
[Federal Register: May 10, 2010 (Volume 75, Number 89)]
[Notices]               
[Page 25917-25919]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10my10-107]                         

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket ID FMCSA-2010-0082]

 
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 22 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 June 9, 2010.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2010-0082 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 22 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

Clarke C. Boynton

    Mr. Boynton, age 35, 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 2009, his 
ophthalmologist noted, ``In my medical opinion, Mr. Clarke Boynton has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Boynton reported that he has driven straight 
trucks for 14 years, accumulating 350,000 miles. He holds a Class B 
Commercial Driver's License (CDL) from Massachusetts. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Clare H. Buxton

    Mr. Buxton, 63, has had a prosthetic left eye since 1998. The best 
corrected visual acuity in his right eye is 20/25. Following an 
examination in 2009, his optometrist noted, ``Clare has monocular 
vision right eye only, but in my opinion, can operate a commercial 
motor vehicle safely.'' Mr. Buxton reported that he has driven tractor-
trailer combinations for 40 years, accumulating 5.2 million miles. He 
holds a Class A CDL from Michigan. 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.

Raul Charo

    Mr. Charo, 50, has had open angle glaucoma in his right eye since 
2006. The best corrected visual acuity in his right eye is 20/60 and in 
his left eye, 20/20. Following an examination in 2009, his 
ophthalmologist noted, ``In my professional opinion, Mr. Charo has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Charo reported that he has driven straight 
trucks for 22 years, accumulating 33,000 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.

Lester M. Ellingson, Jr.

    Mr. Ellingson, 66, has had choroidal melanoma in his left eye since 
2000. 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, ``In my opinion, Lester has sufficient vision to operate a 
commercial vehicle.'' Mr. Ellingson reported that he has driven 
straight trucks for 47 years, accumulating 235,000 miles, tractor-
trailer combinations for 40 years, accumulating 960,000 miles and buses 
for 40 years, accumulating 20,000 miles. He holds a Class A CDL from 
North Dakota. His driving record for the last 3 years shows one crash 
and one conviction. His driving record for the last 3 years shows no 
crashes and one conviction for a moving violation, speeding in a CMV. 
He exceeded the speed limit by 10 mph.

Miguel H. Espinoza

    Mr. Espinoza, 34, has had amblyopia in his left eye since 1989. The 
best corrected visual acuity in his right eye is 20/20 and in his left 
eye, 20/150. Following an examination in 2009, his optometrist noted, 
``He has more than

[[Page 25918]]

sufficient vision to perform his driving tasks required to operate a 
commercial vehicle.'' Mr. Espinoza reported that he has driven straight 
trucks for 10 years, accumulating 140,000 miles. He holds a Class C 
operator's license from California. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Billy R. Gibbs

    Mr. Gibbs, 52, has had amblyopia in his right eye since childhood. 
The best corrected visual acuity in his right eye is 20/60 and in his 
left eye, 20/20. Following an examination in 2010, his ophthalmologist 
noted, ``In my medical opinion, Mr. Gibbs has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Gibbs reported that he has driven straight trucks for 5 years, 
accumulating 60,000 miles and tractor-trailer combinations for 20 
years, accumulating 700,000. 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.

Clyde J. Harms

    Mr. Harms, 59, has had amblyopia in his right eye since childhood. 
The best corrected visual acuity in his right eye is 20/80 and in his 
left eye, 20/20. Following an examination in 2009, his optometrist 
noted, ``It is my professional opinion that he is very capable of 
performing the driving tasks required to operate a commercial 
vehicle.'' Mr. Harms reported that he has driven straight trucks for 33 
years, accumulating 148,500 miles. He holds a Class B CDL from 
Illinois. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Ricky P. Hastings

    Mr. Hastings, 55, has had a prosthetic left eye since 1991. The 
best corrected visual acuity in his right eye is 20/20. Following an 
examination in 2009, his ophthalmologist noted, ``Based on my 
examination findings, I determine that Mr. Hastings has sufficient 
vision, in this right eye, to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Hastings reported that he has 
driven straight trucks for 5 years, accumulating 250,000 miles and 
tractor-trailer combinations for 10 years, accumulating 650,000 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.

Wesley V. Holland

    Mr. Holland, 48, 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, 20/400. Following an examination in 2010, his optometrist 
noted, ``In my medical opinion, Mr. Holland has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Holland reported that he has driven straight trucks for 16 years, 
accumulating 736,000 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.

William D. Holt

    Mr. Holt, 48, has had complete loss of vision in his right eye 
since childhood. The best corrected visual acuity in his left eye is 
20/20. Following an examination in 2009 his optometrist noted, ``I 
certify that Mr. Holt does have sufficient vision to drive a commercial 
vehicle based on guidelines presented to me prior to the examination.'' 
Mr. Holt reported that he has driven straight trucks for 30 years, 
accumulating 630,000 miles and tractor-trailer combinations for 30 
years, accumulating 630,000 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.

