
[Federal Register Volume 77, Number 117 (Monday, June 18, 2012)]
[Notices]
[Pages 36336-36338]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14752]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0159]


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 10 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 requirement.

DATES: Comments must be received on or before July 18, 2012.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2012-0159 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 10 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

Donald S. Dickerson

    Mr. Dickerson, age 65, has complete loss of vision in his right eye 
due to a traumatic injury sustained in 2000. The best corrected visual 
acuity in his left eye is 20/20. Following an examination in 2011, his 
optometrist noted, ``In my opinion Mr. Dickerson has no difficulties in 
performing visual tasks

[[Page 36337]]

needed to operate a commercial vehicle.'' Mr. Dickerson reported that 
he has driven straight trucks for 28 years, accumulating 1.7 million 
miles. He holds a Class A Commercial Driver's License (CDL) from West 
Virginia. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Michael J. Ernst

    Mr. Ernst, 61, has loss of vision in his left eye due to a 
traumatic injury sustained in 1972. 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, ``Mr. Ernst 
has sufficient vision to operate a commercial vehicle.'' Mr. Ernst 
reported that he has driven tractor-trailer combinations for 19 years, 
accumulating 1.1 million miles. He holds a Class A CDL from Nebraska. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Derek L. Jones, Sr.

    Mr. Jones, 50 has had an enucleation of his left eye since 
childhood. The best corrected visual acuity in his right eye is 20/20. 
Following an examination in 2012, his ophthalmologist noted, ``This and 
the visual acuity indicates that he has normal vision in this eye thus 
his vision should not limit his ability to operate a commercial 
vehicle.'' Mr. Jones reported that he has driven straight trucks for 
one year, accumulating 37,500 miles, and tractor-trailer combinations 
for 25 years, accumulating 1.5 million 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.

Richard L. Miller

    Mr. Miller, 52, 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 2011, his optometrist noted, 
``It is my opinion, given Mr. Miller's life long amblyopia (decreased 
vision of one eye) that he is well adapted to his visual condition and 
makes appropriate adjustments for operating a commercial vehicle.'' Mr. 
Miller reported that he has driven tractor-trailer combinations for 30 
years, accumulating 3.9 million miles. He holds a Class A CDL from 
Indiana. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

James R. Morgan

    Mr. Morgan, 58, has a prosthetic right eye due to a history of 
retinoblastoma sustained as a child. The best corrected visual acuity 
in his left eye is 20/20. Following an examination in 2012, his 
ophthalmologist noted, ``The patient does have sufficient vision to 
meet the requirements to operate a commercial vehicle.'' Mr. Morgan 
reported that he has driven straight trucks for 15 years, accumulating 
150,000 miles, and tractor-trailer combinations for 20 years, 
accumulating 1,000 miles. He holds a Class C chauffer's license from 
Michigan. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

William C. Sanders

    Mr. Sanders, 31, has optic atrophy in his right eye from a 
traumatic injury sustained as a child. The best corrected visual acuity 
in his right eye is 20/150, and in his left eye, 20/20. Following an 
examination in 2011, his optometrist noted, ``In my opinion, patient 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Sanders reported that he has driven 
straight trucks for 17 years, accumulating 85,000 miles. He holds a 
Class B CDL from Tennessee. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Dan P. Till

    Mr. Till, 63, has had amblyopia in his left eye since childhood. 
The best corrected visual acuity in his right eye is 20/25 and in his 
left eye, 20/60. Following an examination in 2012, his ophthalmologist 
noted, ``In my medical opinion the patient Mr. Till has sufficient 
corrected vision to perform the task to operate a commercial motor 
vehicle, and qualify for Federal Motor Carrier Safety Administration 
criteria.'' Mr. Till reported that he has driven straight trucks for 41 
years, accumulating 164,000 miles, and tractor-trailer combinations for 
41 years, accumulating 4.5 million 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.

Richard D. Tucker II

    Mr. Tucker, 43, has had amblyopia in his left eye since childhood. 
The best corrected visual acuity in his right eye, 20/20, and in his 
left eye, 20/80. Following an examination in 2011, his optometrist 
noted, ``It is our opinion that Mr. Tucker has sufficient vision to 
operate a commercial vehicle, however, it is strongly recommended that 
he returns for his annual eye examination.'' Mr. Tucker reported that 
he has driven straight trucks for 23 years, accumulating 1.8 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.

Jay A. Turner

    Mr. Turner, 46, has had refractive amblyopia in his left eye since 
birth. The best corrected visual acuity in his right eye, 20/20, and in 
his left eye, 20/400. Following an examination in 2012, his optometrist 
noted, ``Mr. Jay Turner, in our opinion, has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Turner reported that he has driven straight trucks for 4 years, 
accumulating 208,000 miles, and tractor-trailer combinations for 9 
years, accumulating 468,000 miles. He holds a Class A CDL from Ohio. 
His driving record for the last 3 years shows one crash, which he was 
not cited for, and no convictions for moving violations in a CMV.

Jack L. Woolever

    Mr. Woolever, 58, has had amblyopia in his left eye since birth. 
The best corrected visual acuity in his right eye is 20/30, and in his 
left eye, 20/400. Following an examination in 2012, his ophthalmologist 
noted, ``I believe this patient has sufficient vision to be able to 
continue driving commercially.'' Mr. Woolever reported that he has 
driven straight trucks for 5 years, accumulating 50,000 miles, and 
tractor-trailer combinations for 5 years, accumulating 50,000 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.

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 July 18, 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

[[Page 36338]]

closing date. Interested persons should monitor the public docket for 
new material.

    Issued on: June 11, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-14752 Filed 6-15-12; 8:45 am]
BILLING CODE 4910-EX-P


