[Federal Register: April 1, 2004 (Volume 69, Number 63)]
[Notices]
[Page 17263-17267]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01ap04-136]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2004-17195]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of applications for exemption from the vision standard;
request for comments.
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SUMMARY: This notice publishes the FMCSA's receipt of applications from
29 individuals for an exemption from the vision requirement in the
Federal Motor Carrier Safety Regulations. If granted, the exemptions
will enable these individuals to qualify as drivers of commercial motor
vehicles (CMVs) in interstate commerce without meeting the vision
standard prescribed in 49 CFR 391.41(b)(10).
DATES: Comments must be received on or before May 3, 2004.
ADDRESSES: You may submit comments identified by any of the following
methods. Please identify your comments by the DOT DMS Docket Number
FMCSA-2003-17195.
Web site: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://dms.dot.gov. Follow the
instructions for submitting comments on the DOT electronic docket site.
Fax: 1-202-493-2251.
Mail: Docket Management Facility; U.S.
Department of Transportation, 400 Seventh Street, SW., Nassif Building,
Room PL-401, Washington, DC 20590-0001.
Hand Delivery: Room PL-401 on the plaza level of
the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Federal eRulemaking Portal: Go to http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov.
Follow the on-line instructions for submitting
comments.
Instructions: All submissions must include the agency name and
docket number for this notice. For detailed instructions on submitting
comments and additional information on the rulemaking process, see the
Public Participation heading of the SUPPLEMENTARY INFORMATION section
of this document. Note that all comments received will be posted
without change to http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://dms.dot.gov, including any personal
information provided. Please see the Privacy Act heading under
Regulatory Notices.
Docket: For access to the docket to read background documents or
comments received, go to http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Ms. Sandra Zywokarte, Office of Bus
and Truck Standards and Operations, (202) 366-2987, FMCSA, Department
of
[[Page 17264]]
Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001.
Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through
Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Public Participation: The DMS is available 24 hours each day, 365
days each year. You can get electronic submission and retrieval help
guidelines under the ``help'' section of the DMS Web site. If you want
us to notify you 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 is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review the
Department of Transportation's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (volume 65, number 70,
pages 19477-78), or you may visit http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://dms.dot.gov.
Background
Under 49 U.S.C. 31315 and 31136(e), the FMCSA may grant an
exemption 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.'' The statute also
allows the agency to renew exemptions at the end of the 2-year period.
The 29 individuals listed in this notice have recently requested 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 the exemption will achieve the required level of
safety mandated by the statute.
Qualifications of Applicants
1. Manuel A. Almeida
Mr. Almeida, age 56, underwent surgery for a retinal detachment in
his left eye in 2000. The best-corrected visual acuity in his right eye
is 20/20 and in the left, 20/400. His optometrist examined him in 2003
and certified, ``In my opinion, Mr. Almeida has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Almeida submitted that he has driven tractor-trailer combinations
for 35 years, accumulating 2.6 million miles. He holds a Class A
commercial driver's license (CDL) from Massachusetts. His driving
record for the last 3 years shows no accidents or convictions for
moving violations in a CMV.
2. James C. Askin
Mr. Askin, 32, has amblyopia in his right eye. The visual acuity in
his right eye is 20/400 and in the left, 20/20. His optometrist
examined him in 2003 and stated, ``It is my opinion that James C. Askin
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Askin reported that he has driven straight
trucks for 2 years, accumulating 120,000 miles, and tractor-trailer
combinations for 11 years, accumulating 1.5 million miles. He holds a
Class A CDL from Florida. His driving record for the last 3 years shows
no accidents and one conviction for a moving violation `` speeding ``
in a CMV. He exceeded the speed limit by 10 mph.
3. Paul J. Bannon
Mr. Bannon, 39, experienced a retinal detachment in his right eye
in 1981. His best-corrected visual acuity in the right eye is 20/200
and in the left, 20/20. Following an examination in 2003, his
optometrist certified, ``The critical issue is that Mr. Bannon has
sufficient peripheral vision to operate a commercial vehicle. His best-
corrected vision using both eyes is 20/20. This is also sufficient in
the tasks required to operate a commercial vehicle.'' Mr. Bannon
submitted that he has driven straight trucks and tractor-trailer
combinations for 18 years, accumulating 540,000 miles in the former and
180,000 miles in the latter. He holds a Class A CDL from Delaware. His
driving record for the last 3 years shows no crashes or convictions for
moving violations in a CMV.
