Qualification of Drivers; Exemption Applications; Vision

Topics:  Federal Motor Carrier Safety Administration

Larry W. Minor
October 21, 2010

[Federal Register: October 21, 2010 (Volume 75, Number 203)]
[Notices]               
[Page 65057-65059]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21oc10-100]                         

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0327]

 
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 16 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 standard.

DATES: Comments must be received on or before November 22, 2010.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2010-0327 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: Dr. Mary D. Gunnels, Director,
    Medical Programs, (202) 366-4001, fmcsamedical@dot.gov, 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 16 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

Jeisson Agudelo-Ortiz

    Mr. Agudelo-Ortiz, age 31, has had a prosthetic left eye since 
birth. The best corrected visual acuity in his right eye is 20/20. 
Following an examination in

[[Page 65058]]

2010, his ophthalmologist noted, ``I believe the patient has the 
ability to operate a commercial vehicle despite loss of the left eye 
and has done so successfully for many years.'' Mr. Agudelo-Ortiz 
reported that he has driven straight trucks for 2 years, accumulating 
9,600 miles and buses for 2 years, accumulating 14,000 miles. He holds 
a Class C Commercial Driver's License (CDL) from New York. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Charles L. Alsager, Jr.

    Mr. Alsager, 47, has had retinal scarring in his left eye since 
1985. The best corrected visual acuity in his right eye is 20/20 and in 
his left eye, 20/400. Following an examination in 2010, his optometrist 
noted, ``I certify that Charles has sufficient vision to operate a 
commercial vehicle, in my opinion.'' Mr. Alsager reported that he has 
driven straight trucks for 3 years, accumulating 78,000 miles and 
tractor-trailer combinations for 6 months, accumulating 1,500 miles. He 
holds a Class A CDL from Iowa. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Eddie A. Branham

    Mr. Branham, 42, has had loss of vision in his right eye since 
childhood. The best corrected visual acuity in his right eye is count-
finger vision only, in his left eye, 20/20. Following an examination in 
2010, his optometrist noted, ``He has been driving safely for many 
years with glasses and should continue to be able to operate a 
commercial vehicle safely in this manner.'' Mr. Branham reported that 
he has driven straight trucks for 14 years, accumulating 280,000 miles 
and tractor-trailer combinations for 14 years, accumulating 140,000 
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.

Charlene Brown

    Ms. Brown, 47, has had amblyopia in her left eye since childhood. 
The best corrected visual acuity in her right eye is 20/20 and in her 
left eye, 20/200. Following an examination in 2010, her optometrist 
noted, ``It is this offices finding that Charlene Brown has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Ms. Brown reported that she has driven straight trucks for 3 
years, accumulating 129,000 miles. She holds a Class C operator's 
license from Kansas. Her driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Nathan A. Buckles

    Mr. Buckles, 34, has had choreoretinal scarring in his right eye 
since 1998 due to trauma. The best corrected visual acuity in his right 
eye is 20/200 and in his left eye, 20/20. Following an examination in 
2010, his optometrist noted, ``In my opinion, Nathan has sufficient 
vision to perform the driving tasks required of a commercial driver.'' 
Mr. Buckles reported that he has driven straight trucks for 13 years, 
accumulating 25,000 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.

Dale H. Dattler

    Mr. Dattler, 55, has had complete loss of vision in his right eye 
since childhood due trauma. The best corrected visual acuity in his 
left eye is 20/20. Following an examination in 2010, his 
ophthalmologist noted, ``In my medical opinion, he has sufficient 
vision to perform driving tasks to operate a commercial vehicle.'' Mr. 
Dattler reported that he has driven straight trucks for 25 years, 
accumulating 75,000 miles, and tractor-trailer combinations for 6 
years, accumulating 15,000 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.

Daryl Jonescheit

    Mr. Jonescheit, 68, 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, 20/25. Following an examination in 2010, his optometrist 
noted, ``There is no reason visually why Mr. Jonescheit cannot operate 
a commercial vehicle with his current stable ocular condition.'' Mr. 
Jonescheit reported that he has driven tractor-trailer combinations for 
42 years, accumulating 5 million miles. He holds a Class A CDL from 
South Dakota. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

John N. Lanning

    Mr. Lanning, 52, 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 2010, his 
optometrist noted, ``It appears that Mr. Lanning's vision would not 
hinder him from operating a commercial vehicle.'' Mr. Lanning reported 
that he has driven tractor-trailer combinations for 20 years, 
accumulating 2 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.

