[Federal Register Volume 77, Number 15 (Tuesday, January 24, 2012)]
[Notices]
[Pages 3552-3554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-1390]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2011-0365]
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 thirteen
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 February 23, 2012.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2011-0365 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 Program
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 thirteen 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
Daniel C. Berry
Mr. Berry, age 46, has had a prosthetic right eye due to a
traumatic injury sustained in childhood. The best corrected visual
acuity in left eye, 20/20. Following an examination in 2011, his
optometrist noted, ``Mr. Berry has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Berry
reported that he has driven straight trucks for 27 years, accumulating
540,000 miles and tractor-trailer combinations for 27 years,
accumulating 540,000 miles. He holds a Class A Commercial Driver's
License (CDL) from Arkansas. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a
Commercial Motor Vehicle (CMV).
Jeffrey H. Bohr
Mr. Bohr, 42, has had a prosthetic left eye due to a traumatic
injury sustained in 1987. The best corrected visual acuity in his right
eye is 20/20. Following an examination in 2011, his optometrist noted,
``As previously stated Mr. Bohr has completely normal vision in his
right eye and should be able to perform
[[Page 3553]]
driving tasks in a commercial vehicle safely.'' Mr. Bohr reported that
he has driven straight trucks for 7 years, accumulating 385,000 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.
William J. Byron
Mr. Byron, 66, has had a macular scar in his right eye due to a
traumatic injury sustained in 1977. The best corrected visual acuity in
his right eye is 20/125 and in his left eye, 20/20. Following an
examination in 2011, his ophthalmologist noted, ``Based on his history
and my clinical exams for nearly two years, it is my opinion that Mr.
Byron has sufficient vision to safely drive a commercial vehicle.'' Mr.
Byron reported that he has driven straight trucks for 10 years,
accumulating 120,000 miles and tractor-trailer combinations for 27
years, accumulating 2.295 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.
Michael P. Callihan
Mr. Callihan, 49, has had amblyopia in his right eye since
childhood. The best corrected visual acuity in his right eye is 20/70
and in his left eye, 20/20. Following an examination in 2011, his
optometrist noted, ``Upon review of Mr. Callihan's test results I
believe that in my medical opinion, he has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr.
Callihan reported that he has driven straight trucks for 20 years,
accumulating 150,000 miles. He holds a Class B CDL from Ohio. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
John Edmondson
Mr. Edmondson, 66, has had amblyopia in left eye since childhood.
The best corrected visual acuity in his right eye is 20/400 and in his
left eye, 20/25. Following an examination in 2011, his optometrist
noted, ``In my medical opinion Mr. Edmondson has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Edmondson reported that he has driven tractor-trailer combinations
for 37 years, accumulating 925,000 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.
Richard P. Frederiksen
Mr. Frederiksen, 29, has had a prosthesis left eye since age 3 due
to a traumatic injury. The best corrected visual acuity in his right
eye is 20/120. Following an examination in 2011, his optometrist noted,
``In my professional opinion, Mr. Frederiksen has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Frederiksen reported that he has driven tractor-trailer
combinations for 11 years, accumulating 550,000 miles. He holds a Class
A CDL from Wyoming. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Stephen J. Hall
Mr. Hall, 46, has had amblyopia in his right eye due since
childhood. The best corrected visual acuity in his right eye is 20/150
and in his left eye, 20/20. Following an examination in 2011, his
optometrist noted, ``I certify that Stephen James Hall, in my medical
opinion, has sufficient vision at this point in time to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Hall
reported that he has driven straight trucks for 22 years, accumulating
1.1 million miles and tractor-trailer combinations for 22 years,
accumulating 1.65 million miles. He holds a Class A CDL from
Washington. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Lonnie B. Hicks, Jr.
Mr. Hicks, 33, has had congenial optic atrophy in his right eye
since birth. The best corrected visual acuity in his right eye is hand
motion vision and in his left eye, 20/20. Following an examination in
2011, his optometrist noted, ``Mr. Hicks has had this condition since
birth and has sufficient vision to continue operating a commercial
vehicle.'' Mr. Hicks reported that he has driven straight trucks for 15
years, accumulating 270,000 miles and tractor-trailer combinations for
15 years, accumulating 198,000. He holds a Class D operator's license
from Oklahoma. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Samuel V. Holder
Mr. Holder, 61, has had ocular hypertension in his right eye since
2009 and retinal detachment in his left eye since 2006. 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 ophthalmologist noted,
``I felt his vision was good enough to drive a commercial or personal
vehicle. I certify his vision is good enough to do this.'' Mr. Holder
reported that he has driven straight trucks for 10 years, accumulating
200,000 miles and tractor-trailer combinations for 41 years,
accumulating 3.5 million miles. He holds a Class A CDL from Illinois.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Timothy L. Klompien
Mr. Klompien, 51, has had a retina detachment in his right eye due
to a traumatic injury sustained in 2006. 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 ophthalmologist noted, ``I feel he has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Klompien reported that he has driven straight
trucks for 5 years, accumulating 150,000 miles and tractor-trailer
combinations for 15 years, accumulating 1.05 million 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.
Jerry L. Pettijohn
Mr. Pettijohn, 62, has had cataracts in his right eye since 1987.
The best corrected visual acuity in his right eye is hand motion vision
and in his left eye, 20/20. Following an examination in 2011, his
optometrist noted, ``I certify that in my medical opinion, Jerry
Pettijohn does have sufficient vision to perform the driving tasks
required to operate a commercial vehicle and should qualify for a
vision exemption.'' Mr. Pettijohn reported that he has driven straight
trucks for 44 years, accumulating 880,000 miles and tractor-trailer
combinations for 17 years, accumulating 935,000 miles and buses for 5
years accumulating 25,000 miles. He holds a Class D operator's license
from Oklahoma. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Jake Richter
Mr. Richter, 27, has had corneal scarring in his left eye since
1999. 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 optometrist
noted, ``My medical opinion is that Mr. Richter has sufficient vision
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Richter reported that he has driven straight trucks for
12 years,
[[Page 3554]]
accumulating 9,000 miles and tractor-trailer combinations for 3 years,
accumulating 18,000 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.
Bradley S. Sanders
Mr. Sanders, 43, has had amblyopia in his left eye since birth. The
best corrected visual acuity in his right eye is 20/20 and in his left
eye, 20/60. Following an examination in 2011, his ophthalmologist
noted, ``At this time, given Mr. Bradley Sanders' visual acuity
bilaterally, the patient has sufficient vision to perform the driving
tasks to operate a commercial vehicle.'' Mr. Sanders reported that he
has driven straight trucks for 8 years, accumulating 21,840 miles. He
holds a Class D operator's license from New Mexico. 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 February 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: January 13, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-1390 Filed 1-23-12; 8:45 am]
BILLING CODE 4910-EX-P