[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:
    <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.
    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, <a href="/cdn-cgi/l/email-protection#bed8d3ddcddfd3dbdad7dddfd2fedad1ca90d9d1c8"><span class="__cf_email__" data-cfemail="ff99929c8c9e929a9b969c9e93bf9b908bd1989089">[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 
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


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