[Federal Register Volume 75, Number 115 (Wednesday, June 16, 2010)]
[Notices]
[Pages 34209-34213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14537]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0114]


Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemptions; request for comments.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces receipt of applications from 30 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 July 16, 2010.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-

[[Page 34210]]

2010-0114 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 acknowledgment 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 association, business, labor union, etc.). 
You may review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19476). This information is 
also available at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical 
Programs, (202) 366-4001, [email protected], 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 30 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

David E. Balboni

    Mr. Balboni, age 41, has had amblyopia in his right eye since 
birth. The best corrected visual acuity in his right eye is 20/400 and 
in his left eye, 20/20. Following an examination in 2010, his 
ophthalmologist noted, ``This small limitation of his central field in 
the right eye should not in any way impair his ability to drive a 
commercial vehicle.'' Mr. Balboni reported that he has driven straight 
trucks for 15 years, accumulating 750,000 miles. He holds a Class B 
Commercial Driver's License (CDL) from Massachusetts. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Mark S. Berkheimer

    Mr. Berkheimer, 47, has complete loss of vision in his right eye. 
The best corrected visual acuity in his left eye is 20/20. Following an 
examination in 2010, his optometrist noted, ``Mr. Berkheimer has safely 
driven commercial vehicles for a number of years without incident. It 
continues to be my medical opinion that he should be able to continue 
to operate a commercial vehicle and be approved for an exemption.'' Mr. 
Berkheimer reported that he has driven straight trucks for 21 years, 
accumulating 627,186 miles. He holds a Class A CDL from Pennsylvania. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Rodney H. Bridges

    Mr. Bridges, 39, has had amblyopia in his right eye since 
childhood. The best corrected visual acuity in his right eye is 20/400 
and in his left eye, 20/20. Following an examination in 2009, his 
optometrist noted, ``In my medical opinion, Mr. Bridges' vision is 
sufficient to perform the driving tasks to operate a commercial 
vehicle.'' Mr. Bridges reported that he has driven straight trucks for 
20 years, accumulating 700,000 miles and tractor-trailer combinations 
for 17 years accumulating 255,000 miles. He holds a Class A CDL from 
North Carolina. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

James D. Broadway

    Mr. Broadway, 41, has had amblyopia in his right eye since 
childhood. The best corrected visual acuity in his right eye is 20/200 
and in his left eye, 20/20. Following an examination in 2010, his 
optometrist noted, ``In my opinion, Mr. Broadway is visually capable of 
driving safely.'' Mr. Broadway reported that he has driven straight 
trucks for 3.5 years, accumulating 42,000 miles. He holds a Class D 
chauffeur's license from Louisiana. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Wesley M. Creamer

    Mr. Creamer, 46, has had glaucoma and angle recession in his left 
eye since childhood. The best corrected visual acuity in his right eye 
is 20/20 and in his left eye, 20/300. Following an examination in 2010, 
his optometrist noted, ``I believe he has sufficient vision to perform 
the driving tasks to operate a commercial vehicle.'' Mr. Creamer 
reported that he has driven straight trucks for 15 years, accumulating 
75,000 miles and tractor-trailer combinations for 18 years, 
accumulating 270,000 miles. He holds a Class A CDL from New Mexico. His 
driving record for the last 3 years shows no crashes and two 
convictions for speeding in a CMV. In one instance, he exceeded the 
speed limit by 14 miles per hour (mph) and in the other by 8 mph.

Charles M. Dunn

    Mr. Dunn, 46, has had macular scarring in his left eye since 1990. 
The best corrected visual acuity in his right eye is 20/16 and in his 
left eye, hand-motion vision. Following an examination in 2010, his 
optometrist noted, ``In my medical opinion, Mr. Dunn has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Dunn reported that he has driven straight trucks for 30 
years, accumulating 3 million miles. He holds a Class D operator's 
license from Alabama. His driving record for the last 3 years shows no 
crashes and no

[[Page 34211]]

convictions for moving violations in a CMV.

