[Federal Register Volume 75, Number 115 (Wednesday, June 16, 2010)]
[Notices]
[Pages 34209-34213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14537]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2010-0114]
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 30 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 16, 2010.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-
[[Page 34210]]
2010-0114 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 acknowledgment 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 the DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19476). This information is
also available at http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs, (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 30 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
David E. Balboni
Mr. Balboni, age 41, has had amblyopia in his right eye since
birth. The best corrected visual acuity in his right eye is 20/400 and
in his left eye, 20/20. Following an examination in 2010, his
ophthalmologist noted, ``This small limitation of his central field in
the right eye should not in any way impair his ability to drive a
commercial vehicle.'' Mr. Balboni reported that he has driven straight
trucks for 15 years, accumulating 750,000 miles. He holds a Class B
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 CMV.
Mark S. Berkheimer
Mr. Berkheimer, 47, has complete loss of vision in his right eye.
The best corrected visual acuity in his left eye is 20/20. Following an
examination in 2010, his optometrist noted, ``Mr. Berkheimer has safely
driven commercial vehicles for a number of years without incident. It
continues to be my medical opinion that he should be able to continue
to operate a commercial vehicle and be approved for an exemption.'' Mr.
Berkheimer reported that he has driven straight trucks for 21 years,
accumulating 627,186 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.
Rodney H. Bridges
Mr. Bridges, 39, has had amblyopia in his right eye since
childhood. The best corrected visual acuity in his right eye is 20/400
and in his left eye, 20/20. Following an examination in 2009, his
optometrist noted, ``In my medical opinion, Mr. Bridges' vision is
sufficient to perform the driving tasks to operate a commercial
vehicle.'' Mr. Bridges reported that he has driven straight trucks for
20 years, accumulating 700,000 miles and tractor-trailer combinations
for 17 years accumulating 255,000 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.
James D. Broadway
Mr. Broadway, 41, has had amblyopia in his right eye since
childhood. 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, Mr. Broadway is visually capable of
driving safely.'' Mr. Broadway reported that he has driven straight
trucks for 3.5 years, accumulating 42,000 miles. He holds a Class D
chauffeur's license from Louisiana. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Wesley M. Creamer
Mr. Creamer, 46, has had glaucoma and angle recession in his left
eye since childhood. The best corrected visual acuity in his right eye
is 20/20 and in his left eye, 20/300. Following an examination in 2010,
his optometrist noted, ``I believe he has sufficient vision to perform
the driving tasks to operate a commercial vehicle.'' Mr. Creamer
reported that he has driven straight trucks for 15 years, accumulating
75,000 miles and tractor-trailer combinations for 18 years,
accumulating 270,000 miles. He holds a Class A CDL from New Mexico. His
driving record for the last 3 years shows no crashes and two
convictions for speeding in a CMV. In one instance, he exceeded the
speed limit by 14 miles per hour (mph) and in the other by 8 mph.
Charles M. Dunn
Mr. Dunn, 46, has had macular scarring in his left eye since 1990.
The best corrected visual acuity in his right eye is 20/16 and in his
left eye, hand-motion vision. Following an examination in 2010, his
optometrist noted, ``In my medical opinion, Mr. Dunn has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Dunn reported that he has driven straight trucks for 30
years, accumulating 3 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
[[Page 34211]]
convictions for moving violations in a CMV.
Tony K. Ellis
Mr. Ellis, 57, has had optic atrophy in his right eye since 1995.
The best corrected visual acuity in his right eye is 20/60 and in his
left eye, 20/15. Following an examination in 2010, his ophthalmologist
noted, ``I believe his vision is sufficient for him to operate a
commercial vehicle safely.'' Mr. Ellis reported that he has driven
tractor-trailer combinations for 38 years, accumulating 3.8 million
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.
Leonard J. Ferrin
Mr. Ferrin, 25, has had retinal scarring in his left eye since age
14. 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 optometrist
noted, ``In my medical opinion, Leonard has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Ferrin reported that he has driven straight trucks for 1 year,
accumulating 5,000 miles and tractor-trailer combinations for 5 years,
accumulating 125,000 miles. He holds a Class A CDL from Utah. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Paul A. Giarrusso
Mr. Giarrusso, 56, has had amblyopia in his right eye since
childhood. 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 Mr. Giarrusso has sufficient vision
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Giarrusso reported that he has driven straight trucks
for 2 years, accumulating 2,000 miles and tractor-trailer combinations
for 32 years, accumulating 2 million miles. He holds a Class A CDL from
Florida. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Jerry L. Gibson
Mr. Gibson, 59, has retinal scarring in his right eye due to trauma
sustained during childhood. The best corrected visual acuity in his
right eye is count-finger vision and in his left eye, 20/25. Following
an examination in 2010, his ophthalmologist noted, ``I believe he has
sufficient vision to maintain his license as a commercial driver in any
state.'' Mr. Gibson reported that he has driven straight trucks for 20
years, accumulating 1 million miles and tractor-trailer combinations
for 16 years, accumulating 1.1 million miles. He holds a Class A CDL
from Florida. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Rici W. Giesseman
Mr. Giesseman, 37, has had macular scarring 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 opinion this patient has sufficient vision
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Giesseman reported that he has driven straight trucks
for 20 years, accumulating 300,000 miles and tractor-trailer
combinations for 8 years, accumulating 320,000 miles. He holds a Class
A CDL from Ohio. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
George R. House
Mr. House, 53, 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, 20/200. Following an examination in 2009, his optometrist noted,
``In my opinion his vision is sufficient to perform the driving tasks
required to operate a commercial vehicle.'' Mr. House reported that he
has driven straight trucks for 33 years, accumulating 330,000 miles and
tractor-trailer combinations for 33 years, accumulating 627,000 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.
