[Federal Register Volume 77, Number 177 (Wednesday, September 12, 2012)]
[Notices]
[Pages 56261-56262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22461]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0216]


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. They are unable to meet the vision requirement in 
one eye for various reasons. The exemptions will enable these 
individuals to operate commercial motor vehicles (CMVs) in interstate 
commerce without meeting the prescribed vision requirement in one eye. 
If granted, the exemptions would enable these individuals to qualify as 
drivers of commercial motor vehicles (CMVs) in interstate commerce.

DATES: Comments must be received on or before October 12, 2012.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2012-0216 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 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

Donald L. Blakeley II

    Mr. Blakeley, age 60, has had loss of vision in his left eye due to 
a traumatic incidence that occured in 1990. The best corrected visual 
acuity in his right eye

[[Page 56262]]

is 20/15, and in his left eye, 20/200. Following an examination in 
2012, his ophthalmologist noted, ``I certify in my opinion, which 
includes your twenty years experience with this condition, that you 
have sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Blakeley reported that he has driven 
straight trucks for 44 years, accumulating 528,000 miles, and tractor-
trailer combinations for 35 years, accumulating 420,000 miles. He holds 
a Class A Commercial Driver's License (CDL) from Nevada. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Paul M. Griffey

    Mr. Griffey, 59, has loss of vision in his left eye due to retinal 
necrosis sustained in 1996. The best corrected visual acuity in his 
right eye is 20/25, and in his left eye, light perception only. 
Following an examination in 2012, his ophthalmologist noted, ``He has 
been operating a commercial vehicle with this level of vision for that 
period of time and it is my feeling that he has the ability to continue 
to operate a commercial vehicle.'' Mr. Griffey reported that he has 
driven straight trucks for 2 years, accumulating 300,000 miles, and 
tractor-trailer combinations for 38 years, accumulating 6.1 million 
miles. He holds a Class A CDL from Missouri. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Roger S. Hardin

    Mr. Hardin, 41, has had amblyopia in his right eye since childhood. 
The best corrected visual acuity in his right eye is 20/60, and in his 
left eye, 20/20. Following an examination in 2012, his optometrist 
noted, ``It is my professional opinion that Mr. Hardin has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Hardin reported that he has driven tractor-trailer 
combinations for 15 years, accumulating 1.9 million miles. He holds a 
Class D operator's license from Alabama. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Stephen J. Hodge

    Mr. Hodge, 53, has had corneal scarring 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, ``Therefore, Mr. Hodge does have sufficient field of 
vision to perform the driving tasks required to operate a vehicle, 
personal or commercial.'' Mr. Hodge reported that he has driven 
straight trucks for 20 years, accumulating 600,000 miles. He holds a 
Class C operator's license from Maine. His driving record for the last 
3 years shows no crashes and no convictions for moving violations in a 
CMV.

Matthew J. Mantooth

    Mr. Mantooth, 44, has had fibrotic scarring due to toxoplasmosis in 
his right eye since childhood. The visual acuity in his right eye is no 
light perception, and in his left eye, 20/20. Following an examination 
in 2012, his optometrist noted, ``Patient's vision is medically 
sufficient to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Mantooth reported that he has driven straight 
trucks for 24 years, accumulating 624,000 miles, and tractor-trailer 
combinations for 6 months, accumulating 10,500 miles. He holds a Class 
D CDL from Kentucky. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

James J. Monticello

    Mr. Monticello, 48, has a traumatic ruptured globe in his right eye 
due to an accident sustained in 2008. The visual acuity in his right 
eye is light perception only, and in his left eye, 20/20. Following an 
examination in 2012, his ophthalmologist noted, ``Based on the 
requirements listed here, with 20/20 vision and a full field of at 
least 160[deg] in his left eye combined with his past experience, I 
feel he has sufficient vision to operate a commercial vehicle.'' Mr. 
Monticello reported that he has driven straight trucks for 5[frac12] 
years, accumulating 247,500 miles, and tractor-trailer combinations for 
3[frac12] years, accumulating 332,500 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 J. Wells

    Mr. Wells, 56, has had refractive amblyopia in his right eye since 
childhood. The best corrected visual acuity in his right eye is hand 
motion vision, and in his left eye, 20/20. Following an examination in 
2012, his optometrist noted, ``It is my professional opinion that 
Michael's vision is satisfactory for him to hold a commercial driver's 
license and drive safely.'' Mr. Wells reported that he has driven 
straight trucks for 40 years, accumulating 880,000 miles, and tractor-
trailer combinations for 20 years, accumulating 240,000 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.

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 October 12, 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: September 4, 2012.
 Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2012-22461 Filed 9-11-12; 8:45 am]
BILLING CODE 4910-EX-P