[Federal Register Volume 75, Number 40 (Tuesday, March 2, 2010)]
[Notices]
[Pages 9480-9482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4257]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket ID. FMCSA-2009-0011]
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 19 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 April 1, 2010.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2009-0011 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.
Each submission must include the Agency name and the docket ID for
this Notice. Note that DOT posts all comments received without change
to http://www.regulations.gov, including any personal information
included in a comment. Please see the Privacy Act heading below.
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 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
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 19 individuals listed in this
notice have each requested 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
Dwight A. Bennett
Mr. Bennett, age 33, has had amblyopia in his right eye since
birth. The best corrected visual acuity in his right eye is count-
finger vision and in his left eye, 20/20. Following an examination in
2009, his optometrist noted, ``Patient has sufficient vision to operate
a commercial vehicle according to data shown today.'' Mr. Bennett
reported that he has driven straight
[[Page 9481]]
trucks for 12 years, accumulating 480,000 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.
Arthur W. Boatright, Jr.
Mr. Boatright, 49, has had aphakia, amblyopia and corneal scarring
in his left eye since childhood. The best corrected visual acuity in
his right eye is 20/15 and in his left eye, count-finger vision.
Following an examination in 2009, his optometrist noted, ``In my
medical opinion and from his driving history, I believe his condition
is stable at this time and he can safely operate a commercial
vehicle.'' Mr. Boatright reported that he has driven tractor-trailer
combinations for 17 years, accumulating 884,000 miles. He holds a Class
A operator's license from North Carolina. 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.
Larry D. Buchanan
Mr. Buchanan, 56, has a prosthetic left eye due to a traumatic
injury sustained in 1961. The best corrected visual acuity in his right
eye is 20/20. Following an examination in 2009, his optometrist noted,
``It is my professional opinion that Larry can and does operate
machinery, as well as a motor vehicle.'' Mr. Buchanan reported that he
has driven straight trucks for 18 years, accumulating 450,000 miles. He
holds a Class A CDL from New Mexico. 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.
Chad L. Burnham
Mr. Burnham, 38, has a prosthetic right eye due to a traumatic
injury sustained at age 12. The best corrected visual acuity in his
left eye is 20/20. Following an examination in 2009, his optometrist
noted, ``In my medical opinion Chad Burnham has sufficient vision to
operate a commercial vehicle.'' Mr. Burnham reported that he has driven
straight trucks for 21 years, accumulating 630,000 miles and tractor-
trailer combinations for 8 years, accumulating 200,000 miles. He holds
a Class A CDL from Maine. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.
Chadwick S. Chambers
Mr. Chambers, 34, 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, 20/20. Following an examination in 2009, his ophthalmologist
noted, ``I certify in my medical opinion Mr. Chambers has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Chambers reported that he has driven straight trucks for
4 years, accumulating 20,000 miles and tractor-trailer combinations for
4 years, accumulating 12,000 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.
Loren D. Chapman
Mr. Chapman, 50, has had retinal detachment in his left eye since
2005. The best corrected visual acuity in his right eye is 20/20 and in
his left eye, 20/100. Following an examination in 2009, his optometrist
noted, ``It continues to be my personal opinion that Mr. Loren Chapman
can perform all the visual tasks and demands placed on him to safely
operate a commercial vehicle.'' Mr. Chapman reported that he has driven
tractor-trailer combinations for 23 years, accumulating 1.8 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.
David A. Christenson
Mr. Christenson, 71, has a prosthetic left eye due to a congenital
tumor. The best corrected visual acuity in his right eye is 20/25.
Following an examination in 2009, his optometrist noted, ``The patient
has sufficient vision to perform the driving tasks to operate a
commercial vehicle.'' Mr. Christenson reported that he has driven
tractor-trailer combinations for 10 years, accumulating 1 million
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.
Charles R. Everett
Mr. Everett, 45, 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, 20/200. Following an examination in 2009, his optometrist
noted, ``I am confident his vision is sufficient to operate a
commercial vehicle.'' Mr. Everett reported that he has driven straight
trucks for 10 years, accumulating 130,000 miles. He holds a Class D
operator's license from Tennessee. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Julian R. Hall
Mr. Hall, 66, has corneal scarring in his right eye due to a
traumatic injury sustained as a child. The best corrected visual acuity
in his right eye is light-perception only and in his left eye, 20/20.
Following an examination in 2009, his optometrist noted, ``In my
opinion, due to Mr. Hall's visual stability, clean driving record, and
visual fields, he is very capable to operate a commercial vehicle.''