Michael A. Jabro
Mr. Jabro, 46, has had glaucoma in his right eye since 1998. The
best corrected visual acuity in his right eye is 20/100 and in his left
eye, 20/20. Following an examination in 2010, his optometrist noted,
``I certify in my medical opinion that Mr. Jabro has sufficient vision
to perform the driving tasks required to operate a commercial vehicle
without any restrictions.'' Mr. Jabro reported that he has driven
straight trucks for 5 years, accumulating 575,000 miles and tractor-
trailer combinations for 8 years, accumulating 920,000 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.
Thomas L. Jashurek, Jr.
Mr. Jashurek, 38, has had amblyopia in his right eye since birth.
The best corrected visual acuity in his right eye is 20/200 and in his
left eye, 20/15. Following an examination in 2010, his optometrist
noted, ``Thomas has sufficient vision to operate a commercial
vehicle.'' Mr. Jashurek reported that he has driven straight trucks for
14 years, accumulating 518,000 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.
Michael M. Martinez
Mr. Martinez, 47, has had macular scarring and retinal detachment
in his right eye due to a traumatic injury sustained in 2001. The best
corrected visual acuity in his right eye is count-finger vision and in
his left eye, 20/15. Following an examination in 2010, his optometrist
noted, ``Binocularly he has full peripheral vision and sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Martinez reported that he has driven straight trucks for
16 years, accumulating 384,000 miles and tractor-trailer combinations
for 16 years, accumulating 384,000 miles. He holds a Class A CDL from
New Mexico. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Robert L. McClain
Mr. McClain, 54, has had complete loss of vision in his right eye
since childhood. The best corrected visual acuity in his left eye is
20/15. Following an examination in 2010, his optometrist noted, ``I
certify that his medical condition in my medical opinion provides still
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. McClain reported that he has driven straight
trucks for 20 years, accumulating 2.5 million miles. He holds a Class B
CDL from Michigan. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Daniel E. Miller
Mr. Miller, 59, has had amblyopia in his right eye since birth. The
best corrected visual acuity in his right eye is 20/400 and in his left
eye, 20/20. Following an examination in 2010, his optometrist noted,
``In my opinion, he is visually capable of safely operating a
[[Page 34212]]
commercial motor vehicle.'' Mr. Miller reported that he has driven
straight trucks for 10 years, accumulating 1.2 million miles and
tractor-trailer combinations for 29 years, accumulating 2.7 million
miles. He holds a Class A CDL from Virginia. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Buddy W. Myrick
Mr. Myrick, 71, has had macular degeneration in his right eye since
2002. The best corrected visual acuity in his right eye is 20/200 and
in his left eye, 20/25. Following an examination in 2010, his
optometrist noted, ``In my opinion, Mr. Myrick has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Myrick reported that he has driven tractor-trailer combinations for
30 years, accumulating 3.2 million miles. He holds a Class A CDL from
Texas. His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
James L. Okonek
Mr. Okonek, 46, has had a prosthetic left eye since 2006. The best
corrected visual acuity in his right eye is 20/20. Following an
examination in 2010, his optometrist noted, ``James has sufficient
vision to perform the driving tasks to operate a commercial vehicle.''
Mr. Okonek reported that he has driven straight trucks for 5 years,
accumulating 50,000 miles, tractor-trailer combinations for 14 years,
accumulating 1.8 million miles and buses for 5 years, accumulating
60,000 miles. He holds a Class D operator's license from Wisconsin. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Aaron L. Paustian
Mr. Paustian, 42, has macular scarring in his right eye due to a
traumatic injury sustained during childhood. 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
I believe that Mr. Aaron Paustian has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Paustian
reported that he has driven straight trucks for 13 years, accumulating
36,504 miles and tractor-trailer combinations for 17 years,
accumulating 1.8 million miles. He holds a Class A CDL from Iowa. His
driving record for the last 3 years shows one crash, for which he was
not cited, and no convictions for moving violations in a CMV.
