Federal Register: November 8, 2004 (Volume 69, Number 215, Pages 64806-64810) From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr08no04-116 ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2004-19477] 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. ----------------------------------------------------------------------- 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 December 8, 2004. ADDRESSES: You may submit comments identified by any of the following
methods. Please identify your comments by the DOT DMS Docket Number
FMCSA-2004-19477. Web site: 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://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://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://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: Maggi Gunnels, Office of Bus and Truck
Standards and Operations, (202) 366-2987, FMCSA, Department of
Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001.
Office hours are from 8 a.m. to 5 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://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. Leonida R. Batista Mr. Batista, age 53, has decreased vision in his left eye due to an
injury he sustained 40 years ago. His best-corrected visual acuity in
the right eye is 20/20 and in the left, hand motion. Following an
examination in 2004, his ophthalmologist certified, "It is my medical
opinion that Mr. Batista has sufficient vision to perform the driving
tasks required to operate a commercial vehicle." Mr. Batista reported
that he has driven straight trucks for 2 years, accumulating 50,000
miles, and tractor-trailer combinations for 29 years, accumulating 1.0
million miles. He holds a Class AM commercial driver's license (CDL)
from New York. His driving record for the last 3 years shows no crashes
or convictions for moving violations in a CMV. 2. Johnny Becerra Mr. Becerra, 36, has amblyopia in his left eye. The best-corrected
visual acuity in his right eye is 20/20 and in the left, 20/200. His
optometrist examined him in 2004 and stated, "In my professional
opinion, Mr. Johnny Becerra has sufficient vision to perform the tasks
in order to operate a commercial vehicle." Mr. Becerra submitted that
he has driven straight trucks for 5 years, accumulating 390,000 miles.
He holds a Class A CDL from Texas. His driving record for the last 3
years shows no crashes or convictions for moving violations in a CMV. 3. Larry W. Burnett Mr. Burnett, 44, has amblyopia in his left eye. The best-corrected
visual acuity in his right eye is 20/20 and in the left, 20/200. His
optometrist examined him in 2004 and stated, "In my opinion, Mr.
Burnett has sufficient vision to perform the driving tasks required to
operate a commercial vehicle." Mr. Burnett reported that he has driven
straight trucks for 11 years, accumulating 418,000 miles, and tractor-
trailer combinations for 6 years, accumulating 600,000 miles. He holds
a Class A CDL from Colorado. His driving record for the last 3 years
shows no crashes or convictions for moving violations in a CMV. 4. Ross E. Burroughs Mr. Burroughs, 41, has a congenital visual field defect in his
right eye. The best-corrected visual acuity in his right eye is 20/25
and in the left, 20/30. His field of vision in the horizontal meridian
in the right eye is 60° and in the left, 100°. Following an
examination in 2004, his ophthalmologist stated, "In my medical opinion,
patient has sufficient vision to perform driving tasks and to drive a
truck as he has been doing his entire life." Mr. Burroughs submitted
that he has driven tractor-trailer combinations for 19 years,
accumulating 1.2 million miles. He holds a Class A CDL from New Jersey.
His driving record for the last 3 years shows no crashes or convictions
for moving violations in a CMV. 5. Roger C. Carson Mr. Carson, 47, is blind in his left eye due to an accident in
1982. The visual acuity in his right eye is 20/20. Following an
examination in 2004, his optometrist certified, "In my opinion, the
patient has sufficient vision to operate a commercial vehicle." Mr. Carson reported that he has driven straight trucks for 22 years,
accumulating 336,000 miles. He holds a chauffeur's license from
Indiana. His driving record for the last 3 years shows no crashes or
convictions for moving violations in a CMV. 6. Lester W. Carter Mr. Carter, 42, has amblyopia in his right eye. His best-corrected
visual acuity in the right eye is 20/60 and in the left, 20/15.
Following an examination in 2004, his optometrist certified, "In my
opinion Mr. Carter has sufficient vision to drive a commercial vehicle
of the type he has been driving the past 8 years, using glasses to
correct his vision." Mr. Carter reported that he has driven straight
trucks for 4 years, accumulating 52,000 miles, and tractor-trailer
combinations for 14 years, accumulating 1.8 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. 7. Larry Chinn Mr. Chinn, 54, has a macular scar in his left eye due to trauma at
age 19. His best-corrected visual acuity in the right eye is 20/20 and
in the left, 20/80. Following an examination in 2004, his optometrist
certified, "In my medical opinion, Mr. Chinn is visually safe to
operate a commercial vehicle." Mr. Chinn reported that he has driven
straight trucks and tractor-trailer combinations for 25 years,
accumulating 2.1 million miles in each. He holds a Class ABCD CDL from
Wisconsin. His driving record for the last 3 years shows no crashes or
convictions for moving violations in a CMV. 8. Christopher L. DePuy Mr. DePuy, 30, has amblyopia in his right eye. His best-corrected
visual acuity in the right eye is 20/80 and in the left, 20/20.
