
[Federal Register: March 26, 2010 (Volume 75, Number 58)]
[Notices]               
[Page 14656-14658]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26mr10-111]                         


[[Page 14656]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket ID. FMCSA-2010-0050]

 
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 26, 2010.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID 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: 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.
    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, 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 
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

Dean R. Allen

    Mr. Allen, age 55, has had optic nerve atrophy in his left eye 
since birth. The best corrected visual acuity in his right eye is 20/25 
and in his left eye, count-finger vision. Following an examination in 
2009, his optometrist noted, ``It is my medical opinion, that Mr. Dean 
Allen has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Allen reported that he has driven 
straight trucks for 34 years, accumulating 578,000 miles and tractor-
trailer combinations for 25 years, accumulating 275,000 miles. He holds 
a Class A Commercial Driver's License (CDL) from Oregon. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Donald C. Butler

    Mr. Butler, 51, has had cataracts in his left eye since 2005. The 
best corrected visual acuity in his right eye is 20/20 and in his left 
eye, 20/400. Following an examination in 2009, his optometrist noted, 
``It is my opinion that Donald has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Butler 
reported that he has driven straight trucks for 2 years, accumulating 
8,000 miles and tractor-trailer combinations for 15 years, accumulating 
939,900 miles. He holds a Class A CDL from New Mexico. His driving 
record for the last 3 years shows no crashes and one conviction for 
speeding in a CMV. He exceeded the speed limit by 10 miles per hour 
(mph).

Alan R. Fontaine

    Mr. Fontaine, 44, 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 
ophthalmologist noted, ``I certify under my medical opinion that Mr. 
Alan Fontaine has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Fontaine reported that 
he has driven straight trucks for 3\1/2\; years, accumulating 42,000 
miles. He holds a Class D operator's license from Connecticut. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Malcolm R. Heins

    Mr. Heins, 67, has complete loss of vision in his 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, ``Malcolm has sufficient vision in his right eye to 
operate a commercial vehicle.'' Mr. Heins reported that he has driven 
straight trucks for 8 years, accumulating 28,000 miles and tractor-
trailer combinations for 8 years, accumulating 520,000 miles. He holds 
a Class A CDL from Wisconsin. His driving record for the last 3 years 
shows three crashes, for which he was not cited, and no convictions for 
moving violations in a CMV.

Mark Hill

    Mr. Hill, 47, has had retinal and macular detachment in his left 
eye since birth. The best corrected visual acuity in his right eye is 
20/25. Following an examination in 2009, his optometrist

[[Page 14657]]

noted, ``It is my medical opinion that Mark Hill is qualified and has 
sufficient vision to perform the driving task required to operate a 
commercial vehicle.'' Mr. Hill reported that he has driven straight 
trucks for 15 years, accumulating 130,500 miles. He holds a Class B CDL 
from West Virginia. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Herbert C. Hirsch

    Mr. Hirsch, 63, has had a prosthetic left eye since childhood. The 
best corrected visual acuity in his right eye is 20/20. Following an 
examination in 2009, his ophthalmologist noted, ``I certify in my 
medical opinion, Mr. Herbert Hirsch has full function of his remaining 
eye and I feel he has sufficient vision to perform the driving tasks 
required for operating a commercial vehicle.'' Mr. Hirsch reported that 
he has driven straight trucks for 40 years, accumulating 800,000 miles 
and tractor-trailer combinations for 25 years, accumulating 750,000 
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.

Michael D. Kilgore

    Mr. Kilgore, 37, has had demyelinizing optic neuropathy in his left 
eye since birth. The best corrected visual acuity in his right eye is 
20/15 and in his left eye, 20/600. Following an examination in 2009, 
his optometrist noted, ``In my medical opinion, Michael Kilgore has 
sufficient vision to operate a commercial vehicle.'' Mr. Kilgore 
reported that he has driven straight trucks for 10 years, accumulating 
300,000 miles and tractor-trailer combinations for 5 years, 
accumulating 300,000 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.

Joseph J. Kushak

    Mr. Kushak, 38, has optic atrophy of the left eye due to trauma 
sustained in 2002. The best corrected visual acuity in his right eye is 
20/20 and in his left eye, light-perception only. Following an 
examination in 2009, his optometrist noted, ``It is my opinion he has 
sufficient vision and field to operate a commercial vehicle.'' Mr. 
Kushak reported that he has driven straight trucks for 13 years, 
accumulating 1.3 million miles and tractor-trailer combinations for 5 
years, accumulating 500,000 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.

Louis C. Lee

    Mr. Lee, 47, has had complete loss of vision in his left eye since 
childhood. The best corrected visual acuity in his right eye is 20/20. 
Following an examination in 2009, his ophthalmologist noted, ``In my 
medical opinion, Mr. Lee has sufficient vision to perform the driving 
tasks required for a commercial vehicle.'' Mr. Lee reported that he has 
driven straight trucks for 31 years, accumulating 1.2 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.

