[Federal Register Volume 77, Number 107 (Monday, June 4, 2012)]
[Notices]
[Pages 33017-33018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13415]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0106]


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 12 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 July 5, 2012.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2012-0106 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 12 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 F. Bennett

    Mr. Bennett, age 68, has complete loss of vision in his left eye 
due to a traumatic injury sustained at age 29. The best corrected 
visual acuity in his right eye is 20/25, and in his left eye, light 
perception only. Following an examination in 2011, his ophthalmologist 
noted, ``I see no reason why he cannot continue to operate a commercial 
vehicle in a safe manner since he has apparently done so for the past 
30 or more years.'' Mr. Bennett reported that he has driven straight 
trucks for 31 years, accumulating 372,000 miles, and tractor-trailer 
combinations for 31 years, accumulating 372,000 miles. He holds a Class 
A Commercial Driver's License (CDL) from New Jersey. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Dale W. Coblentz

    Mr. Coblentz, 44, has central corneal scarring in his left eye due 
to a traumatic incident sustained 25 years ago. The best corrected 
visual acuity in his right eye is 20/20, and in his left, 20/100. 
Following an examination in 2012, his optometrist noted, ``In my 
medical opinion Mr. Coblentz has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Coblentz 
reported that he has driven straight trucks for 8 years, accumulating 
220,000 miles, and tractor-trailer combinations for 2 years, 
accumulating 200,000 miles. He holds a Class A CDL from Montana. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Michael L. Dean

    Mr. Dean, 36, 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, ``In my medical opinion Michael Dean has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Dean reported that he has driven straight trucks for 10 years, 
accumulating 320,000 miles, and tractor-trailer combinations for 10 
years, accumulating 320,000 miles. He holds a Class A CDL from 
Michigan. His driving record for the last 3 years shows one crash, 
which he was not cited for, and no convictions for moving violations in 
a CMV.

Damon G. Gallardo

    Mr. Gallardo, 36, has had decreased vision in his left eye due to a 
retinal detachment sustained in 1987. The best corrected visual acuity 
in his right eye is 20/15 and in his left eye, 20/200. Following an 
examination in 2012, his ophthalmologist noted, ``It is my medical 
opinion that Mr. Gallardo has

[[Page 33018]]

sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Gallardo reported that he has driven straight 
trucks for 9 years, accumulating 397,800 miles. He holds a Class C 
operator's license from California. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Marc D. Groszkrueger

    Mr. Groszkrueger, 59, has had amblyopia in his right eye since 
birth. The best corrected visual acuity in his right eye, 20/200, and 
in his left eye is 20/20. Following an examination in 2011, his 
optometrist noted, ``I feel in my medical opinion that Marc has 
sufficient vision to operate a commercial vehicle.'' Mr. Groszkrueger 
reported that he has driven straight trucks for 10 years, accumulating 
5,000 miles. He holds a Class B CDL from Iowa. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Daniel L. Grover

    Mr. Grover, 62, has complete loss of vision in his right eye due to 
a traumatic incident sustained as a child. The best corrected visual 
acuity in his left eye is 20/20. Following an examination in 2011, his 
ophthalmologist noted, ``There is no significant ocular disease in his 
left eye that should interfere with his ability to continue to maintain 
his driving privileges.'' Mr. Grover reported that he has driven 
straight trucks for 20 years, accumulating 680,000 miles. He holds a 
Class A CDL from Kansas. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

James E. Modaffari

    Mr. Modaffari, 64, has had optic nerve atrophy 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 ophthalmologist noted, ``In my medical 
opinion, Mr. Modaffari has sufficient vision to perform the driving 
tasks required to operate a commercial motor vehicle.'' Mr. Modaffari 
reported that he has driven straight trucks for 6 years, accumulating 
3,000 miles, and tractor-trailer combinations for 35 years, 
accumulating 5,889,800 miles. He holds a Class A CDL from Oregon. 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 13 mph.

Gerardus C. Molenaar

    Mr. Molenaar, 59, has complete loss of vision in his right eye 
since childhood. The best corrected visual acuity in his right eye is 
light perception only, and in his left eye, 20/20. Following an 
examination in 2011, his ophthalmologist noted, ``It is my opinion that 
Gerardus C. Molenaar has sufficient vision to perform driving tasks 
required to operate a commercial vehicle.'' Mr. Molenaar reported that 
he has driven straight trucks for 25 years, accumulating 50,000 miles. 
He holds a Class C operator's license from Pennsylvania. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

James J. Narkewich

    Mr. Narkewich, 55, has had presbyopia and epiretinal membrane in 
his right eye since childhood. The best corrected visual acuity in his 
right eye is 20/200, and in his left eye, 20/20. Following an 
examination in 2012, his optometrist noted, ``I believe Mr. Narkewich 
has sufficient vision to operate a commercial vehicle, however it is 
ultimately up to the Federal Motor Safety Administration to decide 
whether Mr. Narkewich is able to operate a commercial vehicle.'' Mr. 
Narkewich reported that he has driven straight trucks for 5 years, 
accumulating 40,000 miles. He holds a Class D operator's license from 
Massachusetts. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Philip N. Polcastro

    Mr. Polcastro, 57, has had an enucleation of his left eye since 
childhood. The best corrected visual acuity in his right eye is 20/20. 
Following an examination in 2011, his ophthalmologist noted, 
``Therefore, Mr. Polcastro has sufficient vision to operate a 
commercial vehicle.'' Mr. Polcastro reported that he has driven 
straight trucks for 38 years, accumulating 2,584,000 miles, and 
tractor-trailer combinations for 38 years, accumulating 1,140,000 
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.

Gregory A. Reinert

    Mr. Reinert, 49, has retinal detachment in his left eye due to a 
traumatic incident that occurred as a child. The best corrected visual 
acuity in his right eye is 20/20, and in his left eye, 20/200. 
Following an examination in 2011, his optometrist noted, ``In my 
professional opinion, Mr. Reinert has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle with no 
limitations.'' Mr. Reinert reported that he has driven straight trucks 
for 28 years, accumulating 280,000 miles, and tractor-trailer 
combinations for 28 years, accumulating 1,120,000 miles. He holds a 
Class A CDL from Minnesota. His driving record for the last 3 years 
shows one crash, which he was not cited for, and no convictions for 
moving violations in a CMV.

Scott J. Schlenker

    Mr. Schlenker, 50, has severe retinal damage in his right eye from 
a traumatic injury sustained in 1981. The best corrected visual acuity 
in his right eye is finger count vision and in his left eye, 20/20. 
Following an examination in 2012, his optometrist noted, ``In my 
opinion, Mr. Schlenker has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Schlenker 
reported that he has driven straight trucks for 15 years, accumulating 
300,000 miles. He holds a Class B CDL from Washington. 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 July 5, 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 24, 2012.
 Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2012-13415 Filed 6-1-12; 8:45 am]
BILLING CODE 4910-EX-P