[Federal Register Volume 75, Number 58 (Friday, March 26, 2010)]
[Notices]
[Pages 14656-14658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6741]
[[Page 14656]]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket ID. FMCSA-2010-0050]
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 26, 2010.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2010-0050 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
Dean R. Allen
Mr. Allen, age 55, has had optic nerve atrophy in his left eye
since birth. The best corrected visual acuity in his right eye is 20/25
and in his left eye, count-finger vision. Following an examination in
2009, his optometrist noted, ``It is my medical opinion, that Mr. Dean
Allen has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Allen reported that he has driven
straight trucks for 34 years, accumulating 578,000 miles and tractor-
trailer combinations for 25 years, accumulating 275,000 miles. He holds
a Class A Commercial Driver's License (CDL) from Oregon. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.
Donald C. Butler
Mr. Butler, 51, has had cataracts in his left eye since 2005. The
best corrected visual acuity in his right eye is 20/20 and in his left
eye, 20/400. Following an examination in 2009, his optometrist noted,
``It is my opinion that Donald has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Butler
reported that he has driven straight trucks for 2 years, accumulating
8,000 miles and tractor-trailer combinations for 15 years, accumulating
939,900 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 miles per hour
(mph).
Alan R. Fontaine
Mr. Fontaine, 44, has had amblyopia in his right eye since
childhood. 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
ophthalmologist noted, ``I certify under my medical opinion that Mr.
Alan Fontaine has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Fontaine reported that
he has driven straight trucks for 3\1/2\; years, accumulating 42,000
miles. He holds a Class D operator's license from Connecticut. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Malcolm R. Heins
Mr. Heins, 67, has complete loss of vision in his 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, ``Malcolm has sufficient vision in his right eye to
operate a commercial vehicle.'' Mr. Heins reported that he has driven
straight trucks for 8 years, accumulating 28,000 miles and tractor-
trailer combinations for 8 years, accumulating 520,000 miles. He holds
a Class A CDL from Wisconsin. His driving record for the last 3 years
shows three crashes, for which he was not cited, and no convictions for
moving violations in a CMV.
Mark Hill
Mr. Hill, 47, has had retinal and macular detachment in his left
eye since birth. The best corrected visual acuity in his right eye is
20/25. Following an examination in 2009, his optometrist
[[Page 14657]]
noted, ``It is my medical opinion that Mark Hill is qualified and has
sufficient vision to perform the driving task required to operate a
commercial vehicle.'' Mr. Hill reported that he has driven straight
trucks for 15 years, accumulating 130,500 miles. He holds a Class B CDL
from West Virginia. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Herbert C. Hirsch
Mr. Hirsch, 63, has had a prosthetic left eye since childhood. The
best corrected visual acuity in his right eye is 20/20. Following an
examination in 2009, his ophthalmologist noted, ``I certify in my
medical opinion, Mr. Herbert Hirsch has full function of his remaining
eye and I feel he has sufficient vision to perform the driving tasks
required for operating a commercial vehicle.'' Mr. Hirsch reported that
he has driven straight trucks for 40 years, accumulating 800,000 miles
and tractor-trailer combinations for 25 years, accumulating 750,000
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 D. Kilgore
Mr. Kilgore, 37, has had demyelinizing optic neuropathy in his left
eye since birth. The best corrected visual acuity in his right eye is
20/15 and in his left eye, 20/600. Following an examination in 2009,
his optometrist noted, ``In my medical opinion, Michael Kilgore has
sufficient vision to operate a commercial vehicle.'' Mr. Kilgore
reported that he has driven straight trucks for 10 years, accumulating
300,000 miles and tractor-trailer combinations for 5 years,
accumulating 300,000 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.
Joseph J. Kushak
Mr. Kushak, 38, has optic atrophy of the left eye due to trauma
sustained in 2002. The best corrected visual acuity in his right eye is
20/20 and in his left eye, light-perception only. Following an
examination in 2009, his optometrist noted, ``It is my opinion he has
sufficient vision and field to operate a commercial vehicle.'' Mr.
Kushak reported that he has driven straight trucks for 13 years,
accumulating 1.3 million miles and tractor-trailer combinations for 5
years, accumulating 500,000 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.
Louis C. Lee
Mr. Lee, 47, has had complete loss of vision in his left eye since
childhood. The best corrected visual acuity in his right eye is 20/20.