Azizi A. Jamal

    Mr. Jamal, 48, has had amblyopia and glaucoma in his left eye since 
childhood. The best corrected visual acuity in his right eye is 20/20 
and in his left eye, hand-motion vision. Following an examination in 
2010 his ophthalmologist noted, ``I do feel, in my medical opinion, 
that he has sufficient vision to perform driving tasks required to 
operate a commercial vehicle.'' Mr. Jamal reported that he has driven 
straight trucks for 3 years, accumulating 91,800 miles. He holds a 
Class D operator's license from New Jersey. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

William L. Martin

    Mr. Martin, 33, has extensive corioretinal scarring in his right 
eye due to a traumatic injury sustained at age 16. 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 William Martin has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Martin 
reported that he has driven straight trucks for 12 years, accumulating 
270,000 miles and tractor-trailer combinations for 12 years, 
accumulating 270,000 miles. He holds a Class A CDL from Oregon. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Gary G. McKown

    Mr. McKown, 60, has had a prosthetic right eye since 1961. The best 
corrected visual acuity in his left eye is 20/20. Following an 
examination in 2010, his optometrist noted, ``In my opinion, Mr. McKown 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. McKown reported that he has driven straight 
trucks for 2 years, accumulating 10,000 miles and tractor-trailer 
combinations for 39 years, accumulating 1.9 million miles. He holds a 
Class A CDL from West Virginia. 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 5 mph.

Larry D. Moss

    Mr. Moss, 55, has had complete loss of vision in his right eye 
since 1962 due to a traumatic injury. The best corrected visual acuity 
in his left eye is 20/15. Following an examination in 2009 his 
optometrist noted, ``It is my medical opinion that Mr. Larry Moss has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Moss reported that he has driven straight 
trucks for 8 years, accumulating 768,000 miles. He holds a Class C 
operator's license from California. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Leland B. Moss

    Mr. Moss, 47, 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 2009 his optometrist 
noted, ``I believe his vision is sufficient to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Moss reported 
that he has driven straight trucks for 10 years, accumulating 200,000 
miles. He holds a Class D operator's license from Vermont. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Michael J. Rankin

    Mr. Rankin, 54, has had loss of vision in his right eye since 1989 
due to

[[Page 25919]]

presumed ocular histoplasmosis. The best corrected visual acuity in his 
right eye is 20/300 and in his left eye, 20/20. Following an 
examination in 2009, his optometrist noted, ``It is my opinion that he 
has sufficient vision to safely operate a commercial vehicle across 
interstate borders.'' Mr. Rankin reported that he has driven straight 
trucks for 4 years, accumulating 60,000 miles, and tractor-trailer 
combinations for 3 years, accumulating 37,500 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.

Jacob H. Riggle

    Mr. Riggle, 48, has had macular scarring in his right eye since 
1999. 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 
optometrist noted, ``In my opinion, Mr. Riggle shows to have sufficient 
vision to perform the driving tasks required for a commercial driver 
license.'' Mr. Riggle reported that he has driven straight trucks for 
28 years, accumulating 2.3 million miles, and tractor-trailer 
combinations for 28 years, accumulating 2.5 million miles. He holds a 
Class A CDL from Oklahoma. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Terry L. Rubendall

    Mr. Rubendall, 54, has had complete loss of vision in his left eye 
since childhood due to a congenital left orbital tumor. The best 
corrected visual acuity in his right eye is 20/15. Following an 
examination in 2009, his optometrist noted, ``It is my professional 
opinion that Terry has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Rubendall reported that 
he has driven straight trucks for 29 years, accumulating 1.4 million 
miles, tractor-trailer combinations for 15 years, accumulating 75,000 
miles, and buses for 5 years, accumulating 5,000 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.

Michael L. Skeens

    Mr. Skeens, 39, has had a prosthetic left eye since childhood. The 
best corrected visual acuity in his right eye is 20/20. Following an 
examination in 2010, his ophthalmologist noted, ``I, Dr. Jeffrey 
Bunning, certify in my medical opinion that Mr. Skeens has sufficient 
vision to perform all driving tasks required to operate a commercial 
vehicle.'' Mr. Skeens reported that he has driven straight trucks for 
13 years, accumulating 416,000 miles, and tractor-trailer combinations 
for 3\1/2\; years, accumulating 35,000 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.

Lee F. Taylor

    Mr. Taylor, 54, 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, 20/70. Following an examination in 2009, his ophthalmologist 
noted, ``In my medical opinion, Lee Taylor has sufficient vision to 
perform the required tasks to operate a commercial vehicle.'' Mr. 
Taylor reported that he has driven straight trucks for 19 years, 
accumulating 855,000 miles, and tractor-trailer combinations for 19 
years, accumulating 1 million miles. He holds a Class A CDL from New 
Jersey. His driving record for the last 3 years shows no crashes and 
one conviction for a moving violation in a CMV. He failed to obey a 
traffic control device.

Aaron E. Wright

    Mr. Wright, 42, has had amblyopia and optic nerve damage in his 
right eye since 1994. The best corrected visual acuity in his right eye 
is 20/400 and in his left eye, 20/20. Following an examination in 2010, 
his optometrist noted, ``Mr. Wright has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Wright reported that he has driven straight trucks for 2 years, 
accumulating 16,000 miles, and tractor-trailer combinations for 3 
years, accumulating 315,000 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.

Michael A. Zingarella, Sr.

    Mr. Zingarella, 39, has had amblyopia and strabismus in his left 
eye since childhood. The best corrected visual acuity in his right eye 
is 20/20 and in his left eye, count-finger vision. Following an 
examination in 2010, his optometrist noted, ``It is my medical opinion 
that Mr. Zingarella has more than sufficient vision to perform the 
tasks required to operate a commercial vehicle.'' Mr. Zingarella 
reported that he has driven straight trucks for 13 years, accumulating 
650,000 miles. He holds a Class D operator's license from Connecticut. 
His driving record for the last 3 years shows no crashes and one 
conviction for a moving violation in a CMV. He failed to use the proper 
signal while changing lanes.

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 June 9, 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: April 23, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-10941 Filed 5-7-10; 8:45 am]
BILLING CODE 4910-EX-P