Tony K. Ellis

    Mr. Ellis, 57, has had optic atrophy in his right eye since 1995. 
The best corrected visual acuity in his right eye is 20/60 and in his 
left eye, 20/15. Following an examination in 2010, his ophthalmologist 
noted, ``I believe his vision is sufficient for him to operate a 
commercial vehicle safely.'' Mr. Ellis reported that he has driven 
tractor-trailer combinations for 38 years, accumulating 3.8 million 
miles. He holds a Class A CDL from Indiana. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Leonard J. Ferrin

    Mr. Ferrin, 25, has had retinal scarring in his left eye since age 
14. The best corrected visual acuity in his right eye is 20/20 and in 
his left eye, 20/200. Following an examination in 2010, his optometrist 
noted, ``In my medical opinion, Leonard has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Ferrin reported that he has driven straight trucks for 1 year, 
accumulating 5,000 miles and tractor-trailer combinations for 5 years, 
accumulating 125,000 miles. He holds a Class A CDL from Utah. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Paul A. Giarrusso

    Mr. Giarrusso, 56, has had amblyopia in his right eye since 
childhood. The best corrected visual acuity in his right eye is 20/200 
and in his left eye, 20/20. Following an examination in 2010, his 
optometrist noted, ``In my opinion Mr. Giarrusso has sufficient vision 
to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Giarrusso reported that he has driven straight trucks 
for 2 years, accumulating 2,000 miles and tractor-trailer combinations 
for 32 years, accumulating 2 million miles. He holds a Class A CDL from 
Florida. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Jerry L. Gibson

    Mr. Gibson, 59, has retinal scarring in his right eye due to trauma 
sustained during childhood. The best corrected visual acuity in his 
right eye is count-finger vision and in his left eye, 20/25. Following 
an examination in 2010, his ophthalmologist noted, ``I believe he has 
sufficient vision to maintain his license as a commercial driver in any 
state.'' Mr. Gibson reported that he has driven straight trucks for 20 
years, accumulating 1 million miles and tractor-trailer combinations 
for 16 years, accumulating 1.1 million miles. He holds a Class A CDL 
from Florida. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Rici W. Giesseman

    Mr. Giesseman, 37, has had macular scarring in his right eye since 
birth. The best corrected visual acuity in his right eye is 20/200 and 
in his left eye, 20/20. Following an examination in 2010, his 
optometrist noted, ``In my opinion this patient has sufficient vision 
to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Giesseman reported that he has driven straight trucks 
for 20 years, accumulating 300,000 miles and tractor-trailer 
combinations for 8 years, accumulating 320,000 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.

George R. House

    Mr. House, 53, 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, 20/200. Following an examination in 2009, his optometrist noted, 
``In my opinion his vision is sufficient to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. House reported that he 
has driven straight trucks for 33 years, accumulating 330,000 miles and 
tractor-trailer combinations for 33 years, accumulating 627,000 miles. 
He holds a Class A CDL from Missouri. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Michael A. Jabro

    Mr. Jabro, 46, has had glaucoma in his right eye since 1998. The 
best corrected visual acuity in his right eye is 20/100 and in his left 
eye, 20/20. Following an examination in 2010, his optometrist noted, 
``I certify in my medical opinion that Mr. Jabro has sufficient vision 
to perform the driving tasks required to operate a commercial vehicle 
without any restrictions.'' Mr. Jabro reported that he has driven 
straight trucks for 5 years, accumulating 575,000 miles and tractor-
trailer combinations for 8 years, accumulating 920,000 miles. He holds 
a Class A CDL from Michigan. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Thomas L. Jashurek, Jr.

    Mr. Jashurek, 38, has had amblyopia in his right eye since birth. 
The best corrected visual acuity in his right eye is 20/200 and in his 
left eye, 20/15. Following an examination in 2010, his optometrist 
noted, ``Thomas has sufficient vision to operate a commercial 
vehicle.'' Mr. Jashurek reported that he has driven straight trucks for 
14 years, accumulating 518,000 miles. He holds a Class A CDL from 
Pennsylvania. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Michael M. Martinez

    Mr. Martinez, 47, has had macular scarring and retinal detachment 
in his right eye due to a traumatic injury sustained in 2001. The best 
corrected visual acuity in his right eye is count-finger vision and in 
his left eye, 20/15. Following an examination in 2010, his optometrist 
noted, ``Binocularly he has full peripheral vision and sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Martinez reported that he has driven straight trucks for 
16 years, accumulating 384,000 miles and tractor-trailer combinations 
for 16 years, accumulating 384,000 miles. He holds a Class A CDL from 
New Mexico. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Robert L. McClain

