[Federal Register Volume 77, Number 3 (Thursday, January 5, 2012)]
[Notices]
[Pages 539-541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-33788]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0325]


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 twelve 
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 February 6, 2012.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2011-0325 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

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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 acknowledgment 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 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 twelve 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

Rene Amaya

    Mr. Amaya, age 36, has had amblyopia in his left eye since birth. 
The best corrected visual acuity in his right eye is 20/15 and in his 
left eye, 20/200. Following an examination in 2011, his optometrist 
noted, ``In my medical opinion, Rene Amaya has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Amaya reported that he has driven straight trucks for 2 years, 
accumulating 78,000 miles and tractor-trailer combinations for 
2[frac12] years, accumulating 102,500 miles. He holds a Class A 
Commercial Driver's License (CDL) from New Mexico. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Brian K. Cline

    Mr. Cline, 32, 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, 20/60. Following an examination in 2011, his optometrist 
noted, ``In my medical opinion, with his vision correction, his vision 
allows him to perform commercial driving tasks.'' Mr. Cline reported 
that he has driven straight trucks for 3\1/2\; years, accumulating 
88,000 miles and tractor-trailer combinations for 3 years, accumulating 
18,000 miles. He holds a Class A CDL from North Carolina. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Robert E. Judd

    Mr. Judd, 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, 20/200. Following an examination in 2011, his optometrist noted, 
``It is my opinion that Mr. Judd has sufficient vision to perform 
driving tasks in a commercial vehicle.'' Mr. Judd reported that he has 
driven straight trucks for 9 years, accumulating 135,000 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.

Mickey E. Lawson

    Mr. Lawson, 50, 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, 20/400. Following an examination in 2011, his optometrist noted, 
``I see no visual reason that Mr. Lawson would not be able to continue 
driving commercially (as he has for many years).''
    Mr. Lawson reported that he has driven straight trucks for 10 
years, accumulating 21 million miles and tractor-trailer combinations 
for 15 years, accumulating 577,000 miles. He holds a Class A CDL from 
North Carolina. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Robbey J. Nelson

    Mr. Nelson, 42, has had keratoconus in his left eye since 2002. 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, 
``This patient has normal color vision and has sufficient vision to 
operate a motor vehicle commercial or otherwise.'' Mr. Nelson reported 
that he has driven straight trucks for 20 years, accumulating 500,000 
miles and tractor-trailer combinations for 20 years, accumulating 
400,000 miles. He holds a Class A CDL from North Carolina. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Thomas M. Nubert

    Mr. Nubert, 55, has had reduced vision in his right eye due to a 
birth defect. The best corrected visual acuity in his right eye is 20/
400 and in his left eye, 20/20. Following an examination in 2011, his 
optometrist noted, ``I feel that he does have sufficient vision to 
perform the driving tasks to operate a commercial vehicle.''
    Mr. Nubert reported that he has driven straight trucks for 26 
years, accumulating 572,000 miles and tractor-trailer combinations for 
8 years, accumulating 240,000 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.

Terri D. Payne

    Ms. Payne, 43, has had amblyopia in her left eye since birth. The 
best corrected visual acuity in her right eye is 20/20 and in her left 
eye, 20/70. Following an examination in 2011, her optometrist noted, 
``Based upon my findings and medical expertise, I, W.E. Robinson, Jr., 
hereby certify Terri D.

[[Page 541]]

Payne to be visually able to safely operate a commercial motor 
vehicle.'' Ms. Payne reported that she has driven straight trucks for 
12 years, accumulating 57,600 miles. She holds a Class D operator's 
license from Kentucky. Her driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Michael C. Reese

    Mr. Reese, 46, has had amblyopia in his right eye since childhood. 
The best corrected visual acuity in his right eye is 20/400 and in his 
left eye, 20/20. Following an examination in 2011, his optometrist 
noted, ``In my opinion, you have sufficient vision to perform the 
driving taks required to operate a commercial vehicle.'' Mr. Reese 
reported that he has driven tractor-trailer combinations for 15 years, 
accumulating 61,500 miles. He holds a Class A CDL from Georgia. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Mark C. Reineke

    Mr. Reineke, 60, has had macular scarring in his left eye due to a 
traumatic injury sustained in 1981. The best corrected visual acuity 
his right eye is 20/25 and in his left eye is finger-count vision. 
Following an examination in 2011, his ophthalmologist noted, ``I 
believe Mr. Reineke to have sufficient vision to operate a commercial 
vehicle.''
    Mr. Reineke reported that he has driven straight trucks for 6 
years, accumulating 18,000 miles and tractor-trailer combinations for 4 
years, accumulating 60,000 miles. He holds a Class A CDL from New 
Mexico. His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Robert T. Reynolds

    Mr. Reynolds, 51, has had retinal vein occlusion in his right eye 
for the past five years. The best corrected visual acuity in his right 
eye is 20/400 and in his left eye, 20/20. Following an examination in 
2011, his ophthalmologist noted, ``Due to the fact your vision is 
stable, I believe you have sufficient vision to perform you job as a 
commercial vehicle operator.'' Mr. Reynolds reported that he has driven 
straight trucks for 23 years, accumulating 3.4 million miles and 
tractor-trailer combinations for 5 years accumulating 1 million miles. 
He holds a Class D operator's license from Ohio. His driving record for 
the last 3 years shows no crashes and no convictions in a CMV.

Lawrence D. Ventimiglia

    Mr. Ventimiglia, 46, has had reduced vision in his right eye since 
birth. The best corrected visual acuity in his right eye is count-
finger vision and in his left eye, 20/25. Following an examination in 
2011, his optometrist noted, ``I certify that Larry has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Ventimiglia reported that he has driven straight trucks 
for less than 3 years, accumulating about 31,200 miles. He holds a 
Class A CDL from Nevada. His driving record for the last 3 years shows 
no crashes and no convictions in a CMV.

Chadwick L. Wyatt

    Mr. Wyatt, 34, has had a central corneal scar in his left eye since 
childhood. 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, ``Patient can recognize traffic control colors and 
has sufficient vision to operate a commercial vehicle.'' Mr. Wyatt 
reported that he has driven straight trucks for 2\1/2\ years, 
accumulating 137,500 miles and tractor-trailer combinations for 2\1/2\ 
years, accumulating 137,500 miles. He holds a Class A CDL from North 
Carolina. 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 February 6, 2012. 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: December 22, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011-33788 Filed 1-4-12; 8:45 am]
BILLING CODE 4910-EX-P