[Federal Register Volume 76, Number 60 (Tuesday, March 29, 2011)]
[Notices]
[Pages 17481-17483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7258]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0024]


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 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 April 28, 2011.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2011-0024 using any of the 
following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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

[[Page 17482]]

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, <a href="/cdn-cgi/l/email-protection#c2a4afa1b1a3afa7a6aba1a3ae82a6adb6eca5adb4"><span class="__cf_email__" data-cfemail="f7919a9484969a92939e94969bb7939883d9909881">[email protected]</span></a>, 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

David W. Bennett

    Mr. Bennett, age 48, 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, 20/60. Following an examination in 2011, his 
ophthalmologist noted, ``Mr. Bennett has sufficient vision to perform 
the driving task of driving a commercial vehicle.'' Mr. Bennett 
reported that he has driven straight trucks for 5 years, accumulating 
218,750 miles and tractor-trailer combinations for 13 years 
accumulating 1.4 million miles. He holds a Class A Commercial Driver's 
License (CDL) from North Carolina. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Toby L. Carson

    Mr. Carson, 43, has a history of congenital cataracts. The best 
corrected visual acuity in his right eye is 20/150 and in his left eye, 
20/20. Following an examination in 2010, his ophthalmologist noted, 
``Toby Carson has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Carson reported that he 
has driven straight trucks for 15 years, accumulating 200,000 miles and 
tractor-trailer combinations for 10 years accumulating 300,000 miles. 
He holds a Class A CDL from Tennessee. His driving record for the last 
3 years shows no crashes and no convictions for moving violations in a 
CMV.

Fredrick M. DeHoff, Jr.

    Mr. Dehoff, 53, 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 optometrist 
noted, ``Fredrick, by vision examination, appears to have sufficient 
vision to operate a commercial vehicle.'' Mr. DeHoff reported that he 
has driven straight trucks for 15 years, accumulating 187,500 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.

Raul Donozo

    Mr. Donozo, 35, has had loss of vision in his left eye since 1998. 
The best corrected visual acuity in his right eye is 20/20. Following 
an examination in 2011, his ophthalmologist noted, ``In my opinion, the 
patient has sufficient vision for driving including commercial 
vehicles.'' Mr. Donozo reported that he has driven straight trucks for 
8 years, accumulating 417,600 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.

Rick A. Ervin

    Mr. Ervin, 39, 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, hand motion vision. Following an examination in 2011, his 
optometrist noted, ``Mr. Erwin's left eye amblyopia is of long-standing 
and he has adapted well to his condition, and in my medical opinion, 
has sufficient vision to perform the driving tasks to operate a 
commercial vehicle.'' Mr. Ervin reported that he has driven straight 
trucks 17 years, accumulating 510,000 miles. He holds a Class B CDL 
from New Mexico. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Clifford D. Johnson

    Mr. Johnson, 44, has ocular trauma in his left eye sustained 25 
years ago. The best corrected visual acuity in his right eye is 20/20 
and in his left eye, no light perception. Following an examination in 
2010, his optometrist noted, ``In my opinion Mr. Johnson has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Johnson reported that he has driven straight trucks 25 
years, accumulating 700,000 miles and tractor-trailer combinations for 
15 years accumulating 495,000 miles. He holds a Class A CDL from 
Virginia. 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.

Dionicio Mendoza

    Mr. Mendoza, 34, has a prosthetic right eye due to a traumatic 
injury that occurred at age 2. The visual acuity in his left eye is 20/
20. Following an examination in 2010, his optometrist noted, ``After a 
full eye health examination, this patient has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.''
    Mr. Mendoza reported that he has driven tractor-trailer 
combinations for 5 years, accumulating 224,500 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.

David Kibble

    Mr. Kibble, 48, has had a disciform central macular scar of his 
right eye due to a traumatic injury to his right eye that occurred 30 
years ago. 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, ``He has sufficient vision to perform driving tasks 
to operate a commercial vehicle.'' Mr. Kibble reported that he has 
driven straight trucks 30 years, accumulating 450,000 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.