    Mr. McClain, 54, has had complete loss of vision in his right eye 
since childhood. The best corrected visual acuity in his left eye is 
20/15. Following an examination in 2010, his optometrist noted, ``I 
certify that his medical condition in my medical opinion provides still 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. McClain reported that he has driven straight 
trucks for 20 years, accumulating 2.5 million miles. He holds a Class B 
CDL from Michigan. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Daniel E. Miller

    Mr. Miller, 59, has had amblyopia in his right eye since birth. The 
best corrected visual acuity in his right eye is 20/400 and in his left 
eye, 20/20. Following an examination in 2010, his optometrist noted, 
``In my opinion, he is visually capable of safely operating a

[[Page 34212]]

commercial motor vehicle.'' Mr. Miller reported that he has driven 
straight trucks for 10 years, accumulating 1.2 million miles and 
tractor-trailer combinations for 29 years, accumulating 2.7 million 
miles. He holds a Class A CDL from Virginia. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Buddy W. Myrick

    Mr. Myrick, 71, has had macular degeneration in his right eye since 
2002. The best corrected visual acuity in his right eye is 20/200 and 
in his left eye, 20/25. Following an examination in 2010, his 
optometrist noted, ``In my opinion, Mr. Myrick has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Myrick reported that he has driven tractor-trailer combinations for 
30 years, accumulating 3.2 million 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.

James L. Okonek

    Mr. Okonek, 46, has had a prosthetic left eye since 2006. The best 
corrected visual acuity in his right eye is 20/20. Following an 
examination in 2010, his optometrist noted, ``James has sufficient 
vision to perform the driving tasks to operate a commercial vehicle.'' 
Mr. Okonek reported that he has driven straight trucks for 5 years, 
accumulating 50,000 miles, tractor-trailer combinations for 14 years, 
accumulating 1.8 million miles and buses for 5 years, accumulating 
60,000 miles. He holds a Class D operator's license from Wisconsin. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Aaron L. Paustian

    Mr. Paustian, 42, has macular scarring in his right eye due to a 
traumatic injury sustained during childhood. The best corrected visual 
acuity in his right eye is 20/200 and in his left eye, 20/20. Following 
an examination in 2010, his optometrist noted, ``In my medical opinion 
I believe that Mr. Aaron Paustian has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Paustian 
reported that he has driven straight trucks for 13 years, accumulating 
36,504 miles and tractor-trailer combinations for 17 years, 
accumulating 1.8 million miles. He holds a Class A CDL from Iowa. 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.

Alan J. Reynaldos

    Mr. Reynaldos, 45, has had amblyopia in his right eye since 
childhood. The best corrected visual acuity in his right eye is 20/400 
and in his left eye, 20/20. Following an examination in 2009, his 
ophthalmologist noted, ``Mr. Reynaldos has sufficient vision to operate 
a commercial vehicle.'' Mr. Reynaldos reported that he has driven 
straight trucks for 8 years, accumulating 8,000 miles. He holds a Class 
D operator's license from New Jersey. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Kenneth R. Riener

    Mr. Riener, 48, has a prosthetic right eye due to a traumatic 
injury sustained in 1965. The best corrected visual acuity in his left 
eye is 20/15. Following an examination in 2010, his optometrist noted, 
``I certify that in my medical opinion Mr. Kenneth Raymond Riener has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Riener reported that he has driven straight 
trucks for 5 years, accumulating 90,000 miles. He holds a Class D 
operator's license from Montana. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Charles L. Rill, Sr.

    Mr. Rill, 60, has had amblyopia in his left eye since birth. The 
best corrected visual acuity in his right eye is 20/25 and in his left 
eye, 20/150. Following an examination in 2010, his optometrist noted, 
``He has sufficient vision to operate a commercial vehicle.'' Mr. Rill 
reported that he has driven straight trucks for 42 years, accumulating 
1 million miles and tractor-trailer combinations for 42 years, 
accumulating 4,200 miles. He holds a Class A CDL from Maryland. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Jules M. Sancho, Jr.

