[Federal Register Volume 76, Number 173 (Wednesday, September 7, 2011)]
[Notices]
[Pages 55465-55467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22757]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0189]


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 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 October 7, 2011.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2011-0189 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:

[[Page 55466]]

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

Darrell G. Anthony

    Mr. Anthony, age 64, had an enucleation of his left eye due to a 
traumatic injury that he sustained in 1952. The best corrected visual 
acuity in his right eye is 20/20. Following an examination in 2011, his 
optometrist noted, ``I believe that this patient has the visual 
capacity to operate a commercial vehicle.'' Mr. Anthony reported that 
he has driven straight trucks for 47 years, accumulating 4,700 miles 
and tractor-trailer combinations for 47 years, accumulating 3.3 million 
miles. He holds a Class A Commercial Driver's License (CDL) from Texas. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a Commercial Motor Vehicle (CMV).

Jerry W. Branning

    Mr. Branning, 66, has a prosthetic left eye due to a traumatic 
injury that occurred in 1983. The best corrected visual acuity in his 
right eye is 20/20. Following an examination in 2011, his optometrist 
noted, ``In my opinion this patient has the ability to operate a 
commercial vehicle.'' Mr. Branning reported that he has driven straight 
trucks for 20 years, accumulating 2 million miles and tractor-trailer 
combinations for 28 years, accumulating 3.6 million miles. He holds a 
Class A CDL from Texas. 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.

Stacey J. Buckingham

    Mr. Buckingham, 43, has a prosthetic left eye due to a traumatic 
injury that occurred more than 25 years ago. The best corrected visual 
acuity in his right eye is 20/15. Following an examination in 2011, his 
optometrist noted, ``He has sufficient vision required to operate a 
commercial vehicle.'' Mr. Buckingham reported that he has driven 
straight trucks for 18 years, accumulating 553,000 miles and tractor-
trailer combinations for 18 years, accumulating 553,000 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.

Gary E. Butler

    Mr. Butler, 58, has had complete loss of vision in his right eye 
due to a traumatic injury sustained more than 4\1/2\ years ago. The 
best corrected visual acuity in his left eye is 20/20. Following an 
examination in 2011, his optometrist noted, ``I do believe his vision 
is sufficient to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Butler reported that he has driven straight 
trucks for 40 years, accumulating 2 million miles. Within this 40 year 
time frame, he has also driven tractor-trailer combinations 
accumulating 2 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.

Ronnie J. Fieck

    Mr. Fieck, 44, has had macular scarring and glaucoma in his left 
eye since 2008. 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 medical opinion, Ronald has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Fieck reported that he has driven straight 
trucks for 9 years, accumulating 46,800 miles. He holds a Class D 
operator's license from Wisconsin. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

James E. Knarr, Sr.

    Mr. Knarr, 67, has loss of vision in his left eye due to a corneal 
transplant in 2006. 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 ophthalmologist noted, ``I certify in my medical opinion that the 
patient has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle, consistent with the laws and regulation 
of DOT guidelines.'' Mr. Knarr reported that he has driven tractor-
trailer combinations for 41 years, accumulating 4.2 million 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.

Michael A. Lawson

    Mr. Lawson, 47, has had retinal and iris coloboma in his left eye 
since birth. The best corrected visual acuity in his right eye is 20/20 
and in his left eye, 20/315. Following an examination in 2011, his 
optometrist noted, ``He has sufficient vision to operate a commercial 
vehicle.'' Mr. Lawson reported that he has driven straight trucks for 
10 years, accumulating 5,000 miles and tractor-trailer combinations for 
5 years, accumulating 75,000 miles. He holds a Class A CDL from 
Kentucky. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Thomas J. Malama

    Mr. Malama, 55, has a prosthetic left eye due to a traumatic injury 
sustained in 1985. The best corrected visual acuity in his right eye is 
20/15. Following an examination in 2011, his optometrist noted, ``In my 
professional opinion, he has sufficient vision and has already 
demonstrated his ability to perform his driving duties adequately.'' 
Mr. Malama reported that he has driven straight trucks for 33 years, 
accumulating 634,000 miles. He holds a Class C operator's license from 
Michigan. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Jeffrey A. Mueller

    Mr. Mueller, 55, has had amblyopia in his right eye since 
childhood. The best corrected visual acuity in his right eye is 20/100 
and in his left eye, 20/20. Following an examination in 2011, his 
optometrist noted, ``It is my opinion that Mr. Mueller has sufficient 
vision to perform the tasks required to operate a CMV.'' Mr. Mueller 
reported that he has driven tractor-trailer combinations for 22 years, 
accumulating 2.5 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.

