[Federal Register Volume 76, Number 218 (Thursday, November 10, 2011)]
[Notices]
[Pages 70213-70215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29160]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0298]


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 7 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 requirement.

DATES: Comments must be received on or before December 12, 2011.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2011-0298 using any of the 
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online 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

[[Page 70214]]

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 online.
    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 Division, (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 7 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

Adam O. Carson

    Mr. Carson, age 29, has had retinopathy in his left eye since 
birth. The best corrected visual acuity in his right eye 20/30 and in 
his left eye, light perception. Following an examination in 2011, his 
ophthalmologist noted, ``I believe that his vision is sufficient to 
perform his driving tasks required to operate a commercial vehicle.'' 
Mr. Carson reported that he has driven straight trucks for 9.4 years, 
accumulating 18,800 miles. He holds a Class D operator's license from 
Mississippi. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Michael P. Eisenreich

    Mr. Eisenreich, 47, has a prosthetic left eye due to a traumatic 
injury sustained in 1984. The best corrected visual acuity in his right 
eye 20/20. Following an examination in 2011, his optometrist noted, ``I 
certify that in my opinion that he can safely perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Eisenreich reported 
that he has driven tractor-trailer combinations for 5 years, 
accumulating 195,000 miles. He holds a Class A Commercial Driver's 
License (CDL) from Minnesota. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Carlton G. Frank

    Mr. Frank, 49, has had central scarring in his left eye since 2006. 
The best corrected visual acuity in his right eye 20/15 and in his left 
eye, 20/60. Following an examination in 2011, his optometrist noted, 
``In summary, Mr. Frank's condition remains stable, and he has 
sufficient vision to perform driving tasks required to operate a 
commercial vehicle.'' Mr. Frank reported that he has driven buses for 3 
years, accumulating 66,000 miles. He holds a Class B CDL from Florida. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Roger W. Hammock

    Mr. Hammock, 43, has had amblyopia in his right eye since 
childhood. The best corrected visual acuity in his right eye 20/70 and 
in his left eye, 20/20. Following an examination in 2011, his 
optometrist noted, ``In my medical opinion, Roger Hammock has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Hammock reported that he has driven straight 
trucks for 17 years, accumulating 601,120 miles. He holds a Class D 
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.

John T. Thor

    Mr. Thor, 70, has had malignant melanoma in his right eye since the 
mid 1990's. The best corrected visual acuity in his right eye 20/500 
and in his left eye, 20/20. Following an examination in 2011, his 
optometrist noted, ``In my opinion, Mr. John Thor has adequate vision 
to perform the tasks required to operate a commercial vehicle.'' Mr. 
Thor reported that he has driven straight trucks for 50 years, 
accumulating 500,000 miles and tractor-trailer combinations for 6 
years, accumulating 360,000 miles. He holds a Class A CDL from 
Minnesota. His driving record for the last 3 years shows 1 crash, due 
to weather, and no convictions for moving violations in a CMV.

George Ulferts

    Mr. Ulferts, 46, has had a completely detached retina in his left 
eye since February of 2008. The best corrected visual acuity in his 
right eye 20/20 and in his left eye, light perception. Following an 
examination in 2011, his optometrist noted, ``It is of medical opinion 
that Mr. Ulfrets has the appropriate level of acuity in his right eye 
to sufficiently perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Ulfrets reported that he has driven straight 
trucks for 25 years, accumulating 625,000 miles. He holds a Class D 
operator's license from Iowa. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Donald F. Wilton

    Mr. Wilton, 42, has had amblyopia in his left eye since childhood. 
The best corrected visual acuity in his right eye 20/20 and in his left 
eye, 20/70. Following an examination in 2011, his optometrist noted, 
``I certify that Mr. Wilton shows sufficient vision to operate a 
commercial vehicle.'' Mr. Wilton reported that he has driven tractor-
trailer combinations for 23 years, accumulating 2.3 million miles. He 
holds a Class A CDL from California. His driving record for the last 3 
years shows no crashes, but one conviction for a moving violation in a 
CMV; failure to stop at a traffic signal.

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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 December 12, 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: November 3, 2011.
Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2011-29160 Filed 11-9-11; 8:45 am]
BILLING CODE 4910-EX-P