Following an examination in 2009, his ophthalmologist noted, ``In my
medical opinion, Mr. Lee has sufficient vision to perform the driving
tasks required for a commercial vehicle.'' Mr. Lee reported that he has
driven straight trucks for 31 years, accumulating 1.2 million miles. He
holds an operator's license from Virginia. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Jason T. Montoya
Mr. Montoya, 34, has had amblyopia in his left eye since birth. The
best corrected visual acuity in his right eye is 20/15 and in his left
eye, 20/400. Following an examination in 2009, his optometrist noted,
``I believe from a vision standpoint, Jason is able to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Montoya
reported that he has driven straight trucks for 14.5 years,
accumulating 145,000 miles and tractor-trailer combinations for 14.5
years, accumulating 145,000 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.
Doug L. Norman
Mr. Norman, 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, ``Patient should have no difficulty performing necessary driving
tasks.'' Mr. Norman reported that he has driven straight trucks for 12
years, accumulating 180,000 miles, tractor-trailer combinations for 30
years, accumulating 900,000 miles and buses for 8 years, 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.
Richard W. Pierce
Mr. Pierce, 62, has had amblyopia in his right eye since childhood.
The best corrected visual acuity in his right eye is hand-motion vision
and in his left eye, 20/20. Following an examination in 2009, his
optometrist noted, ``In my medical opinion Mr. Pierce has sufficient
central vision in his left eye and sufficient visual fields in each eye
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Pierce reported that he has driven straight trucks for
28 years, accumulating 840,000 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.
Christopher A. Reineck
Mr. Reineck, 34, has had amblyopia in his right eye since birth.
The best corrected visual acuity in his right eye is 20/160 and in his
left eye, 20/20. Following an examination in 2009, his optometrist
noted, ``In my opinion, Mr. Reineck does have sufficient vision to
perform the driving task required to operate a commercial vehicle.''
Mr. Reineck reported that he has driven straight trucks for 5 years,
accumulating 156,660 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.
Carroll R. Rogers
Mr. Rogers, 61, has had a prosthetic right eye since 1975. The best
corrected visual acuity in his left eye is 20/20. Following an
examination in 2009, his optometrist noted, ``Carroll Rogers has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Rogers reported that he has driven tractor-
trailer combinations for 35 years, accumulating 2.1 million miles. He
holds a Class A CDL from California. 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.
Kevin L. Routin
Mr. Routin, 59, has had aphakia and retinal detachment in his left
eye since childhood. The best corrected visual acuity in his right eye
is 20/15 and in his left eye, 20/300. Following an examination in 2009,
his optometrist noted, ``It is my professional judgment that Mr. Routin
does have sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Routin reported that he has driven
straight trucks for 30 years, accumulating 900,000 miles, tractor-
trailer combinations for 25 years, accumulating 3.3 million miles and
buses for 10 years, accumulating 30,000 miles. He holds a Class A CDL
from Kentucky. His driving record for the last 3 years shows no crashes
and no
[[Page 14658]]
convictions for moving violations in a CMV.
Lane L. Savoie
Mr. Savoie, 57, has a prosthetic left eye due to a traumatic injury
sustained in 1995. The best corrected visual acuity in his right eye is
20/20. Following an examination in 2009, his ophthalmologist noted,
``We feel Mr. Savoie has sufficient vision to operate or drive a
commercial vehicle.'' Mr. Savoie reported that he has driven straight
trucks for 25 years, accumulating 500,000 miles and tractor-trailer
combinations for 25 years, accumulating 2.5 million 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.
Richard G. Schumacher
Mr. Schumacher, 64, 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 2009, his ophthalmologist
noted, ``In my medical opinion, Mr. Schumacher has sufficient vision to
perform driving tasks required to operate a commercial vehicle.'' Mr.
Schumacher reported that he has driven tractor-trailer combinations for
19 years, accumulating 2.2 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.
Scott E. Tussey
Mr. Tussey, 49, has had ocular histoplasmosis in his right eye
since 2003. The best corrected visual acuity in his right eye is hand-
motion vision and in his left eye, 20/20. Following an examination in
2009, his optometrist noted, ``In my opinion he has sufficient vision
to perform commercial driving tasks.'' Mr. Tussey reported that he has
driven straight trucks for 10 years, accumulating 630,000 miles. He
holds a Class A CDL from Kentucky. 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.
Todd V. Welch
Mr. Welch, 47, has had amblyopia in his right eye since birth. The
best corrected visual acuity in his right eye is hand-motion vision and
in his left eye, 20/20. Following an examination in 2009, his
optometrist noted, ``It is my medical opinion that he has sufficient
vision to perform driving tasks required to operate a commercial
vehicle.'' Mr. Welch reported that he has driven straight trucks for 10
years, accumulating 200,000 miles and tractor-trailer combinations for
10 years, accumulating 80,000 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.
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 26, 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: March 22, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-6741 Filed 3-25-10; 8:45 am]
BILLING CODE 4910-EX-P