[Federal Register Volume 76, Number 131 (Friday, July 8, 2011)]
[Notices]
[Pages 40443-40445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17183]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0102]


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 16 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 August 8, 2011.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2011-0102 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 acknowldgment 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 16 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

Stanley C. Anders

    Mr. Anders, age 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 2011, his 
optometrist noted, ``His right eye provides the necessary vision for 
him to perform the driving task of operating a commercial vehicle.'' 
Mr. Anders reported that he has driven tractor-trailer combinations for 
38 years, accumulating 2.7 million miles. He holds a Class A Commercial 
Driver's License (CDL) from South Dakota. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Joel A. Cabrera

    Mr. Cabrera, 31, has a prosthetic left eye due to retinoblastoma 
that occurred at age 2. The corrected visual acuity in his right eye is 
20/15 and in his left eye, no light perception. Following an 
examination in 2011, his optometrist noted, ``On the basis of my 
clinical observations, Joel meets all the visual requirements to drive 
a commercial vehicle.'' Mr. Cabrera reported that he has driven 
tractor-trailer combinations for 3 years, 63,000 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.

Sherman W. Clapper

    Mr. Clapper, 50, 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, 20/20. Following an examination in

[[Page 40444]]

2011, his ophthalmologist noted, ``He should have sufficient vision to 
perform his tasks as a commercial driver.'' Mr. Clapper reported that 
he has driven straight trucks for 15 years, accumulating 7,500 miles 
and tractor-trailer combinations for 4 years, accumulating 400 miles. 
He holds a Class A CDL from Idaho. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Eric C. Esplin

    Mr. Esplin, 46, has loss of vision in his right eye due to a 
traumatic injury that occurred in 1994. The best corrected visual 
acuity in his right eye is hand motion vision and in his left eye, 20/
20. Following an examination in 2011, his optometrist noted, ``It is my 
opinion that Eric has adapted well to the loss of sensitivity in that 
right eye and is capable of maintaining commercial driver's license 
privileges.'' Mr. Esplin reported that he has driven straight trucks 
for 30 years, accumulating 180,000 miles and tractor-trailer 
combinations for 26 years, accumulating 260,000 miles. He holds a Class 
A CDL from Utah. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Ronald R. Fournier

    Mr. Fournier, 52, has amblyopia in his right eye due to 
anisometropia since birth. 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, ``It is my opinion, Ronald Fournier has 
sufficient vision to perfrom the driving tasks requried to operate a 
commercial vehicle.'' Mr. Fournier reported that he has driven straight 
trucks for 28 years, accumulating 154,000 miles and tractor-trailer 
combinations for 19 years, accumulating 104,500 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.

Ronald D. Jackman, II

    Mr. Jackman, 44, has had ambylopia in his right eye since 
childhood. The visual acuity in his right eye is 20/50 and in his left 
eye, 20/20. Following an examination in 2011, his optometrist noted, 
``In my medical opinion, this patient has adequate vision to operate a 
commercial vehicle.'' Mr. Jackman reported that he has driven straight 
trucks for 22 years, accumulating 286,000 miles and tractor-trailer 
combinations for 22 years, accumulating 286,000 miles. He holds a Class 
A CDL from Nevada. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Thomas W. Kent

    Mr. Kent, 53, has central scotoma in his left eye due to a 
traumatic injury sustained in 1982. The visual acuity in his right eye 
is 20/20 and in his left eye, hand motion vision. Following an 
examination in 2011, his optometrist noted, ``My medical opinion is 
that the patient does have adequate vision to perfrom the driving tasks 
requried to operate a commercial vehicle.'' Mr. Kent reported that he 
has driven straight trucks for 32 years, accumulating 960,000 miles and 
tractor-trailer combinations for 10 years, accumulating 200,000 miles. 
He holds an 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.

Brian L. Keszler

    Mr. Keszler, 33, 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, 20/70. Following an examination in 2011, his optometrist 
noted, ``It is my professional opinion that Mr. Keszler has sufficient 
vision to perform the driving tasks required to operate a commerical 
vehicle, considering the requirements are fulfilled of wearing glasses 
at all times and using a working, correctly adjusted left/driver's side 
mirror required at all times.'' Mr. Keszler reported that he has driven 
straight trucks for 15 years, accumulating 150,600 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.