Following an examination in 2004, his optometrist certified, "I feel
he has sufficient vision to perform the driving tasks required to operate a commercial vehicle." Mr. DePuy reported that he has driven
straight trucks for 4 years, accumulating 160,000 miles, and tractor-
trailer combinations for 6 years, accumulating 390,000 miles. He holds
a Class A 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 14 mph. 9. John B. Ethridge Mr. Ethridge, 43, has amblyopia in his left eye. His best-corrected
visual acuity in the right eye is 20/25 and in the left, 20/150.
Following an examination in 2004, his ophthalmologist certified, "It
is my medical opinion that this patient has sufficient vision to
perform the driving tasks required to operate a commercial vehicle."
Mr. Ethridge reported that he has driven tractor-trailer combinations
for 19 years, accumulating 1.9 million miles. He holds a Class A CDL
from Georgia. His driving record for the last 3 years shows no crashes
or convictions for moving violations in a CMV. 10. Larry J. Folkerts Mr. Folkerts, 37, 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 2004, his optometrist certified, "In my
medical opinion, Larry has sufficient vision to perform the driving
tasks required to operate a commercial vehicle." Mr. Folkerts reported
that he has driven straight trucks for 13 years, accumulating 325,000
miles. He holds a Class B CDL from Iowa. His driving record for the
last 3 years shows no crashes or convictions for moving violations in a
CMV. 11. Randolph D. Hall Mr. Hall, 64, has a macular scar in his right eye due to an
infection as a child. The best-corrected visual acuity in his right eye
is 20/800 and in the left, 20/20. His optometrist examined him in 2004
and stated, "In my medical opinion, Mr. Hall has sufficient vision to
perform the driving tasks required to operate a commercial vehicle."
Mr. Hall submitted that he has driven tractor-trailer combinations for
40 years, accumulating 3.0 million miles. He holds a Class A CDL from
Florida. His driving record for the last 3 years shows no crashes and
one conviction for a moving violation--"failure to obey traffic
signal"--in a CMV. 12. Richard T. Hatchel Mr. Hatchel, 56, lost his left eye as a child due to an injury. The
visual acuity in his right eye is 20/20. His ophthalmologist examined
him in 2004 and certified, "It is my medical opinion that the right
eye is certainly good enough for Mr. Hatchel to perform the tasks
required for operating a commercial vehicle." Mr. Hatchel reported
that he has driven straight trucks for 13 years, accumulating 845,000
miles, and tractor-trailer combinations for 16 years, accumulating 1.4
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. 13. Paul W. Hunter Mr. Hunter, 44, has a macular scar in his right eye due to an
injury in 1991. The best-corrected visual acuity in his right eye is
20/200 and in the left, 20/20. Following an examination in 2004 his
optometrist stated, "In my opinion, patient has more than enough
vision to safely perform driving tasks required to operate a commercial
vehicle." Mr. Hunter reported that he has driven tractor-trailer
combinations for 10 years, accumulating 1.3 million miles. He holds a
Class AM CDL from Alabama. His driving record for the last 3 years
shows no crashes and two convictions for speeding in a CMV. He exceeded
the speed limit by 18 mph in one instance and 12 mph in another. 14. Harold D. Jones Mr. Jones, 38, has amblyopia in his left eye. The best-corrected
visual acuity in his right eye is 20/20 and in the left, 20/400. His
optometrist examined him in 2004 and certified, "In my opinion, this
patient has sufficient vision to operate a commercial vehicle." Mr.
Jones submitted that he has driven tractor-trailer combinations for 6
years, accumulating 600,000 miles. He holds a Class A CDL from
Kentucky. His driving record for the last 3 years shows no crashes or
convictions for moving violations in a CMV. 15. Lester G. Kelley II Mr. Kelley, 44, has a macular scar in his left eye due to trauma in
1982. The best-corrected visual acuity in his right eye is 20/20 and in
the left, light perception. His ophthalmologist examined him in 2004
and certified, "I believe the patient should be able to adequately
operate a commercial vehicle and drive without difficulty secondary to
having good vision in only one eye." Mr. Kelley reported that he has
driven tractor-trailer combinations for 17 years, accumulating 1.7
million miles. He holds a Class A 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 9 mph. 16. Robert L. Lafollette Mr. Lafollette, 60, has amblyopia in his left eye. The best-
corrected visual acuity in his right eye is 20/20 and in the left, 20/
300. His optometrist examined him in 2004 and certified, "I believe
that this condition poses no hindrance to Mr. Lafollette's ability to
operate a commercial vehicle." Mr. Lafollette reported that he has
driven straight trucks for 35 years, accumulating 420,000 miles, and
tractor-trailer combinations for 25 years, accumulating 250,000 miles.
