Qualification of Drivers; Exemption Applications; Vision |
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Topics: Federal Motor Carrier Safety Administration
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Larry W. Minor
Federal Register
August 10, 2011
[Federal Register Volume 76, Number 154 (Wednesday, August 10, 2011)]
[Notices]
[Pages 49528-49530]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-20297]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2011-0142]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of applications for exemptions; request for comments.
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SUMMARY: FMCSA announces receipt of applications from 17 individuals
for exemption from the vision requirement in the Federal Motor Carrier
Safety Regulations. If granted, the exemptions would enable these
individuals to qualify as drivers of commercial motor vehicles (CMVs)
in interstate commerce without meeting the Federal vision standard.
DATES: Comments must be received on or before September 9, 2011.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2011-0142 using any of the
following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal Holidays.
Fax: 1-202-493-2251.
Instructions: Each submission must include the Agency name and the
docket numbers for this notice. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an
[[Page 49529]]
association, business, labor union, etc.). You may review DOT's Privacy
Act Statement for the FDMS published in the Federal Register on January
17, 2008 (73 FR 3316), or you may visit http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.
FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical
Programs, (202) 366-4001, fmcsamedical@dot.gov, FMCSA, Department of
Transportation, 1200 New Jersey Avenue, SE., Room W64-224, Washington,
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., Monday
through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the Federal Motor Carrier Safety Regulations for a 2-year period
if it finds ``such exemption would likely achieve a level of safety
that is equivalent to or greater than the level that would be achieved
absent such exemption.'' FMCSA can renew exemptions at the end of each
2-year period. The 17 individuals listed in this notice have each
requested such an exemption from the vision requirement in 49 CFR
391.41(b)(10), which applies to drivers of CMVs in interstate commerce.
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting an exemption will achieve the
required level of safety mandated by statute.
Qualifications of Applicants
Stephan P. Adamczyk
Mr. Adamczyk, age 49, has had amblyopia in his left eye since
birth. The best corrected visual acuity in his right eye is 20/20 and
in his left eye, no light perception. Following an examination in 2011,
his optometrist noted, ``Based on the results of my examination, I
certify that in my medical opinion, Stephen P. Adamczyk has sufficient
vision to perform the tasks required to operate a commercial vehicle.''
Mr. Adamczyk reported that he has driven straight trucks for 24 years,
accumulating 1.3 million miles. He holds a Class C operator's license
from Maine. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Shaun E. Burnett
Mr. Burnett, 37, has had amblyopia in his left eye since childhood.
The best corrected visual acuity in his right eye is 20/15 and in his
left eye, 20/125. Following an examination in 2011, his optometrist
noted, ``Once again, in my optometric opinion, Shaun is sufficiently
capable of operating a commercial vehicle while performing the required
tasks in his profession.'' Mr. Burnett reported that he has driven
tractor-trailer combinations for 14 years, accumulating 1.4 million
miles. He holds a Class A Commercial Driver's License (CDL) from Iowa.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Kevin W. Cannon
Mr. Cannon, 41, has had glaucoma and severe loss of vision in his
left eye due to glaucoma since 2008. Visual acuity in his right eye is
20/20 and in his left eye, no light perception. Following an
examination in 2011, his optometrist noted, ``He has significant vision
in my professional opinion to safely operate a commercial vehicle.''
Mr. Cannon reported that he has driven tractor-trailer combinations for
19 years, accumulating 950,000 miles. He holds a Class A CDL from
Kansas. His driving record for the last 3 years shows no crashes but
one conviction for speeding in a CMV. He exceeded the speed limit by 13
miles per hour (mph).
Daniel W. Eynon
Mr. Eynon, 49, has had a macular scar in his right eye due to an
injury sustained in 1978. The best corrected visual acuity in his right
eye is 20/160 and in his left eye, 20/20. Following an examination in
2011, his ophthalmologist noted, ``In my medical opinion, the patient
has sufficient vision to perform his driving tasks and to operate a
commercial vehicle.'' Mr. Eynon reported that he has driven tractor-
trailer combinations for 28 years, accumulating 2.5 million miles. He
holds a Class A CDL from Ohio. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Anton Filic
Mr. Filic, 39, has had amblyopia in his left eye since childhood.