    Mr. Sancho, 50, has corneal scarring in his right eye due to a 
traumatic injury sustained during childhood. The best corrected visual 
acuity in his right eye is 20/200 and in his left eye, 20/20. Following 
an examination in 2010, his optometrist noted, ``In my opinion, Mr. 
Sancho has the visual capability to operate a commercial vehicle.'' Mr. 
Sancho reported that he has driven straight trucks for 18 years, 
accumulating 108,000 miles and tractor-trailer combinations for 15 
years, accumulating 187,500 miles. He holds a Class D Chauffeur's 
license from Louisiana. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

Robert Smiley

    Mr. Smiley, 53, has a prosthetic left eye due to a traumatic injury 
sustained in 2000. The best corrected visual acuity in his right eye is 
20/20. Following an examination in 2009, his optometrist noted, ``Mr. 
Smiley meets the requirements and has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle in his right 
eye.'' Mr. Smiley reported that he has driven straight trucks for 1\1/2 
\ years, accumulating 6,000 miles and tractor-trailer combinations for 
18 years, accumulating 2.2 million miles. He holds a Class A CDL from 
New Mexico. His driving record for the last 3 years shows no crashes 
and one conviction for speeding in a CMV. He exceeded the speed limit 
by 10 mph.

Roger L. Sulfridge

    Mr. Sulfridge, 60, has had complete loss of vision in his right eye 
since childhood due to a dense cataract. The best corrected visual 
acuity in his left eye, 20/20. Following an examination in 2010, his 
ophthalmologist noted, ``I feel Mr. Sulfridge has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Sulfridge reported that he has driven straight trucks for 23 years, 
accumulating 287,500 miles and tractor-trailer combinations for 3 
years, accumulating 75,000 miles. He holds a Class A CDL from Kentucky. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Christopher M. Vincent

    Mr. Vincent, 32, has had complete loss of vision his left eye since 
childhood due to a traumatic injury. The best corrected visual acuity 
in his right eye is 20/20. Following an examination in 2009, his 
optometrist noted, ``Mr. Vincent is a one eyed driver with a very 
healthy right eye, normal color vision and normal peripheral vision. I 
do not consider this significant to restrict his operation of a 
commercial vehicle.'' Mr. Vincent reported that he has driven straight 
trucks for 4 years, accumulating 528,000 miles and tractor-trailer 
combinations for 1 year, accumulating 22,000 miles. He holds a Class A 
CDL from North Carolina. His driving record for the last 3 years shows

[[Page 34213]]

no crashes and one conviction for a moving violation in a CMV. He was 
cited for an improper stop on a highway.

Derik T. Winebrenner

    Mr. Winebrenner, 26, has had complete loss of vision his right eye 
since birth due to optic nerve hypoplasia. The best corrected visual 
acuity in his left eye is 20/20. Following an examination in 2010, his 
optometrist noted, ``I believe that Derik Winebrenner has more than 
adequate visual skills to perform the duties of a commercial vehicle 
operator.'' Mr. Winebrenner reported that he has driven straight trucks 
for 10 years, accumulating 200,000 miles and tractor-trailer 
combinations for 10 years, accumulating 275,000 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.

Curtis L. Wolff

    Mr. Wolff, 47, has had loss of vision his left eye since 1981 due 
to cataract surgery and retinal surgery. The best corrected visual 
acuity in his right eye is 20/20 and in his left eye, hand-motion 
vision. Following an examination in 2010, his optometrist noted, ``In 
my opinion, Curtis has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Wolff reported that he 
has driven straight trucks for 25 years, accumulating 1.2 million miles 
and tractor-trailer combinations for 2 years, accumulating 140,000 
miles. He holds a Class D Chauffeur's license from Louisiana. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Robert L. Zebrowski

    Mr. Zebrowski, 68, has had amblyopia in his right eye since birth. 
The best corrected visual acuity in his right eye is 20/50 and in his 
left eye, 20/20. Following an examination in 2009, his optometrist 
noted, ``I believe Mr. Zebrowski is safe to operate a commercial 
vehicle.'' Mr. Zebrowski reported that he has driven straight trucks 
for 6 years, accumulating 150,000 miles and tractor-trailer 
combinations for 27 years, accumulating 499,500 miles. He holds a Class 
A CDL from Wisconsin. His driving record for the last 3 years shows no 
crashes 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 July 16, 2010. 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: June 10, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-14537 Filed 6-15-10; 8:45 am]
BILLING CODE 4910-EX-P