[Federal Register Volume 76, Number 122 (Friday, June 24, 2011)]
[Notices]
[Pages 37169-37171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15928]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0140]


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 17 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 July 25, 2011.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2011-0140 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: Elaine M. Papp, Chief, 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.''

[[Page 37170]]

FMCSA can renew exemptions at the end of each 2-year period. The 17 
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

Danny F. Burnley

    Mr. Burnley, age 49, has loss of vision in his right eye due to a 
traumatic injury that occurred during his late teens or early twenties. 
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, ``Based upon my findings and medical expertise, I Jamison J. 
Heffron, O.D. hereby certify Danny Burnley to be visually able to 
safely operate a commercial motor vehicle.'' Mr. Burnley reported that 
he has driven straight trucks for 3 years, accumulating 6,000 miles and 
tractor-trailer combinations for 3 years, accumulating 6,000 miles. He 
holds a Class A Commercial Driver's License (CDL) from Kentucky. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Bruce A. Cameron

    Mr. Cameron, 58, has had a branch retinal vein occlusion in his 
left eye since 2005. The best corrected visual acuity in his right eye 
is 20/20 and in his left eye, count-finger vision. Following an 
examination in 2011, his optometrist noted, ``In my opinion, Mr. 
Cameron has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Cameron reported that he has driven 
straight trucks for 45 years, accumulating 225,000 miles and tractor-
trailer combinations for 30 years, accumulating 150,000 miles. He holds 
a Class A CDL from North Dakota. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Charles E. Carter

    Mr. Carter, 54, has complete loss of vision in his left eye due to 
a traumatic injury sustained in 1992. The best corrected visual acuity 
in his right eye is 20/20. Following an examination in 2011, his 
optometrist noted, ``In my own opinion, Charles has sufficient vision 
to perform driving tasks required to operate a commercial vehicle.'' 
Mr. Carter reported that he has driven tractor-trailer combinations for 
5 years, accumulating 360,000 miles. He holds a Class A CDL from 
Michigan. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Ronald J. Claud

    Mr. Claud, 65, has had retinal scarring in his left eye due to a 
traumatic injury since 1962. The best corrected visual acuity in his 
right eye is 20/20 and in his left eye, 3/180. Following an examination 
in 2011, his optometrist noted, ``I do not see any reason why he cannot 
obtain a commercial vehicle drivers license.'' Mr. Claud reported that 
he has driven straight trucks for 40 years, accumulating 200,000 miles 
and tractor-trailer combinations for 28 years, accumulating 168,000 
miles. He holds a Class C 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.

Stewart K. Clayton

    Mr. Clayton, 50, has had inferior retinal coloboma 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 2010, his 
optometrist noted, ``Mr. Clayton has sufficient vision to perform 
driving tasks required to operate a commercial vehicle.'' Mr. Clayton 
reported that he has driven straight trucks for 31 years, accumulating 
744,000 miles and tractor-trailer combinations for 31 years, 
accumulating 744,000 miles. He holds a Class A CDL from Texas. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Sean R. Conorman

    Mr. Conorman, 40, 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, 20/200. Following an examination in 2011, his 
ophthalmologist noted, ``In my opinion, patient has sufficient vision 
to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Conorman reported that he has driven straight trucks for 
5.9 years, accumulating 236,000 miles and tractor-trailer combinations 
for 5.6 years, accumulating 280,000 miles. He holds a Class A CDL from 
Michigan. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Jackie R. Frederick

    Mr. Frederick, 61, has had amblyopia in his right eye since 
childhood. The best corrected visual acuity in his right eye is 20/70 
and in his left eye, 20/20. Following an examination in 2011, his 
optometrist noted, ``In my opinion, his vision is sufficient to perform 
the driving tasks required for operating a commercial vehicle.'' Mr. 
Frederick reported that he has driven straight trucks for 15 years, 
accumulating 240,000 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.

