
[Federal Register: August 9, 2010 (Volume 75, Number 152)]
[Notices]               
[Page 47883-47886]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09au10-103]                         

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0187]

 
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 21 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 September 8, 2010.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2010-0187 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,

[[Page 47884]]

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 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 Federal Docket 
Management System 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: 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 
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 21 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

Randall J. Benson

    Mr. Benson, age 40, 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, 20/50. Following an examination in 2010, his 
optometrist noted, ``This patient does not present any greater risk in 
driving tasks than other drivers and, given his record, he should have 
sufficient vision to perform the driving tasks required for a 
commercial vehicle.'' Mr. Benson reported that he has driven straight 
trucks for 4 years, accumulating 60,000 miles. He holds a Class D 
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.

Larry D. Brown

    Mr. Brown, 53, has had complete loss of vision in his left eye 
since 1985. The best corrected visual acuity in his right eye is 20/20. 
Following an examination in 2010, his optometrist noted, ``In my 
professional opinion Mr. Larry Brown has sufficient vision to perform 
the driving task of a commercial vehicle based on his vision and prior 
work experience.'' Mr. Brown reported that he has driven straight 
trucks for 19 years, accumulating 47,500 miles. He holds a Class B 
Commercial Driver's License (CDL) from Maryland. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Julian W. Collins

    Mr. Collins, 49, has had macular scarring in his right eye due to a 
traumatic injury sustained in 1996. The best corrected visual acuity in 
his right eye is 20/400 and in his left eye, 20/15. Following an 
examination in 2010, his ophthalmologist noted, ``I certify that Mr. 
Collins's eye exam today is stable and that in my medical opinion he 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Collins reported that he has driven 
straight trucks for 8 years, accumulating 40,000 miles and tractor 
trailer combinations for 23 years, accumulating 414,000 miles. He holds 
a Class A CDL from Georgia. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

James G. Etheridge

    Mr. Etheridge, 45, has had complete loss of vision in his right eye 
since 1971 due to trauma. The best corrected visual acuity in his left 
eye is 20/20. Following an examination in 2010, his optometrist noted, 
``Patient's vision is sufficient to drive a commercial vehicle.'' Mr. 
Etheridge reported that he has driven straight trucks for 12 years, 
accumulating 240,000 miles. He holds a Class B CDL from Texas. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Jerry A. Evans

    Mr. Evans, 63, has had a prosthetic right eye due to trauma since 
1980. The best corrected visual acuity in his left eye is 20/25. 
Following an examination in 2010, his ophthalmologist noted, ``It is my 
medical opinion that Mr. Evans has the ability to perform driving tasks 
necessary to operate a commercial vehicle.'' Mr. Evans reported that he 
has driven straight trucks for 30 years, accumulating 507,000 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.

Guy R. Flowers, Jr.

    Mr. Flowers, 57, has had complete loss of vision in his left eye 
since 2005 due to trauma. The best corrected visual acuity in his right 
eye is 20/20. Following an examination in 2010, his optometrist noted, 
``In my opinion, providing he utilizes adequate rear-view mirror and 
side-view mirrors on both sides of his vehicle, he should have 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Flowers reported that he has driven tractor-
trailer combinations for 27 years, accumulating 2.1 million miles. He 
holds a Class A CDL from Alaska. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Jeremy L. Fricke

    Mr. Fricke, 27, has had complete loss of vision in his right eye 
since 2000 due to trauma. The best corrected visual acuity in his left 
eye is 20/15. Following an examination in 2010, his optometrist noted, 
``His vision in the left eye is excellent uncorrected and, in my 
opinion, is sufficient to perform the driving tasks required to operate 
a

[[Page 47885]]

commercial vehicle.'' Mr. Fricke reported that he has driven straight 
trucks for 11 years, accumulating 27,500 miles and tractor-trailer 
combinations for 7 years, accumulating 54,600 miles. He holds a Class D 
operator's license from North Dakota. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Richard W. Gleiforst

    Mr. Gleiforst, 48, has had a prosthetic left eye due to trauma 
since 1993. The best corrected visual acuity in his right eye is 20/15. 
Following an examination in 2010, his optometrist noted, ``In my 
medical opinion Richard Gleiforst has sufficient vision to operate a 
commercial vehicle as he has been for the last ten years.'' Mr. 
Gleiforst reported that he has driven straight trucks for 4 years, 
accumulating 17,600 miles and tractor-trailer combinations for 11 
years, accumulating 1.1 million 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.

Edward P. Hynes, II

    Mr. Hynes, 52, 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 2010, his optometrist noted, 
``Mr. Hynes can recognize the colors of traffic control signals and 
devices showing red, green and amber; and in my medical opinion he has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Hynes reported that he has driven straight 
trucks for 25 years, accumulating 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.

Keith R. Jordan

    Mr. Jordan, 40, has had retinal scarring in his right eye since 
1990. 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, ``Since Mr. Jordan has had this condition for a long 
time, and it is stable, it is my opinion that his vision is sufficient 
to do the tasks needed to operate a commercial vehicle.'' Mr. Jordan 
reported that he has driven straight trucks for 22 years, accumulating 
22,000 miles and tractor trailer combinations for 15 years, 
accumulating 840,000 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.

