[Federal Register: September 4, 2008 (Volume 73, Number 172)]
[Notices]
[Page 51689-51692]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04se08-85]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket ID. FMCSA-2008-0266]
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 25 individuals
for exemptions 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 6, 2008.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2008-0266 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
[[Page 51690]]
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.
Each submission must include the Agency name and the docket ID for
this Notice. Note that DOT posts all comments received without change
to http://www.regulations.gov, including any personal information
included in a comment. Please see the Privacy Act heading below.
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 the DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19476). This information is
also available at http://Docketsinfo.dot.gov.
FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director,Medical
Programs, (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
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 24 individuals listed in this
notice each have 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 statute.
Qualifications of Applicants
Larry W. Barnes
Mr. Barnes, age 58, has had amblyopia in his left eye since birth.
The best corrected visual acuity in his right is eye is 20/20 and in
the left, 20/100. Following an examination in 2008 his optometrist
noted, ``It is my opinion that this life-long amblyopia in Mr. Barnes'
left eye in no way affects his ability to drive and operate a
commercial vehicle.'' Mr. Barnes reported that he has driven straight
trucks for 11 years, accumulating 13,200 miles. He holds a Class A
Commercial Driver's License (CDL) from Arkansas. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Rick A. Benevides
Mr. Benevides, 57, has had amblyopia in his left eye since
childhood. The best corrected visual acuity in his right eye is 20/25
and in the left, 20/100. Following an examination in 2008, his
ophthalmologist noted, ``Given that Mr. Benevides is so well accustomed
to his vision and has had no difficulty with driving, I believe that
his visual status is safe for him to operate a commercial vehicle.''
Mr. Benevides reported that he has driven straight trucks for 8 years,
accumulating 560,000 miles and tractor-trailer combinations for 30
years, accumulating 2.1 million miles. He holds a Class A CDL from
Massachusetts. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Jack E. Benjamin
Mr. Benjamin, 55, has had amblyopia in his right eye since birth.
The visual acuity in his right eye is 20/100 and in the left, 20/20.
Following an examination in 2008, his optometrist noted, ``It is my
medical opinion that Jack has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Benjamin reported
that he has driven straight trucks for 35 years, accumulating 560,000
miles, tractor-trailer combinations for 35 years, accumulating 997,500
miles, and buses for 35 years, accumulating 327,985 miles. He holds a
Class A CDL from New York. His driving record for the last 3 years
shows one crash in which he was cited for driving too fast for road
conditions, and no convictions for moving violations in a CMV.
Allen S. Bush
Mr. Bush, 50, has had amblyopia in his left eye since childhood.
The best corrected visual acuity in his right eye is 20/20 and in the
left, 20/70. Following an examination in 2008 his ophthalmologist
noted, ``I do feel that his vision is sufficient to perform the driving
task to operate a commercial vehicle.'' Mr. Bush reported that he has
driven straight trucks for 30 years, accumulating 180,000 miles. He
holds a Class A CDL from New York. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Todd A. Chapman
Mr. Chapman, 38, has had nystagmus and amblyopia in his left eye
since childhood. The best corrected visual acuity in his right eye is
20/20 and in the left, count-finger vision. Following an examination in
2008, his optometrist noted, ``It is my medical opinion that Mr.
Chapman has sufficient vision to perform the driving task required to
operate a commercial vehicle.'' Mr. Chapman reported that he has driven
straight trucks for 5 years, accumulating 175,000 miles and tractor-
trailer combinations for 19 years, accumulating 475,000 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.
Delone W. Dudley
Mr. Dudley, 49, has had amblyopia in his right eye since childhood.
The best corrected visual acuity in his right eye is 20/60 and in the
left, 20/20. Following an examination in 2008, his ophthalmologist
noted, ``I believe that Mr. Dudley has sufficient vision to operate a
commercial vehicle.'' Mr. Dudley reported that he has driven straight
trucks for 20 years, accumulating 170,000 miles and tractor-trailer
combinations for 3\1/2\ years, accumulating 29,750 miles. He holds a
Class A CDL from Maryland. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Irvin L. Eaddy
Mr. Eaddy, 59, has had open angle glaucoma since 1996. The best
corrected visual acuity in his right eye is 20/20 and in the left,
light perception. Following an examination in 2008, his optometrist
noted, ``In my medical opinion, he has sufficient vision to perform the
driving tasks required to
[[Page 51691]]
operate a commercial vehicle.'' Mr. Eaddy reported that he has driven
tractor-trailer combinations for 23 years, accumulating 2.8 million
miles. He holds a Class A CDL from South Carolina. 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.
