2011-26747. 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 5 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-2011-0275 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: [phone].

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, [phone], [e-mail], 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 5 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

Michael W. Gibbs

Mr. Gibbs, age 41, has had amblyopia in his right eye since childhood. The best corrected visual acuity in his right eye 20/60, and in his left eye 20/20. Following an examination in 2011, his optometrist noted, “In my medical opinion, Michael W. Gibbs has sufficient vision to perform the driving tasks required to operate a commercial vehicle.” Mr. Gibbs reported that he has driven straight trucks for 12 years, accumulating 300,000 miles. He holds a Class C operator's license from North Carolina. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV.

Frank E. Johnson, Jr.

Mr. Johnson, 36, has had corneal opacification in his left eye due to a truamatic injury since childhood. The best corrected visual acuity in his right eye 20/20 and in his left eye, 20/400. Following an examination in 2011, his optometrist noted, “In my medical opinion, Mr. Johnson certainly has sufficient vision and visual field to perform the driving tasks required to operate a commercial vehicle.” Mr. Johnson reported that he has driven straight trucks for 15 years, accumulating 93,600 miles. He holds a Class C 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.

Michael J. Robinson

Mr. Robinson, 44, 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, 20/200. Following an examination in 2011, his optometrist noted, “In my opinion, Mr. Robinson, due to his years of compensating for amblyopia and having had his commercial operator's license for 26 years, has sufficient vision to operate a commercial vehicle.” Mr. Robinson reported that he has driven straight trucks for 26 years, accumulating 52,000 miles and tractor-trailer combinations for 26 years, accumulating 2.3 million miles. He holds a Class A CDL from West Virginia. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV.

Fred L. Stotts

Mr. Stotts, 52, has had complete loss of vision in his left eye due to an injury sustained 15 years ago. The best corrected visual acuity in his right eye 20/20. Following an examination in 2011, his optometrist noted, “I would recommend Mr. Leroy Stotts to qualify for a vision exemption to operate a commercial motor vehicle without restriction.” Mr. Stotts reported that he has driven straight trucks for 36 years, accumulating 1.6 million miles and tractor-trailer combinations for 27 years, accumulating 945,000 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.

James D. Zimmer

Mr. Zimmer, 52, has an enucleation of his right eye due to an injury sustained in January 2007. The best corrected visual acuity in his left eye 20/20. Following an examination in 2011, his optometrist noted, “Yes, sufficient vision to operate a commercial vehicle.” Mr. Zimmer reported that he has driven straight trucks for 35 years, accumulating 605,000 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.

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 11, 2011.

Larry W. Minor,

Associate Administrator of Policy.