Robert E. Graves

    Mr. Graves, 42, has a prosthetic right eye due to a traumatic 
injury since age 3. The best corrected visual acuity in his left eye is 
20/15. Following an examination in 2011, his optometrist noted, ``He 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Graves reported that he has driven straight 
trucks for 24 years, accumulating 48,000 miles and driven tractor-
trailer combinations for 22 years, accumulating 440,000 miles. He holds 
a Class A CDL from Nebraska. 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

Brian P. Millard

    Mr. Millard, 38, 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 2011, his ophthalmologist 
noted, ``Based on recent examinations, patient has sufficient vision to 
operate a commercial vehicle.'' Mr. Millard reported that he has driven 
straight trucks for 17 years, accumulating 1.3 million miles. He holds 
a Class B CDL from North Carolina. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Steven D. Nash

    Mr. Nash, 56, has had histoplasmosis in his left eye since birth. 
The visual acuity in his right eye is 20/20 and in his left eye, 20/
450. Following an examination in 2011, his optometrist noted, ``I feel 
that Mr. Nash has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Nash reported that he 
has driven straight trucks for 20 years, accumulating 900,000 miles. He 
holds a Class A CDL from Iowa. His driving

[[Page 37171]]

record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Merle M. Price

    Mr. Price, 56, has a prosthetic right eye due to a traumatic injury 
that occurred 36 years ago. The visual acuity in his left eye is 20/20. 
Following an examination in 2011, his optometrist noted, ``I certify 
that Mr. Price demonstrates that he has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. Price 
reported that he has driven straight trucks for 5 years, accumulating 
25,000 miles and tractor-trailer combinations for 20 years, 
accumulating 500,000 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.

Terrence F. Ryan

    Mr. Ryan, 49, 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, 20/50. Following an examination in 2011, his 
optometrist noted, ``I certify in my medical opinion that Terrence Ryan 
has sufficient vision to operate a commercial vehicle.'' Mr. Ryan 
reported that he has driven straight trucks for 12 years, accumulating 
600,000 miles and tractor-trailer combinations for 14 years, 
accumulating 1.1 million miles. He holds a Class A CDL from Florida. 
His driving record for the last 3 years shows one crash for which he 
was not cited, and no convictions for moving violations in a CMV.

Kirby R. Sands

    Mr. Sands, 49, has had a cornea scar in his right eye, due to a 
traumatic injury sustained at age 9. The best corrected visual acuity 
in his right eye is hand motion vision and in his left eye, 20/15. 
Following an examination in 2011, his optometrist noted, ``My 
conclusion is that Kirby Sands is qualified to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Sands reported 
that he has driven straight trucks for 5 years, accumulating 128,000 
miles and tractor-trailer combinations for 15 years, accumulating 1.8 
million miles. He holds a Class A CDL from Iowa. His driving record for 
the last 3 years shows no crashes and not convictions for moving 
violations in a CMV.

Dennis W. Stubrich

    Mr. Stubrich, 57, has had Eales' disease in his right eye since 
1984. 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 
ophthalmologist noted, ``In my opinion, Mr. Stubrich's vision is 
sufficient to perform driving tasks required to operate commercial 
vehicles.'' Mr. Stubrich reported that he has driven straight trucks 
for 26 years, accumulating 1.7 million miles and tractor-trailer 
combinations for 5 years, accumulating 72,000 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.

Stephen W. Verrette

    Mr. Verrette, 44, has had cataract in his right eye due to a 
traumatic injury sustained at age 10. The best corrected visual acuity 
in his right eye is 20/150 and in his left eye, 20/20. Following an 
examination in 2011, his optometrist noted, ``In light of this, I feel 
Steve can safely perform driving tasks necessary to operate a 
commercial motor vehicle.'' Mr. Verrette reported that he has driven 
straight trucks for 25 years, accumulating 75,000 miles. He holds a 
Class A CDL from Michigan. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Joseph A. Wells

    Mr. Wells, 46, had a corneal transplantation in the 1990s and 
retinal detachment repair in 2009 due to a prior history of trauma in 
his right eye. The best corrected visual acuity in his right eye is 20/
70 and in his left eye, 20/20. Following an examination in 2011, his 
ophthalmologist noted, ``I believe based on the clinical examination, 
he is capable of operating commercial motor vehicles without 
difficulty.'' Mr. Wells reported that he has driven straight trucks for 
25 years, accumulating 1.2 million miles. He holds a Class A CDL from 
Illinois. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Leslie H. Wylie

    Mr. Wylie, 55, has loss of vision in his right eye due to a 
traumatic injury sustained in 1985. 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 ophthalmologist noted, as long as he meets the 
criteria in regard to his visual field for operation of a commercial 
vehicle, I see no problems with his operation of a commercial 
vehicle.'' Mr. Wylie reported that he has driven straight trucks for 17 
years, accumulating 3,400 miles and tractor-trailer combinations for 17 
years, accumulating 3,400 miles. He holds a Class D operator's license 
from Idaho. 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 July 25, 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: June 17, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011-15928 Filed 6-23-11; 8:45 am]
BILLING CODE 4910-EX-P