Qualification of Drivers; Exemption Applications; Vision |
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Topics: Federal Motor Carrier Safety Administration
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Larry W. Minor
Federal Register
June 10, 2011
[Federal Register Volume 76, Number 112 (Friday, June 10, 2011)]
[Notices]
[Pages 34136-34138]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-14460]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2011-0124]
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 13 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 July 11, 2011.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2011-0124 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
[[Page 34137]]
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 13 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
Eleazar R. Balli
Mr. Balli, age 49, has had retinal scarring in his left eye due to
a traumatic injury since childhood. The visual acuity in his right eye
is 20/20 and in the left eye, 20/70. Following an examination in 2011,
his optometrist noted, ``In my medical opinion, Mr. Balli has
sufficient vision to perform driving tasks required to operate a
commercial vehicle.'' Mr. Balli reported that he has driven tractor-
trailer combinations for 4 years, accumulating 52,000 miles. He holds a
Class A Commercial Drivers License (CDL) from Texas. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
James J. Doan
Mr. Doan, 41, has had optic nerve hypoplasia in his right eye since
childhood. The visual acuity in his right eye is hand motion vision and
in the left eye, 20/20. Following an examination in 2011, his
ophthalmologist noted, ``It is my medical opinion, that I find no
reason from an ocular standpoint why he cannot continue to drive
commercial vehicles.'' Mr. Doan reported that he has driven straight
trucks for 22 years, accumulating 4.4 million miles and tractor-trailer
combinations for 22 years, accumulating 330,000 miles. He holds a Class
A CDL from Pennsylvania. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.
James A. Ellis
Mr. Ellis, 54, has had cataract in his left eye since birth. The
best corrected visual acuity in his right eye is 20/20 and in his left
eye is 20/200. Following an examination in 2011, his optometrist noted,
``He has sufficient vision to drive a commercial vehicle.'' Mr. Ellis
reported that he has driven straight trucks for 36 years, accumulating
72,000 miles and tractor-trailer combinations for 34 years,
accumulating 3 million 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 M. Gamber
Mr. Gamber, 62, has had complete loss of vision in his left eye due
to a retinal vein occlusion since 2000. The visual acuity in his right
eye is 20/25. Following an examination in 2011, his ophthalmologist
noted, ``Mr. Gamber has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Gamber reported that he
has driven straight trucks for 43 years, accumulating 1.3 million
miles. He holds a Class B CDL from Missouri. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Michael R. Gartin
Mr. Gartin, 47, has had strabismic amblyopia in his right eye since
childhood. The best corrected visual acuity in his right eye is 20/200
and in the left eye, 20/15. Following an examination in 2010, his
optometrist noted, ``From these results, I believe Mr. Gartin does have
sufficient visual acuity, visual field, and color discrimination to
continue to safely operate a commercial vehicle.'' Mr. Gartin reported
that he has driven tractor-trailer combinations for 25 years,
accumulating 2.5 million miles. He holds a Class A CDL from Kentucky.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Dale L. Giardine
Mr. Giardine, 50, has had amblyopia in his right eye since
childhood. The best corrected visual acuity in his right eye is 20/200
and in the left eye, 20/25. Following an examination in 2010, his
optometrist noted, ``I believe he has sufficient vision and field of
vision to operate this vehicle for work.'' Mr. Giardine reported that
he has driven straight trucks for 26 years, accumulating 62,400 miles.
He holds a Class C operator's license from Pennsylvania. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.
Benjamin C. Hall
Mr. Hall, 62, has had complete loss of vision in his left eye due
to trauma since 2001. The visual acuity in his right eye is 20/20.
Following an examination in 2011, his optometrist noted, ``Mr. Hall, in
my medical opinion has sufficient vision to perform the driving tasks
to operate a commercial vehicle''. Mr. Hall reported that he has driven
straight trucks for 12[frac12] years, accumulating 337,500 miles. He
holds a Class C operator's license from California. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Richard A. McGuire
Mr. McGuire, 47, has had histoplasmosis in his right eye since
1997. The best corrected visual acuity in his right eye is 20/70 and in
the left eye, 20/20. Following an examination in 2011, his
ophthalmologist noted, ``In my medical opinion, he has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. McGuire reported that he has driven tractor-trailer
combinations for 26 years, accumulating 2 million miles. He holds a
Class A CDL from Kentucky. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Dennis L. Morgan
Mr. Morgan, 47, has had amblyopia in his right eye since childhood.
The best corrected visual acuity in his right eye is 20/400 and in the
left eye, 20/25. Following an examination in 2010, his optometrist
noted, ``I, Dr. Benjamin L. Waldo, O.D. certify that I have the medical
opinion that Mr. Morgan has sufficient vision to perform tasks required
to operate a commercial vehicle.'' Mr. Morgan reported that he has
driven straight trucks for 10 weeks, accumulating 15,000 miles and
tractor-trailer combinations for 4 years, accumulating 300,000 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.
Timothy A. Newberry
Mr. Newberry, 52, has had amblyopia in his left eye since
childhood. The best corrected visual acuity in his right eye is 20/20
and in his left eye, 20/100. Following an examination in 2010, his
optometrist noted, ``Patient has sufficient vision to operate
commercial vehicle''. Mr. Newberry reported that he has driven straight
trucks for 23 years, accumulating 230,000 miles. He holds a Class A CDL
from Ohio. His driving record for the last 3 years shows one crash, for
which he was cited, and no convictions for moving violations in a CMV.
[[Page 34138]]
Neville E. Owens
Mr. Owens, 44, has loss of vision in his left eye due to a
traumatic injury sustained as a child. The best corrected visual acuity
in his right eye is 20/15 and in the left eye, 20/200. Following an
examination in 2010, his optometrist noted, ``It is my opinion that Mr.
Owens has excellent vision in spite of limitations in the left eye. He
has an excellent driving record even with his CDL privileges.'' Mr.
Owens reported that he has driven straight trucks for 19 years,
accumulating 190,000 miles and tractor-trailer combinations for 15
years, accumulating 75,000 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.
Peter M. Shirk
Mr. Shirk, 28, has had exotropia in his right eye due to a
traumatic injury that occurred in 2003. The best corrected visual
acuity in his right eye is light perception and in the left eye, 20/20.
Following an examination in 2011, his optometrist noted, ``In my
opinion and based on the reported clean driving record, Peter seems to
have sufficient visual field and visual acuity to operate a commercial
vehicle.'' Mr. Shirk reported that he has driven straight trucks for 6
years, accumulating 150,000 miles. He holds a Class A CDL from
Pennsylvania. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Thomas C. Stromwall
Mr. Stromwall, 51, has aphakia and amblyopia in his left eye due to
cataract surgery at age 5. The best corrected visual acuity in his
right eye is 20/20 and in his left eye hand motion vision. Following an
examination in 2011, his optometrist noted, ``It is my opinion that Mr.
Stromwall has sufficient vision to safely perform the tasks required to
operate a commercial motor vehicle.'' Mr. Stromwall reported that he
has driven straight trucks for 33 years, accumulating 165,000 miles and
tractor-trailer combinations for 33 years, accumulating 2.5 million
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.
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 July 11, 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: June 2, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011-14460 Filed 6-9-11; 8:45 am]
BILLING CODE 4910-EX-P