[Federal Register Volume 77, Number 50 (Wednesday, March 14, 2012)]
[Notices]
[Pages 15184-15187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6085]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0379]


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 seventeen 
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 April 13, 2012.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2011-0379 using any of the 
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the non-line instructions for submitting 
comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200

[[Page 15185]]

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 
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 seventeen 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

David A. Brannon

    Mr. Brannon, age 51, has had a macular scar in his left eye since 
childhood. The best corrected visual acuity in his right eye is 20/15 
and in his left eye, 20/60. Following an examination in 2011, his 
ophthalmologist noted, ``I feel Mr. Brannon is qualified to operate a 
commercial motor vehicle, and he has sufficient vision to perform the 
task.'' Mr. Brannon reported that he has driven tractor-trailer 
combinations for 32 years, accumulating 4.2 million miles. He holds a 
Class A Commercial Driver's License (CDL) from Florida. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a Commercial Motor Vehicle (CMV).

Robert L. Brauns

    Mr. Brauns, 50, has had complete loss of vision in his right eye 
due to a traumatic injury sustained in 1998. The best corrected visual 
acuity in his right eye is no light perception and in his left eye, 20/
20. Following an examination in 2011, his optometrist noted, ``I feel 
Robert L. Brauns has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Brauns reported that he 
has driven tractor-trailer combinations for 31 years, accumulating 2.5 
million miles. He holds a Class A CDL from Iowa. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Bobby R. Brooks

    Mr. Brooks, 61, has had complete loss of vision in his right eye 
due to a traumatic injury sustained 5 years ago. The best corrected 
visual acuity in his right eye is no light perception and in his left 
eye, 20/20. Following an examination in 2011, his optometrist noted, 
``Yes, this person has sufficient vision to operate a commercial motor 
vehicle safely.'' Mr. Brooks reported that he has driven tractor-
trailer combinations for 39 years, accumulating 5.4 million 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.

Melvin D. Clark

    Mr. Clark, 54, has macular scaring in his right eye due to a 
traumatic injury sustained at age 10. The best corrected visual acuity 
in right eye is 20/150 and in his left eye, 20/20. Following an 
examination in 2011, his optometrist noted, ``In my medical opinion, 
Mr. Clark demonstrates sufficient vision to perform the driving tasks 
required to safely operate a commercial vehicle.'' Mr. Clark reported 
that he has driven straight trucks for 12 years, accumulating 120,000 
miles and tractor-trailer combinations for 21 years, accumulating 
700,000 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.

Jackie K. Cooper

    Mr. Cooper, 50, 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 ophthalmologist 
noted, ``In my medical opinion this patient, who has been driving 
commercial vehicles within the state of Utah for an extended period of 
time and operating safely, has sufficient vision to perform these 
driving tasks outside the state of Utah as well.'' Mr. Cooper reported 
that he has driven straight trucks for 10 years, accumulating 50,000 
miles and tractor-trailer combinations for 10 years, accumulating 
50,000 miles. He holds a Class A CDL from Utah. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

William C. Dempsey, Jr.

    Mr. Dempsey, 53, has had amblyopia in his right eye since 
childhood. The best corrected visual acuity in his right eye is 20/200 
and in his left eye, 20/15. Following an examination in 2011, his 
ophthalmologist noted, ``Sufficient vision to operate a commercial 
vehicle.'' Mr. Dempsey reported that he has driven straight trucks for 
8 years, accumulating 160,000 miles and tractor-trailer combinations 
for 33 years, accumulating 1.2 million miles. He holds a Class A CDL 
from Massachusetts. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

[[Page 15186]]

Ryan C. Dugan

    Mr. Dugan, 31, has a prosthetic right eye due to an injury 
sustained 10 years ago. The best corrected visual acuity in his left 
eye is 20/20. Following an examination in 2011, his optometrist noted, 
``Because his left eye is completely normal and meets the requirements 
of horizontal field necessary to operate a commercial vehicle, it is my 
medical opinion that he has sufficient vision required to operate a 
commercial vehicle safely.'' Mr. Dugan reported that he has driven 
straight trucks for 11 years, accumulating 440,000 miles. He holds a 
Class D operator's license from New York. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Donald J. Garrison

    Mr. Garrison, 67, has a corneal scar in his right eye due to a 
traumatic injury sustained at age 3. The best corrected visual acuity 
in right eye is count-finger vision and in his left eye, 20/25. 
Following an examination in 2011, his ophthalmologist noted, ``I feel 
that Mr. Garrison has adequate vision to operate a motor vehicle and/or 
a commercial vehicle safely as his vision has been stable most of his 
life.'' Mr. Garrison reported that he has driven straight trucks for 4 
years, accumulating 54,000 miles. He holds a Class D operator's license 
from Tennessee. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Glenn C. Grimm

    Mr. Grimm, 53, has complete loss of vision in his right eye due to 
a traumatic injury sustained 33 years ago. The best visual acuity in 
his left eye is 20/20. Following an examination in 2011, his 
ophthalmologist noted, ``I see no medical ophthalmic contraindication 
to the patient continuing to perform as a commercial vehicle 
operator.'' Mr. Grimm reported that he has driven straight trucks for 
30 years, accumulating 156,000 miles. He holds a Class B CDL from New 
Jersey. His driving record for the last 3 years shows no crashes and 
one conviction for a moving violation in a CMV; failure to obey a 
traffic signal.

