[Federal Register Volume 77, Number 57 (Friday, March 23, 2012)]
[Notices]
[Pages 17109-17111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7088]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0380]


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

[[Page 17110]]

without meeting the Federal vision requirement.

DATES: Comments must be received on or before April 23, 2012.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2011-0380 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 
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

Robert J. Ambrose

    Mr. Ambrose, age 57, has had amblyopia in his left eye since 
childhood. The best corrected visual acuity in right eye is 20/15 and 
in his left eye, 20/60. Following an examination in 2011, his 
ophthalmologist noted, ``It is my opinion, this patient has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Ambrose reported that he has driven straight trucks for 
3 years, accumulating 60,000 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).

Clifford W. Doran, Jr.

    Mr. Doran, 51, has had a macular scar in his left eye due to a 
traumatic injury sustained in 2003. 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 ophthalmologist noted, ``I see no 
contraindications to him operating a commercial motor vehicle safely.'' 
Mr. Doran reported that he has driven straight trucks for 1 year, 
accumulating 12,000 miles and tractor-trailer combinations for 19 years 
accumulating 3 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.

Scott T. Green

    Mr. Green, 31, has had amblyopia in his left eye since birth. The 
best corrected visual acuity in right eye is 20/20 and in his left eye, 
20/70. Following an examination in 2011, his optometrist noted, ``It is 
my opinion that his visual condition is stable and that he has 
sufficient visual function to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Green reported that he has driven 
straight trucks for 6 years, accumulating 37,500 miles. He holds a 
Class C operator's license from Oregon. His driving record for the last 
3 years shows no crashes and no convictions for moving violations in a 
CMV.

Mark J. Meacham

    Mr. Meacham, 49, has a prosthetic left eye due to a traumatic 
injury sustained 20 years ago. The best corrected visual acuity in 
right eye is 20/20. Following an examination in 2011, his 
ophthalmologist noted, ``In my medical opinion, you have sufficient 
vision in the right eye to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Meacham reported that he has driven 
straight trucks for 15 years, accumulating 2.25 million miles. He holds 
a Class C operator's license from North Carolina. His driving record 
for the last 3 years shows one crash, which he was not cited for, and 
one conviction for speeding in a CMV; he exceeded the speed limit by 9 
mph.

Ronnie D. Owens

    Mr. Owens, 63, has a prosthetic right eye due to a traumatic injury 
sustained at age 23. The best corrected visual acuity in left eye is 
20/20. Following an examination in 2011, his optometrist noted, ``In my 
professional opinion, Mr. Owens has sufficient vision to operate a 
commercial vehicle.'' Mr. Owens reported that he has driven straight 
trucks for 47 years, accumulating 2.9 million miles and tractor-trailer 
combinations for 42 years, accumulating 315,000 miles. He holds a Class 
A CDL from Missouri. His driving record for the last 3 years shows no 
crashes and conviction for speeding in a CMV; he exceeded the speed 
limit by 20 mph.

Rojelio Garcia-Pena

    Mr. Garcia-Pena, 49, has had amblyopia in his left eye since birth. 
The best corrected visual acuity in right eye is 20/20 and in his left 
eye, 20/400. Following an examination in 2011, his optometrist noted, 
``Mr. Pena has full

[[Page 17111]]

visual fields in each eye as well as normal color vision. His 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, ``In 
my opinion, the above mentioned findings qualify Mr. Pena to operate a 
commercial vehicle safely.'' Mr. Garcia-Pena reported that he has 
driven straight trucks for 14 years, accumulating 280,000 miles. He 
holds a Class A CDL from Michigan. 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.

John M. Riley

    Mr. Riley, 34, 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, 20/150. Following an examination in 2011, his optometrist noted, 
``In my medical opinion, I believe Mr. Riley has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Riley reported that he has driven straight trucks for 15 years, 
accumulating 750,000 miles and tractor-trailer combinations for 15 
years, accumulating 675,000 miles. He holds a Class A CDL from Alabama. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Jeffrey A. Sheets

    Mr. Sheets, 29, has aphakia 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, 20/20. Following an 
examination in 2011, his optometrist noted, ``In my opinion, Mr. Sheets 
does have sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Sheets reported that he has driven 
straight trucks for 7 years, accumulating 525,000 miles and tractor-
trailer combinations for 1 year, accumulating 20,000 miles. He holds a 
Class A CDL from Arizona. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

Scotty W. Sparks

    Mr. Sparks, 37, has had amblyopia in his left eye since birth. 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, ``It 
is my opinion that despite the poor visual acuity in Mr. Sparks left 
eye, he does have normal acuity in the right eye and normal visual 
fields in both eyes, allowing for sufficient vision to perform the 
driving tasks required to operate a commercial motor vehicle in 
interstate commerce.'' Mr. Sparks reported that he has driven straight 
trucks for 12 years, accumulating 288,000 miles. He holds a Class B CDL 
from Kentucky. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Scottie Stewart

    Mr. Stewart, 57, has had amblyopia in his right eye since 
childhood. The best corrected visual acuity in right eye is hand motion 
vision and in his left eye, 20/20. Following an examination in 2011, 
his ophthalmologist noted, ``Patient has sufficient vision to perform 
said tasks required to operate a commercial vehicle.'' Mr. Stewart 
reported that he has driven tractor-trailer combinations for 23 years, 
accumulating 1.7 million miles. He holds a Class A CDL from 
Mississippi. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Charles E. Stokes

    Mr. Stokes, 59, has complete loss of vision in his right eye. The 
best corrected visual acuity in right eye is hand motion vision and in 
his left eye, 20/25. Following an examination in 2011, his 
ophthalmologist noted, ``Although both conditions can potentially be 
progressive, currently his monocular status and intact visual field 
would not prohibit him from operating a commercial vehicle.'' Mr. 
Stokes reported that he has driven straight trucks for 16 years, 
accumulating 1.5 million miles and tractor-trailer combinations for 18 
years, accumulating 1.1 million miles. He holds a Class A CDL from 
Michigan. His driving record for the last 3 years shows two crashes in 
a CMV, for which he was cited, and no convictions for moving violations 
in a CMV.

Timothy J. Sullivan

    Mr. Sullivan, 60, has complete loss of vision in his left eye due 
to a traumatic injury sustained in 1998. The best corrected visual 
acuity in right eye is 20/20 and in his left eye, light perception. 
Following an examination in 2011, his ophthalmologist noted, ``In my 
medical opinion, I feel Mr. Sullivan has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Sullivan reported that he has driven straight for 18 years, 
accumulating 1.4 million miles. He holds a Class E operator's license 
from Florida. 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 April 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: March 16, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-7088 Filed 3-22-12; 8:45 am]
BILLING CODE 4910-EX-P