[Federal Register Volume 77, Number 24 (Monday, February 6, 2012)]
[Notices]
[Pages 5874-5876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2509]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2011-0366]
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 twelve
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 March 7, 2012.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2011-0366 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 twelve individuals listed in this notice have each
requested such an exemption from the vision requirement in 49 CFR
[[Page 5875]]
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
Eugenio V. Bermudez
Mr. Bermudez, age 33, has had amblyopia in his right eye since
childhood. The best corrected visual acuity in right eye is 20/80 and
in his left eye, 20/20. Following an examination in 2011, his
ophthalmologist noted, ``I believe that he is capable of performing the
driving tasks required to operate a commercial vehicle.'' Mr. Bermudez
reported that he has driven straight trucks for 3\1/2\ years,
accumulating 175,000 miles. He holds a Class A Commercial Driver's
License (CDL) from Massachusetts. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
Commercial Motor Vehicle (CMV).
John A. Carroll, Jr.
Mr. Carroll, 48, has had a retinal artery occlusion in his right
eye sustained ten years ago. The best corrected visual acuity in right
eye is 20/80 and in his left eye, 20/20. Following an examination in
2011, his optometrist noted, ``I think Mr. John Carroll's vision is
sufficient to perform commercial driving.'' Mr. Carroll reported that
he has driven straight trucks for 6 years, accumulating 180,000 miles
and tractor-trailer combinations for 26 years, accumulating 780,000
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.
Mark W. Crocker
Mr. Crocker, 53, has had glaucoma in his right eye since 2007. The
best corrected visual acuity in right eye is 20/400 and in his left
eye, 20/20. Following an examination in 2011, his optometrist noted,
``I feel his vision is sufficient to operate a commercial vehicle at
this time.'' Mr. Crocker reported that he has driven tractor-trailer
combinations for 34 years, accumulating 3.4 million miles. He holds a
Class A CDL from Tennessee. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Johnny Dillard
Mr. Dillard, 50, has had a prosthetic right eye due to a traumatic
injury sustained in 1974. The best corrected visual acuity in left eye,
20/20. Following an examination in 2011, his optometrist noted, ``At
this time, I consider Mr. Dillard to demonstrate sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Dillard reported that he has driven straight trucks for 31 years,
accumulating 620,000 miles and tractor-trailer combinations for 31
years, accumulating 1.24 million miles. He holds a Class A CDL from
South Carolina. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Keith J. Haaf
Mr. Haaf, 52, has had a prosthetic left eye due to a traumatic
injury sustained in 1989. The best corrected visual acuity in right eye
is 20/20. Following an examination in 2011, his ophthalmologist noted,
``We do feel that the patient has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Haaf
reported that he has driven straight trucks for 23 years, accumulating
1.6 million miles. He holds a Class B CDL from Virginia. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.
Edward M. Jurek
Mr. Jurek, 45, has had macular scar in his right eye due to a
traumatic injury sustained when he was 8 years old. The best corrected
visual acuity in right eye is 20/200 and in his left eye, 20/20.
Following an examination in 2011, his optometrist noted, ``In my
opinion Mr. Jurek has sufficient vision to perform the driving tasks
required to operate a commercial vehicle; as he has driven a commercial
vehicle for many years without a problem.'' Mr. Jurek reported that he
has driven straight trucks for 17 years, accumulating 153,000 miles and
tractor-trailer combinations for 17 years, accumulating 153,000 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.
Allen J. Kunze
Mr. Kunze, 64, has had complete loss of vision in his left eye due
to a traumatic injury sustained in 2008. The best corrected visual
acuity in right eye is 20/20 and in his left eye, finger-count vision.
Following an examination in 2011, his optometrist noted, ``Mr. Kunez
does have sufficient vision to operate a commercial vehicle.'' Mr.
Kunez reported that he has driven straight trucks for 54 years,
accumulating 1.35 million miles and tractor-trailer combinations for 17
years, accumulating 595,000 miles. He holds a Class A CDL from North
Dakota. His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Jack W. Murphy, Jr.
Mr. Murphy, 56, has had a retinal artery occlusion in his left eye
sustained in 2006. The best corrected visual acuity in right eye is 20/
15 and in his left eye, 20/200. Mr. Murphy reported that he has driven
tractor-trailer combinations for 26 years, accumulating 2.6 million
miles. He holds a Class A CDL from Ohio. His driving record for the
last 3 years shows one crash in a CMV, for which he was cited for an
unsecured load, and no other convictions for moving violation in a CMV.
Mark A. Smalls
Mr. Smalls, 41, has had a prosthetic right eye due to a traumatic
injury sustained 14 years ago. The best corrected visual acuity in left
eye, 20/20. Following an examination in 2011, his optometrist noted,
``In my opinion, I feel Mark has sufficient visual activity and visual
field to operate a commercial motor vehicle.'' Mr. Smalls reported that
he has driven straight trucks for 8 years, accumulating 275,600 miles
and tractor-trailer combinations for 2 years, accumulating 68,900
miles. He holds a Class A CDL from Georgia. His driving record for the
last 3 years shows one crash for which he was cited for having an
unsecure load while in a CMV.
Glenn R. Theis
Mr. Theis, 42, has had amblyopia in his right eye since childhood.
The best corrected visual acuity in right eye is 20/200 and in his left
eye, 20/25. Following an examination in 2011, his optometrist noted,
``It is my opinion that he has adapted to his amblyopiua or reduced
vision in his right eye and can safely perform driving tasks required
to operate a commercial motor vehicle.'' Mr. Theis reported that he has
driven straight trucks for 4 years, accumulating 135,200 miles. He
holds a Class D operator's license from Minnesota. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Peter A. Troyan
Mr. Troyan, 30, has had amblyopia in his left eye since childhood.
The best corrected visual acuity in right eye is 20/20 and in his left
eye, 20/200. Following an examination in 2011, his optometrist noted,
``Patient has good
[[Page 5876]]
vision field and 20/20 correction OU, good for driving tasks of
commercial vehicles.'' Mr. Troyan reported that he has driven straight
trucks for 8 years, accumulating 8,000 miles and tractor-trailer
combinations for 5 years, accumulating 175,000 miles. He holds a Class
A CDL from Michigan. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Gary Vines
Mr. Vines, 47, has had complete loss of vision in his left eye due
to a traumatic injury sustained 30 years ago. The best corrected visual
acuity in right eye is 20/20 and in his left eye, hand motion vision.
Following an examination in 2011, his ophthalmologist noted, ``He
certainly has excellent right eye monocular vision that should be
sufficient to operate that sort of vehicle.'' Mr. Vines reported that
he has driven straight trucks for 35 years, accumulating 2.8 million
miles and tractor-trailer combinations for 20 years, accumulating 1.5
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.
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 March 7, 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 20, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-2509 Filed 2-3-12; 8:45 am]
BILLING CODE 4910-EX-P