[Federal Register Volume 77, Number 92 (Friday, May 11, 2012)]
[Notices]
[Pages 27852-27854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11439]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0105


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 7 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 June 11, 2012.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2012-0105 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

[[Page 27853]]

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 7 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

Charles S. Amyx, Jr.

    Mr. Amyx, age 46, had an enucleation of his right eye due to a 
traumatic incident that occurred at age 15. The best corrected visual 
acuity in his left eye is 20/15. Following an examination in 2011, his 
ophthalmologist noted, ``I feel that he would be a safe driver with a 
CDL and I do not feel that his driving ability would be compromised by 
the lack of a normally functioniong right eye.'' Mr. Amyx reported that 
he has driven tractor-trailer combinations for 24 years, accumulating 
1.8 million miles. He holds a Class A Commercial Driver's License (CDL) 
from Louisiana. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Giovanni B. Cerino, Jr.

    Mr. Cerino, 50, has had amblyopia in his right eye since childhood. 
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 ophthalmologist 
noted, ``His exam proves that he has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Cerino 
reported that he has driven tractor-trailer combinations for 26 years, 
accumulating 4.1 million 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.

Randall L. Mathis

    Mr. Mathis, 40, has had amblyopia in his right eye since birth. The 
best corrected visual acuity in his right eye is 20/80, and in his left 
eye, 20/20. Following an examination in 2012, his optometrist noted, 
``It is my opinion that this should not affect his ability to drive 
safely a commercial vehicle under any driving conditions.'' Mr. Mathis 
reported that he has driven tractor-trailer combinations for 14 years, 
accumulating 1.3 million miles. He holds a Class A Commercial Driver's 
License (CDL) from Alabama. His driving record for the last 3 years 
shows no crashes and no convictions for

Shane N. Maul

    Mr. Maul, 31, has had amblyopia in his right eye since childhood. 
The best corrected visual acuity in his right eye is 20/80, and in his 
left eye, 20/20. Following an examination in 2012, his optometrist 
noted, ``In my opinion, Mr. Maul has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Maul 
reported that he has driven straight trucks for 1 year, accumulating 
40,000 miles and tractor-trailer combinations for 10 years, 
accumulating 1 million miles. He holds a Class A CDL from Indiana. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Michael E. McAfee

    Mr. McAfee, 28, has congenital eye disease including cataract and 
amblyopia in his left eye. The best corrected visual acuity in his 
right eye is 20/15, and in his left eye, count-finger vision. Following 
an examination in 2012, his optometrist noted, ``It is my opinion that 
this gentleman has sufficient vision to perform the driving tasks 
required for a commercial Class A vehicle.'' Mr. McAfee reported that 
he has driven straight trucks for 10 years, accumulating 50,000 miles. 
He holds a Class D operator's license from Kentucky. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Dennis D. Pimley

    Mr. Pimley, 65, has had a retinal detachment in his left eye since 
10 years ago. 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, ``In my medical opinion, Mr. Pimely has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Pimley reported that he has driven straight trucks for 
43 years, accumulating 1.8 million miles and tractor-trailer 
combinations for 22 years, accumulating 1.7 million 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.

James E. Sikkink

    Mr. Sikkink, 45, 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 2012, his optometrist 
noted, ``In my medical opinion he has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Sikkink 
reported that he has driven straight trucks for 14 years, accumulating 
436,800 miles. He holds a Class B CDL from Illinois. 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

[[Page 27854]]

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 June 11, 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: May 3, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-11439 Filed 5-10-12; 8:45 am]
BILLING CODE 4910-EX-P