
[Federal Register Volume 77, Number 92 (Friday, May 11, 2012)]
[Notices]
[Pages 27847-27849]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11446]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0104


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 8 individuals for 
exemption from the vision requirement in the Federal Motor Carrier 
Safety Regulations. The applicants are unable to meet the vision 
requirement in one eye for various reasons. The reasons are annotated 
in each applicant's summary in the ``Qualifications of Applicants'' 
section below. 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.

[[Page 27848]]


DATES: Comments must be received on or before June 11, 2012.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2012-0104 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 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 8individuals 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

Joseph A. Ellis

    Mr. Ellis, age 51, has loss of vision in his right eye due to a 
traumatic injury sustained at age 14. The best corrected visual acuity 
in his right eye is 20/60, and in his left eye, 20/20. Following an 
examination in 2012, his optometrist noted, ``Mr. Ellis demonstrates 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Ellis reported that he has driven straight 
trucks for 6 years, accumulating 22,800 miles. He holds a Class D 
operator's license from New York. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Matthew G. Epps

    Mr. Epps, 35, has had amblyopia in his right eye since childhood. 
The best corrected visual acuity in his right eye is 20/400, and in his 
left eye, 20/15. Following an examination in 2012, his optometrist 
noted, ``Mr. Epps has sufficient visiual stability to operate 
commercial vehicles.'' Mr. Epps reported that he has driven straight 
trucks for 11 years, accumulating 165,000 miles and tractor-trailer 
combinations for 1 year, accumulating 19,000 miles. He holds a Class A 
Commercial Driver's License (CDL) from Florida. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Brian R. Gallagher

    Mr. Gallagher, 32, 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 2012, his 
optometrist noted, ``In my expert opinion, this person has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Gallagher reported that he has driven straight trucks 
for 11 years, accumulating 148,500 miles and tractor-trailer 
combinations for 11 years, accumulating 528,000 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.

Jolene A. Gauger

    Ms. Gauger, 29, has had amblyopia in her right eye since birth. The 
best corrected visual acuity in her right eye is 20/80, and in her left 
eye, 20/25. Following an examination in 2011, her optometrist noted, 
``I certify that in my medical opinion, Jolene Alison Gauger has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Ms. Gauger reported that she has driven straight 
trucks for 14 years, accumulating 350,000 miles. She holds a Class D 
operator's license from Wisconsin. Her driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

John F. Lynch

    Mr. Lynch, 35, has complete loss of vision in his left eye due to a 
traumatic injury sustained in the mid 1990s. The visual acuity in his 
right eye is 20/15. Following an examination in 2012, his 
ophthalmologist noted, ``In my opinion, he has sufficient vision and 
meets all the standards that are outlined on the page of criteria that 
were submitted.'' Mr. Lynch reported that he has driven straight trucks 
for 9 years, accumulating 280,800 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.

Marcus D. Perkins

    Mr. Perkins, 34, has had a retinal detachment in his left eye since 
1987. The best corrected visual acuity in his right eye is 20/20, and 
in his left eye, light perception only. Following an examination in 
2012, his optometrist noted, ``I feel Markus has sufficient vision to 
operate a commercial vehicle.'' Mr. Perkins reported that he has driven 
straight trucks for 8 months, accumulating 160,000 miles and tractor-

[[Page 27849]]

trailer combinations for 10 years, accumulating 1.4 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.

Joe Ramirez

    Mr. Ramirez, 40, has had a macular scar in his left eye since 
childhood. The best corrected visual acuity in his right eye is 20/20, 
and in his left eye, 20/200. Following an examination in 2012, his 
optometrist noted, ``In my medical opinion, Mr. Ramirez has sufficient 
vision to operate a commercial vehicle.'' Mr. Ramirez reported that he 
has driven straight trucks for 4 years, accumulating 320,000 miles and 
tractor-trailer combinations for 12 years, accumulating 13.5 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.

John C. Smith

    Mr. Smith, 54, has a prosthetic right eye due to a traumatic injury 
sustained in 1987. The visual acuity in his left eye is 20/20. 
Following an examination in 2011, his optometrist noted, ``I hereby 
certify that it is my medical opinion that Mr. Smith has sufficient 
vision to safely operate a commercial vehicle.'' Mr. Smith reported 
that he has driven straight trucks for 11 years, accumulating 220,000 
miles and tractor-trailer combinations for 26 years, accumulating 10.7 
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.

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 11, 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: May 3, 2012.
 Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2012-11446 Filed 5-10-12; 8:45 am]
BILLING CODE 4910-EX-P