The best corrected visual acuity in his right eye is 20/20 and in his
left eye, 20/200. Following an examination in 2011, his optometrist
noted, ``I, Bert Bubela, OD, certify that in my medical opinion Anton
Filic has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Filic reported that he has driven
straight trucks for 6 years, accumulating 480,000 miles and tractor-
trailer combinations for 6 years, accumulating 900,000 miles. He holds
a Class A CDL from Texas. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.
Mark E. Geesner
Mr. Gessner, 48, has been hyperopic in both of his eyes since
childhood. The best corrected visual acuity in his right eye is 20/20
and in his left eye, 20/80. Following an examination in 2011, his
optometrist noted, ``In my professional medical opinion, Mr. Mark
Gessner has more than sufficient vision to perform the driving tasks
required in operating a commercial vehicle.'' Mr. Gessner reported that
he has driven straight trucks for 10 years, accumulating 500,000 miles
and tractor-trailer combinations for 11 years, accumulating 990,000
miles. He holds a Class A CDL from Florida. His driving record for the
last 3 years shows no crashes but one conviction for a moving violation
in a CMV; failure to obey a traffic signal.
Stephen A. Grieser
Mr. Grieser, 60, has had amblyopia in his right eye since birth.
The best corrected visual acuity in his right eye is count-finger
vision and in his left eye, 20/20. Following an examination in 2011,
his optometrist noted, ``I am in agreement with Dr. Kim Powell that the
K2 restriction be removed from his CDL license and that he be granted a
CDL without restriction.'' Mr. Grieser reported that he has driven
straight trucks for 32 years, accumulating 320,000 miles and tractor-
trailer combinations for 32 years, accumulating 448,000 miles. He holds
a Class A CDL from Ohio. His driving record for the last 3 years shows
no crashes but one conviction for speeding in a CMV; he exceeded the
speed limit by 10 mph.
Michael L. Harrison
Mr. Harrison, 56, has had complete loss of vision in his left eye
due an injury in 1971. The best corrected visual acuity in his right
eye is 20/20. Following an examination in 2011, his optometrist noted,
``Based on meeting your requirements, I believe he has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Harrison reported that he has driven straight trucks for
1\1/2\ years, accumulating 124,500 miles, tractor-trailer combinations
for 26 years, accumulating 2 million miles and buses for 1\1/2\ years,
accumulating 76,500 miles. He holds a Class A CDL from Florida. His
driving record for the last 3 years shows no crashes but one conviction
for speeding in a CMV; he exceeded the speed limit by 23 mph.
[[Page 49530]]
Dennis H. Heller
Mr. Heller, 58, has had complete loss of vision in his left eye due
to a traumatic incident in 1994. The best corrected visual acuity in
his right eye is 20/25. Following an examination in 2011, his
ophthalmologist noted, ``Mr. Heller describes commercial operation of
trucks for many years and reports no trouble in their operation. I can
see no reason from an ocular standpoint that his performance has
changed over the years although of course he has no true stereopsis
since the time of his accident.'' Mr. Heller reported that he has
driven straight trucks for 42 years, accumulating 1.4 million miles and
tractor trailer-combinations for 37 years, accumulating 111,000 miles.
He holds a CDL Class A from Kansas. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Reginald J. Horner
Mr. Horner, 70, has had ruptured globe in his right eye due to a
traumatic injury he sustained in 2001. The best corrected visual acuity
in his right eye is no light perception and in his left eye, 20/20.
Following an examination in 2011, his ophthalmologist noted, ``In my
opinion, Mr. Horner's condition should not preclude him from sufficient
vision to perform driving tasks of a commercial vehicle.'' Mr. Horner
reported that he has driven straight trucks for 16 years, accumulating
9,600 miles. He holds a Class B CDL from New York. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Eric L. Kinner
Mr. Kinner, 54, has had amblyopia in his left eye since childhood.
