[Federal Register Volume 76, Number 29 (Friday, February 11, 2011)]
[Notices]
[Pages 7894-7897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2983]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0372]


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 19 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 March 14, 2011.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2010-0372 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

[[Page 7895]]

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 19 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

James L. Acree

    Mr. Acree, age 56, has had chronic open angle glaucoma in his left 
eye since 2006. 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 professional opinion, Mr. Acree has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Acree reported that he has driven straight 
trucks for 20 years, accumulating 300,000 miles and tractor-trailer 
combinations for 17 \1/2\; years accumulating 2.6 million miles. He 
holds a Class A Commercial Driver's License (CDL) from Georgia. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Tracey M. Baucom

    Mr. Baucom, 37, has had refractive amblyopia in his left eye since 
childhood. The visual acuity in his right eye is 20/25 and in his left 
eye, 20/400. Following an examination in 2010, his optometrist noted, 
``In my medical opinion, Mr. Tracey Baucom has demonstrated that he has 
sufficient vision to drive and operate commercial vehicle.'' Mr. Baucom 
reported that he has driven straight trucks for 5 years, accumulating 
125,000 miles and tractor-trailer combinations for 1 year accumulating 
500 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.

David L. Botkins

    Mr. Botkins, 58, has had corneal scar and amblyopia in his right 
eye since 1961. The visual acuity in his right eye is count-finger 
vision and in his left eye, 20/20. Following an examination in 2010, 
his optometrist noted, ``Mr. Botkins has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Botkins reported that he has driven straight trucks for 33 years, 
accumulating 57,750 miles. He holds a Class D operator's license from 
New York. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Richard D. Flaherty

    Mr. Flaherty, 50, has had a prosthetic right eye since 1999. The 
best corrected visual acuity in his right eye is 20/15. Following an 
examination in 2010, his ophthalmologist noted, ``In my medical opinion 
Doug Flaherty has excellent vision in his remaining eye OS to safely 
operate a commercial vehicle.'' Mr. Flaherty reported that he has 
driven straight trucks for 15 years, accumulating 390,000 miles and 
tractor-trailer combinations for 15 years accumulating 615,000 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.

Michael R. Holmes

    Mr. Holmes, 61, has had ocular melanoma in his right eye since 
2003. 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, ``It is in my medical opinion that patient 
does have sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Holmes reported that he has driven 
straight trucks for 39 years, accumulating 1.5 million miles and 
tractor-trailer combinations for 11 years accumulating 110,000 miles. 
He holds a Class A CDL from South Dakota. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

James W. Hoover

    Mr. Hoover, 44, has had amblyopia in his right eye since childhood. 
The best corrected visual acuity in his right eye is 20/60 and in his 
left eye, 20/20. Following an examination in 2010, his optometrist 
noted, ``With his level of vision and visual field I feel he has 
adequate vision to drive commercially.'' Mr. Hoover reported that he 
has driven straight trucks for 18 years, accumulating 270,000 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.

Mark C. Jeffrey

    Mr. Jeffrey, 61, has had a central retinal vein occlusion in his 
right eye since 2005. 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 ophthalmologist noted, ``In my medical opinion Mr. Mark Jeffrey has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Jeffrey reported that he has driven straight 
trucks for 35 years, accumulating 8,750 miles and tractor-trailer 
combinations for 30 years, accumulating 2.1 million miles. He holds a 
Class A CDL from Montana. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

Paul J. Jones

    Mr. Jones, 45, has had complete loss of vision in his right eye 
since birth. The best corrected visual acuity in his right eye is No 
light perception and in his left eye, 20/20. Following an examination 
in 2010, his ophthalmologist noted, ``I certify that in my opinion Mr. 
Jones' vision is sufficient to perform his driving tasks of a 
commercial vehicle.'' Mr. Jones reported that he has driven straight 
trucks for 24 years, accumulating 210,000 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.

Pedro G. Limon

    Mr. Limon, 39, has had amblyopia and aphakic in his right eye for 
35 years. 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 
ophthalmologist noted, ``In my opinion Mr. Limon has sufficient vision 
to perform the duties to operate a commercial vehicle safely.'' Mr. 
Limon reported that he has driven straight trucks for 6 years, 
accumulating 280,800 miles. He holds a Class C operator's

[[Page 7896]]

license from Texas. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

William G. Marshall

    Mr. Marshall, 56, 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, 20/400. Following an examination in 2010, his optometrist 
noted, ``In my medical opinion Mr. William Marshall has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Marshall reported that he has driven straight trucks for 
23 years, accumulating 851,000 miles and tractor-trailer combinations 
for 20 years, accumulating 300,000 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.

