[Federal Register Volume 76, Number 154 (Wednesday, August 10, 2011)]
[Notices]
[Pages 49528-49530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20297]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0142]


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 September 9, 2011.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2011-0142 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

[[Page 49529]]

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.'' 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

Stephan P. Adamczyk

    Mr. Adamczyk, age 49, 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, no light perception. Following an examination in 2011, 
his optometrist noted, ``Based on the results of my examination, I 
certify that in my medical opinion, Stephen P. Adamczyk has sufficient 
vision to perform the tasks required to operate a commercial vehicle.'' 
Mr. Adamczyk reported that he has driven straight trucks for 24 years, 
accumulating 1.3 million miles. He holds a Class C operator's license 
from Maine. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Shaun E. Burnett

    Mr. Burnett, 37, has had amblyopia in his left eye since childhood. 
The best corrected visual acuity in his right eye is 20/15 and in his 
left eye, 20/125. Following an examination in 2011, his optometrist 
noted, ``Once again, in my optometric opinion, Shaun is sufficiently 
capable of operating a commercial vehicle while performing the required 
tasks in his profession.'' Mr. Burnett reported that he has driven 
tractor-trailer combinations for 14 years, accumulating 1.4 million 
miles. He holds a Class A Commercial Driver's License (CDL) from Iowa. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Kevin W. Cannon

    Mr. Cannon, 41, has had glaucoma and severe loss of vision in his 
left eye due to glaucoma since 2008. 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, ``He has significant vision 
in my professional opinion to safely operate a commercial vehicle.'' 
Mr. Cannon reported that he has driven tractor-trailer combinations for 
19 years, accumulating 950,000 miles. He holds a Class A CDL from 
Kansas. 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 13 
miles per hour (mph).

Daniel W. Eynon

    Mr. Eynon, 49, has had a macular scar in his right eye due to an 
injury sustained in 1978. The best corrected visual acuity in his right 
eye is 20/160 and in his left eye, 20/20. Following an examination in 
2011, his ophthalmologist noted, ``In my medical opinion, the patient 
has sufficient vision to perform his driving tasks and to operate a 
commercial vehicle.'' Mr. Eynon reported that he has driven tractor-
trailer combinations for 28 years, accumulating 2.5 million miles. He 
holds a Class A CDL from Ohio. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Anton Filic

    Mr. Filic, 39, 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 optometrist 
noted, ``I, Bert Bubela, OD, certify that in my medical opinion Anton 
Filic has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Filic reported that he has driven 
straight trucks for 6 years, accumulating 480,000 miles and tractor-
trailer combinations for 6 years, accumulating 900,000 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.

Mark E. Geesner

    Mr. Gessner, 48, has been hyperopic in both of his eyes 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, ``In my professional medical opinion, Mr. Mark 
Gessner has more than sufficient vision to perform the driving tasks 
required in operating a commercial vehicle.'' Mr. Gessner reported that 
he has driven straight trucks for 10 years, accumulating 500,000 miles 
and tractor-trailer combinations for 11 years, accumulating 990,000 
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 obey a traffic signal.

Stephen A. Grieser

    Mr. Grieser, 60, has had amblyopia in his right eye since birth. 
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 optometrist noted, ``I am in agreement with Dr. Kim Powell that the 
K2 restriction be removed from his CDL license and that he be granted a 
CDL without restriction.'' Mr. Grieser reported that he has driven 
straight trucks for 32 years, accumulating 320,000 miles and tractor-
trailer combinations for 32 years, accumulating 448,000 miles. He holds 
a Class A CDL from Ohio. 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 mph.

Michael L. Harrison

    Mr. Harrison, 56, has had complete loss of vision in his left eye 
due an injury in 1971. The best corrected visual acuity in his right 
eye is 20/20. Following an examination in 2011, his optometrist noted, 
``Based on meeting your requirements, I believe he has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Harrison reported that he has driven straight trucks for 
1\1/2\ years, accumulating 124,500 miles, tractor-trailer combinations 
for 26 years, accumulating 2 million miles and buses for 1\1/2\ years, 
accumulating 76,500 miles. He holds a Class A CDL from Florida. 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 23 mph.