Gerald Kortesmaki

    Mr. Kortesmaki, 48, has a congenital cataract in his left eye. The 
best corrected visual acuity in his right eye is 20/20 and in his left 
eye, 20/50. Following an examination in 2010, his optomerist noted, 
``It is my opinion that Mr. Kortesmaki has sufficient vision to operate 
a commercial vehicle.'' Mr. Kortesmaki reported that he has driven 
straight trucks for 32 years, accumulating 640,000 miles. He holds a 
Class D operator's license from Minnesota. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Craig C. Lowry

    Mr. Lowry, 39, has loss of vision in his right eye due to a retinal 
detachment that occurred in 2006. The visual acuity in his right eye is 
20/200 and in his left eye, 20/20. Following an examination in 2010, 
his optometrist noted, ``I believe Craig has sufficient vision to 
perfrom the driving tasks requried to operate a commercial vehicle.'' 
Mr. Lowry reported that he has driven straight trucks for 11 years, 
accumulating 440,000 miles and tractor-trailer combinations for 17 
years, accumulating 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.

Robert J. MacInnis

    Mr. MacInnis, 58, has had amblyopia in his right eye since birth. 
The best corrected visual acuity in his right eye is 20/50 and in his 
left eye, 20/20. Following an examination in 2010, his optometrist 
noted, ``His vision is stable and sufficient to perform the driving 
tasks requried to operate a commercial motor vehicle.'' Mr. MacInnis 
reported that he has driven straight trucks for 5 years, accumulating 
13,500 miles and tractor-trailer combinations for 21 years, 
accumulating 2 million miles. He holds a Class A CDL from 
Massachusetts. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Gordon S. Newman

    Mr. Newman, 50, has no light perception in his left eye due to a 
traumatic injury that occurred eight years ago. The best corrected 
visual acuity in his right eye is 20/200 and in his left eye, no light 
perception. Following an examination in 2010, his optometrist noted, 
``In my medical opinion, Mr. Newman has sufficient vision to perform 
the driving tasks required of him.'' Mr. Newman reported that he has 
driven straight trucks for 18 years, accumulating 270,000 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.

Adolph L. Romero

    Mr. Romero, 48, has had refractive amblyopia in his left eye since 
childhood. The visual acuity in his right eye is 20/20 and in his left 
eye, 20/80. Following an examination in 2011, his ophthalmologist 
noted, ``I certify that in my medical opinion the patient's visual 
acuity is adequate for both daylight and nighttime driving and the 
visual acuity is sufficient to perform the driving tasks

[[Page 40445]]

required to operate a commercial vehicle.'' Mr. Romero reported that he 
has driven straight trucks for 25 years, accumulating 112,500 miles and 
tractor-trailer combinations for 10 years, accumulating 20,000 miles. 
He holds a Class E operator's license from Florida. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Rodney W. Sukalski

    Mr. Sukalski, 54, has had amblyopia in his right eye since 
childhood. The best corrected visual acuity in his right eye is 20/200 
and in his left eye, 20/15. Following an examination in 2010, his 
optometrist noted, ``Yes, in my opinion I feel that Rodney Sukalski has 
adequate vision to drive a commercial vehicle.'' Mr. Sukalski reported 
that he has driven straight trucks for 15 years, accumulating 45,000 
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.

Sherman W. Clapper

    Mr. Clapper, 50, 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, 20/20. Following an examination in 
2011, his ophthalmologist noted, ``He should have sufficient vision to 
perform his tasks as a commercial driver''. Mr. Clapper reported that 
he has driven straight trucks for 15 years, accumulating 7,500 miles 
and tractor-trailer combinations for 4 years, accumulating 400 miles. 
He holds a Class A CDL from Idaho. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Larry D. Warneke

    Mr. Warneke, 49, has had exotropia and ambylopia in his left eye 
since birth. The visual acuity in his right eye is 20/15 and in his 
left eye, 20/200. Following an examination in 2011, his optometrist 
noted, ``It is my opinion that this man has sufficient vision to drive 
as he has proved within Washington State since 1987 when driving 
commercial vehicles.'' Mr. Warneke reported that he has driven straight 
trucks for 20 years, accumulating 800,000 miles and tractor-trailer 
combinations for 23 years, accumulating 115,000 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.

Lonnie D. Wendinger

    Mr. Wendinger, 56, has had retinal scars in both eyes due to 
toxoplasmosis since birth. The best corrected visual acuity in his 
right eye is 20/20 and in his left eye, 20/70. Following an examination 
in 2010, his optometrist noted, ``In my medical opinion, Lonnie has 
sufficient vision to perform the driving tasks necessary to operate the 
commercial vehicle.'' Mr. Wendinger reported that he has driven 
straight trucks for 40 years, accumulating 1 million miles and tractor-
trailer combinations for 20 years, accumulating 600,000 miles. He holds 
a Class A CDL 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 August 8, 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 29, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011-17183 Filed 7-7-11; 8:45 am]
BILLING CODE 4910-EX-P