He holds a Class A CDL from Virginia. His driving record for the last 3
years shows no crashes or convictions for moving violations in a CMV. 17. Ray P. Lenz Mr. Lenz, 59, sustained an injury to his left eye at age 5. His
visual acuity in the right eye is 20/20 and in the left, light
perception. Following an examination in 2004, his optometrist
certified, "I feel that Ray Lenz has sufficient vision to operate a
commercial vehicle." Mr. Lenz reported that he has driven straight
trucks for 41 years, accumulating 717,000 miles, and tractor-trailer
combinations for 19 years, accumulating 950,000 miles. He holds a Class
A CDL from Iowa. His driving record for the last 3 years shows no
crashes or convictions for moving violations in a CMV. 18. John M. Lonergan Mr. Lonergan, 60, 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 2004, his ophthalmologist certified, "In
my medical opinion the patient has sufficient vision to perform the
driving tasks required to operate a commercial vehicle." Mr. Lonergan
reported that he has driven tractor-trailer combinations for 39 years,
accumulating 3.1 million miles. He holds a Class A CDL from Illinois.
His driving record for the last 3 years shows one crash and no
convictions for moving violations in a CMV. According to the police
report, Mr. Lonergan, driving a tractor-trailer combination, was
attempting to make a right turn when another driver passing on the
right struck his vehicle. The other driver was charged with failing to
yield the right of way. Mr. Lonergan was not cited. 19. Michael B. McClure Mr. McClure, 54, has a retinal detachment in his left eye due to an
injury 33 years ago. His best-corrected visual acuity in the right eye
is 20/15 and in the left, 20/200. Following an examination in 2004, his
optometrist certified, "In my medical opinion he has sufficient vision
to operate a commercial vehicle." Mr. McClure submitted that he has
driven tractor-trailer combinations for 23 years, accumulating 1.7
million miles. He holds a Class A CDL from California. His driving
record for the last 3 years shows one crash and one conviction for a
moving violation in a CMV. The moving violation was exceeding the speed
limit by 10 mph. According to the police report for the crash, the
driver of the other vehicle involved failed to stop for a red traffic
light and collided with Mr. McClure's vehicle in the intersection. The
other driver was charged with failing to stop for a red traffic light.
Mr. McClure was not cited. 20. Lamont S. McCord Mr. McCord, 58, has a macular scar in his left eye due to injury at
age 12. His best-corrected visual acuity in the right eye is 20/20 and
in the left, hand motion. Following an examination in 2004, his
ophthalmologist certified, "In my medical opinion, Lamont McCord has
ample vision to operate a commercial vehicle." Mr. McCord reported
that he has driven straight trucks for 15 years, accumulating 86,000
miles, and tractor-trailer combinations for 24 years, accumulating
902,000 miles. He holds a Class CA CDL from Michigan. His driving
record for the last 3 years shows no crashes or convictions for moving
violations in a CMV. 21. Francis M. McMullin Mr. McMullin, 38, has amblyopia in his right eye. The best-
corrected visual acuity in his right eye is 20/400 and in the left, 20/
20. His optometrist examined him in 2004 and certified, "The patient
has sufficient vision to perform all driving tasks needed to operate a
commercial vehicle." Mr. McMullin submitted that he has driven
straight trucks for 21 years, accumulating 315,000 miles, and tractor-
trailer combinations for 12 years, accumulating 480,000 miles. He holds
a Class AM CDL from Pennsylvania. His driving record for the last 3
years shows no crashes or convictions for moving violations in a CMV. 22. Joe L. Meredith, Jr. Mr. Meredith, 37, lost vision in his left eye as a child due to an
ocular tumor. His visual acuity in the right eye is 20/20. Following an
examination in 2004, his ophthalmologist noted, "In my opinion this
patient has sufficient field of vision and visual acuity to drive a
commercial motor vehicle over the road." Mr. Meredith reported that he
has driven tractor-trailer combinations for 5 years, accumulating
600,000 miles. He holds a Class A CDL from Virginia. His driving record
for the last 3 years shows one crash and two convictions for moving
violations--both "failure to obey a traffic sign"--in a CMV.
