[Federal Register Volume 76, Number 87 (Thursday, May 5, 2011)]
[Notices]
[Pages 25766-25769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11014]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0092]


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

[[Page 25767]]

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 June 6, 2011.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2011-0092 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 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

Keith E. Allstot

    Mr. Allstot, age 51, has loss of vision in his left eye due to a 
traumatic injury that occurred in 2002. 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, ``Using both eyes, 
Keith's vision is sufficient for commercial driving licensing and 
tasks.'' Mr. Allstot reported that he has driven straight trucks for 15 
years, accumulating 999,990 miles and tractor-trailer combinations for 
31 years, accumulating 3 million miles. He holds a Class A Commercial 
Driver's License (CDL) from Washington. His driving record for the last 
3 years shows no crashes and no convictions for moving violations in a 
CMV.

Christopher L. Bagby

    Mr. Bagby, 45, has a misplaced pupil and a mild cataract in his 
right eye due to an injury sustained as a child. The visual acuity in 
his right eye is 20/1200 and in his left eye, 20/20. Following an 
examination in 2010, his optometrist noted, ``In my medical opinion, 
Mr. Bagby has sufficient vision to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Bagby reported that he has 
driven straight trucks for 14 years, accumulating 350,000 miles and 
tractor-trailer combinations for 6 years, accumulating 150,000 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.

Joseph L. Butler

    Mr. Butler, 47, has a prosthetic left eye due to a chorodial 
melanoma that occurred in 2003. The best corrected visual acuity in his 
right eye is 20/20. Following an examination in 2011, his optometrist 
noted, ``It is my medical opinion that Mr. Butler has sufficient vision 
to perform the driving tasks necessary to operate the commercial 
vehicles required to maintain his business.'' Mr. Butler reported that 
he has driven straight trucks for 30 years, accumulating 600,000 miles 
and tractor-trailer combinations for 30 years, accumulating 150,000 
miles. He holds a Class C 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.

Shawn M. Carroll

    Mr. Carroll, 44, has had amblyopia in his left eye since birth. The 
best corrected visual acuity in his right eye is 20/15 and in his left 
eye, 20/200. Following an examination in 2010, his optometrist noted, 
``I have found and determined Shawn Carroll to have sufficient vision 
to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Carroll reported that he has driven straight trucks for 
25 years, accumulating 1.3 million miles and tractor-trailer 
combinations for 4 years, accumulating 100,000 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.

Erik R. Davis

    Mr. Davis, 30, has had amblyopia in his right eye since childhood. 
The best corrected visual acuity in his right eye is 20/80 and in his 
left eye, 20/20. Following an examination in 2011, his optometrist 
noted, ``In my medical opinion I feel that Mr. Davis has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Davis reported that he has driven straight trucks for 
8[frac12] years, accumulating 1.3 million miles. He holds a Class A CDL 
from Georgia. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

[[Page 25768]]

Walter C. Dean, Sr.

    Mr. Dean, 67, has complete loss of vision in his right eye due to a 
traumatic injury sustained as a child. 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, ``I feel 
that he has sufficient vision to perform the driving tasks that are 
required to operate a commercial vehicle.'' Mr. Dean reported that he 
has driven straight trucks for 40 years, accumulating 3.1 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 convictions for 
moving violations in a CMV.

John C. DiMassa

    Mr. DiMassa, 53, has had amblyopia in his right eye since birth. 
The best corrected visual acuity in his right eye is 20/100 and in his 
left eye, 20/20. Following an examination in 2011, his optometrist 
noted, ``In my professional opinion, John has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. DiMassa reported that he has driven straight trucks for 30 years, 
accumulating 150,000 miles and tractor-trailer combinations for 30 
years, accumulating 150,000 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.

Jerry O. Ekes

    Mr. Ekes, 38, has had a refractive 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 2011, his 
optometrist noted, ``It is my professional opinion that Mr. Ekes has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle''. Mr. Ekes reported that he has driven straight 
trucks for 15 years, accumulating 180,000 miles. He holds a Class D 
operator's license from Mississipi. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Robert A. Goerl, Jr.

    Mr. Goerl, 33, has traumatic cataract and macular hole in his left 
eye since 2000. The best corrected visual acuity in his right eye is 
20/20 and in his left eye, 20/60. Following an examination in 2011, his 
optometrist noted, ``It is my opinion that Mr. Goerl does have 
sufficient visual function to perform the driving tasks required to 
operate a commercial vehicle''. Mr. Goerl reported that he has driven 
straight trucks for 12 years, accumulating 60,000 miles. He holds a 
Class C operator's license from Pennslyvania. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Eric M. Grayson

    Mr. Grayson, 38, has had amblyopia and exophoria in his left eye 
since birth. The visual acuity in his right eye is 20/15 and in his 
left eye, 20/400. Following an examination in 2011, his optometrist 
noted, ``His vision and side vision is sufficient enough for him to 
drive commercially.'' Mr. Grayson reported that he has driven straight 
trucks for 9 years, accumulating 112,500 miles and tractor-trailer 
combinations for 10 years, accumulating 900,000 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.

