[Federal Register Volume 77, Number 35 (Wednesday, February 22, 2012)]
[Notices]
[Pages 10610-10612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3991]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0378]


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 twelve 
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 23, 2012.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2011-0378 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

[[Page 10611]]

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#6b0d0608180a060e0f02080a072b0f041f450c041d"><span class="__cf_email__" data-cfemail="fa9c9799899b979f9e93999b96ba9e958ed49d958c">[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 twelve 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

Robert J. Abbas

    Mr. Abbas, age 62, has had amblyopia in his left eye since birth. 
The best corrected visual acuity in right eye is 20/20 and in his left 
eye, 20/100. Following an examination in 2011, his ophthalmologist 
noted, ``In my medical opinion, this patient has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Abbas reported that he has driven tractor-trailer combinations for 
31 years, accumulating 2.3 million miles. He holds a Class A Commercial 
Driver's License (CDL) from Minnesota. His driving record for the last 
3 years shows no crashes and one conviction for speeding in a 
Commercial Motor Vehicle (CMV); he exceeded the speed limit by 13 mph.

Paul T. Browning

    Mr. Browning, 50, has a severed optic nerve in his right eye due to 
a traumatic injury sustained in 1995. The best corrected visual acuity 
in right eye is light perception and in his left eye, 20/20. Following 
an examination in 2011, his optometrist noted, ``It is my opinion after 
examining Mr. Browning that visually he is able to operate a commercial 
motor vehicle in a safe and prudent manner.'' Mr. Browning reported 
that he has driven straight trucks for 13 years, accumulating 273,000 
miles. He holds a Class B CDL from Montana. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Robert P. Clark

    Mr. Clark, 66, has a detached retina in his left eye due to a 
traumatic injury sustained in 1967. The best corrected visual acuity in 
right eye is 20/20 and in his left eye, hand motion vision. Following 
an examination in 2011, his optometrist noted, ``It is my opinion that 
Mr. Clark has sufficient vision to operate a commercial vehicle.'' Mr. 
Clark reported that he has driven straight trucks for 45 years, 
accumulating 1.1 million miles. He holds a Class B CDL from New York. 
His driving record for the last 3 years shows no crashes and one 
conviction for a moving violation in a CMV; driving a CMV while 
disqualified.

Carey C. Earwood

    Mr. Earwood, 67, has a corneal scar in his left eye due to an 
injury sustained 55 years ago. The best corrected visual acuity in 
right eye is 20/20 and in his left eye, 20/70. Following an examination 
in 2011, his optometrist noted, ``Based on the results of the 
examination, Mr. Carey Earwood was found to have sufficient vision to 
safely operate a motor vehicle.'' Mr. Earwood reported that he has 
driven tractor-trailer combinations for 40 years, accumulating 4.4 
million 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.

Cheryl G. Johnson

    Mrs. Johnson, 66, has had complete loss of vision in her left eye 
since birth. The best corrected visual acuity in right eye 20/20. 
Following an examination in 2011, his ophthalmologist noted, ``In my 
opinion Mrs. Johnson has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mrs. Johnson reported that 
she has driven buses trucks for 24 years, accumulating 288,000 miles. 
She holds a chauffeur's license from Indiana. Her driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Kevan J. Larson

    Mr. Larson, 28, has had macular scarring in his left eye since 
birth. The best corrected visual acuity in his right eye is 20/15, and 
in his left eye, count-finger vision. Following an examination in 2011, 
his optometrist noted, ``In my medical opinion, and based upon results 
of Kevan's vision examination, I believe he has sufficient vision 
capabilities to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Larson reported that he has driven straight 
trucks for 10 years, accumulating 280,000 miles. He holds a Class D 
operator's license from Idaho. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Melvin D. Rolfe

    Mr. Rolfe, 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, 20/200. Following an examination in 2011, his optometrist 
noted, ``I feel he has sufficient vision to perform the driving tasks 
of a commercial vehicle.'' Mr. Rolfe reported that he has driven 
straight trucks for 4 years, accumulating 80,000 miles. He holds a 
Class D

[[Page 10612]]

operator's license from Minnesota. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Gilbert M. Rosas

    Mr. Rosas, 44, 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, 20/100. Following an examination in 2011, his optometrist 
noted, ``I certify that patient Gilbert Rosas has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Rosas reported that he has driven straight trucks for 14 years, 
accumulating 1.1 million miles and tractor-trailer combinations for 3 
years, accumulating 150,000 miles. He holds a Class A CDL from Arizona. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Kim A. Shaffer

    Mr. Shaffer, 61, has a prosthetic right eye due to a traumatic 
injury sustained as a child. The best corrected visual acuity in his 
left eye is 20/20. Following an examination in 2011, his optometrist 
noted, ``This patient has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Shaffer reported 
that he has driven tractor-trailer combinations for 40 years, 
accumulating 1.4 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.

Larry W. Slinker

    Mr. Slinker, 59, has had amblyopia in his right eye since 
childhood. The best corrected visual acuity in his right eye is 20/200 
and in his left eye, 20/20. Following an examination in 2011, his 
ophthalmologist noted, ``In my opinion, he should be able to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Slinker reported that he has driven tractor-trailer combinations for 2 
years, accumulating 280,000 miles and buses for 2 years, accumulating 
41,600 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.

Lonnie J. Supanchick

    Mr. Supanchick, 59, has had amblyopia in his left eye since 
childhood. The best corrected visual acuity in his right eye is 20/25, 
and in his left eye, 20/150. Following an examination in 2011, his 
optometrist noted, ``In my opinion, Mr. Lonnie Supanchick has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Supanchick reported that he has driven 
straight trucks for 11 years, accumulating 137,500 miles and tractor-
trailer combinations for 10 years, accumulating 175,000 miles. He holds 
a Class B CDL from Nevada. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Gerald W. Warner

    Mr. Warner, 20, has had amblyopia in his right eye since birth. The 
best corrected visual acuity in his right eye is 20/70 and in his left 
eye, 20/20. Following an examination in 2011, his ophthalmologist 
noted, ``In my professional opinion, Mr. Warner has sufficient vision 
to operate a commercial vehicle and to perform the driving tasks 
required.'' Mr. Warner reported that he has driven straight trucks for 
32 years, accumulating 480,000 miles and tractor-trailer combinations 
for 32 years, accumulating 1.6 million miles. He holds a Class A CDL 
from Ohio. 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 23, 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 10, 2012.
 Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2012-3991 Filed 2-21-12; 8:45 am]
BILLING CODE 4910-EX-P


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