[[Page 49530]]

Dennis H. Heller

    Mr. Heller, 58, has had complete loss of vision in his left eye due 
to a traumatic incident in 1994. The best corrected visual acuity in 
his right eye is 20/25. Following an examination in 2011, his 
ophthalmologist noted, ``Mr. Heller describes commercial operation of 
trucks for many years and reports no trouble in their operation. I can 
see no reason from an ocular standpoint that his performance has 
changed over the years although of course he has no true stereopsis 
since the time of his accident.'' Mr. Heller reported that he has 
driven straight trucks for 42 years, accumulating 1.4 million miles and 
tractor trailer-combinations for 37 years, accumulating 111,000 miles. 
He holds a CDL Class A from Kansas. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Reginald J. Horner

    Mr. Horner, 70, has had ruptured globe in his right eye due to a 
traumatic injury he sustained in 2001. 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 ophthalmologist noted, ``In my 
opinion, Mr. Horner's condition should not preclude him from sufficient 
vision to perform driving tasks of a commercial vehicle.'' Mr. Horner 
reported that he has driven straight trucks for 16 years, accumulating 
9,600 miles. He holds a Class B CDL from New York. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Eric L. Kinner

    Mr. Kinner, 54, 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, ``This letter is to certify in my medical opinion, that Mr. 
Kinner has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Kinner reported that he has driven 
straight trucks for 9 years, accumulating 330,000 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.

Everett H. Logan

    Mr. Logan, 44, has had amblyopia in his right eye since childhood. 
The best corrected visual acuity in his right eye is 20/50 and in his 
left eye, 20/20. Following an examination in 2011, his optometrist 
noted, ``It is my opinion that Mr. Everett Logan has sufficient vision 
to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Logan reported that he has driven straight trucks for 3 
years, accumulating 150,000 miles and tractor-trailer combinations for 
19 years, accumulating 2.1 million miles. He holds a Class A CDL from 
Ohio. His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Robert E. Morgan, Jr.

    Mr. Morgan, 54, has a prosthetic right eye due to an injury he 
sustained as a child. The best corrected visual acuity in his left eye 
is 20/20. Following an examination in 2011, his optometrist noted, ``I 
feel that he is capable of safely operating a commercial vehicle.'' Mr. 
Morgan reported that he has driven straight trucks for 35 years, 
accumulating 525,000 miles. He holds a Class C operator's license from 
Georgia. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Jerry R. Orndorff

    Mr. Orndorff, 63, has had a macular hole in his right eye since 
2005. The best corrected visual acuity in his right eye 20/60 and in 
his left eye, 20/20. Following an examination in 2011, his 
ophthalmologist noted, ``My opinion is that he should be safe to drive 
with the vision he presently has.'' Mr. Orndorff reported that he has 
driven tractor-trailer combinations for 29 years, accumulating 1.7 
million miles. He holds a Class A CDL from West Virginia. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Gerald A. Pilarski

    Mr. Pilarski, 50, has had amblyopia in his right eye since 
childhood. The best corrected 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 opinion, he has sufficient vision to perform 
the driving tasks to operate a commercial vehicle safely.'' Mr. 
Pilarski reported that he has driven straight trucks for 15 years, 
accumulating 450,000 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.

Jason W. Rupp

    Mr. Rupp, 39, has had strabismic amblyopia in his left eye since 
childhood. The best corrected visual acuity in his right eye is 20/20 
and in his left eye, 20/150. Following an examination in 2011, his 
optometrist noted, ``In my opinion, Mr. Rupp has sufficient vision to 
perform the tasks required of a commercial driver.'' Mr. Rupp reported 
that he has driven tractor-trailer combinations for 6 years, 
accumulating 60,000 miles. He holds a Class C operator's license from 
Pennsylvania. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

John F. Zalar

    Mr. Zalar, 54, 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, count-finger vision. Following an examination in 2011, his 
optometrist noted, ``In my opinion, I feel this patient can perform all 
driving tasks required to operate a commercial vehicle.'' Mr. Zalar 
reported that he has driven tractor-trailer combinations for 33 years, 
accumulating 3.3 million miles. He holds a Class D operator's license 
from New York. 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.

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 September 9, 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: August 4, 2011.
Larry W. Minor,
Associate Administrator Office of Policy.
[FR Doc. 2011-20297 Filed 8-9-11; 8:45 am]
BILLING CODE 4910-EX-P