[Federal Register Volume 77, Number 15 (Tuesday, January 24, 2012)]
[Notices]
[Pages 3552-3554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-1390]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0365]


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 thirteen 
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 23, 2012.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2011-0365 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 Program 
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 thirteen 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

Daniel C. Berry

    Mr. Berry, age 46, has had a prosthetic right eye due to a 
traumatic injury sustained in childhood. The best corrected visual 
acuity in left eye, 20/20. Following an examination in 2011, his 
optometrist noted, ``Mr. Berry has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Berry 
reported that he has driven straight trucks for 27 years, accumulating 
540,000 miles and tractor-trailer combinations for 27 years, 
accumulating 540,000 miles. He holds a Class A Commercial Driver's 
License (CDL) from Arkansas. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a 
Commercial Motor Vehicle (CMV).

Jeffrey H. Bohr

    Mr. Bohr, 42, has had a prosthetic left eye due to a traumatic 
injury sustained in 1987. The best corrected visual acuity in his right 
eye is 20/20. Following an examination in 2011, his optometrist noted, 
``As previously stated Mr. Bohr has completely normal vision in his 
right eye and should be able to perform

[[Page 3553]]

driving tasks in a commercial vehicle safely.'' Mr. Bohr reported that 
he has driven straight trucks for 7 years, accumulating 385,000 miles. 
He holds a Class B CDL from Iowa. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

William J. Byron

    Mr. Byron, 66, has had a macular scar in his right eye due to a 
traumatic injury sustained in 1977. The best corrected visual acuity in 
his right eye is 20/125 and in his left eye, 20/20. Following an 
examination in 2011, his ophthalmologist noted, ``Based on his history 
and my clinical exams for nearly two years, it is my opinion that Mr. 
Byron has sufficient vision to safely drive a commercial vehicle.'' Mr. 
Byron reported that he has driven straight trucks for 10 years, 
accumulating 120,000 miles and tractor-trailer combinations for 27 
years, accumulating 2.295 million 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.

Michael P. Callihan

    Mr. Callihan, 49, has had amblyopia in his right eye since 
childhood. The best corrected visual acuity in his right eye is 20/70 
and in his left eye, 20/20. Following an examination in 2011, his 
optometrist noted, ``Upon review of Mr. Callihan's test results I 
believe that in my medical opinion, he has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Callihan reported that he has driven straight trucks for 20 years, 
accumulating 150,000 miles. He holds a Class B CDL from Ohio. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

John Edmondson

    Mr. Edmondson, 66, has had amblyopia in left eye since childhood. 
The best corrected visual acuity in his right eye is 20/400 and in his 
left eye, 20/25. Following an examination in 2011, his optometrist 
noted, ``In my medical opinion Mr. Edmondson has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Edmondson reported that he has driven tractor-trailer combinations 
for 37 years, accumulating 925,000 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.

Richard P. Frederiksen

    Mr. Frederiksen, 29, has had a prosthesis left eye since age 3 due 
to a traumatic injury. The best corrected visual acuity in his right 
eye is 20/120. Following an examination in 2011, his optometrist noted, 
``In my professional opinion, Mr. Frederiksen has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Frederiksen reported that he has driven tractor-trailer 
combinations for 11 years, accumulating 550,000 miles. He holds a Class 
A CDL from Wyoming. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Stephen J. Hall

    Mr. Hall, 46, has had amblyopia in his right eye due since 
childhood. The best corrected visual acuity in his right eye is 20/150 
and in his left eye, 20/20. Following an examination in 2011, his 
optometrist noted, ``I certify that Stephen James Hall, in my medical 
opinion, has sufficient vision at this point in time to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Hall 
reported that he has driven straight trucks for 22 years, accumulating 
1.1 million miles and tractor-trailer combinations for 22 years, 
accumulating 1.65 million miles. He holds a Class A CDL from 
Washington. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Lonnie B. Hicks, Jr.

    Mr. Hicks, 33, has had congenial optic atrophy in his right eye 
since birth. The best corrected visual acuity in his right eye is hand 
motion vision and in his left eye, 20/20. Following an examination in 
2011, his optometrist noted, ``Mr. Hicks has had this condition since 
birth and has sufficient vision to continue operating a commercial 
vehicle.'' Mr. Hicks reported that he has driven straight trucks for 15 
years, accumulating 270,000 miles and tractor-trailer combinations for 
15 years, accumulating 198,000. He holds a Class D operator's license 
from Oklahoma. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Samuel V. Holder

    Mr. Holder, 61, has had ocular hypertension in his right eye since 
2009 and retinal detachment in his left eye since 2006. 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, 
``I felt his vision was good enough to drive a commercial or personal 
vehicle. I certify his vision is good enough to do this.'' Mr. Holder 
reported that he has driven straight trucks for 10 years, accumulating 
200,000 miles and tractor-trailer combinations for 41 years, 
accumulating 3.5 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.

Timothy L. Klompien

    Mr. Klompien, 51, has had a retina detachment in his right eye due 
to a traumatic injury sustained in 2006. The best corrected visual 
acuity in his right eye is 20/200 and in his left eye, 20/20. Following 
an examination in 2011, his ophthalmologist noted, ``I feel he has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Klompien reported that he has driven straight 
trucks for 5 years, accumulating 150,000 miles and tractor-trailer 
combinations for 15 years, accumulating 1.05 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.

Jerry L. Pettijohn

    Mr. Pettijohn, 62, has had cataracts in his right eye since 1987. 
The best corrected visual acuity in his right eye is hand motion vision 
and in his left eye, 20/20. Following an examination in 2011, his 
optometrist noted, ``I certify that in my medical opinion, Jerry 
Pettijohn does have sufficient vision to perform the driving tasks 
required to operate a commercial vehicle and should qualify for a 
vision exemption.'' Mr. Pettijohn reported that he has driven straight 
trucks for 44 years, accumulating 880,000 miles and tractor-trailer 
combinations for 17 years, accumulating 935,000 miles and buses for 5 
years accumulating 25,000 miles. He holds a Class D operator's license 
from Oklahoma. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Jake Richter

    Mr. Richter, 27, has had corneal scarring in his left eye since 
1999. 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, ``My medical opinion is that Mr. Richter has sufficient vision 
to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Richter reported that he has driven straight trucks for 
12 years,

[[Page 3554]]

accumulating 9,000 miles and tractor-trailer combinations for 3 years, 
accumulating 18,000 miles. He holds a Class A CDL from Kansas. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Bradley S. Sanders

    Mr. Sanders, 43, 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, 20/60. Following an examination in 2011, his ophthalmologist 
noted, ``At this time, given Mr. Bradley Sanders' visual acuity 
bilaterally, the patient has sufficient vision to perform the driving 
tasks to operate a commercial vehicle.'' Mr. Sanders reported that he 
has driven straight trucks for 8 years, accumulating 21,840 miles. He 
holds a Class D operator's license from New Mexico. 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 23, 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: January 13, 2012.
 Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2012-1390 Filed 1-23-12; 8:45 am]
BILLING CODE 4910-EX-P