4. Ernie E. Black
Mr. Black, 39, has amblyopia in his right eye. His best-corrected
visual acuity in the right eye is 20/200 and in the left, 20/20.
Following an examination in 2003, his optometrist certified, ``In my
medical opinion, he has more than ample vision to operate a commercial
vehicle.'' Mr. Black reported that he has driven straight trucks for 9
years, accumulating 270,000 miles. He holds a Class C driver's license
from North Carolina. His driving record for the last 3 years shows no
crashes or convictions for moving violations in a CMV.
5. Gary O. Brady
Mr. Brady, 39, has amblyopia in his left eye. His best-corrected
visual acuity in the right eye is 20/20 and in the left, 20/200.
Following an examination in 2003, his optometrist certified, ``My
medical opinion is that Gary O. Brady has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr. Brady
reported that he has driven straight trucks for 5 years, accumulating
350,000 miles, and tractor-trailer combinations for 8 years,
accumulating 600,000 miles. He holds a Class A CDL from West Virginia.
His driving record for the last 3 years shows no accidents or
convictions for moving violations in a CMV.
6. Michael C. Branham
Mr. Branham, 47, has amblyopia in his right eye. His visual acuity
in the right eye is 20/400 and in the left, 20/20. Following an
examination in 2003, his optometrist certified, ``My medical opinion is
that he has sufficient vision to perform the driving tasks required to
operate a commercial vehicle without glasses.'' Mr. Branham reported
that he has driven tractor-trailer combinations for 24 years,
accumulating 3.0 million miles. He holds a Class DM driver's license
from South Carolina currently, but at the time of his application he
held a Class AM CDL, now expired. His driving record for the last 3
years shows no crashes and one conviction for a moving violation ``
speeding `` in a CMV. He exceeded the speed limit by 9 mph.
7. Stephen H. Goldcamp
Mr. Goldcamp, 49, has amblyopia in his left eye. His best-corrected
visual acuity in the right eye is 20/20 and in the left, 20/200. His
optometrist examined him in 2003 and noted he has ``sufficient vision
to perform driving tasks required to operate a commercial vehicle.''
Mr. Goldcamp reported that he has driven straight trucks for 8 years,
accumulating 272,000 miles, and tractor-trailer combinations for 16
years, accumulating 576,000 miles. He holds a Class A CDL from Ohio.
His driving record for the last 3 years shows no accidents or
convictions for moving violations in a CMV.
8. Steven F. Grass
Mr. Grass, 34, lost the vision in his left eye due to an injury at
age 2. His best-corrected visual acuity in the right eye is 20/20.
Following an examination in 2003, his optometrist certified, ``Mr.
Grass is very well adapted to using only the vision in his right eye. I
believe that there is no reason for him to not be able to operate a
commercial vehicle safely.'' Mr. Grass reported that he has driven
tractor-trailer combinations for 10 years, accumulating 453,000 miles.
He holds a
[[Page 17265]]
Class A CDL from New Mexico. His driving record for the last 3 years
shows no crashes or convictions for moving violations in a CMV.
9. Donald E. Hathaway
Mr. Hathaway, 51, has amblyopia in his left eye. His best-corrected
visual acuity in the right eye is 20/20 and in the left, 20/70.
Following an examination in 2003, his optometrist certified, ``It is my
opinion that, with spectacle correction, Donald Hathaway has sufficient
vision to perform the required tasks to operate a commercial vehicle.''
Mr. Hathaway reported that he has driven straight trucks for 12 years,
accumulating 420,000 miles, and tractor-trailer combinations for 18
years, accumulating 1.6 million miles. He holds a Class A CDL from
California. His driving record for the last 3 years shows no crashes or
convictions for moving violations in a CMV.
10. Michael S. Johannsen
Mr. Johannsen, 44, lost the vision in his left eye in 2000 due to
injury. The visual acuity in his right eye is 20/15. Following an
examination in 2003 his opththalmologist stated, ``I believe that Mr.