Timothy S. Moore

    Mr. Moore, 35, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is 20/300 and in his left eye, 20/
20. Following an examination in 2010, his ophthalmologist noted, ``I 
believe that Mr. Moore has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Moore reported 
that he has driven tractor trailer combinations for 4 years, 
accumulating 200,000 miles. He holds a Class A CDL from Washington. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Kenneth H. Morris

    Mr. Morris, 42, has had prosthetic left eye since childhood. The 
visual acuity in his right eye is 20/20. Following an examination in 
2010, his optometrist noted, ``He has sufficient vision to drive a 
commercial vehicle.'' Mr. Morris reported that he has driven straight 
trucks for 18 years, accumulating 72,000 miles, tractor trailer 
combinations for 18 years, accumulating 72,000 miles, and buses for 3 
years, accumulating 9,000 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.

Shelby V. Nicholson

    Mr. Nicholson, 58, 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, 20/100. Following an examination in 2010, his 
optometrist noted, ``It is my medical opinion that visually Mr. 
Nicholson is more than capable of performing the tasks required by him 
in operating a commercial vehicle.''
    Mr. Nicholson reported that he has driven straight trucks for 24 
years, accumulating 2 million miles and tractor trailer combinations 
for 27 years, accumulating 2.7 million 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.

Tracy J. Omeara

    Mr. Omeara, 46, has had dense cataract and retinal damage in his 
left eye due to an injury sustained 22 years ago. The visual acuity in 
his right eye is 20/20 and in his left eye, count-finger vision. 
Following an examination in 2010, his ophthalmologist noted, ``In my 
opinion, Mr. Omeara has adequate vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Omeara reported that he 
has driven tractor trailer combinations for 3 years, accumulating 
53,481 miles. He holds a Class A CDL from Oregon. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Gary W. Pope

    Mr. Pope, 43, has had complete loss of vision in his left eye due 
to an infection since childhood. The best corrected visual acuity in 
his right eye is 20/20. Following an examination in 2010, his 
optometrist noted, ``In my professional opinion since Gary has had this 
condition since early childhood, he is very well adapted and functional 
to drive a commercial vehicle.'' Mr. Pope reported that he has driven 
straight trucks for 13 years, accumulating 468,000 miles. He holds a 
Class R operator's license from Colorado. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

George D. Ruth

    Mr. Ruth, 56, 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, 20/200. Following an examination in 2010, his optometrist noted, 
``Mr. Ruth's vision seems sufficient to continue to operate a 
commercial vehicle.'' Mr. Ruth reported that he has driven straight 
trucks for 35 years, accumulating 1.7 million miles and tractor trailer 
combinations for 35 years, accumulating 1.7 million 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.

Benjamin Stone

    Mr. Stone, 38, has had amblyopia in his left eye due to an injury 
34 years ago. The visual acuity in his right eye is 20/25 and in his 
left eye, 20/400. Following an examination in 2010, his optometrist 
noted, ``In my medical opinion Benjamin Stone has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Stone reported that he has driven straight trucks for 3 years, 
accumulating 191,400 miles. He holds a Class B CDL from Virginia. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

James H. Wallace, Sr.

    Mr. Wallace, 42, 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, 20/400. Following an examination in 2010, his optometrist noted, 
``In my medical opinion, I believe Mr. James Wallace, Sr., has 
sufficient vision to continue to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Wallace reported that he has driven 
straight trucks for 3 years, accumulating 600,000 miles and tractor 
trailer combinations for 7 years, accumulating 525,000 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.

Ronald C. Wolfe

    Mr. Wolfe, 74, has had macular degeneration in his right eye since 
1987. The visual acuity in his right eye is 20/400 and in his left eye, 
20/30. Following an examination in 2010, his ophthalmologist noted, ``I 
certify that in my medical opinion that he has sufficient vision to 
continue to perform driving tasks required to operate a commercial 
vehicle.'' Mr. Wolfe reported that he has driven straight trucks for 54 
years, accumulating 29,700 miles and tractor trailer combinations for 
52 years, accumulating 13,000 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.

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 March 14, 2011. Comments will be 
available for examination in the

[[Page 7897]]

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: January 31, 2011.
Larry W. Minor,
Associate Administrator, Office of Policy.
[FR Doc. 2011-2983 Filed 2-10-11; 8:45 am]
BILLING CODE 4910-EX-P