Federal Register / Vol. 77, No. 77 / Friday, April 20, 2012 / Notices 23799 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2012–0040] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of applications for 

exemptions; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from 10 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 May 21, 2012. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2012–0040 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. 

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 selfaddressed, 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, 

fmcsamedical@dot.gov, 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 10 

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 

Rudolph P. Bisschop 

Mr. Bisschop, age 55, has had 

amblyopia in his left eye since 

childhood. The best corrected visual 

acuity in his right eye is 20/30, and in 

his left eye, 20/80. Following an 

examination in 2011, his 

ophthalmologist noted, ‘‘In my medical 

opinion, you have sufficient stable 

vision to perform all of the driving tasks 

required to operate a commercial motor 

vehicle.’’ Mr. Bisschop reported that he 

has driven tractor-trailer combinations 

for 30 years, accumulating 1.9 million 

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. 

Richard Doroba 

Mr. Doroba, 46, 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 2011, his 

optometrist noted, ‘‘Mr. Doroba, in my 

medical opinion, has sufficient vision to 

perform the driving tasks required of a 

commercial vehicle operator.’’ Mr. 

Doroba reported that he has driven 

tractor-trailer combinations for 25 years, 

accumulating 1.5 million miles. He 

holds a Class A CDL from Illinois. His 

driving record for the last 3 years shows 

one crash for which he was cited for 

speeding too fast for conditions and no 

convictions for moving violations in a 

CMV. 

Dennis E. Fisher 

Mr. Fisher, 55, has a history of 

macular degeneration in his right eye 

due to branch vein occlusion. The best 

corrected visual acuity in his right eye 

is 20/80, and in his left eye, 20/30. 

Following an examination in 2011, his 

ophthalmologist noted, ‘‘Has sufficient 

vision to perform the driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Fisher reported that he has 

driven tractor-trailer combinations for 

31 years, accumulating 3.6 million 

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. 

Charles W. Gajefski 

Mr. Gajefski, 53, has had a retinal scar 

in his right eye since childhood. The 

best corrected visual acuity in his right 

eye is 20/200, and in his left eye, 20/15. 

Following an examination in 2011, his 

optometrist noted, ‘‘It is my professional 

opinion that Charles is capable of safely 

performing the driving tasks necessary 

to operate a commercial vehicle.’’ Mr. 

Gajefski reported that he has driven 

tractor-trailer combinations for 2 years, 

accumulating 400,000 miles. He holds a 

Class A CDL from Colorado. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Steven M. Martin 

Mr. Martin, 45, has had amblyopia in 

his right eye since birth. The best 

corrected visual acuity in his right eye 

is 20/2000, and in his left eye, 20/20. 

Following an examination in 2011, his 

optometrist noted, ‘‘In my medical 


tkelley on DSK3SPTVN1PROD with NOTICES
23800 Federal Register / Vol. 77, No. 77 / Friday, April 20, 2012 / Notices 

opinion, Mr. Martin has sufficient 

vision to operate a commercial motor 

vehicle.’’ Mr. Martin reported that he 

has driven straight trucks for 28 years, 

accumulating 84,000 miles and tractortrailer combinations for 14 years, 

accumulating 196,000 miles. He holds a 

Class A CDL from Illinois. 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 16 mph. 

Charles A. Padgett 

Mr. Padgett, 53, has had staphyloma 

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 

2011, his optometrist noted, ‘‘I do 

believe he has sufficient vision to 

perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Padgett reported that he has driven 

straight trucks for 9 years, accumulating 

468,000 miles and tractor-trailer 

combinations for 6 years, accumulating 

240,000 miles. He holds a Class A CDL 

from Florida. His driving record for the 

last 3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Joseph L. Ruff. 

Mr. Ruff, 51, has had coat’s disease in 

his right eye since birth. The visual 

acuity in his right eye is light 

perception, and in his left eye, 20/15. 

Following an examination in 2011, his 

ophthalmologist noted, ‘‘I feel that he 

has sufficient vision to perform driving 

tasks required to operate a commercial 

motor vehicle.’’ Mr. Ruff reported that 

he has driven straight trucks for 4 years, 

accumulating 52,000 miles. He holds a 

Class C operator’s license from Georgia. 

His driving record for the last 3 years 

shows no crashes and no convictions for 

moving violations in a CMV. 

Tommy Thomas 

Mr. Thomas, 52, has a prosthetic right 

eye due to a traumatic injury sustained 

in 1971. The visual acuity in his right 

eye is no light perception, and in his left 

eye, 20/20. Following an examination in 

2011, his ophthalmologist noted, ‘‘The 

patient has been advised of monocular 

precautions and is cleared to drive a 

commercial vehicle at this time.’’ Mr. 

Thomas reported that he has driven 

tractor-trailer combinations for 3 years, 

accumulating 195,000 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. 

Malcolm J. Tilghman, Sr. 

Mr. Tilghman, 51, 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 2011, his 

optometrist noted, ‘‘In this case I certify 

that vision in Mr. Tilghman’s left eye 

qualifies him to operate a commercial 

motor vehicle.’’ Mr. Tilghman reported 

that he has driven straight trucks for 

3 years, accumulating 687,500 miles and 

buses for 10 years, accumulating 

100,000 miles. He holds a Class B CDL 

from Delaware. His driving record for 

the last 3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

William S. Willis, Jr. 

Mr. Willis, 74, 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, 20/25. 

Following an examination in 2011, his 

ophthalmologist noted, ‘‘Has significant 

vision to operate commercial vehicle.’’ 

Mr. Willis reported that he has driven 

straight trucks for 57 years, 

accumulating 798,000 miles and tractortrailer combinations for 30 years, 

accumulating 180,000 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. 

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 May 21, 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: April 16, 2012. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2012–9553 Filed 4–19–12; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2007–0071; FMCSA– 

2009–0011; FMCSA–2009–0291; FMCSA– 

2010–0050] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of renewal of 

exemptions; request for comments. 

SUMMARY: FMCSA announces its 

decision to renew the exemptions from 

the vision requirement in the Federal 

Motor Carrier Safety Regulations for 11 

individuals. FMCSA has statutory 

authority to exempt individuals from 

the vision requirement if the 

exemptions granted will not 

compromise safety. The Agency has 

concluded that granting these 

exemption renewals will provide a level 

of safety that is equivalent to or greater 

than the level of safety maintained 

without the exemptions for these 

commercial motor vehicle (CMV) 

drivers. 

DATES: This decision is effective May 

21, 2012. Comments must be received 

on or before May 21, 2012. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) numbers: FMCSA– 

2007–0071; FMCSA–2009–0011; 

FMCSA–2009–0291; 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 or Courier: 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. 

Instructions: Each submission must 

include the Agency name and the 

docket number 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 


tkelley on DSK3SPTVN1PROD with NOTICES