[Federal Register Volume 76, Number 131 (Friday, July 8, 2011)]
[Notices]
[Pages 40445-40447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17184]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0141]


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 9 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-2011-0141 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.

[[Page 40446]]


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.'' FMCSA can renew exemptions at the end of each 
2-year period. The 9 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

Joe M. Flores

    Mr. Flores, age 34, has had a macular hole in his left eye since 
2006. 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, ``Joe has sufficient vision peripherally in both eyes and 
centrally in his right eye to operate a commercial vehicle.'' Mr. 
Flores reported that he has driven tractor-trailer combinations for 4 
years, accumulating 180,000 miles. He holds a Commercial Driver's 
License (CDL) Class A from New Mexico. His driving record for the last 
3 years shows no crashes and no convictions for moving violations in a 
Commercial Motor Vehicle (CMV).

Matthew K. Hagge

    Mr. Hagge, 31, has had optic atrophy in his right eye since 2007 
due to multiple sclerosis. The visual acuity in his right eye is 20/250 
and in his left eye, 20/20. Following an examination in 2011, his 
ophthalmologist noted, ``Visual acuity fine for performing commercial 
vehicle driving.'' Mr. Hagge reported that he has driven straight 
trucks for 4 years, accumulating 20,000 miles and tractor-trailer 
combinations for 7 years, accumulating 420,000 miles. He holds a CDL 
Class A from North Dakota. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

James O. Howard

    Mr. Howard, 48, has had amblyopia in his left eye since age 6. 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 optometrist noted, 
``Mr. James Howard has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Howard reported that he 
has driven straight trucks for 14 years, accumulating 291,200 miles. He 
holds a Class C operator's license from California. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Ramon Melendez

    Mr. Melendez, 57, 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, ``certified by David Lichtenstain to have 
sufficient vision to operate a commercial vehicle and do driving 
tasks.'' Mr. Melendez reported that he has driven tractor-trailer 
combinations for 14 years, accumulating 1.1 million miles. He holds a 
Class A CDL from New Jersey. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Matthew D. Nelson

    Mr. Nelson, 27, has had refractive amblyopia in his left eye since 
birth. The best visual acuity in his right eye is 20/20 and in his left 
eye, 20/50. Following an examination in 2011, his optometrist noted, 
``Matthew's vision is sufficient to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Nelson reported that he has 
driven straight trucks for 3\1/2\ years, accumulating 56,000 miles. He 
holds a Class A CDL from Florida. His driving record for the last 3 
years shows no crashes, but one conviction for a moving violation in a 
CMV; failure to observe a stop sign.

Jesse A. Nosbush

    Mr. Nosbush, 31, has complete loss of vision in his left eye due to 
a work related accident in 1998. The visual acuity in his right eye is 
20/20. Following an examination in 2011, his optometrist noted, ``It is 
in my opinion that Jesse, even knowing that he has one eye, should not 
have any difficulty when it comes to operating a commercial motor 
vehicle.'' Mr. Nosbush reported that he has driven tractor-trailer 
combinations for 9 years, accumulating 495,000 miles. He holds a Class 
A CDL from Minnesota. His driving record for the last 3 years shows one 
crash, for which he was cited, and no convictions for moving violations 
in a CMV.

Richard E. Purvenas, Jr.

    Mr. Purvenas, 51, has a prosthetic left eye. The visual acuity in 
his right eye is 20/20. Following an examination in 2011, his 
optometrist noted, ``It is my understanding that Mr. Purvenas has 
maintained a safe driving record for many years and has always driven 
without having any vision in the left eye. Since it has always been 
non-existent, 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. Purvenas reported that he has driven 
buses for 5 years, accumulating 400,000 miles. He holds a Class D 
operator's license from Delaware. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Wilfred E. Sweatt

    Mr. Sweatt, 50, 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, 20/50. Following an examination in 2011, his optometrist 
noted, ``He has sufficient vision to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Sweatt reported that he has 
driven straight trucks for 8 years, accumulating 176,000 miles. He 
holds an operator's license from New Hampshire. His driving record for 
the last 3 years shows no crashes and no conviction for moving 
violations in a CMV.

Thomas L. Swatley

    Mr. Swatley, 55, 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, 20/50. Following an examination in 2011, his optometrist 
noted, ``Mr. Swatley appears to have stable visual function at the 
present time that is not an impediment to his operating commercial 
vehicles.'' Mr. Swatley reported that he has driven straight trucks for 
35 years, accumulating 1.1 million miles and tractor-trailer 
combinations for 3 years, accumulating 450,000 miles. He holds a Class 
A CDL from Tennessee. His driving record for the last 3 years shows

[[Page 40447]]

no crashes and no conviction 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.
[FR Doc. 2011-17184 Filed 7-7-11; 8:45 am]
BILLING CODE 4910-EX-P