Theodore D. Kirby

    Mr. Kirby, 30, 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, 20/400. Following an examination in 2010, his ophthalmologist 
noted, ``In my medical opinion, Mr. Kirby has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Kirby reported that he has driven straight trucks for 3 years, 
accumulating 45,000 miles. He holds a Class B CDL from Maryland. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Joseph A. Leigh, Jr.

    Mr. Leigh, 48, 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 do believe that Mr. Leigh has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. Leigh 
reported that he has driven straight trucks for 20 years, accumulating 
1.5 million 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.

John L. Lethcoe

    Mr. Lethcoe, 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, hand-motion vision only. Following an examination in 2010, 
his ophthalmologist noted, ``In my opinion, his vision is sufficient to 
continue to operate a commercial vehicle.'' Mr. Lethcoe reported that 
he has driven straight trucks for 5.5 years, accumulating 198,000 
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.

Ronald J. McTague

    Mr. McTague, 53, 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, 20/400. Following an examination in 2010, his optometrist noted, 
``My opinion is that Mr. McTague should have no restrictions on him in 
regards to operating a commercial vehicle.'' Mr. McTague reported that 
he has driven straight trucks for 12 years, accumulating 900,000 miles 
and tractor-trailer combinations for 17 years, accumulating 2.5 million 
miles. He holds a Class A CDL from Ohio. His driving record for the 
last 3 years shows one crash and no convictions for moving violations 
in a CMV.

Benito Saldana

    Mr. Saldana, 52, has retinal detachment in his left eye due to a 
traumatic injury sustained in 1981. The best corrected visual acuity in 
his right eye is 20/20 and in his left eye, 20/200. Following an 
examination in 2010, his ophthalmologist noted, ``It is my medical 
opinion that this gentleman has proven that he can drive a commercial 
vehicle and he can continue doing his job.'' Mr. Saldana reported that 
he has driven tractor-trailer combinations for 34 years, accumulating 
4.4 million miles. He holds a Class A CDL from Texas. His driving 
record for the last 3 years shows no crashes and one conviction for a 
moving violation in a CMV. He exceeded the speed limit by 14 miles per 
hour (mph).

Julius Simmons, Jr.

    Mr. Simmons, 40, has had loss of vision in his right eye since 1988 
due to trauma. The best corrected visual acuity in his right eye is 
hand-motion only and in his left eye, 20/20. Following an examination 
in 2010, his optometrist noted, ``I do believe that the issues 
involving the right eye do not affect his ability to safely operate a 
commercial vehicle.'' Mr. Simmons reported that he has driven tractor-
trailer combinations for 14 years, accumulating 1.6 million miles. He 
holds a Class A CDL from South Carolina. His driving record for the 
last 3 years shows two crashes, one for which he was not cited, and no 
convictions for moving violations in a CMV.

Kenneth J. Weaver

    Mr. Weaver, 31, has had hamartoma in his right eye since birth. The 
best corrected visual acuity in his right eye is light perception only 
and in his left eye, 20/20. Following an examination in 2010, his 
optometrist noted, ``Kenneth Weaver has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Weaver reported that he has driven tractor-trailer combinations for 3 
years accumulating 75,750 miles. He holds a Class A CDL from Wyoming. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Carl V. Wheeler

    Mr. Wheeler, 54, has had a prosthetic left eye since 1980. The best 
corrected

[[Page 47886]]

visual acuity in his right eye is 20/20. Following an examination in 
2010, his ophthalmologist noted, ``In my medical opinion, Mr. Wheeler 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Wheeler reported that he has driven 
straight trucks for 35 years, accumulating 437,500 miles and tractor-
trailer combinations for 10 years, accumulating 42,500 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.

Stephen B. Whitt

    Mr. Whitt, 44, has had pseudoangioma in his right eye since 1994. 
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 medical opinion that Stephen Whitt has sufficient 
vision to perform the task of driving a commercial vehicle.'' Mr. Whitt 
reported that he has driven straight trucks for 15 years, accumulating 
750,000 miles and tractor-trailer combinations for 20 years, 
accumulating 3 million 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.

Darrell F. Woosley

    Mr. Woosley, 66, has had loss of vision since 2006 due to a central 
retinal vein occlusion. The best corrected visual acuity in his right 
eye is 20/200 and in his left eye, 20/25. Following an examination in 
2010, his ophthalmologist noted, ``It is my opinion that Mr. Darrell 
Woosley's vision is sufficient to allow him to drive a commercial 
vehicle based on his testing in the clinic.'' Mr. Woosley reported that 
he has driven tractor-trailer combinations for 44 years, accumulating 
3.1 million miles. He holds a Class A CDL from Illinois. His driving 
record for the last 3 years shows no crashes and two convictions for 
moving violations in a CMV. On the first occasion, he was cited for 
failure to obey a traffic sign and on the second occasion, he exceeded 
the speed limit by 9 mph.

Jason M. Zaragoza

    Mr. Zaragoza, 37, has had macular scarring in his right eye since 
2003. The best corrected visual acuity in his right eye is 20/100 and 
in his left eye, 20/20. Following an examination in 2010, his 
ophthalmologist noted, ``I certify that in my medical opinion, Jason 
Zaragoza has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Zaragoza reported that he has 
driven straight trucks for 8 years, accumulating 208,000 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.

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 September 8, 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: July 29, 2010.
 Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-19594 Filed 8-6-10; 8:45 am]
BILLING CODE 4910-EX-P