Johannsen has sufficient vision to perform the driving tasks required
to operate a commercial vehicle.'' Mr. Johannsen reported that he has
driven straight trucks for 9 years, accumulating 207,000 miles. He
holds a Class A CDL from Iowa. His driving record for the last 3 years
shows no accidents or convictions for moving violations in a CMV.
11. Mearl C. Kennedy
Mr. Kennedy, 49, has amblyopia in his right eye. His best-corrected
visual acuity in the right eye is 20/60 and in the left, 20/20.
Following an examination in 2003, his ophthalmologist certified, ``In
my medical opinion, Mearl (Ken) Kennedy has sufficient vision to
perform the task of operating a commercial vehicle.'' Mr. Kennedy
reported that he has driven straight trucks for 32 years, accumulating
480,000 miles. He holds a Class A CDL from Ohio. His driving record for
the last 3 years shows no crashes or convictions for moving violations
in a CMV.
12. Wai Fung King
Mr. King, 36, has amblyopia in his right eye. His best-corrected
visual acuity in the right eye is 20/50 and in the left, 20/20. His
ophthalmologist examined him in 2003 and noted, ``Patient has
sufficient vision to operate a commercial vehicle.'' Mr. King submitted
that he has driven straight trucks for 9 years, accumulating 252,000
miles. He holds a Class B CDL from Illinois. His driving record for the
last 3 years shows no accidents or convictions for moving violations in
a CMV.
13. Christopher J. Meerten
Mr. Meerten, 27, has a congenital cataract in his right eye. His
visual acuity in the right eye is counting fingers and in the left, 20/
15. Following an examination in 2003, his optometrist certified, ``I
believe he has sufficient vision to perform driving tasks required to
operate a commercial vehicle.'' Mr. Meerten reported that he has driven
tractor-trailer combinations for 5 years, accumulating 20,000 miles. He
holds a Class A CDL from Oregon. His driving record for the last 3
years shows no crashes or convictions for moving violations in a CMV.
14. William J. Miller
Mr. Miller, 55, has amblyopia in his left eye. His best-corrected
visual acuity in the right eye is 20/20 and in the left, 20/60. His
ophthalmologist examined him in 2003 and certified, ``It is my medical
opinion that Mr. Miller is as safe driving as someone with a much
milder amblyopia. As such, I would urge that he be given a driver's
license with the only restriction being the wearing of corrective
lenses.'' Mr. Miller reported that he has driven tractor-trailer
combinations for 10 years, accumulating 1.0 million miles. He holds a
Class A CDL from Virginia. His driving record for the last 3 years
shows no accidents or convictions for moving violations in a CMV.
15. Robert J. Mohorter
Mr. Mohorter, 46, has a corneal scar and aphakia in his right eye
due to an injury at age 8. His visual acuity in the right eye is light
perception only and in the left, 20/20. Following an examination in
2003, his optometrist certified, ``In my professional opinion, due to
his excellent acuity and his full field of vision, Robert Mohorter has
sufficient visual abilities to operate a commercial vehicle.'' Mr.
Mohorter reported that he has driven tractor-trailer combinations for
20 years, accumulating 3.0 million miles. He holds a Class AM CDL from
New York. His driving record for the last 3 years shows no crashes or
convictions for moving violations in a CMV.
16. James A. Mohr
Mr. Mohr, 59, lost his left eye due to an injury in 1954. His best-
corrected visual acuity in the right eye is 20/20. Following an
examination in 2003, his ophthalmologist certified, ``It is my opinion
that he has vision adequate enough to be certified as a commercial
driver.'' Mr. Mohr reported that he has driven straight trucks for 5
years accumulating 100,000 miles, and tractor-trailer combinations for
20 years, accumulating 2.0 million miles. He holds a Class A CDL from
Montana. His driving record for the last 3 years shows no crashes and
one conviction for a moving violation--speeding--in a CMV. He exceeded
the speed limit by 18 mph.