Herman Hicks
Mr. Hicks, 50, has reduced peripheral vision in his left eye due to
a traumatic injury sustained as a child. The best corrected visual
acuity in his right eye is 20/20 and in the left, 20/30. The horizontal
field of vision in his right eye is 120 degrees and in the left, 68
degrees. Following an examination in 2008, his ophthalmologist noted,
``I feel in my medical opinion that Mr. Herman Hicks has sufficient
vision to properly operate a commercial vehicle and should be granted
an exception for his left eye defect.'' Mr. Hicks reported that he has
driven straight trucks for 24 years, accumulating 264,000 miles. He
holds a Class C operator's license from Georgia. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Ralph Landers
Mr. Landers, 40, has had optic nerve defect in his right eye since
birth. The best corrected visual acuity in his right eye is 20/80 and
in the left, 20/25. Following an examination in 2008, his optometrist
noted, ``Mr. Lander's vision is sufficient to drive a commercial
vehicle and his vision should be assessed yearly to insure he can
maintain present vision for driving.'' Mr. Landers reported that he has
driven straight trucks for 12 years, accumulating 720,000 miles, and
buses for 2 years, accumulating 1,800 miles. He holds a Class C
operator's license from Georgia. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Jeromy W. Leatherman
Mr. Leatherman, 29, has had amblyopia in his left eye since birth.
The visual acuity in his right eye is 20/20 and in the left, 20/200.
Following an examination in 2008, his optometrist noted, ``In my
opinion, Jeromy has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Leatherman reported
that he has driven straight trucks for 11 years, accumulating 660,000
miles. He holds a Class B CDL from Pennsylvania. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Ernest B. Martin
Mr. Martin, 52, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is 20/200 and in the left, 20/20.
Following an examination in 2008, his optometrist noted, ``Mr. Martin
has a satisfactory level of vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Martin reported that he
has driven straight trucks for 1 year, accumulating 3,200 miles,
tractor-trailer combinations for 3\1/2\ years, accumulating 252,000
miles. He holds a Class A CDL from Kentucky. His driving record for the
last 3 years shows one crash, for which he was cited, and one
conviction for a moving violation, speeding in a CMV. He exceeded the
speed limit by 10 mph.
Mark L. McWhorter
Mr. McWhorter, 46, has complete loss of vision in his left eye due
to a traumatic injury sustained as a child. The best corrected visual
acuity in his right eye is 20/20. Following an examination in 2008, his
optometrist noted, ``Mr. McWhorter's vision is stable and it is my
professional opinion that he has sufficient vision to perform the
driving tasks required to operate a commercial vehicle, so long as he
has side mirrors or both sides of the vehicle.'' Mr. McWhorter reported
that he has driven tractor-trailer combinations for 6\1/2\ years,
accumulating 585,000 miles. He holds a Class A CDL from Florida. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Charles D. Messier
Mr. Messier, 45, has loss of vision in his right eye due to
lymphoma that occurred in 2005. The visual acuity in his right eye is
count-finger-vision and in the left, 20/30. Following an examination in
2008, his ophthalmologist noted, ``Patient has sufficient vision to
operate a commercial vehicle.'' Mr. Messier reported that he has driven
straight trucks for 22 years, accumulating 1.7 million miles, tractor-
trailer combinations for 12 years, accumulating 1.2 million miles. He
holds a Class A CDL from New Hampshire. His driving record for the last
3 years shows no crashes and no convictions for moving violations in a
CMV.
Raymond C. Miller
Mr. Miller, 42, has had amblyopia in his right eye since birth. The
visual acuity in his right eye is 20/80 and in the left, 20/20.
Following an examination in 2008, his ophthalmologist noted, ``It is my
medical decision that Raymond Miller does have sufficient vision to
drive a commercial vehicle.'' Mr. Miller reported that he has driven
straight trucks for 24 years, accumulating 66,000 miles, tractor-
trailer combinations for 3 years, accumulating 750 miles, and buses for
18 years, accumulating 21,600 miles. He holds a Class D operator's
license from Alabama. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Dennis E. Palmer, Jr.
Mr. Palmer, 27, has loss of vision in his left eye due to an optic
nerve injury that occurred in 1998. The visual acuity in his right is
eye is 20/20 and in the left, light perception. Following an
examination in 2008 his ophthalmologist noted, ``It is my medical
opinion that Mr. Palmer has sufficient vision to drive a commercial
vehicle.'' Mr. Palmer reported that he has driven straight trucks for 6
years, accumulating 96,000 miles. He holds a Class 2 CDL from
Connecticut. This allows him to drive non-commercial vehicles with a
gross weight of 10,000 pounds or less. His driving record for the last
3 years shows no crashes and no convictions for moving violations in a
CMV.
Gary W. Phelps
Mr. Phelps, 49, has had a prosthetic left eye since childhood due
to a traumatic injury. The best corrected visual acuity in his right
eye is 20/25. Following an examination in 2008, his ophthalmologist
noted, ``I feel that Mr. Gary Phelps has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr.
