[Federal Register Volume 76, Number 6 (Monday, January 10, 2011)]
[Notices]
[Pages 1493-1495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-245]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0413]


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 16 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 February 9, 2011.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2010-0413 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 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: 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 16 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

Michael L. Ballantyne

    Mr. Ballantyne, age 55, has had refractive amblyopia in his right 
eye since birth. The best corrected visual acuity in his right eye is 
20/200 and in his left eye, 20/20. Following an examination in 2010, 
his optometrist noted, ``In my medical opinion has

[[Page 1494]]

sufficient vision to operate commercial vehicle.'' Mr. Ballantyne 
reported that he has driven straight trucks for 30 years, accumulating 
750,000 miles. He holds a Class B Commercial Driver's License (CDL) 
from Missouri. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Terry Brown

    Mr. Brown, 47, has had amblyopia in his left eye due to an injury 
sustained in 1996. The best corrected visual acuity in his right eye is 
20/20 and in his left eye, 20/400. Following an examination in 2010, 
his optometrist noted, ``The vision is more than adequate in his right 
eye to perform his duties as a commercial truck driver.'' Mr. Brown 
reported that he has driven straight trucks for 2 years, accumulating 
20,000 miles and tractor-trailer combinations for 20 years accumulating 
1.4 million miles. He holds a Class D operator's license from South 
Carolina. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Delbert M. Carson

    Mr. Carson, 65, has had histoplasmosis in his right eye since 
birth. The best corrected visual acuity in his right eye is 20/800 and 
in his left eye, 20/25. Following an examination in 2010, his 
optometrist noted, ``In my medical opinion, Mr. Delbert Carson has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Carson reported that he has driven tractor-
trailer combinations for 43 years, accumulating 430 million miles. He 
holds a Class F operator's license from South Carolina. His driving 
record for the last 3 years shows no crashes and one conviction for a 
moving violation in a CMV. He exceeded the speed limit by 13 mph.

Wingson Chang

    Mr. Chang, 39, has had refractive amblyopia in his left eye since 
childhood. The best corrected visual acuity in his right eye is 20/20 
and in his left eye, 20/60. Following an examination in 2010, his 
optometrist noted, ``In my medical opinion, Mr. Chang has sufficient 
vision with both eyes working together to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Chang reported that he 
has driven straight trucks for 21 years, accumulating 7.6 million 
miles. He holds a Class B CDL from New Jersey. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Richard C. Dickinson

    Mr. Dickinson, 55, 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 2010, his optometrist 
noted, ``This is to certify that, in my opinion, Richard C. Dickinson 
has sufficient vision to perform driving tasks required to operate a 
commercial vehicle.'' Mr. Dickinson reported that he has driven 
straight trucks for 6 years, accumulating 30,000 miles and tractor-
trailer combinations for 6 years accumulating 30,000 miles. He holds a 
Class B CDL from Georgia. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

Richard A. Guthrie

    Mr. Guthrie, 52, has had a prosthetic left eye since childhood. The 
best corrected visual acuity in his right eye is 20/20. Following an 
examination in 2010, his optometrist noted, ``In my opinion, Richard 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Guthrie reported that he has driven 
straight trucks for 15 years, accumulating 300,000 miles and tractor-
trailer combinations for 20 years accumulating 700,000 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.

Kenneth L. Handy

    Mr. Handy, 68, has had nuclear sclerosis cataract and amblyopia in 
his right eye since childhood. The best corrected visual acuity in his 
right eye is 20/250 and in his left eye, 20/20. Following an 
examination in 2010, his ophthalmologist noted, ``I believe he has 
sufficient vision to perform driving tasks required to operate a 
commercial vehicle.'' Mr. Handy reported that he has driven straight 
trucks for 8 years, accumulating 200,000 miles. He holds a Class B CDL 
from Iowa. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Thomas J. Ivins

    Mr. Ivins, 53, has had central serous retinopathy in his left eye 
since 2004. The best corrected visual acuity in his right eye is 20/20 
and in his left eye, 20/100. Following an examination in 2010, his 
optometrist noted, ``In my opinion, Mr. Ivins has sufficient vision to 
perform the tasks required to safely operate a commercial vehicle.'' 
Mr. Ivins reported that he has driven straight trucks for 5 years, 
accumulating 312,500 miles and tractor-trailer combinations for 28 
years accumulating 5 million miles. He holds a Class A CDL from 
Florida. His driving record for the last 3 years shows no crashes and 
one conviction for a moving violation in a CMV. He exceeded the speed 
limit by 9 mph.