Harold L. Pearsall

    Mr. Pearsall, 54, has had amblyopia in his right eye since 
childhood. The best corrected visual acuity in his right eye is 20/100 
and in his left eye, 20/25. Following an examination in 2011, his 
optometrist noted, ``In my medical opinion, he has sufficient vision to 
perform driving tasks required to operate a commercial vehicle.'' Mr.

[[Page 55467]]

Pearsall reported that he has driven straight trucks for 15 months, 
accumulating 24,000 miles and tractor-trailer combinations for 8 years, 
accumulating 205,000 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.

Phillip M. Pridgen, Sr.

    Mr. Pridgen, 55, has had optic atrophy in his left eye since 1991. 
The best corrected visual acuity in his right eye is 20/20 and in his 
left eye, light perception. Following an examination in 2011, his 
optometrist noted, ``It is my medical opinion that Mr. Pridgen has 
sufficient vision to operate a commercial vehicle.'' Mr. Pridgen 
reported that he has driven straight trucks for 2 months, accumulating 
12,000 miles and tractor-trailer combinations for 5 years, accumulating 
100,000 miles. He holds a Class A CDL from Maryland. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Eric W. Schmidt

    Mr. Schmidt, 47, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/20 and in his left eye, 20/
150. Following an examination in 2011, his ophthalmologist noted, 
``Once again it is my medical opinion that Mr. Schmidt has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Schmidt reported that he has driven straight trucks for 
10 years, accumulating 250,000 miles. He holds a Class E operator's 
license from Missouri. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Gerald D. Stidham

    Mr. Stidham, 49, has a prosthetic right eye due to a traumatic 
injury that occurred in 2004. The best corrected visual acuity in his 
left eye is 20/20. Following an examination in 2011, his 
ophthalmologist noted, ``It is my opinion, that Mr. Stidham has 
sufficient vision to perform the driving tasks that are required of 
him, including the operation of commercial vehicles.'' Mr. Stidham 
reported that he has driven straight trucks for 20 years, accumulating 
260,000 miles and tractor-trailer combinations for 6 years, 
accumulating 156,000 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.

Douglas A. Suraci

    Mr. Suraci, 47, has had optic neuropathy and retinal damage in his 
right eye due to a traumatic injury he sustained in 2004. 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 ophthalmologist noted, 
``In my opinion, his fields and eye exam show that he is safe for 
driving a CMV.'' Mr. Suraci reported that he has driven straight trucks 
for 17 years, accumulating 3.4 million miles. He holds a Class D 
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.

Michael L. Watters, Sr.

    Mr. Watters, 56, has had complete loss of vision in his right eye 
due to a traumatic injury sustained in 2004. The visual acuity in his 
left eye is 20/25. Following an examination in 2011, his 
ophthalmologist noted, ``In my medical opinion, Mr. Watters has 
sufficient vision to perform driving tasks required to operate a 
commercial vehicle.'' Mr. Watters reported that he has driven tractor-
trailer combinations for 10 years, accumulating 1.14 million miles and 
buses for 1 year, accumulating 3,060 miles. He holds a Class A CDL from 
Pennsylvania. His driving record for the last 3 years shows no crashes 
but two convictions for speeding in a CMV and failing to yield the 
right of way. He exceeded the speed limit by 5 mph.

Keith Wentz

    Mr. Wentz, 60, has had a macular scar in his right eye due to 
radiation treatment since 2002. The best corrected visual acuity in his 
left eye is 20/20 and in his right eye count-finger vision. Following 
an examination in 2011, his ophthalmologist noted, ``I feel, in my 
medical opinion, that he has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Wentz reported 
that he has driven straight trucks for 5 years, accumulating 125,000 
miles and tractor-trailer combinations for 28 years, accumulating 1.4 
million 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.

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 October 7, 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 29, 2011.
Larry W. Minor,
Associate Administrator, Office of Policy.
[FR Doc. 2011-22757 Filed 9-6-11; 8:45 am]
BILLING CODE 4910-EX-P