[Federal Register Volume 77, Number 24 (Monday, February 6, 2012)]
[Notices]
[Pages 5874-5876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2509]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0366]


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 March 7, 2012.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2011-0366 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 twelve individuals listed in this notice have each 
requested such an exemption from the vision requirement in 49 CFR

[[Page 5875]]

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

Eugenio V. Bermudez

    Mr. Bermudez, age 33, has had amblyopia in his right eye since 
childhood. The best corrected visual acuity in right eye is 20/80 and 
in his left eye, 20/20. Following an examination in 2011, his 
ophthalmologist noted, ``I believe that he is capable of performing the 
driving tasks required to operate a commercial vehicle.'' Mr. Bermudez 
reported that he has driven straight trucks for 3\1/2\ years, 
accumulating 175,000 miles. He holds a Class A Commercial Driver's 
License (CDL) from Massachusetts. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
Commercial Motor Vehicle (CMV).

John A. Carroll, Jr.

    Mr. Carroll, 48, has had a retinal artery occlusion in his right 
eye sustained ten years ago. The best corrected visual acuity in right 
eye is 20/80 and in his left eye, 20/20. Following an examination in 
2011, his optometrist noted, ``I think Mr. John Carroll's vision is 
sufficient to perform commercial driving.'' Mr. Carroll reported that 
he has driven straight trucks for 6 years, accumulating 180,000 miles 
and tractor-trailer combinations for 26 years, accumulating 780,000 
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.

Mark W. Crocker

    Mr. Crocker, 53, has had glaucoma in his right eye since 2007. The 
best corrected visual acuity in right eye is 20/400 and in his left 
eye, 20/20. Following an examination in 2011, his optometrist noted, 
``I feel his vision is sufficient to operate a commercial vehicle at 
this time.'' Mr. Crocker reported that he has driven tractor-trailer 
combinations for 34 years, accumulating 3.4 million miles. He holds a 
Class A CDL from Tennessee. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Johnny Dillard

    Mr. Dillard, 50, has had a prosthetic right eye due to a traumatic 
injury sustained in 1974. The best corrected visual acuity in left eye, 
20/20. Following an examination in 2011, his optometrist noted, ``At 
this time, I consider Mr. Dillard to demonstrate sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Dillard reported that he has driven straight trucks for 31 years, 
accumulating 620,000 miles and tractor-trailer combinations for 31 
years, accumulating 1.24 million miles. He holds a Class A CDL from 
South Carolina. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Keith J. Haaf

    Mr. Haaf, 52, has had a prosthetic left eye due to a traumatic 
injury sustained in 1989. The best corrected visual acuity in right eye 
is 20/20. Following an examination in 2011, his ophthalmologist noted, 
``We do feel that the patient has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Haaf 
reported that he has driven straight trucks for 23 years, accumulating 
1.6 million miles. He holds a Class B CDL from Virginia. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Edward M. Jurek

    Mr. Jurek, 45, has had macular scar in his right eye due to a 
traumatic injury sustained when he was 8 years old. The best corrected 
visual acuity in right eye is 20/200 and in his left eye, 20/20. 
Following an examination in 2011, his optometrist noted, ``In my 
opinion Mr. Jurek has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle; as he has driven a commercial 
vehicle for many years without a problem.'' Mr. Jurek reported that he 
has driven straight trucks for 17 years, accumulating 153,000 miles and 
tractor-trailer combinations for 17 years, accumulating 153,000 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.

Allen J. Kunze

    Mr. Kunze, 64, has had complete loss of vision in his left eye due 
to a traumatic injury sustained in 2008. The best corrected visual 
acuity in right eye is 20/20 and in his left eye, finger-count vision. 
Following an examination in 2011, his optometrist noted, ``Mr. Kunez 
does have sufficient vision to operate a commercial vehicle.'' Mr. 
Kunez reported that he has driven straight trucks for 54 years, 
accumulating 1.35 million miles and tractor-trailer combinations for 17 
years, accumulating 595,000 miles. He holds a Class A CDL from North 
Dakota. His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Jack W. Murphy, Jr.

    Mr. Murphy, 56, has had a retinal artery occlusion in his left eye 
sustained in 2006. The best corrected visual acuity in right eye is 20/
15 and in his left eye, 20/200. Mr. Murphy reported that he has driven 
tractor-trailer combinations for 26 years, accumulating 2.6 million 
miles. He holds a Class A CDL from Ohio. His driving record for the 
last 3 years shows one crash in a CMV, for which he was cited for an 
unsecured load, and no other convictions for moving violation in a CMV.

Mark A. Smalls

    Mr. Smalls, 41, has had a prosthetic right eye due to a traumatic 
injury sustained 14 years ago. The best corrected visual acuity in left 
eye, 20/20. Following an examination in 2011, his optometrist noted, 
``In my opinion, I feel Mark has sufficient visual activity and visual 
field to operate a commercial motor vehicle.'' Mr. Smalls reported that 
he has driven straight trucks for 8 years, accumulating 275,600 miles 
and tractor-trailer combinations for 2 years, accumulating 68,900 
miles. He holds a Class A CDL from Georgia. His driving record for the 
last 3 years shows one crash for which he was cited for having an 
unsecure load while in a CMV.

Glenn R. Theis

    Mr. Theis, 42, has had amblyopia in his right eye since childhood. 
The best corrected visual acuity in right eye is 20/200 and in his left 
eye, 20/25. Following an examination in 2011, his optometrist noted, 
``It is my opinion that he has adapted to his amblyopiua or reduced 
vision in his right eye and can safely perform driving tasks required 
to operate a commercial motor vehicle.'' Mr. Theis reported that he has 
driven straight trucks for 4 years, accumulating 135,200 miles. He 
holds a Class D operator's license from Minnesota. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Peter A. Troyan

    Mr. Troyan, 30, has had amblyopia in his left eye since childhood. 
The best corrected visual acuity in right eye is 20/20 and in his left 
eye, 20/200. Following an examination in 2011, his optometrist noted, 
``Patient has good

[[Page 5876]]

vision field and 20/20 correction OU, good for driving tasks of 
commercial vehicles.'' Mr. Troyan reported that he has driven straight 
trucks for 8 years, accumulating 8,000 miles and tractor-trailer 
combinations for 5 years, accumulating 175,000 miles. He holds a Class 
A CDL from Michigan. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Gary Vines

    Mr. Vines, 47, has had complete loss of vision in his left eye due 
to a traumatic injury sustained 30 years ago. The best corrected visual 
acuity in right eye is 20/20 and in his left eye, hand motion vision. 
Following an examination in 2011, his ophthalmologist noted, ``He 
certainly has excellent right eye monocular vision that should be 
sufficient to operate that sort of vehicle.'' Mr. Vines reported that 
he has driven straight trucks for 35 years, accumulating 2.8 million 
miles and tractor-trailer combinations for 20 years, accumulating 1.5 
million 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.

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 March 7, 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 20, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-2509 Filed 2-3-12; 8:45 am]
BILLING CODE 4910-EX-P