Lee P. Holt

    Mr. Holt, 45, has had complete loss of vision in his right eye due 
to a traumatic injury sustained at age 15. The visual acuity in his 
right eye is light perception and in his left eye, 20/20. Following an 
examination in 2011, his optometrist noted, ``Mr. Holt's vision 
condition has not changed and he has sufficient vision to perform at 
the same level as pervious in driving a commercial vehicle.'' Mr. Holt 
reported that he has driven straight trucks for 1 year, accumulating 
30,000 miles and tractor-trailer combinations for 6 years, accumulating 
2.4 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.

Lance C. Phares

    Mr. Phares, 49, has had complete loss in his left eye due to a 
traumatic injury sustained in 1982. The visual acuity in right eye is 
20/20. Following an examination in 2011, his ophthalmologist noted, 
``In my medical opinion, I feel Lance has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Phares reported that he has driven straight trucks for 26 years, 
accumulating 780,000 miles. He holds a Class D operator's license from 
New York. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Richard A. Pucker

    Mr. Pucker, 56, has loss of vision in his left eye due to a 
traumatic injury sustained in 1974. The best corrected visual acuity in 
right eye is 20/15 and in his left eye, 20/300. Following an 
examination in 2011, his optometrist noted, ``In my opinion, the 
patient has sufficient vision in his right eye and sufficient 
peripheral vision in his left eye to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Pucker reported that he has 
driven straight trucks for 38 years, accumulating 1.9 million miles. He 
holds a Class A CDL from Wisconsin. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Mark A. Smith

    Mr. Smith, 47, has had anterior ischemic optic neuropathy in left 
right eye since 2002. The best corrected visual acuity in right eye is 
20/16 and in his left eye, no light perception. Following an 
examination in 2011, his optometrist noted, ``I feel that Mark A. Smith 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Smith reported that he has driven straight 
trucks for 9 years, accumulating 421,000 miles and tractor-trailer 
combinations for 6 years, accumulating 250,000 miles. He holds a Class 
A CDL from Iowa. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Randy L. Stevens

    Mr. Stevens, 28, has a prosthetic left eye due to an injury 
sustained when he was 4 years old. The best corrected visual acuity in 
his right eye is 20/20. Following an examination in 2011, his 
ophthalmologist noted, ``I believe that Mr. Stevens is doing very well 
from an ophthalmologic standpoint and he should have no difficulty in 
regards to his driving tasks and operating a commercial vehicle.'' Mr. 
Stevens reported that he has driven straight trucks for 24 years, 
accumulating 360,000 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.

Marion Tutt, Jr.

    Mr. Tutt, 46, had amblyopia in his right eye since childhood. The 
best corrected visual acuity in right eye is 20/200 and in his left 
eye, 20/20. Following an examination in 2011, his optometrist noted, 
``In my opinion, this person has sufficient vision to operate a 
commercial vehicle safely.'' Mr. Tutt reported that he has driven 
tractor-trailer combinations for 19 years, accumulating 2.8 million 
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.

Wade W. Ward

    Mr. Ward, 51, has had an enucleated right eye since 1998. The best 
corrected visual acuity in his left eye is 20/15. Following an 
examination in 2011, his ophthalmologist noted, ``I, Dr. Dirk Dijstal, 
have as a medical opinion that Mr. Wade Ward has sufficient vision to 
perform driving tasks such as driving a commercial vehicle.'' Mr. Ward 
reported that he has driven straight trucks for 2 years, accumulating 
22,000 miles and tractor-trailer combinations for 4 years, accumulating 
380,000 miles. He holds a Class A CDL from Wyoming. His driving record 
for the last 3 years shows no crashes and one conviction for a moving 
violation in a CMV; failure to obey a traffic device.

Jimmy S. Zamora

    Mr. Zamora, 54, has had retinal retinopathy in his right eye for 
the last four years. The best corrected visual acuity in right eye is 
20/50 and in his left eye, 20/20. Following an examination in 2011, his 
optometrist noted, ``In my medical opinion, Mr. Zamora has sufficient 
vision to perform

[[Page 15187]]

the driving tasks required to operate a commercial vehicle.'' Mr. 
Zamora reported that he has driven straight trucks for 30 years, 
accumulating 300,000 miles and tractor-trailer combinations for 30 
years, accumulating 3 million miles. He holds a Class A CDL from Texas. 
His driving record for the last 3 years shows two crashes; he was cited 
for one of the 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 April 13, 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: March 1, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-6085 Filed 3-13-12; 8:45 am]
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