Qualification of Drivers; Exemption Applications; Vision |
|---|
|
Larry W. Minor
Federal Motor Carrier Safety Administration
January 10, 2011
[Federal Register: January 10, 2011 (Volume 76, Number 6)]
[Notices]
[Page 1493-1495]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10ja11-115]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2010-0413]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of Applications for exemptions; request for comments.
-----------------------------------------------------------------------
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 February 9, 2011.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2010-0413 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
Michael L. Ballantyne
Mr. Ballantyne, age 55, has had refractive 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 2010,
his optometrist noted, ``In my medical opinion has
[[Page 1494]]
sufficient vision to operate commercial vehicle.'' Mr. Ballantyne
reported that he has driven straight trucks for 30 years, accumulating
750,000 miles. He holds a Class B Commercial Driver's License (CDL)
from Missouri. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Terry Brown
Mr. Brown, 47, has had amblyopia in his left eye due to an injury
sustained in 1996. 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, ``The vision is more than adequate in his right
eye to perform his duties as a commercial truck driver.'' Mr. Brown
reported that he has driven straight trucks for 2 years, accumulating
20,000 miles and tractor-trailer combinations for 20 years accumulating
1.4 million miles. He holds a Class D operator's license from South
Carolina. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Delbert M. Carson
Mr. Carson, 65, has had histoplasmosis in his right eye since
birth. The best corrected visual acuity in his right eye is 20/800 and
in his left eye, 20/25. Following an examination in 2010, his
optometrist noted, ``In my medical opinion, Mr. Delbert Carson has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Carson reported that he has driven tractor-
trailer combinations for 43 years, accumulating 430 million miles. He
holds a Class F operator's license from South Carolina. His driving
record for the last 3 years shows no crashes and one conviction for a
moving violation in a CMV. He exceeded the speed limit by 13 mph.
Wingson Chang
Mr. Chang, 39, has had refractive amblyopia in his left eye since
childhood. The best corrected visual acuity in his right eye is 20/20
and in his left eye, 20/60. Following an examination in 2010, his
optometrist noted, ``In my medical opinion, Mr. Chang has sufficient
vision with both eyes working together to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Chang reported that he
has driven straight trucks for 21 years, accumulating 7.6 million
miles. He holds a Class B CDL from New Jersey. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Richard C. Dickinson
Mr. Dickinson, 55, has had amblyopia in his right eye since birth.
The best corrected visual acuity in his right eye is 20/50 and in his
left eye, 20/20. Following an examination in 2010, his optometrist
noted, ``This is to certify that, in my opinion, Richard C. Dickinson
has sufficient vision to perform driving tasks required to operate a
commercial vehicle.'' Mr. Dickinson reported that he has driven
straight trucks for 6 years, accumulating 30,000 miles and tractor-
trailer combinations for 6 years accumulating 30,000 miles. He holds a
Class B CDL from Georgia. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.
Richard A. Guthrie
Mr. Guthrie, 52, has had a prosthetic left eye since childhood. The
best corrected visual acuity in his right eye is 20/20. Following an
examination in 2010, his optometrist noted, ``In my opinion, Richard
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Guthrie reported that he has driven
straight trucks for 15 years, accumulating 300,000 miles and tractor-
trailer combinations for 20 years accumulating 700,000 miles. He holds
a Class D operator's license from Montana. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Kenneth L. Handy
Mr. Handy, 68, has had nuclear sclerosis cataract and amblyopia in
his right eye since childhood. The best corrected visual acuity in his
right eye is 20/250 and in his left eye, 20/20. Following an
examination in 2010, his ophthalmologist noted, ``I believe he has
sufficient vision to perform driving tasks required to operate a
commercial vehicle.'' Mr. Handy reported that he has driven straight
trucks for 8 years, accumulating 200,000 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.
Thomas J. Ivins
Mr. Ivins, 53, has had central serous retinopathy in his left eye
since 2004. The best corrected visual acuity in his right eye is 20/20
and in his left eye, 20/100. Following an examination in 2010, his
optometrist noted, ``In my opinion, Mr. Ivins has sufficient vision to
perform the tasks required to safely operate a commercial vehicle.''
