[Federal Register: January 25, 2006 (Volume 71, Number 16)]
[Notices]
[Page 4194-4196]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25ja06-129]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2005-23099]
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 17 individuals
for an 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 February 24, 2006.
ADDRESSES: You may submit comments identified by DOT Docket Management
System (DMS) Docket Number FMCSA-2005-23099 using any of the following
methods:
- Web site: http://dmses.dot.gov/submit. 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 online instructions for submitting comments.
Instructions: All submissions must include the agency name and
docket number for this notice. 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 for further
information.
Docket: For access to the docket to read background documents or
comments received, go to http://dms.dot.gov at any time or 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. The DMS 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 Department of Transportation's complete Privacy Act
Statement in the Federal Register published on April 11, 2000 (65 FR
19477; Apr. 11, 2000). This information is also available at http://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Chief, Physical
Qualifications Division, (202) 366-4001, mgunnels@fmcsa.dot.gov, 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:
Background
Under 49 U.S.C. 31315 and 31136(e), 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 17 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
John R. Alger
Mr. Alger, 72, has complete loss of vision in his left eye due to
phthisis, chronic retinal detachment, and surgical aphakia since 1998.
The best corrected visual acuity in his right eye is 20/20. Following
an examination in 2005, his ophthalmologist noted, "Mr. Alger has
demonstrated the ability to operate a motor vehicle. In my opinion, his
vision is stable and sufficient to continue operating a commercial
vehicle." Mr. Alger reported that he has driven straight trucks for 25
years, accumulating 125,000 miles and tractor-trailer combinations for
16 years, accumulating 1.6 million miles. He holds a Class A CDL from
Kansas. His driving record for the last 3 years shows no crashes or
convictions for moving violations in a CMV.
Gene Bartlett, Jr.
Mr. Bartlett, 43, has had refractive amblyopia in his left eye
since childhood. The best corrected visual acuity in his right eye is
20/20 and in the left, 20/60-2. His optometrist examined him in 2005
and noted, "In my opinion, Mr. Gene Bartlett Jr. has more than
sufficient vision to safely operate a commercial vehicle." Mr.
Bartlett reported that he has driven straight trucks for 22 years,
accumulating 66,000 miles, and tractor-trailer combinations for 22
years, accumulating 66,000 miles. He holds a Class A CDL from Vermont.
His driving record for the last 3 years shows no crashes or convictions
for moving violations in a CMV.
Raymond C. Becker
Mr. Becker, 80, 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 2005, his optometrist noted,
"I do believe that he has the vision to perform driving tasks to
operate a commercial vehicle." Mr. Becker reported that he has driven
straight trucks for 4 years, accumulating 48,000 miles and tractor-
trailer combinations for 49 years, accumulating 5.8 million 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.
Marland L. Brassfield
Mr. Brassfield, 50, has had an enucleation of his left eye due to
trauma he sustained in 1961. The best uncorrected visual acuity in his
right eye is 20/15. His optometrist examined him in 2005 and noted,
"In my opinion Mr. Brassfield has more than sufficient vision to
perform the driving tasks to operate a commercial vehicle." Mr.
Brassfield reported that he has driven straight trucks for 6 years,
accumulating 270,000 miles and tractor-trailer combinations for 9
years, accumulating 900,000 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.
Walter M. Brown
Mr. Brown, 49, has had amblyopia in his left eye since birth. The
best corrected visual acuity in his right eye is 20/20 and in the left
20/200.
[[Page 4195]]
Following an examination in 2005, his optometrist noted, "It is my
medical opinion that Mr. Brown has sufficient vision to perform the
driving tasks required to operate a commercial vehicle." Mr. Brown
reported that he has driven straight trucks for 19 years, accumulating
988,000 miles and tractor-trailer combinations for 19 years,
accumulating 342,000 miles. He holds a Class A CDL from South Carolina.
His driving record for the last 3 years shows no crashes or convictions
for moving violations in a CMV.
Rodney D. Curtis
Mr. Curtis, 41, has a prosthetic right eye due to trauma he
sustained in 1992. The best corrected visual acuity in his left eye is
20/15. Following an examination in 2005, his optometrist noted, "In my
opinion, Mr. Curtis has sufficient vision to operate a commercial
vehicle." Mr. Curtis reported that he has driven straight trucks for 4
years, accumulating 80,000 miles and tractor-trailer combinations for
20 years, accumulating 1.4 million 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.
Troy S. David
Mr. David, 36, has a prosthetic left eye due to trauma he sustained
as a child. The best corrected visual acuity in his right eye is 20/15.
