[Federal Register Volume 76, Number 87 (Thursday, May 5, 2011)]
[Notices]
[Pages 25764-25766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11016]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0079]


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 14 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 June 6, 2011.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2011-0079 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

[[Page 25765]]

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 14 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

Jan M. Bernath

    Mr. Bernath, age 53, has no light perception in his right eye due 
to brain and ocular trauma that occurred in 1996. 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 optometrist noted, 
``My medical opinion is that this patient has sufficient vision 
function to perform the driving tasks required to operate a commerical 
vehicle.'' Mr. Bernath reported that he has driven straight trucks for 
30 years, accumulating 180,000 miles and tractor-trailer combinations 
for 25 years, accumulating 125,000 miles. He holds a Class A Commercial 
Driver's License (CDL) from Ohio. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Jason M. Birrenkott

    Mr. Birrenkot, 38, has had ectopia lentis with cataract 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 2010, his optometrist noted, ``I certify, in my medical 
opinion, that Mr. Birrenkott has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. 
Birrenkott reported that he has driven straight trucks for 9 years, 
accumulating 162,000 miles. He holds a Class D operator's license from 
North Dakota. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

John E. Edler, lll

    Mr. Edler, 50, has had a retinal scar in his right eye since 1979. 
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, ``It is my understanding that Mr. Edler has maintained a safe 
driving record for many years and has always driven with the visual 
disability of the right eye. Since it has always been present, he has 
functioned well, and his peripheral visual acuity is excellent. There 
is no reason to believe that he cannot continue to operate commercial 
vehicles.'' Mr. Edler reported that he has driven straight trucks for 
31 years, accumulating 77,500 miles and tractor-trailer combinations 
for 29 years, accumulating 232,000 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.

Saul E. Fierro

    Mr. Fierro, 37, has a macular scar in his left eye due to a 
traumatic injury sustained as a child. 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 opinion, I believe 
that Saul has sufficient vision to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Fierro reported that he has 
driven straight trucks for 4 years, accumulating 57,600 miles. He holds 
a Class D operator's license from Arizona. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Mark T. Gileau

    Mr. Gileau, 44, has had amblyopia in his right eye since childhood. 
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 ophthalmologist noted, ``Mr. Gileau has been driving commercial 
vehicles for a number of years with his present level of vision without 
incident and because of this I feel he has sufficient vision to perform 
driving tasks required to operate a commercial vehicle.'' Mr. Gileau 
reported that he has driven tractor-trailer combinations for 20 years, 
accumulating 240,000 miles. He holds a Class A CDL from Connecticut. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Peter D. Gouge

    Mr. Gouge, 60, has a macular scar in his left eye due to a 
traumatic injury that occurred in 1976. The best corrected 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, ``I, 
Karen Anderson certify in my medical opinion is that Mr. Peter Gouge 
has sufficient vision function to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Gouge reported that he has driven 
straight trucks for 27 years, accumulating 21,600 miles and tractor-
trailer combinations for 27 years, accumulating 1.2 million miles. He 
holds a Class A CDL from Iowa. 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 Miles Per Hour (MPH).

[[Page 25766]]

Thomas M. Harris

    Mr. Harris, 59, 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, 20/100. Following an examination in 2010, his optometrist noted, 
``Tom unquestionably has the acuity, field, and perceptual skills to 
perform commercial driving tasks as he has been conducting for many 
years.'' Mr. Harris reported that he has driven straight trucks for 13 
years, accumulating 507,000 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.

Paul M. Hinkson

    Mr. Hinkson, 43, has complete loss of vision in his right eye since 
childhood. The best corrected visual acuity in his left eye is 20/20. 
Following an examination in 2010, his optometrist noted, ``Mr. Hinkson 
is fully capable of performing all vision tasks required to operate a 
commercial motor vehicle in interstate commerce.'' Mr. Hinkson reported 
that he has driven straight trucks for 16 years, accumulating 320,000 
miles. He holds a Class A CDL from Tennessee. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Lyle H. Lightner

    Mr. Lightner, 60, has loss of vision in his left eye due to a 
traumatic injury sustained at age 3. 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, ``In summary, 
Mr. Lightner's visual condition is stable and is sufficient to perform 
required commerical driving tasks.'' Mr. Lightner reported that he has 
driven straight trucks for 40 years, accumulating 1.6 million miles. He 
holds a Class C Chauffeur's license from Michigan. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Ellie L. Murphree

    Mr. Murphree, 69, has had central retinal atrophy in his right eye 
since 2007. 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, ``Therefore, in my medical opinion, Mr. Murphree has 
sufficient vision to perform driving tasks required to operate a 
commercial vehicle as he has done successfully since at least 2007 and 
prior.'' Mr. Murphree reported that he has driven tractor-trailer 
combinations for 50 years, accumulating 5.3 millon 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.

Claude S. Overstreet

    Mr. Overstreet, 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, 20/80. Following an examination in 2010, his 
optometrist noted, ``In my medical opinion, Claude Overstreet has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Overstreet reported that he has driven 
straight trucks for 26 years, accumulating 910,000 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.

James F. Partin

    Mr. Partin, 67, has no light perception in his left eye due to a 
traumatic injury since childhood. The best corrected visual acuity in 
his right eye is 20/20 and in his left eye, no light perception. 
Following an examination in 2010, his optometrist noted, ``Mr. Partin 
has sufficient vision in his right eye to operate a commercial vehicle 
with no restrictions.'' Mr. Partin reported that he has driven straight 
trucks for 46 years, accumulating 920,000 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.

Kevin W. Van Arsdol

    Mr. Van Arsdol, 48, has congenital glaucoma in his right eye. The 
best corrected visual acuity in his left eye, 20/20. Following an 
examination in 2011, his optometrist noted, ``Since this condition has 
been present and unchanged since birth, and considering Kevin has 
safely mantained a commercial license for more than 20 years, I believe 
he has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle''. Mr. Van Arsdol reported that he has 
driven straight trucks for 1 year accumulating 140,000 miles and 
tractor-trailer combinations for 26 years accumulating 2 million miles. 
He holds a Class A CDL from Colorado. His driving record for the last 3 
years shows no crashes but three convictions for speeding in a CMV. In 
the first incident, he exceeded the speed limit by 9 MPH, in the second 
incident, he exceeded the speed limit by 12 MPH and in the third 
incident, he exceeded the speed limit by 5 MPH.

Harlon C. VanBlaricom

    Mr. VanBlaricom, 51, has only light perception out of his left eye 
due to a traumatic injury sustained at age 5. The best corrected visual 
acuity in his right eye is 20/20 and in his left eye, light perception 
only. Following an examination in 2010, his optometrist noted, ``It is 
my opinion that Harlon has sufficient vision needed to operate a 
commercial vehicle.'' Mr. VanBlaricom reported that he has driven 
tractor-trailer combinations for 30 years, accumulating 1.5 million 
miles. He holds a Class A CDL from Minnesota. 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 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. 2011-11016 Filed 5-4-11; 8:45 am]
BILLING CODE 4910-EX-P