[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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