[Federal Register Volume 76, Number 210 (Monday, October 31, 2011)]
[Notices]
[Pages 67248-67249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28039]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0276]


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 4 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 November 30, 2011.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2011-0276 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,

[[Page 67249]]

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.'' FMCSA can renew exemptions at the end of each 
2-year period. The 4 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

Tracey L. Butcher

    Mr. Butcher, age 39, has had central scotoma in his right eye due 
to a traumatic injury sustained as a child. The best corrected visual 
acuity in his right eye 20/3000 and in his left eye, 20/20. Following 
an examination in 2011, his optometrist noted, ``In my opinion, has 
sufficient vision to perform driving tasks required in the operation of 
a commercial vehicle.'' Mr. Butcher reported that he has driven 
straight trucks for 10 years, accumulating 650,000 miles and tractor-
trailer combinations for 13 years, accumulating 201,500 miles. He holds 
a Class A Commercial Driver's License (CDL) from Virginia. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Keith M. Calvert

    Mr. Calvert, 60, has had central scotoma in his left eye for the 
past 20 years. The best corrected visual acuity in his right eye 20/20 
and in his left eye, 20/200. Following an examination in 2011, his 
ophthalmologist noted, ``It is my opinion that he has sufficient vision 
with glasses to operate a commercial vehicle, I believe that his 
condition is stable.'' Mr. Calvert reported that he has driven straight 
trucks for 5 years, accumulating 750,000 miles, tractor-trailer 
combinations for 6 years, accumulating 1.6 million miles and buses for 
2 years, accumulating 100,000 miles. He holds a Class C operator's 
License from Alabama. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Terry G. Howard

    Mr. Howard, 44, has had refractive amblyopia in his left eye since 
birth. The best corrected visual acuity in his right eye 20/20 and in 
his left eye, 20/400. Following an examination in 2011, his optometrist 
noted, ``In my medical opinion, Terry Howard has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Howard reported that he has driven tractor-trailer combinations for 
4 years, accumulating 280,000 miles. He holds a Class D operator's 
license from Kentucky. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

David M. Taylor

    Mr. Taylor, 49, has a prosthetic left eye due to a traumatic injury 
since he was two years old. The best corrected visual acuity in his 
right eye 20/120. Following an examination in 2011, his optometrist 
noted, ``Dave has sufficient vision to perform the operation of 
commercial vehicles.'' Mr. Taylor reported that he has driven straight 
trucks for 6 years, accumulating 510,000 miles. He holds a Class A CDL 
from Missouri. 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 November 30, 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: October 17, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011-28039 Filed 10-28-11; 8:45 am]
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