
[Federal Register Volume 76, Number 200 (Monday, October 17, 2011)]
[Notices]
[Pages 64169-64171]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-26690]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0190]


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 14 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 November 16, 2011.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2011-0190 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 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, (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 14 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

Kevin G. Clem

    Mr. Clem, 49, has had retinal detachment in his left eye due to a 
traumatic injury that occurred in 1982. The best corrected visual 
acuity in his right eye is 20/15, and in his left eye is 20/600. 
Following an examination in 2011, his ophthalmologist noted, ``Kevin 
has driven with a commercial driver's license for years and, in my 
opinion, his visual and ocular functioning would not restrict his 
ability to continue driving commercially.'' Mr. Clem reported that he 
has driven tractor-trailer combinations for 9\1/2\ years, accumulating 
665,000 miles. He holds a

[[Page 64170]]

Class A CDL from South Dakota. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Richard A. Hackney

    Mr. Hackney, 36, 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. Following an examination in 2011, his 
ophthalmologist noted, ``It is my medical opinion that Mr. Hackney has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Hackney reported that he has driven straight 
trucks for 15 years, accumulating 30,000 miles. He holds a Class E 
operator's license from Missouri. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Rocky J. Lachney

    Mr. Lachney, 28, has had amblyopia in his right eye since birth. 
The best corrected visual acuity in his left eye is 20/20, and in his 
right eye, 20/150. Following an examination in 2011, his optometrist 
noted, ``I certify, in my opinion, he has sufficient vision to safely 
drive a commercial vehicle.'' Mr. Lachney reported that he has driven 
straight trucks for 6 years, accumulating 28,800 miles and tractor-
trailer combinations for 6 years, accumulating 600 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.

Herman Martinez

    Mr. Martinez, 55, has had complete loss of vision in his right eye 
due to an injury sustained in 1976. The best corrected visual acuity in 
his left eye is 20/15. Following an examination in 2011, his 
ophthalmologist noted, ``It is my opinion, Mr. Martinez has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Martinez reported that he has driven straight trucks for 
34 years, accumulating 136,000 miles and tractor-trailer combinations 
for 21 years, accumulating 84,000 miles. He holds a Class D operator's 
license from New Mexico. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

Charles L. McClendon

    Mr. McClendon, 48, has a prosthetic left eye, due to injury since 
childhood. The best corrected visual acuity in his right eye is 20/20. 
Following an examination in 2011, his optometrist noted, ``In my 
professional opinion, Mr. McClendon is visually qualified to operate a 
commercial vehicle.'' Mr. McClendon reported that he has driven 
straight trucks for 7 years, accumulating 84,000 miles. He holds a 
Class E operator's license from Florida. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Gerald L. Pagan

    Mr. Pagan, 50, 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, 20/350. Following an examination in 2011, his optometrist noted, 
``I, Andrew J. Lovsin, OD, certify that Mr. Jerry Pagan has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Pagan reported that he has driven tractor-trailer 
combinations for 4 years, accumulating 436,800 miles. He holds a Class 
A CDL from North Carolina. 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.

Danny C. Pope

    Mr. Pope, 50, 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, light perception. Following an examination in 2011, his 
optometrist noted, ``He will be able to drive a commercial vehicle 
since he is correctable to 20/20 in his right eye.'' Mr. Pope reported 
that he has driven straight trucks for 6 years, accumulating 294,000 
miles and tractor-trailer combinations for 31 years, accumulating 2.6 
million 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.

David A. Rice

    Mr. Rice, 47, has a prosthetic left eye due to a traumatic injury 
sustained in 2000. The best corrected visual acuity in his right eye is 
20/30. Following an examination in 2011, his optometrist noted, ``I 
feel he has sufficient vision to perform his commercial vehicle driving 
tasks.'' Mr. Rice reported that he has driven straight trucks for 16 
years, accumulating 3,200 miles and tractor-trailer combinations for 16 
years, accumulating 3,200 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.

Levi A. Shetler

    Mr. Shetler, 38, has had central retinal vein occlusion in his 
right eye since 2006. 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, ``It is my opinion that Mr. Shetler does have 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Shetler reported that he has driven straight 
trucks for 3\1/2\ years, accumulating 28,000 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.

Rick E. Smith

    Mr. Smith, 52, 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, 20/80. Following an examination in 2011, his optometrist 
noted, ``Please be advised that I have certified that Rick Smith has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Smith reported that he has driven straight 
trucks for 31 years, accumulating 930,000 miles and tractor-trailer 
combinations for 31 years, accumulating 930,000 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.

Juan E. Sotero

    Mr. Sotero, 47, has had postenor ureal malignant melanoma in his 
right eye since 2000. The best corrected visual acuity in his right eye 
is 20/300, and in his left eye is 20/25. Following an examination in 
2011, his optometrist noted, ``In my opinion, Mr. Sotero has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Sotero reported that he has driven straight trucks for 
5.9 years, accumulating 44,250 miles. He holds a Class B CDL from 
Florida. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Randell K. Tyler

    Mr. Tyler, 40, has had complete loss of vision in his right eye due 
to toscoplasmosis since childhood. The visual acuity in his left eye is 
20/20. Following an examination in 2011, his ophthalmologist noted, ``I 
feel he has sufficient vision to drive a commercial vehicle.'' Mr. 
Tyler reported that he has driven straight trucks for 10 years, 
accumulating 200,000 miles. He holds a Class D operator's license from 
Alabama. His driving record for the last

[[Page 64171]]

3 years shows no crashes and no convictions for moving violations in a 
CMV.

Steven R. Wetlesen

    Mr. Wetlesen, 44, has had retinal detachment in his left eye due to 
an injury sustained at age 14. The best corrected visual acuity in his 
right eye is 20/20 and in his left eye light perception only. Following 
an examination in 2011, his ophthalmologist noted, ``Mr. Wetlesen has 
stable visual impairment of the left eye due to trauma. No significant 
change in his eye exam is anticipated. Given that he has safely 
operated commercial vehicles in the past, I am of the medical opinion 
that he is safe to continue operating commercial vehicles.'' Mr. 
Wetlesen reported that he has driven straight trucks for 11 years, 
accumulating 220,000 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.

Jeffrey K. Yockey

    Mr. Yockey, 51, has had cataract and a retinal scar in his left eye 
due to an injury since age 10. The best corrected visual acuity in his 
right eye is 20/20, and in his left eye, 20/50. Following an 
examination in 2011, his optometrist noted, ``I believe that Mr. Yockey 
meets the criteria you specify and that he has sufficient vision to 
perform the essential tasks of driving a commercial vehicle.'' Mr. 
Yockey reported that he has driven tractor-trailer combinations for 33 
years, accumulating 4.6 million miles. He holds a Class A CDL from 
Ohio. His driving record for the last 3 years shows no crashes and two 
convictions for speeding in a CMV; in the first instance, he exceeded 
the speed limit by 11 mph and in the second incidence, he exceeded the 
speed limit by 4 mph.

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 November 16, 2011. 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: October 6, 2011.
Larry W. Minor,
 Associate Administrator of Policy.
[FR Doc. 2011-26690 Filed 10-14-11; 8:45 am]
BILLING CODE 4910-EX-P