Phelps reported that he has driven straight trucks for 27 years,
accumulating 1.1 million miles and tractor-trailer combinations for 10
years, accumulating 100,000 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.
Kevin L. Quastad
Mr. Quastad, 44, has loss of vision in his right eye due to a
traumatic injury sustained in 1984. The visual acuity in his right eye
is light perception and in the left, 20/20. Following an examination in
2008, his optometrist noted, ``In my opinion, Kevin meets the vision
standard to perform the driving tasks required to operate a commercial
[[Page 51692]]
vehicle.'' Mr. Quastad reported that he has driven straight trucks for
28 years, accumulating 560,000 miles and tractor-trailer combinations
for 24 years, accumulating 600,000 miles. He holds a Class A CDL from
Iowa. His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
John E. Rains
Mr. Rains, 41, has had amblyopia in his left eye since childhood.
The best corrected visual acuity in his right is eye is 20/15 and in
the left, 20/80. Following an examination in 2008 his ophthalmologist
noted, ``In my opinion, Mr. Rains has sufficient vision to perform
driving tasks required to operate a commercial vehicle.'' Mr. Rains
reported that he has driven straight trucks for 19 years, accumulating
380,000 miles. He holds an operator's license from Washington. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
James D. St. Peter
Mr. St. Peter, 43, has had optic nerve atrophy in his right eye
since birth. The best corrected visual acuity in his right eye is 20/
100 and in the left, 20/20. Following an examination in 2008, his
optometrist noted, ``Yes, I certify that James St. Peter has sufficient
vision to operate and do tasks of driving a commercial vehicle on the
highway.'' Mr. St. Peter reported that he has driven straight trucks
for 10 years, accumulating 300,000 miles and tractor-trailer
combinations for 8 years, accumulating 307,200 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.
Michael Sutton
Mr. Sutton, 50, has loss of vision in his right eye due to a
traumatic injury sustained in 1981. The visual acuity in his right is
eye is 20/400 and in the left, 20/25. Following an examination in 2008
his optometrist noted, ``In my medical opinion, you do have sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Sutton reported that he has driven straight trucks for
18 years, accumulating 225,000 miles. He holds a Class D operator's
license from Alabama. 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.
Sylvester Silver
Mr. Silver, 53, has a prosthetic left eye due to a traumatic injury
sustained as a child. The visual acuity in his right eye is 20/20.
Following an examination in 2008, his optometrist noted, ``Mr. Silver's
current ocular health and visual fields is excellent. His present
visual status is sufficient to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Silver reported that he has driven
buses for 18 years, accumulating 1.2 million miles. He holds a Class B
CDL from Virginia. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Wade D. Taylor
Mr. Taylor, 46, has a prosthetic left eye. The best corrected
visual acuity in his right eye is 20/20. Following an examination in
2008, his optometrist noted, ``At this time, I have educated Mr. Taylor
of the findings of today's exam and have found that his vision is
sufficient to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Taylor reported that he has driven straight
trucks for 3 years, accumulating 84,000 miles. He holds a Class E
operator's license from Missouri. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
William R. Thomas
Mr. Thomas, 57, has loss of vision in his left eye due to a
traumatic injury sustained as a child. The best corrected visual acuity
in his right eye is 20/20 and in the left, 20/400. Following an
examination in 2008, his ophthalmologist noted, ``Therefore, in my
medical opinion since this patient has been driving for so long and has
had this degree of vision at a stable fashion since he has been a child
I do feel that he does apparently have sufficient vision to perform
driving tasks required to operate a commercial vehicle.'' Mr. Thomas
reported that he has driven straight trucks for 26 years, accumulating
1 million miles. He holds a Class A CDL from Mississippi. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.
Terrence L. Trautman
Mr. Trautman, 58, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/400 and in the
left, 20/20. Following an examination in 2008, his optometrist noted,
``I certify that he has sufficient vision to perform driving tasks
required to operate a commercial vehicle.'' Mr. Trautman reported that
he has driven straight trucks for 35 years, accumulating 350,000 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.
David Vallier
Mr. Vallier, 46, has had alternating exotropia in his eyes since
birth. The best corrected visual acuity in his right eye is 20/20 and
in the left, 20/20. Following an examination in 2008, his optometrist
noted, ``Has sufficient vision to operate a commercial vehicle.'' Mr.
Vallier reported that he has driven straight trucks for 20 years,
accumulating 3.1 million miles and tractor-trailer combinations for 15
years, accumulating 1.5 million miles. He holds a Class A CDL from
Louisiana. 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 October 6, 2008. 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 27, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E8-20510 Filed 9-3-08; 8:45 am]
BILLING CODE 4910-EX-P