Cynthia K. Linson

    Ms. Linson, 47, has had amblyopia in her right eye since childhood. 
The best corrected visual acuity in her right eye is 20/300 and in her 
left eye, 20/20. Following an examination in 2010, her ophthalmologist 
noted, ``In my medical opinion she has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Ms. Linson 
reported that she has driven buses for 5 years, accumulating 52,000 
miles. She holds a Class B CDL from Illinois. Her driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Charles M. McDaris

    Mr. McDaris, 47, has had corneal scarring in his right eye since 
1970. The best corrected visual acuity in his right eye is 20/50 only 
and in his left eye, 20/20. Following an examination in 2010, his 
optometrist noted, ``In my opinion, Mr. McDaris has sufficient vision 
to perform the driving tasks required to operate a commercial vehicle 
in that his vision has remained stable at 20/50 in the right eye and 
20/20 in the left eye for many years, and he has continued to function 
without any difficulties.'' Mr. McDaris reported that he has driven 
straight trucks for 13 years, accumulating 733,200 miles and tractor-
trailer combinations for 13 years, accumulating 733,200 miles. He holds 
a Class A CDL from Georgia. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Calvin J. Schaap

    Mr. Schaap, 65, has had amblyopia in his right eye since birth. The 
best corrected visual acuity in his right eye is 20/200 only and in his 
left eye, 20/15. Following an examination in 2010, his optometrist 
noted, ``In my opinion, Mr. Schaap's vision is sufficient to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Schaap reported that he has driven straight trucks for 47 years, 
accumulating 3.7 million miles and tractor-trailer combinations for 46 
years, accumulating 460,000 miles. He holds a Class A CDL from 
Minnesota. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

[[Page 65059]]

Frederick C. Schultz, Jr.

    Mr. Schultz, 38, has had a prosthetic left eye since 1996. The best 
corrected visual acuity in his right eye is 20/20. Following an 
examination in 2010, his ophthalmologist noted, ``Mr. Schultz has 
sufficient vision to operate a commercial vehicle.'' Mr. Schultz 
reported that he has driven straight trucks for 16 years, accumulating 
166,400 miles, tractor-trailer combinations for 15 years, accumulating 
156,000 miles, and buses for 2 years, accumulating 20,000 miles. He 
holds a Class A CDL from New York. His driving record for the last 3 
years shows one crash and no convictions for moving violations in a 
CMV.

Steve C. Sinclair

    Mr. Sinclair, 60, has had amblyopia in his right eye since birth. 
The best corrected visual acuity in his right eye is 20/200 only and in 
his left eye, 20/15. Following an examination in 2010, his optometrist 
noted, ``In my opinion, Mr. Sinclair has demonstrated with his many 
long years of driving that his vision is sufficient to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Sinclair 
reported that he has driven straight trucks for 30 years, accumulating 
1.5 million miles. He holds a Class C operator's license from Iowa. His 
driving record for the last 3 years shows one crash and no convictions 
for moving violations in a CMV.

Eugene J. Smith, Jr.

    Mr. Smith, 57, has had histoplasmosis in his left eye since 1999. 
The best corrected visual acuity in his right eye is 20/15 only and in 
his left eye, 20/150. Following an examination in 2010, his 
ophthalmologist noted, ``The vision deficiency is stable at this time 
and is not expected to worsen. His right eye is entirely normal and he 
has 160 degrees of horizontal field in both eyes. This certifies 
medically that the patient has sufficient vision to perform any driving 
tasks and operate a commercial vehicle and should be allowed to perform 
these tasks.'' Mr. Smith reported that he has driven tractor-trailer 
combinations for 35 years, accumulating 5.2 million miles. He holds a 
Class A CDL from Wisconsin. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Daniel M. Veselitza

    Mr. Veselitza, 70, has had amblyopia in his left eye since 
childhood. The best corrected visual acuity in his right eye is 20/25 
only and in his left eye, 20/80. Following an examination in 2010, his 
optometrist noted, ``According to these guidelines his best-corrected 
visual acuity in the right eye is sufficient to perform driving tasks 
required to operate a commercial vehicle.'' Mr. Veselitza reported that 
he has driven straight trucks for 3 years, accumulating 33,000 miles. 
He holds a Class A CDL from Nevada. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

John E. Westbrook

    Mr. Westbrook, 60, has had amblyopia in his right eye since 
childhood and a prosthetic left eye since childhood. The best corrected 
visual acuity in his right eye is 20/30. Following an examination in 
2010, his optometrist noted, ``Patient, John Westbrook, does have 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Westbrook reported that he has driven 
straight trucks for 15 years, accumulating 900,000 miles and tractor-
trailer combinations for 10 years, accumulating 800,000 miles. He holds 
a Class A CDL from Louisiana. 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 November 22, 2010. 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: October 14, 2010.
Larry W. Minor,
Associate Administrator, Office of Policy and Program Development.
[FR Doc. 2010-26653 Filed 10-20-10; 8:45 am]
BILLING CODE 4910-EX-P