[Federal Register: September 9, 2010 (Volume 75, Number 174)]
[Notices]
[Page 54958-54960]
[DOCID:fr09se10-139]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0201]

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 15 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 October 12, 2010.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2010-0201 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 acknowledgment 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: Dr. Mary D. Gunnels, Director, Medical
Programs,<PHONE_NUMBER><EMAIL_ADDRESS>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 15 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

James B. Bierschbach

    Mr. Bierschbach, age 50, 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, 20/70. Following an examination in 2010, his
optometrist noted, ``In my medical opinion, this patient has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle safely.'' Mr. Bierschbach reported that he has driven straight
trucks for 22 years, accumulating 1.3 million miles and tractor-trailer
combinations for 5 years, accumulating 525,000 miles. He holds a Class
A Commercial Driver's License (CDL) from Minnesota. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.

John P. Catalano

    Mr. Catalano, 44, 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, 20/50. Following an examination in 2010, his
optometrist noted, ``In my medical opinion, he has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Catalano reported that he has driven straight trucks for 26 years,
accumulating 1 million 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.

Tyrone O. Friese

    Mr. Friese, 61, has had a prosthetic left eye due to trauma since
1981. The best corrected visual acuity in his right eye is 20/20.
Following an examination in 2010, his optometrist noted, ``In my
medical opinion, Mr. Friese has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Friese
reported that he has driven straight trucks for 44 years, accumulating
440,000 miles and tractor-trailer combinations for 14 years,
accumulating 280,000 miles. He holds a Class A CDL from Minnesota. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.

Randy M. Lane

    Mr. Lane, 46, has had amblyopia in his right eye since childhood.
The best corrected visual acuity in his right eye is count-finger
vision only and in his left eye, 20/30. Following an examination in
2010, his ophthalmologist noted, ``My medical opinion is that Randy has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Lane reported that he has driven straight
trucks for 15 years, accumulating 75,000 miles. He holds a Class B CDL
from Pennsylvania. 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.

Mark E. Lapp

    Mr. Lapp, 45, has a prosthetic left eye due to a traumatic injury
sustained in 1990. The best corrected visual acuity in

his right eye is 20/16. Following an examination in 2010, his
ophthalmologist noted, ``It is in my medical opinion that he has
sufficient vision to operate a commercial vehicle.'' Mr. Lapp reported
that he has driven straight trucks for 23 years, accumulating 23,000
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.

David S. Matheny

    Mr. Matheny, 51, 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, count-finger vision only. Following an examination in 2010, his
optometrist noted, ``It is my professional opinion that Mr. David
Matheny's vision with corrective lenses is sufficient to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Matheny
reported that he has driven tractor-trailer combinations for 4 years,
accumulating 400,000 miles. He holds a Class A CDL from Washington. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.

Frank G. Merrill

    Mr. Merrill, 62, 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, count-finger vision only. Following an examination in 2010, his
optometrist noted, ``In my opinion, individuals amblyopic in one and
normal peripheral vision function very well in everyday life and
driving, whether personal or commercial.'' Mr. Merrill reported that he
has driven straight trucks for 45 years, accumulating 450,000 miles and
tractor-trailer combinations for 45 years, accumulating 450,000 miles.
He holds a Class D operator's license from Oklahoma. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.

Shannon L. Puckett

    Mr. Puckett, 33, has had amblyopia in his right eye since birth.
The best corrected visual acuity in his right eye is 20/140 and in his
left eye, 20/20. Following an examination in 2010, his optometrist
noted, ``It is my medical opinion that he does have sufficient vision
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Puckett reported that he has driven tractor-trailer
combinations for 11 years, accumulating 1.1 million miles. He holds a
Class A CDL from Kentucky. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.

Leo S. Ruiz, Jr.

    Mr. Ruiz, 59, has had macular scarring in his left eye since
childhood. The best corrected visual acuity in his right eye is 20/25
and in his left eye, 20/200. Following an examination in 2010, his
ophthalmologist noted, ``In my opinion, Mr. Ruiz has sufficient vision
to operate a commercial vehicle.'' Mr. Ruiz reported that he has driven
straight trucks for 2 years, accumulating 100,000 miles and tractor-
trailer combinations for 31 years, accumulating 1.7 million miles. He
holds a Class A CDL from California. His driving record for the last 3
years shows no crashes and one conviction for a moving violation in a
CMV. He was cited for a cell phone violation.

Ronald B. Shafer

    Mr. Shafer, 66, 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 optometrist
noted, ``Mr. Shafer should have sufficient vision to operate a
commercial vehicle.'' Mr. Shafer reported that he has driven straight
trucks for 15 years, accumulating 39,000 miles. He holds a Class C
chauffeur's license from Michigan. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.

Thomas M. Sharp

    Mr. Sharp, 50, has had a prosthetic right eye due to trauma since
1982. The best corrected visual acuity in his left eye is 20/15.
Following an examination in 2010, his ophthalmologist noted, ``I expect
that Mr. Sharp's condition will remain stable and in my opinion, has
more than adequate vision to operate a commercial vehicle.'' Mr. Sharp
reported that he has driven straight trucks for 30 years, accumulating
525,000 miles and tractor-trailer combinations for 8 years,
accumulating 24,000 miles. He holds a Class A CDL from Maine. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.

Ranjodh Singh

    Mr. Singh, 30, has had complete loss of vision in his left eye
since childhood due to trauma. The best corrected visual acuity in his
right eye is 20/20. Following an examination in 2010, his
ophthalmologist noted, ``In our expert opinion, Mr. Singh has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Singh reported that he has driven tractor-
trailer combinations for 5 years, accumulating 350,000 miles. He holds
a Class A CDL from California. 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 11 miles per hour.

Kenneth M. Sova

    Mr. Sova, 48, 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, ``I feel that Mr. Sova has sufficient peripheral visual fields
and should not affect his ability to operate a commercial vehicle.''
Mr. Sova reported that he has driven straight trucks for 27 years,
accumulating 67,500 miles. He holds an operator's license from Indiana.
His driving record for the last 3 years shows no crashes and one
conviction for a moving violation in a CMV. He was cited for an
improper turn at an intersection.

Mark A. Thornton

    Mr. Thornton, 48, lost his left eye due to a traumatic injury
sustained in 1985. The best corrected visual acuity in his right eye is
20/20. Following an examination in 2010, his ophthalmologist noted,
``Mark has been driving commercially since 1980 and has sufficient
vision in his right eye to operate a commercial vehicle in the same
way.'' Mr. Thornton reported that he has driven straight trucks for 25
years, accumulating 3 million miles and tractor-trailer combinations
for 30 years, accumulating 3.6 million miles. He holds a Class A CDL
from Washington. His driving record for the last 3 years shows no
crashes and no convictions for a moving violation in a CMV.

Earl L. White, Jr.

    Mr. White, 66, has had amblyopia in his left eye since birth. The
best corrected visual acuity in his right eye is 20/25 and in his left
eye, 20/200. Following an examination in 2010, his optometrist noted,
``In my opinion, Mr. White has adequate vision to perform the driving
tasks required to operate a commercial motor vehicle.'' Mr. White
reported that he has driven straight trucks for 40 years, accumulating
5.5 million miles. He holds a Class A CDL from New Hampshire. His
driving record for the last 3 years shows no crashes and one conviction
for a moving

violation in a CMV. He was cited for operating a CMV while uninsured.

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 October 12, 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: August 28, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-22479 Filed 9-8-10; 8:45 am]
BILLING CODE 4910-EX-P