Byron K. Lavender

    Mr. Lavender, 44, has had ambloypia in his right eye since 
childhood. The best corrected visual acuity in his right eye is 20/100 
and in his left eye, 20/15. Following an examination in 2010, his 
optometrist noted, ``In my opinion, Bryon has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Lavender reported that he has driven straight trucks for 20 years, 
accumulating 800,000 miles. He holds a Class B CDL from Ohio. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Victor M. McCants

    Mr. McCants, 43, has had macular drusen in his right eye since 
1997. The visual acuity in his right eye is 20/50 and in his left eye, 
20/20. Following an examination in 2010, his optometrist noted, ``With 
20/20 vision obtained without any glasses and 140 degrees peripheral 
vision, I feel he should not have any trouble driving a commercial 
vehicle.'' Mr. McCants reported that he has driven tractor-trailer 
combinations for 17 years, accumulating 816,000 miles. He holds a Class 
A CDL from Alabama. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

William K. Otwell

    Mr. Otwell, 47, has had complete loss of vision in his right eye 
since childhood. The best corrected visual acuity in his right eye is 
light perception and in his left eye, 20/20. Following an examination 
in 2010, his optometrist noted, ``I feel that his vision is adequate to 
operate a commercial vehicle.'' Mr. Otwell reported that he has driven 
straight trucks for 16 years, accumulating 720,000 miles. He holds a 
Class B CDL from Louisiana. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Donald R. Pointer

    Mr. Pointer, 32, has had a prosthetic left eye since childhood. The 
visual acuity in his right eye is 20/20.

[[Page 1495]]

Following an examination in 2010, his optometrist noted, ``It is my 
medical opinion that Mr. Pointer has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Pointer 
reported that he has driven straight trucks for 5 years, accumulating 
13,000 miles. He holds a Class A CDL from Colorado. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Steve A. Reece

    Mr. Reece, 48, has had a retinal detachment in his left eye due to 
an injury sustained in 1991. 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 ophthalmologist noted, ``I feel that his 
vision should be sufficient to perform the driving tasks he has been 
doing for the past 19 years.'' Mr. Reece reported that he has driven 
straight trucks for 25 years, accumulating 200,000 miles and tractor-
trailer combinations for 21 years accumulating 1 million 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.

Thomas S. Roth

    Mr. Roth, 50, has had a prosthetic right eye since childhood. The 
visual acuity in his right eye is hand motion and in his left eye, 20/
20. Following an examination in 2010, his optometrist noted, ``In my 
medical opinion and the guidelines set by the State of Pennsylvania, 
Mr. Roth has sufficient vision to perform the drivers tasks required to 
operate a commercial vehicle.'' Mr. Roth reported that he has driven 
straight trucks for 27 years, accumulating 405,000 miles and tractor-
trailer combinations for 24 years accumulating 120,000 miles. He holds 
a Class A CDL from Delaware. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Mark A. Steckmyer

    Mr. Steckmyer, 47, has had optic atrophy secondary to optic 
neuritis in his left eye since 1984. The visual acuity in his right eye 
is 20/20 and in his left eye, count- finger vision. Following an 
examination in 2010, his optometrist noted, ``He has sufficient vision 
to perform driving tasks required to operate a commercial vehicle due 
to the stable and longstanding nature of his injury.'' Mr. Steckmyer 
reported that he has driven straight trucks for 8 years, accumulating 
70,200 miles. He holds a Class B CDL from Kentucky. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

James M. Tennyson

    Mr. Tennyson, 60, has had Kerataconus and a failed corneal graft in 
his left eye since birth. The best corrected visual acuity in his right 
eye is 20/25 and in his left eye, hand motion. Following an examination 
in 2010, his ophthalmologist noted, ``I feel in my professional opinion 
that with his visual acuity he will be able to operate a commercial 
vehicle.'' Mr. Tennyson reported that he has driven straight trucks for 
44 years, accumulating 528,000 miles. He holds a Class C operator's 
license from Maryland. 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 February 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: December 29, 2010.
Larry W. Minor,
Associate Administration, Office of Policy.
[FR Doc. 2011-245 Filed 1-7-11; 8:45 am]
BILLING CODE 4910-EX-P