17. Charles R. Murphy
Mr. Murphy, 53, has a retinal scar in his left eye due to injury 30
years ago. His best-corrected visual acuity in the right eye is 20/20
and in the left, 20/400. His optometrist examined him in 2003 and
stated, ``It is my medical opinion that this scar has been there for
many years and that he has sufficient vision to perform the tasks to
drive a commercial vehicle.'' Mr. Murphy submitted that he has driven
tractor-trailer combinations for 30 years, accumulating 3.6 million
miles. He holds a Class A CDL from Texas. His driving record for the
last 3 years shows no accidents and one conviction for a moving
violation--``failure to obey traffic sign''--in a CMV.
18. Lacy L. Patterson
Mr. Patterson, 65, has amblyopia in his left eye. His best-
corrected visual acuity in the right eye is 20/15 and in the left, 20/
60. Following an examination in 2003, his optometrist certified, ``In
my medical opinion, Lacy Lavarn Patterson has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Patterson reported that he has driven tractor-trailer combinations
for 42 years, accumulating 4.2 million miles. He holds a Class A CDL
from North Carolina. His driving record for the last 3 years shows no
crashes or convictions for moving violations in a CMV.
19. Roderick F. Peterson
Mr. Peterson, 33, lost the vision in his left eye due to trauma in
childhood. The visual acuity in his right eye is 20/15. His
ophthalmologist examined him in 2003 and stated, ``I believe Mr.
Peterson, in light of the fact that this was a childhood trauma, has
developed excellent coping skills and should be able to drive
commercial vehicles safely.'' Mr. Peterson reported that he has driven
straight trucks for 13 years, accumulating 390,000 miles. He holds a
Class B CDL from Georgia. His driving record for the last 3 years shows
no accidents or convictions for moving violations in a CMV.
[[Page 17266]]
20. Stephen P. Preslopsky
Mr. Preslopsky, 48, has had decreased vision in his left eye for 10
years due to injury. His best-corrected visual acuity in the right eye
is 20/20 and in the left, counting fingers. Following an examination in
2003, his ophthalmologist certified, ``It is my opinion that Mr.
Preslopsky's vision is sufficient to operate a commercial vehicle,
however, this is only from a medical standpoint since I do not know
what is actually required to perform this task.'' Mr. Preslopsky
reported that he has driven straight trucks for 8 years, accumulating
220,000 miles, and tractor-trailer combinations for 15 years,
accumulating 715,000 miles. He holds a Class A CDL from Florida. His
driving record for the last 3 years shows no crashes or convictions for
moving violations in a CMV.
21. Timothy J. Sands
Mr. Sands, 41, experienced nerve damage in his left eye due to an
injury at age 14. His best-corrected visual acuity in the right eye is
20/20 and in the left, 20/400. His ophthalmologist examined in 2003 and
stated, ``It is my medical opinion that Mr. Sands does possess adequate
vision, and that he does have sufficient visual field function in his
injured eye and normal right eye to perform the driving tasks required
to operate a commercial vehicle.'' Mr. Sands reported that he has
driven straight trucks for 12 years, accumulating 186,000 miles, and
tractor-tractor combinations for 2 years, accumulating 82,000 miles. He
holds a Class A CDL from Alaska. His driving record for the last 3
years shows no accidents or convictions for moving violations in a CMV.
22. Donald W. Sidwell
Mr. Sidwell, 66, experienced a retinal detachment in his right eye
in 1989. His best-corrected visual acuity in the right eye is 20/200
and in the left, 20/20. Following an examination in 2003, his
optometrist certified, ``In my medical opinion, Mr. Sidwell has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Sidwell reported that he has driven straight
trucks for 35 years, accumulating 350,000 miles, and tractor-trailer
combinations for 14 years, accumulating 1.1 million miles. He holds a
Class A CDL from Illinois. His driving record for the last 3 years
shows no crashes or convictions for moving violations in a CMV.
23. David M. Smith
Mr. Smith, 35, has amblyopia in his left eye. His visual acuity in
the right eye is 20/20 and in the left, 20/200. Following an
examination in 2003, his optometrist certified, ``I feel he would have
sufficient vision to safely operate a commercial vehicle.'' Mr. Smith
reported that he has driven tractor-trailer combinations for 4 years,
accumulating 240,000 miles. He holds a Class AM CDL from Illinois. His
driving record for the last 3 years shows no crashes and one conviction
for a moving violation--speeding--in a CMV. He exceeded the speed limit
by 20 mph.