Jason T. Montoya

    Mr. Montoya, 34, has had amblyopia in his left eye since birth. The 
best corrected visual acuity in his right eye is 20/15 and in his left 
eye, 20/400. Following an examination in 2009, his optometrist noted, 
``I believe from a vision standpoint, Jason is able to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Montoya 
reported that he has driven straight trucks for 14.5 years, 
accumulating 145,000 miles and tractor-trailer combinations for 14.5 
years, accumulating 145,000 miles. He holds a Class A CDL from New 
Mexico. His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Doug L. Norman

    Mr. Norman, 52, has had amblyopia in his right eye since childhood. 
The best corrected visual acuity in his right eye is 20/70 and in his 
left eye, 20/20. Following an examination in 2010, his optometrist 
noted, ``Patient should have no difficulty performing necessary driving 
tasks.'' Mr. Norman reported that he has driven straight trucks for 12 
years, accumulating 180,000 miles, tractor-trailer combinations for 30 
years, accumulating 900,000 miles and buses for 8 years, 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.

Richard W. Pierce

    Mr. Pierce, 62, has had amblyopia in his right eye since childhood. 
The best corrected visual acuity in his right eye is hand-motion vision 
and in his left eye, 20/20. Following an examination in 2009, his 
optometrist noted, ``In my medical opinion Mr. Pierce has sufficient 
central vision in his left eye and sufficient visual fields in each eye 
to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Pierce reported that he has driven straight trucks for 
28 years, accumulating 840,000 miles. He holds a Class A CDL from New 
Mexico. His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Christopher A. Reineck

    Mr. Reineck, 34, has had amblyopia in his right eye since birth. 
The best corrected visual acuity in his right eye is 20/160 and in his 
left eye, 20/20. Following an examination in 2009, his optometrist 
noted, ``In my opinion, Mr. Reineck does have sufficient vision to 
perform the driving task required to operate a commercial vehicle.'' 
Mr. Reineck reported that he has driven straight trucks for 5 years, 
accumulating 156,660 miles. He holds a Class B CDL from Ohio. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Carroll R. Rogers

    Mr. Rogers, 61, has had a prosthetic right eye since 1975. The best 
corrected visual acuity in his left eye is 20/20. Following an 
examination in 2009, his optometrist noted, ``Carroll Rogers has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Rogers reported that he has driven tractor-
trailer combinations for 35 years, accumulating 2.1 million miles. He 
holds a Class A CDL from California. 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.

Kevin L. Routin

    Mr. Routin, 59, has had aphakia and retinal detachment in his left 
eye since childhood. The best corrected visual acuity in his right eye 
is 20/15 and in his left eye, 20/300. Following an examination in 2009, 
his optometrist noted, ``It is my professional judgment that Mr. Routin 
does have sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Routin reported that he has driven 
straight trucks for 30 years, accumulating 900,000 miles, tractor-
trailer combinations for 25 years, accumulating 3.3 million miles and 
buses for 10 years, accumulating 30,000 miles. He holds a Class A CDL 
from Kentucky. His driving record for the last 3 years shows no crashes 
and no

[[Page 14658]]

convictions for moving violations in a CMV.

Lane L. Savoie

    Mr. Savoie, 57, has a prosthetic left eye due to a traumatic injury 
sustained in 1995. The best corrected visual acuity in his right eye is 
20/20. Following an examination in 2009, his ophthalmologist noted, 
``We feel Mr. Savoie has sufficient vision to operate or drive a 
commercial vehicle.'' Mr. Savoie reported that he has driven straight 
trucks for 25 years, accumulating 500,000 miles and tractor-trailer 
combinations for 25 years, accumulating 2.5 million miles. He holds a 
Class D chauffeur's license from Louisiana. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Richard G. Schumacher

    Mr. Schumacher, 64, 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 2009, his ophthalmologist 
noted, ``In my medical opinion, Mr. Schumacher has sufficient vision to 
perform driving tasks required to operate a commercial vehicle.'' Mr. 
Schumacher reported that he has driven tractor-trailer combinations for 
19 years, accumulating 2.2 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.

Scott E. Tussey

    Mr. Tussey, 49, has had ocular histoplasmosis in his right eye 
since 2003. The best corrected visual acuity in his right eye is hand-
motion vision and in his left eye, 20/20. Following an examination in 
2009, his optometrist noted, ``In my opinion he has sufficient vision 
to perform commercial driving tasks.'' Mr. Tussey reported that he has 
driven straight trucks for 10 years, accumulating 630,000 miles. He 
holds a Class A CDL from Kentucky. 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.

Todd V. Welch

    Mr. Welch, 47, has had amblyopia in his right eye since birth. The 
best corrected visual acuity in his right eye is hand-motion vision and 
in his left eye, 20/20. Following an examination in 2009, his 
optometrist noted, ``It is my medical opinion that he has sufficient 
vision to perform driving tasks required to operate a commercial 
vehicle.'' Mr. Welch reported that he has driven straight trucks for 10 
years, accumulating 200,000 miles and tractor-trailer combinations for 
10 years, accumulating 80,000 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.

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 26, 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: March 22, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-6741 Filed 3-25-10; 8:45 am]
BILLING CODE 4910-EX-P