Mr. Hall reported that he has driven buses for 33 years, accumulating
990,000 miles. He holds a Class B CDL from Texas. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Claude R. Havener
Mr. Havener, 49, 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, 20/200. Following an examination in 2009, his optometrist
noted, ``As long as he obeys the traffic law and drives carefully,
there is sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Havener reported that he has driven
straight trucks for 5 years, accumulating 93,600 miles. He holds a
Class B CDL from New York. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Paul K. Leger
Mr. Leger, 46, has had retinal detachment in his left eye since
1996. The best corrected visual acuity in his right eye is 20/20 and in
his left eye, hand-motion vision. Following an examination in 2009, his
ophthalmologist noted, ``Mr. Leger qualifies to have sufficient vision
to perform driving tasks required to operate a commercial vehicle.''
Mr. Leger reported that he has driven straight trucks for 9 years,
accumulating 360,000 miles. He holds a Class B CDL from New Hampshire.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Robert L. Postell
Mr. Postell, 46, has a prosthetic left eye due to a traumatic
injury sustained during childhood. The best corrected visual acuity in
his right eye is 20/20. Following an examination in 2009, his
optometrist noted, ``I certify that in my medical opinion, Mr. Postell
has sufficient vision to perform the driving
[[Page 9482]]
tasks required to operate a commercial vehicle.'' Mr. Postell reported
that he has driven straight trucks for 22 years, accumulating 704,000
miles and tractor-trailer combinations for 21 years, accumulating
735,000 miles. He holds a Class A CDL from Georgia. His driving record
for the last 3 years shows no crashes and one conviction for a moving
violation in a CMV, failure to stay in the proper lane.
Martin L. Reyes
Mr. Reyes, 45, has retinal scarring in his left eye. 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 ophthalmologist noted,
``In my professional opinion he has adapted well to his vision deficit
and I feel professionally that he should be able to perform all his
duties as an electrician, including working at heights and driving a
commercial vehicle without any problems.'' Mr. Reyes reported that he
has driven straight trucks for 17 years, accumulating 297,500 miles. He
holds a Class A CDL from Illinois. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Gerald L. Rush, Jr.
Mr. Rush, 50, has a prosthetic left eye due to a traumatic injury
sustained in 1989. The best corrected visual acuity in his right eye is
20/30. Following an examination in 2009, his optometrist noted, ``In my
medical opinion, the patient has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Rush
reported that he has driven straight trucks for 29 years, accumulating
1.2 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.
Wayne J. Savage
Mr. Savage, 46, has had amblyopia in his left eye since childhood.
The best corrected visual acuity in his right eye is 20/15 and in his
left eye, 20/200. Following an examination in 2009, his optometrist
noted, ``In my opinion, Mr. Savage certainly has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Savage reported that he has driven straight trucks for 20 years,
accumulating 800,000 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.
Gary F. Segur
Mr. Segur, 53, has a prosthetic right eye due to a traumatic injury
sustained in 2004. The best corrected visual acuity in his left eye is
20/20. Following an examination in 2009, his optometrist noted, ``I
believe that Mr. Segur has suitable vision to drive a commercial
vehicle.'' Mr. Segur reported that he has driven straight trucks for 37
years, accumulating 925,000 miles, tractor-trailer combinations for 35
years, accumulating 1.7 million miles, and buses for 3 years,
accumulating 42,000 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.
Alan T. Watterson
Mr. Watterson, 58, has a prosthetic right eye due to a traumatic
injury sustained 30 years ago. The best corrected visual acuity in his
left eye is 20/20. Following an examination in 2009, his
ophthalmologist noted, ``In my medical opinion, he has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Watterson reported that he has driven straight trucks
for 33 years, accumulating 990,000 miles and tractor-trailer
combinations for 33 years, accumulating 660,000 miles. He holds a Class
A CDL from Massachusetts. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.
David E. Williford
Mr. Williford, 61, 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, 20/50. Following an examination in 2009, his
optometrist noted, ``In my medical opinion, Mr. Williford has
sufficient visual acuity, color vision and peripheral vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr.
Williford reported that he has driven straight trucks for 4 years,
accumulating 320,000 miles and tractor-trailer combinations for 1 year,
accumulating 80,000 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.
Larry W. Winkler
Mr. Winkler, 59, has a prosthetic left eye due to a traumatic
injury sustained in 1997. The best corrected visual acuity in his right
eye is 20/20. Following an examination in 2009, his optometrist noted,
``In my medical opinion, Larry Winkler is stable with no anticipated
changes. He has sufficient vision to operate a commercial vehicle.''
Mr. Winkler reported that he has driven straight trucks for 26\1/2\
years, accumulating 715,500 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.
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 April 1, 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: February 22, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-4257 Filed 3-1-10; 8:45 am]
BILLING CODE 4910-EX-P