According to the police report for the crash, Mr. Meredith's vehicle
side-swiped another vehicle that was entering the highway from the on
ramp. The other driver was charged with failing to yield the right of
way. Mr. Meredith was not cited. 23. Norman Mullins Mr. Mullins, 51, has nerve damage in his right eye due to an
accident in 1980. His visual acuity in the right eye is 20/80 and in
the left, 20/20. Following an examination in 2004, his optometrist
certified, "In my medical opinion, Norman Mullins has sufficient
vision to operate a commercial vehicle." Mr. Mullins reported that he
has driven straight trucks for 33 years, accumulating 660,000 miles,
and tractor-trailer combinations for 28 years, accumulating 2.7 million
miles. He holds a Class A CDL from Ohio. His driving record for the
last 3 years shows one crash and no convictions for moving violations
in a CMV. According to the police report for the crash, the other
vehicle entered the roadway from a controlled intersection and was
rear-ended by Mr. Mullins' vehicle. The other driver was charged with
failing to yield the right of way. Mr. Mullins was not cited. 24. Harold W. Mumford Mr. Mumford, 60, lost his left eye due to an injury in 1971. The
visual acuity in his right eye is 20/20. Following an examination in
2004, his optometrist stated, "In my opinion, Harold has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle." Mr. Mumford submitted that he has driven straight trucks for
4 years, accumulating 400,000 miles. He holds a Class C driver's
license from Kansas. His driving record for the last 3 years shows no
crashes or convictions for moving violations in a CMV. 25. Charles R. O'Connell Mr. O'Connell, 60, underwent surgery for a tumor in his left eye in
1977. The best-corrected visual acuity in his right eye is 20/25.
Following an examination in 2004, his ophthalmologist certified, "In
my opinion he has more than sufficient vision to perform and operate a
commercial vehicle." Mr. O'Connell reported that he has driven
straight trucks and tractor-trailer combinations for 42 years,
accumulating 1.4 million miles in the former and 210,000 miles in the
latter. He holds a Class A CDL from Massachusetts. His driving record
for the last 3 years shows no crashes or convictions for moving
violations in a CMV. 26. Dennis R. O'Dell, Jr. Mr. O'Dell, 38, has amblyopia in his right eye. The best-corrected
visual acuity in his right eye is 20/80 and in the left, 20/30. His
optometrist examined him in 2004 and certified, "My opinion, due to
the fact that he has adjusted over time to use monocular clues for his
depth of perception, is that I see no reason why he couldn't perform
his tasks as a commercial driver." Mr. O'Dell reported that he has
driven tractor-trailer combinations for 12 years, accumulating 1.0
million miles. He holds a Class A CDL from New York. His driving record
for the last 3 years shows one crash and no convictions for moving
violations in a CMV. According to the police report, Mr. O'Dell's truck
was struck by a driver who was entering the highway from an on ramp.
The report stated the other driver failed to yield the right of way and
contributed to the crash by failing to control speed. Mr. O'Dell was
not cited. 27. Virgil A. Potts Mr. Potts, 49, has amblyopia in his left eye. The best-corrected
visual acuity in his right eye is 20/20 and in the left, 20/70. His
ophthalmologist examined him in 2004 and stated, "I certify that in my
medical opinion, Virgil Potts has sufficient vision to perform the
driving tasks required to operate a commercial vehicle." Mr. Potts
reported that he has driven straight trucks and tractor-trailer
combinations for 20 years, accumulating 1.0 million miles in the former
and 1.6 million miles in the latter. He holds a Class A CDL from
Colorado. His driving record for the last 3 years shows no crashes or
convictions for moving violations in a CMV. 28. Clarence H. Redding Mr. Redding, 65, experienced a central retinal vein occlusion in
his right eye in 2000. His visual acuity in the right eye is 20/400 and
in the left, 20/30. Following an examination in 2004, his optometrist
certified, "It is my medical opinion that Mr. Redding has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle." Mr. Redding reported that he has driven straight trucks for 3 years, accumulating 79,000 miles, and
tractor-trailer combinations for 44 years, accumulating 6.2 million
miles. He holds a Class A CDL from Utah. His driving record for the
last 3 years shows no crashes or convictions for moving violations in a
CMV. 29. David J. Triplett Mr. Triplett, 42, has amblyopia in his right eye. His best-
corrected visual acuity in the right eye is 20/40 and in the left, 20/
20. Following an examination in 2004, his optometrist certified, "It
is my opinion that Mr. Triplett has sufficient vision to perform any
driving tasks required to operate a commercial vehicle." Mr. Triplett
reported that he has driven straight trucks for 16 years, accumulating
640,000 miles. He holds a Class A CDL from Kentucky. His driving record
for the last 3 years shows no crashes 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. Issued on: November 3, 2004.
Rose A. McMurray,
Associate Administrator, Policy and Program Development.
[FR Doc. 04-24867 Filed 11-5-04; 8:45 am]
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