Raymond J. Paiz

    Mr. Paiz, 60, has monocular vision due to a traumatic injury to his 
left eye that occurred 30 years ago. The visual acuity in his right eye 
is 20/20. Following an examination in 2010, his optometrist noted, ``In 
my optometric opinion, Mr. Paiz has sufficient vision and peripheral 
vision to enable him to perform the driving tasks necessary to operate 
a commercial vehicle.'' Mr. Paiz reported that he has driven straight 
trucks 35 years, accumulating 1.8

[[Page 17483]]

million miles and tractor-trailer combinations for 35 years 
accumulating 1.8 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.

Tyler R. Peebles

    Mr. Peebles, 23, has retinal detachment and traumatic cataract in 
his left eye due to a traumatic injury to his left eye. The best 
corrected visual acuity in his right eye is 20/20 and in his left eye, 
20/50. Following an examination in 2010, his optometrist noted, ``I 
feel Mr. Peebles has adequate vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Peebles reported that 
he has driven straight trucks for 3 years, accumulating 61,500 miles 
and tractor-trailer combinations for 3 years accumulating 292,500 
miles. He holds a Class A CDL from Ohio. His driving record for the 
last 3 years shows no crashes but two convictions for speeding in a 
CMV. In the first incident, he exceeded the speed limit by 10 miles per 
hour (MPH), in the second incident, he exceeded the speed limit by 8 
MPH. He has another conviction for failure to obey a traffic sign.

Alfredo Reyes

    Mr. Reyes, 57, 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, 20/60. Following an examination in 2010, his optometrist 
noted, ``I can see no reason why he can not perform the visual tasks 
necessary to drive any type of vehicle including commerical vehicles.'' 
Mr. Reyes reported that he has driven straight trucks for 15 years, 
accumulating 600,000 miles and tractor-trailer combinations for 20 
years accumulating 2.1 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.

Ronald M. Robinson

    Mr. Robinson, 60, has monocular vision due to a traumatic injury to 
his right eye that occurred 40 years ago. The visual acuity in his left 
eye is 20/20. Following an examination in 2010, his optometrist noted, 
``In my opinion, Mr. Robinson has full capability to operate a 
commerical vehicle provided that it has the standard right and left 
outsider rearview mirrors.'' Mr. Robinson reported that he has driven 
straight trucks 20 years, accumulating 300,000 miles. He holds a Class 
D operator's license from Kentucky. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

J. Bernando Rodriguez

    Mr. Rodriguez, 47, has had strabismic amblyopia in his left eye 
since childhood. The best corrected visual acuity in his right eye is 
20/20 and in his left eye, 20/400. Following an examination in 2010, 
his optometrist noted, ``I. Dr. Edgardo Amaro, certify that in my 
medical opinion, patient J. Bernardo Rodriguez, has sufficient vision 
to perform the driving tasks required to operate a commerical vehicle 
as he has been doing in the past 10 years.'' Mr. Rodriguez reported 
that he has driven tractor-trailer combinations 8 years accumulating 
800,000 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.

Esequiel Rodriguez, Jr.

    Mr. Rodriguez, 38, has had a macular scar in his right eye since 
birth. The visual acuity in his right eye is 20/200 and in his left 
eye, 20/20. Following an examination in 2010, his optometrist noted, 
``He is fully capable of operating a commerical vehicle.'' Mr. 
Rodriguez reported that he has driven tractor-trailer combinations 7 
years accumulating 805,000 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.

David I. Sosby

    Mr. Sosby, 60, 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 2010, his optometrist 
noted, ``I Renapate, OD, hereby certify David Sosby to be visually able 
to safely operate a commerical motor vehicle.'' Mr. Sosby reported that 
he has driven tractor-trailer combinations 30 years accumulating 2.4 
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.

Donald E. Stone

    Mr. Stone, 54, has optic atrophy in his left eye due to a traumatic 
injury. The best corrected visual acuity in his right eye is 20/15 and 
in his left eye, hand motion vision. Following an examination in 2010, 
his optometrist noted, ``It is my opinion that Mr. Stone has sufficient 
vision to operate a commerical motor vehicle.'' Mr. Stone reported that 
he has driven straight trucks 10 years, accumulating 900,000 miles and 
tractor-trailer combinations for 17 years accumulating 1.8 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.

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 28, 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: March 16, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011-7258 Filed 3-28-11; 8:45 am]
BILLING CODE 4910-EX-P


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