[Federal Register Volume 77, Number 29 (Monday, February 13, 2012)]
[Notices]
[Pages 7657-7658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3263]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0324]


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 11 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 requirement.

DATES: Comments must be received on or before March 14, 2012.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2011-0324 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 
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: Elaine M. Papp, Chief, Medical 
Programs Division, (202) 366-4001, <a href="/cdn-cgi/l/email-protection#6f09020c1c0e020a0b060c0e032f0b001b41080019"><span class="__cf_email__" data-cfemail="47212a2434262a22232e24262b0723283369202831">[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 11 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

John E. Chitty

    Mr. Chitty, age 60, has had retinal detachment in his right eye, 
due to a traumatic injury sustained 48 years ago. The best corrected 
visual acuity in his right eye is no light perception and in his left 
eye, 20/20. Following an examination in 2011, his optometrist noted, 
``Based on the vision exam, Mr. Chitty has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Chitty reported that he has driven straight trucks for 20 years, 
accumulating 550,000 miles and tractor-trailer combinations for 15 
years, accumulating 300,000 miles. He holds a Class A Commercial 
Driver's License (CDL) from Florida. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
Commercial Motor Vehicle (CMV).

Roger L. Courson

    Mr. Courson, 58, 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 2011, his optometrist 
noted, ``It was and still is my professional opinion, that Mr. Courson 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Courson reported that he has driven 
straight trucks for 4 years, accumulating 200,000 miles and tractor-
trailer combinations for 17 years, accumulating 1.7 million 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.

Revis D. Durbin

    Mr. Durbin, 69, has had esotropia in his left eye since birth. The 
best corrected visual acuity in his right eye is 20/20 and in his left 
eye, 20/100. Following an examination in 2011, his optometrist noted, 
``It is my clinical impression that he has sufficient vision to perform 
driving tasks required to operate a commercial vehicle.'' Mr. Durbin 
reported that he has driven straight trucks for 52 years, accumulating 
260,000 miles and tractor-trailer combinations for 41 years, 
accumulating 2.5 million 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.

James D. Evans

    Mr. Evans, 54, has had a prosthetic right eye for the past 30 
years. The best corrected visual acuity in his left eye is 20/20. 
Following an examination in 2011, his optometrist noted, ``He has 
sufficient vision to operate a commercial vehicle.'' Mr. Evans reported 
that he has driven straight trucks for 32 years, accumulating 49,920 
miles and tractor-trailer combinations

[[Page 7658]]

for 32 years, accumulating 25,600 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.

Lowell S. Johnson

    Mr. Johnson, 56, has had a prosthetic left eye since 1989. The best 
corrected visual acuity in his right eye is 20/20. Following an 
examination in 2011, his optometrist noted, ``In summary it is my 
expert opinion that Mr. Johnson not only passes but exceeds all 
requirements for a federal exemption regarding this waiver.'' Mr. 
Johnson reported that he has driven straight trucks for 38 years, 
accumulating 760,000 miles and tractor-trailer combinations for 38 
years, accumulating 950,000. 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.

Chet A. Keen

    Mr. Keen, 52, 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, 20/70. Following an examination in 2011, his optometrist 
noted, ``It is my professional opinion that Mr. Keen has demonstrated 
visual ability to safely operate both private and commercial 
vehicles.'' Mr. Keen reported that he has driven straight trucks for 11 
years, accumulating 440,000 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.

Julian A. Mancha

    Mr. Mancha, 38, has had complete loss of vision in his right eye 
since childhood. The best corrected visual acuity in left eye is 20/20. 
Following an examination in 2011, his optometrist noted, ``In my 
medical opinion, I certify that Mr. Julian Mancha has sufficient vision 
to drive and operate commercial vehicles.'' Mr. Mancha reported that he 
has driven tractor-trailer combinations for 9 years, accumulating 
787,500 miles. He holds a Class A CDL from Texas. His driving record 
for the last 3 years shows no crashes but one conviction for speeding 
in a CMV. He exceeded the speed limit by 10 mph.

Daniel I. Miller

    Mr. Miller, 41, has had a pituitary tumor in his left eye since 
1982. The best corrected visual acuity in his right eye is 20/20 and in 
his left eye, from perception only. Following an examination in 2011, 
his optometrist noted, ``In summary, Mr. Miller in my professional 
opinion, has adequate vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Miller reported that he has driven 
straight trucks for 6 years, accumulating 120,000 miles and tractor-
trailer combinations for 8 years accumulating, 496,000 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.

Elijah Mitchell

    Mr. Mitchell, 42, has a macular scar in his left eye due to a 
traumatic injury sustained in 1994. The best corrected visual acuity in 
his right eye is count-finger vision and in his left eye, 20/20. 
Following an examination in 2011, his optometrist noted, ``In my 
medical opinion, the patient has sufficient vision to perform the 
driving tasks required to operate a commercial motor vehicle.'' Mr. 
Mitchell reported that he has driven straight trucks for 10 years, 
accumulating 660,000 miles and tractor-trailer combinations for 6 
years, accumulating 750,000. 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.

Gregory M. Quilling

    Mr. Quilling, 57, has a damaged retina in his left eye due to a 
traumatic injury sustained in 1983. The visual acuity in his right eye 
is 20/20 and in his left eye, light perception. Following an 
examination in 2011, his optometrist noted, ``In my opinion, Mr. 
Quilling has sufficient vision to operate a commercial vehicle.'' Mr. 
Quilling reported that he has driven straight trucks for 39 years, 
accumulating 1.3 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.

Donald L. Schaeffer

    Mr. Schaeffer, 59, 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, light perception. Following an examination in 2011, his 
optometrist noted, ``Mr. Schaeffer can safely operate a motor vehicle 
based on his field vision at this time.'' Mr. Schaeffer reported that 
he has driven straight trucks for 39 years, accumulating 2.7 million 
miles. He holds a Class E operator's license 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 March 14, 2012. 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 7, 2012.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-3263 Filed 2-10-12; 8:45 am]
BILLING CODE 4910-EX-P


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