The best corrected visual acuity in his right eye is 20/20 and in his
left eye, 20/70. Following an examination in 2011, his optometrist
noted, ``This letter is to certify in my medical opinion, that Mr.
Kinner has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Kinner reported that he has driven
straight trucks for 9 years, accumulating 330,000 miles. He holds a
Class A CDL from New York. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Everett H. Logan
Mr. Logan, 44, has had amblyopia in his right eye since childhood.
The best corrected visual acuity in his right eye is 20/50 and in his
left eye, 20/20. Following an examination in 2011, his optometrist
noted, ``It is my opinion that Mr. Everett Logan has sufficient vision
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Logan reported that he has driven straight trucks for 3
years, accumulating 150,000 miles and tractor-trailer combinations for
19 years, accumulating 2.1 million miles. He holds a Class A CDL from
Ohio. His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Robert E. Morgan, Jr.
Mr. Morgan, 54, has a prosthetic right eye due to an injury he
sustained as a child. The best corrected visual acuity in his left eye
is 20/20. Following an examination in 2011, his optometrist noted, ``I
feel that he is capable of safely operating a commercial vehicle.'' Mr.
Morgan reported that he has driven straight trucks for 35 years,
accumulating 525,000 miles. He holds a Class C operator's license from
Georgia. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Jerry R. Orndorff
Mr. Orndorff, 63, has had a macular hole in his right eye since
2005. The best corrected visual acuity in his right eye 20/60 and in
his left eye, 20/20. Following an examination in 2011, his
ophthalmologist noted, ``My opinion is that he should be safe to drive
with the vision he presently has.'' Mr. Orndorff reported that he has
driven tractor-trailer combinations for 29 years, accumulating 1.7
million miles. He holds a Class A CDL from West Virginia. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.
Gerald A. Pilarski
Mr. Pilarski, 50, has had amblyopia in his right eye since
childhood. The best corrected visual acuity in his right eye is 20/50
and in his left eye, 20/20. Following an examination in 2011, his
optometrist noted, ``In my opinion, he has sufficient vision to perform
the driving tasks to operate a commercial vehicle safely.'' Mr.
Pilarski reported that he has driven straight trucks for 15 years,
accumulating 450,000 miles. He holds an operator's license from
Indiana. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Jason W. Rupp
Mr. Rupp, 39, has had strabismic amblyopia in his left eye since
childhood. The best corrected visual acuity in his right eye is 20/20
and in his left eye, 20/150. Following an examination in 2011, his
optometrist noted, ``In my opinion, Mr. Rupp has sufficient vision to
perform the tasks required of a commercial driver.'' Mr. Rupp reported
that he has driven tractor-trailer combinations for 6 years,
accumulating 60,000 miles. He holds a Class C operator's license from
Pennsylvania. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
John F. Zalar
Mr. Zalar, 54, has had amblyopia in his left eye since birth. The
best corrected visual acuity in his right eye is 20/20 and in his left
eye, count-finger vision. Following an examination in 2011, his
optometrist noted, ``In my opinion, I feel this patient can perform all
driving tasks required to operate a commercial vehicle.'' Mr. Zalar
reported that he has driven tractor-trailer combinations for 33 years,
accumulating 3.3 million miles. He holds a Class D operator's license
from New York. His driving record for the last 3 years shows one crash,
for which he was not cited, and no convictions for moving violations in
a CMV.
Request for Comments
In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. The Agency will consider all comments
received before the close of business September 9, 2011. Comments will
be available for examination in the docket at the location listed under
the ADDRESSES section of this notice. The Agency will file comments
received after the comment closing date in the public docket, and will
consider them to the extent practicable.
In addition to late comments, FMCSA will also continue to file, in
the public docket, relevant information that becomes available after
the comment closing date. Interested persons should monitor the public
docket for new material.
Issued on: August 4, 2011.
Larry W. Minor,
Associate Administrator Office of Policy.
[FR Doc. 2011-20297 Filed 8-9-11; 8:45 am]
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