Mr. Ivins reported that he has driven straight trucks for 5 years,
accumulating 312,500 miles and tractor-trailer combinations for 28
years accumulating 5 million miles. He holds a Class A CDL from
Florida. His driving record for the last 3 years shows no crashes and
one conviction for a moving violation in a CMV. He exceeded the speed
limit by 9 mph.
Byron K. Lavender
Mr. Lavender, 44, has had ambloypia in his right eye since
childhood. The best corrected visual acuity in his right eye is 20/100
and in his left eye, 20/15. Following an examination in 2010, his
optometrist noted, ``In my opinion, Bryon has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Lavender reported that he has driven straight trucks for 20 years,
accumulating 800,000 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.
Victor M. McCants
Mr. McCants, 43, has had macular drusen in his right eye since
1997. The visual acuity in his right eye is 20/50 and in his left eye,
20/20. Following an examination in 2010, his optometrist noted, ``With
20/20 vision obtained without any glasses and 140 degrees peripheral
vision, I feel he should not have any trouble driving a commercial
vehicle.'' Mr. McCants reported that he has driven tractor-trailer
combinations for 17 years, accumulating 816,000 miles. He holds a Class
A CDL from Alabama. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
William K. Otwell
Mr. Otwell, 47, has had complete loss of vision in his right eye
since childhood. The best corrected visual acuity in his right eye is
light perception and in his left eye, 20/20. Following an examination
in 2010, his optometrist noted, ``I feel that his vision is adequate to
operate a commercial vehicle.'' Mr. Otwell reported that he has driven
straight trucks for 16 years, accumulating 720,000 miles. He holds a
Class B CDL from Louisiana. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Donald R. Pointer
Mr. Pointer, 32, has had a prosthetic left eye since childhood. The
visual acuity in his right eye is 20/20.
[[Page 1495]]
Following an examination in 2010, his optometrist noted, ``It is my
medical opinion that Mr. Pointer has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Pointer
reported that he has driven straight trucks for 5 years, accumulating
13,000 miles. He holds a Class A CDL from Colorado. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Steve A. Reece
Mr. Reece, 48, has had a retinal detachment in his left eye due to
an injury sustained in 1991. The best corrected visual acuity in his
right eye is 20/20 and in his left eye, 20/200. Following an
examination in 2010, his ophthalmologist noted, ``I feel that his
vision should be sufficient to perform the driving tasks he has been
doing for the past 19 years.'' Mr. Reece reported that he has driven
straight trucks for 25 years, accumulating 200,000 miles and tractor-
trailer combinations for 21 years accumulating 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.
Thomas S. Roth
Mr. Roth, 50, has had a prosthetic right eye since childhood. The
visual acuity in his right eye is hand motion and in his left eye, 20/
20. Following an examination in 2010, his optometrist noted, ``In my
medical opinion and the guidelines set by the State of Pennsylvania,
Mr. Roth has sufficient vision to perform the drivers tasks required to
operate a commercial vehicle.'' Mr. Roth reported that he has driven
straight trucks for 27 years, accumulating 405,000 miles and tractor-
trailer combinations for 24 years accumulating 120,000 miles. He holds
a Class A CDL from Delaware. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Mark A. Steckmyer
Mr. Steckmyer, 47, has had optic atrophy secondary to optic
neuritis in his left eye since 1984. The visual acuity in his right eye
is 20/20 and in his left eye, count- finger vision. Following an
examination in 2010, his optometrist noted, ``He has sufficient vision
to perform driving tasks required to operate a commercial vehicle due
to the stable and longstanding nature of his injury.'' Mr. Steckmyer
reported that he has driven straight trucks for 8 years, accumulating
70,200 miles. He holds a Class B CDL from Kentucky. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
James M. Tennyson
Mr. Tennyson, 60, has had Kerataconus and a failed corneal graft in
his left eye since birth. The best corrected visual acuity in his right
eye is 20/25 and in his left eye, hand motion. Following an examination
in 2010, his ophthalmologist noted, ``I feel in my professional opinion
that with his visual acuity he will be able to operate a commercial
vehicle.'' Mr. Tennyson reported that he has driven straight trucks for
44 years, accumulating 528,000 miles. He holds a Class C operator's
license from Maryland. 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 9, 2011. 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: December 29, 2010.
Larry W. Minor,
Associate Administration, Office of Policy.
[FR Doc. 2011-245 Filed 1-7-11; 8:45 am]
BILLING CODE 4910-EX-P