24. Jose M. Suarez
Mr. Suarez, 41, underwent laser treatment for a macular scar in his
right eye in 1998. His best-corrected visual acuity in the right eye is
20/50 and in the left, 20/15. Following an examination in 2003, his
ophthalmologist certified, ``In my medical opinion he has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Suarez reported that he has driven tractor-trailer
combinations for 9 years, accumulating 450,000 miles. He holds a Class
A CDL from Texas. His driving record for the last 3 years shows no
accidents or convictions for moving violations in a CMV.
25. Robert L. Swartz, Jr.
Mr. Swartz, 56, has amblyopia in his right eye. His best-corrected
visual acuity in the right eye is 20/100 and in the left, 20/15.
Following an examination in 2003, his optometrist certified, ``I find
no visual problems with Mr. Swartz driving a commercial vehicle.'' Mr.
Swartz reported that he has driven straight trucks for 26 years,
accumulating 338,000 miles. He holds a Class B CDL from Ohio. His
driving record for the last 3 years shows no crashes and one conviction
for a moving violation--speeding--in a CMV. He exceeded the speed limit
by 10 mph.
26. Elmer Kevin Thomas
Mr. Thomas, 40, has had reduced vision in his left eye for 3 years
due to histoplasmosis. His best-corrected visual acuity in the right
eye is 20/20 and in the left, only peripheral light perception. His
optometrist examined him in 2003 and noted, ``Kevin's daily performance
and his good peripheral field results lead me to believe Kevin's vision
is sufficient to operate a commercial vehicle.'' Mr. Thomas reported
that he has driven straight trucks and tractor-trailer combinations for
9 years, accumulating 234,000 miles in the former and 900,000 miles in
the latter. He holds a Class A CDL from Ohio. His driving record for
the last 3 years shows no accidents or convictions for moving
violations in a CMV.
27. Robert L. Vaughn
Mr. Vaughn, 70, has amblyopia in his left eye. His best-corrected
visual acuity in the right eye is 20/20 and in the left, 20/400.
Following an examination in 2003, his ophthalmologist stated, ``It is
my medical opinion that the patient has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr.
Vaughn submitted that he has driven tractor-trailer combinations for 30
years, accumulating 3.4 million miles. He holds a Class A CDL from
South Dakota. His driving record for the last 3 years shows no
accidents and one conviction for a moving violation--speeding--in a
CMV. He exceeded the speed limit by 10 mph.
28. Richard G. Wendt
Mr. Wendt, 47, has amblyopia in his right eye. His visual acuity in
the right eye is 20/200 and in the left, 20/20. Following an
examination in 2003, his optometrist certified, ``Mr. Wendt's vision
remains unchanged since the first time I examined him August 6, 2001,
and he retains visual function sufficient to operate a commercial
vehicle.'' Mr. Wendt reported that he has driven straight trucks for 23
years, accumulating 690,000 miles. He holds a Class B CDL from
Mississippi. His driving record for the last 3 years shows no crashes
or convictions for moving violations in a CMV.
29. Richard A. Yeager
Mr. Yeager, 55, has amblyopia in his right eye. His best-corrected
visual acuity in the right eye is 20/100 and in the left, 20/20. His
optometrist examined him in 2003 and stated, ``My medical opinion is
Richard Yeager has sufficient vision to perform driving tasks that are
required to drive a commercial vehicle.'' Mr. Yeager submitted that he
has driven tractor-trailer combinations for 14 years, accumulating 1.8
million miles. He holds a Class A CDL from Georgia. His driving record
for the last 3 years shows no accidents or convictions for moving
violations in a CMV.
Request for Comments
In accordance with 49 U.S.C. 31315 and 31136(e), the FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated earlier in the
notice.
[[Page 17267]]
Issued on: March 25, 2004.
Rose A. McMurray,
Associate Administrator for Policy and Program Development.
[FR Doc. 04-7243 Filed 3-31-04; 8:45 am]