Alan J. Reynaldos
Mr. Reynaldos, 45, has had amblyopia in his right eye since
childhood. The best corrected visual acuity in his right eye is 20/400
and in his left eye, 20/20. Following an examination in 2009, his
ophthalmologist noted, ``Mr. Reynaldos has sufficient vision to operate
a commercial vehicle.'' Mr. Reynaldos reported that he has driven
straight trucks for 8 years, accumulating 8,000 miles. He holds a Class
D operator's license from New Jersey. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Kenneth R. Riener
Mr. Riener, 48, has a prosthetic right eye due to a traumatic
injury sustained in 1965. The best corrected visual acuity in his left
eye is 20/15. Following an examination in 2010, his optometrist noted,
``I certify that in my medical opinion Mr. Kenneth Raymond Riener has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Riener reported that he has driven straight
trucks for 5 years, accumulating 90,000 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.
Charles L. Rill, Sr.
Mr. Rill, 60, has had amblyopia in his left eye since birth. The
best corrected visual acuity in his right eye is 20/25 and in his left
eye, 20/150. Following an examination in 2010, his optometrist noted,
``He has sufficient vision to operate a commercial vehicle.'' Mr. Rill
reported that he has driven straight trucks for 42 years, accumulating
1 million miles and tractor-trailer combinations for 42 years,
accumulating 4,200 miles. He holds a Class A CDL from Maryland. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Jules M. Sancho, Jr.
Mr. Sancho, 50, has corneal scarring in his right eye due to a
traumatic injury sustained during childhood. 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, Mr.
Sancho has the visual capability to operate a commercial vehicle.'' Mr.
Sancho reported that he has driven straight trucks for 18 years,
accumulating 108,000 miles and tractor-trailer combinations for 15
years, accumulating 187,500 miles. He holds a Class D Chauffeur's
license from Louisiana. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.
Robert Smiley
Mr. Smiley, 53, has a prosthetic left eye due to a traumatic injury
sustained in 2000. The best corrected visual acuity in his right eye is
20/20. Following an examination in 2009, his optometrist noted, ``Mr.
Smiley meets the requirements and has sufficient vision to perform the
driving tasks required to operate a commercial vehicle in his right
eye.'' Mr. Smiley reported that he has driven straight trucks for 1\1/2
\ years, accumulating 6,000 miles and tractor-trailer combinations for
18 years, accumulating 2.2 million miles. He holds a Class A CDL from
New Mexico. His driving record for the last 3 years shows no crashes
and one conviction for speeding in a CMV. He exceeded the speed limit
by 10 mph.
Roger L. Sulfridge
Mr. Sulfridge, 60, has had complete loss of vision in his right eye
since childhood due to a dense cataract. The best corrected visual
acuity in his left eye, 20/20. Following an examination in 2010, his
ophthalmologist noted, ``I feel Mr. Sulfridge has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Sulfridge reported that he has driven straight trucks for 23 years,
accumulating 287,500 miles and tractor-trailer combinations for 3
years, accumulating 75,000 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.
Christopher M. Vincent
Mr. Vincent, 32, has had complete loss of vision his left eye since
childhood due to a traumatic injury. The best corrected visual acuity
in his right eye is 20/20. Following an examination in 2009, his
optometrist noted, ``Mr. Vincent is a one eyed driver with a very
healthy right eye, normal color vision and normal peripheral vision. I
do not consider this significant to restrict his operation of a
commercial vehicle.'' Mr. Vincent reported that he has driven straight
trucks for 4 years, accumulating 528,000 miles and tractor-trailer
combinations for 1 year, accumulating 22,000 miles. He holds a Class A
CDL from North Carolina. His driving record for the last 3 years shows
[[Page 34213]]
no crashes and one conviction for a moving violation in a CMV. He was
cited for an improper stop on a highway.
Derik T. Winebrenner
Mr. Winebrenner, 26, has had complete loss of vision his right eye
since birth due to optic nerve hypoplasia. The best corrected visual
acuity in his left eye is 20/20. Following an examination in 2010, his
optometrist noted, ``I believe that Derik Winebrenner has more than
adequate visual skills to perform the duties of a commercial vehicle
operator.'' Mr. Winebrenner reported that he has driven straight trucks
for 10 years, accumulating 200,000 miles and tractor-trailer
combinations for 10 years, accumulating 275,000 miles. He holds a Class
A CDL from Ohio. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Curtis L. Wolff
Mr. Wolff, 47, has had loss of vision his left eye since 1981 due
to cataract surgery and retinal surgery. The best corrected visual
acuity in his right eye is 20/20 and in his left eye, hand-motion
vision. Following an examination in 2010, his optometrist noted, ``In
my opinion, Curtis has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Wolff reported that he
has driven straight trucks for 25 years, accumulating 1.2 million miles
and tractor-trailer combinations for 2 years, accumulating 140,000
miles. He holds a Class D Chauffeur's license from Louisiana. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Robert L. Zebrowski
Mr. Zebrowski, 68, 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 2009, his optometrist
noted, ``I believe Mr. Zebrowski is safe to operate a commercial
vehicle.'' Mr. Zebrowski reported that he has driven straight trucks
for 6 years, accumulating 150,000 miles and tractor-trailer
combinations for 27 years, accumulating 499,500 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.
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 16, 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: June 10, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-14537 Filed 6-15-10; 8:45 am]
BILLING CODE 4910-EX-P