[Federal Register Volume 77, Number 77 (Friday, April 20, 2012)]
[Notices]
[Pages 23799-23800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9553]



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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0040]


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 10 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 May 21, 2012.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2012-0040 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 10 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

Rudolph P. Bisschop

    Mr. Bisschop, age 55, has had amblyopia in his left eye since 
childhood. The best corrected visual acuity in his right eye is 20/30, 
and in his left eye, 20/80. Following an examination in 2011, his 
ophthalmologist noted, ``In my medical opinion, you have sufficient 
stable vision to perform all of the driving tasks required to operate a 
commercial motor vehicle.'' Mr. Bisschop reported that he has driven 
tractor-trailer combinations for 30 years, accumulating 1.9 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.

Richard Doroba

    Mr. Doroba, 46, has had amblyopia in his right eye since birth. 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 optometrist 
noted, ``Mr. Doroba, in my medical opinion, has sufficient vision to 
perform the driving tasks required of a commercial vehicle operator.'' 
Mr. Doroba reported that he has driven tractor-trailer combinations for 
25 years, accumulating 1.5 million miles. He holds a Class A CDL from 
Illinois. His driving record for the last 3 years shows one crash for 
which he was cited for speeding too fast for conditions and no 
convictions for moving violations in a CMV.

Dennis E. Fisher

    Mr. Fisher, 55, has a history of macular degeneration in his right 
eye due to branch vein occlusion. The best corrected visual acuity in 
his right eye is 20/80, and in his left eye, 20/30. Following an 
examination in 2011, his ophthalmologist noted, ``Has sufficient vision 
to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Fisher reported that he has driven tractor-trailer 
combinations for 31 years, accumulating 3.6 million 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.

Charles W. Gajefski

    Mr. Gajefski, 53, has had a retinal scar 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 
optometrist noted, ``It is my professional opinion that Charles is 
capable of safely performing the driving tasks necessary to operate a 
commercial vehicle.'' Mr. Gajefski reported that he has driven tractor-
trailer combinations for 2 years, accumulating 400,000 miles. He holds 
a Class A CDL from Colorado. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Steven M. Martin

    Mr. Martin, 45, has had amblyopia in his right eye since birth. The 
best corrected visual acuity in his right eye is 20/2000, and in his 
left eye, 20/20. Following an examination in 2011, his optometrist 
noted, ``In my medical

[[Page 23800]]

opinion, Mr. Martin has sufficient vision to operate a commercial motor 
vehicle.'' Mr. Martin reported that he has driven straight trucks for 
28 years, accumulating 84,000 miles and tractor-trailer combinations 
for 14 years, accumulating 196,000 miles. He holds a Class A CDL from 
Illinois. His driving record for the last 3 years shows no crashes but 
one conviction for speeding in a CMV. He exceeded the speed limit by 16 
mph.

Charles A. Padgett

    Mr. Padgett, 53, has had staphyloma in his right eye since birth. 
The best corrected visual acuity in his right eye is count-finger 
vision, and in his left eye, 20/20. Following an examination in 2011, 
his optometrist noted, ``I do believe he has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Padgett reported that he has driven straight trucks for 9 years, 
accumulating 468,000 miles and tractor-trailer combinations for 6 
years, accumulating 240,000 miles. He holds a Class A CDL from Florida. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Joseph L. Ruff.

    Mr. Ruff, 51, has had coat's disease in his right eye since birth. 
The visual acuity in his right eye is light perception, and in his left 
eye, 20/15. Following an examination in 2011, his ophthalmologist 
noted, ``I feel that he has sufficient vision to perform driving tasks 
required to operate a commercial motor vehicle.'' Mr. Ruff reported 
that he has driven straight trucks for 4 years, accumulating 52,000 
miles. He holds a Class C operator's license from Georgia. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Tommy Thomas

    Mr. Thomas, 52, has a prosthetic right eye due to a traumatic 
injury sustained in 1971. The visual acuity in his right eye is no 
light perception, and in his left eye, 20/20. Following an examination 
in 2011, his ophthalmologist noted, ``The patient has been advised of 
monocular precautions and is cleared to drive a commercial vehicle at 
this time.'' Mr. Thomas reported that he has driven tractor-trailer 
combinations for 3 years, accumulating 195,000 miles. He holds a Class 
A CDL from California. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Malcolm J. Tilghman, Sr.

    Mr. Tilghman, 51, has had amblyopia in his right eye since birth. 
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 this case I certify that vision in Mr. Tilghman's left eye 
qualifies him to operate a commercial motor vehicle.'' Mr. Tilghman 
reported that he has driven straight trucks for 3 years, accumulating 
687,500 miles and buses for 10 years, accumulating 100,000 miles. He 
holds a Class B CDL from Delaware. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

William S. Willis, Jr.

    Mr. Willis, 74, has had amblyopia in his right eye since birth. The 
best corrected visual acuity in his right eye is 20/200, and in his 
left eye, 20/25. Following an examination in 2011, his ophthalmologist 
noted, ``Has significant vision to operate commercial vehicle.'' Mr. 
Willis reported that he has driven straight trucks for 57 years, 
accumulating 798,000 miles and tractor-trailer combinations for 30 
years, accumulating 180,000 miles. He holds a Class A CDL from 
Maryland. 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 May 21, 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: April 16, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-9553 Filed 4-19-12; 8:45 am]
BILLING CODE 4910-EX-P