Alan D. Harberts

    Mr. Harberts, 56, 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 2011, his optometrist 
noted, ``In my opinion, he has excellent visual skills, and is 
competent to perform driving tasks associated with commercial vehicle 
driving.'' Mr. Harberts reported that he has driven straight trucks for 
37 years, accumulating 462,500 miles and tractor-trailer combinations 
for 25 years, accumulating 187,500 miles. He holds a Class A CDL from 
Iowa. His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Smith Harry, Jr.

    Mr. Harry, 41, has a prosthetic right eye due to a traumatic injury 
sustained during childhood. The best corrected visual acuity in his 
left eye is 20/20. Following an examination in 2011, his optometrist 
noted, ``In my professional opinion, Mr. Smith has sufficient vision 
and central and peripheral visual fields OS to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Harry reported 
that he has driven straight trucks for 6 years, accumulating 480,000 
miles and tractor-trailer combinations for 6 years, accumulating 
480,000 miles. He holds a Class A CDL from North Carolina. 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).

Vincent A.R. Neal

    Mr. Neal, 50, has optic atrophy in his left eye due to trauma that 
occurred 15 to 20 years ago. 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 ophthalmologist noted, ``In addition, he 
should be able to perform his driving task without a problem.'' Mr. 
Neal reported that he has driven tractor-trailer combinations for 3 
years, accumulating 270,000 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.

Michael P. Passmore

    Mr. Passmore, 62, 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, 20/400. Following an examination in 2010, his 
optometrist noted, ``As the examining doctor, it is my professional 
opinion that Mr. Passmore has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Passmore reported 
that he has driven straight trucks for 3\1/2\ years, accumulating 
175,000 miles and tractor-trailer combinations for 3\1/2\ years, 
accumulating 35,000 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 L. Porsley

    Mr. Porsley, 54, has complete loss of vision in his left eye due to 
a traumatic injury sustained in 1971. The best corrected visual acuity 
in his right eye is 20/20. Following an examination in 2010, his 
optometrist noted, ``In my opinion, nothing has changed visually over 
the past thirty plus years. If he was visually safe to drive a 
commercial vehicle in the past, he still is today.'' Mr. Porsley 
reported that he has driven straight trucks for 30 years, accumulating 
540,000 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.

James B. Prunty

    Mr. Prunty, 40, 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 2011, his 
optometrist noted, ``In my medical opinion, Mr. Prunty's visual 
deficiency in the right eye does not make him unsafe for commercial 
vehicle

[[Page 25769]]

operation. I do believe that he is able to operate a commercial vehicle 
safely without glasses, for his uncorrected vision is 20/25 when using 
both eyes. Mr. Prunty reported that he has driven straight trucks for 4 
years, accumulating 96,000 miles. He holds a Class D operator's license 
from West Virginia. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Wendell S. Sehen

    Mr. Sehen, 46, has a prosthetic right eye due to trauma that 
occurred at the age of 4. The best corrected visual acuity in his left 
eye is 20/20. Following an examination in 2011, his optometrist noted, 
``In my medical opinion, Wendell Sehen has sufficient vision to perform 
the driving tasks to operate a commercial vehicle.'' Mr. Sehen reported 
that he has driven tractor-trailer combinations for 16 years, 
accumulating 560,000 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.

Gary E. Valentine

    Mr. Valentine, 60, has a prosthetic left eye due to an eye injury 
that occurred in 2007. The 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, ``From these results, I believe Mr. Valentine 
does have sufficient visual acuity, visual field, and color 
discrimination to safely operate a commercial vehicle.'' Mr. Valentine 
reported that he has driven straight trucks for 40 years, accumulating 
3.7 million miles and tractor-trailer combinations for 34 years, 
accumulating 3.5 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.

Charles Van Dyke

    Mr. Van Dyke, 64, has had amblyopia in his right eye since 
childhood. The best corrected visual acuity in his right eye is 20/100 
and in his left eye, 20/20. Following an examination in 2011, his 
optometrist noted, ``It is my medical opinion that Charles has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Van Dyke reported that he has driven straight 
trucks for 42 years, accumulating 2 million miles and tractor-trailer 
combinations for 2 years, accumulating 160,000 miles. He holds a Class 
A CDL from Wisconsin. 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 mph.

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 June 6, 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: April 22, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011-11014 Filed 5-4-11; 8:45 am]
BILLING CODE 4910-EX-P