Following an examination in 2005, his optometrist noted, "Mr. David's
visual deficiency is stable, and he has sufficient vision to operate a
commercial vehicle." Mr. David reported that he has driven straight
trucks for 5 years, accumulating 50,000 miles and tractor-trailer
combinations for 15 years, accumulating 1.2 million miles. He holds a
Class A CDL from Washington. His driving record for the last 3 years
shows no crashes or convictions for moving violations in a CMV.
Norman J. Day
Mr. Day, 58, has a corneal scar on his left eye due to chicken pox
and measles infections he sustained as a child. The best corrected
visual acuity in his right eye is 20/15 and in the left, hand motion.
His optometrist examined him in 2005 and noted, "I certify that Mr.
Norman Day has sufficient vision to perform driving tasks required to
operate a commercial vehicle." Mr. Day reported that he has driven
straight trucks for 39 years, accumulating 780,000 miles and tractor-
trailer combinations for 35 years, accumulating 1 million miles. 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.
John M. Doney
Mr. Doney, 47, has had loss of vision in his right eye due to
trauma he sustained in 1965. The best corrected visual acuity in his
right eye is 20/70 and in the left, 20/20. Following an examination in
2005, his optometrist noted, "We hereby certify that in our opinion he
has sufficient vision to operate a commercial vehicle." Mr. Doney
reported that he has driven straight trucks for 5 years, accumulating
124,000 miles and tractor-trailer combinations for 1 year, accumulating
15,000 miles. He holds a Class B CDL from Missouri. His driving record
for the last 3 years shows no crashes or convictions for moving
violations in a CMV.
Dale Fields
Mr. Fields, 65, has commotio retinae in his left eye due to trauma
sustained in 1948. The best corrected visual acuity in the right eye,
is 20/40 and in the left, 20/400. Following an examination in 2005, his
optometrist noted, "In my opinion, Mr. Fields has sufficient vision to
perform the driving tasks required to operate a commercial vehicle."
Mr. Fields reported that he has driven tractor-trailer combinations for
39 years, accumulating 3,120,000 miles. He holds a Class A CDL from
West Virginia. His driving record for the last 3 years shows no crashes
or convictions for moving violations in a CMV.
Billy Ray Jeffries
Mr. Jeffries, 49, has had strabismic amblyopia in his right eye
since childhood. His optometrist noted that there is no way of knowing
how long he has been amblyopic. The best corrected visual acuity in his
right eye is 20/25 and in the left, 20/200. His optometrist examined
him in 2005 and noted, "In my professional opinion, Mr. Jeffries has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle." Mr. Jeffries reported that he has driven straight
trucks for 6 years, accumulating 150,000 miles. He holds a Class A CDL
from West Virginia. His driving record for the last 3 years shows no
crashes or convictions for moving violations in a CMV.
Brian E. Monaghan
Mr. Monaghan, 55, has had amblyopia in his left eye since birth.
The best corrected visual acuity in his right eye is 20/20 and in the
left, 20/200. Following an examination in 2005, his ophthalmologist
noted, "He should have sufficient vision to drive a commercial
vehicle." Mr. Monaghan reported that he has driven straight trucks for
28 years, accumulating 1.2 million miles. He holds a Class B CDL from
Illinois. His driving record for the last 3 years shows no crashes or
convictions for moving violations in a CMV.
Roberto G. Serna
Mr. Serna, 49, has maculopathy in his left eye due to trauma he
sustained over 20 years ago. The best corrected visual acuity in his
right eye is 20/20 and in the left, 20/70. His optometrist examined him
in 2005 and noted "After examining him, in my opinion, he has
sufficient vision to operate a commercial vehicle." Mr. Serna reported
that he has driven straight trucks for 30 years, accumulating 90,000
miles. He holds a Class C operator's license from Maryland. His driving
record for the last 3 years shows no crashes or convictions for moving
violations in a CMV.
Robert V. Sloan
Mr. Sloan, 45, 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, 20/80. His optometrist examined him in 2005 and noted, "I think
Mr. Robert Sloan has sufficient vision for driving a commercial
vehicle." Mr. Sloan reported that he has driven straight trucks for 9
years, accumulating 98,550 miles. He holds a Class C operator's license
from North Carolina. His driving record for the last 3 years shows no
crashes or convictions for moving violations in a CMV.
Raymond C. Smith
Mr. Smith, 72, has had ischemic optic neuropathy in his right eye
since 2000. The best corrected visual acuity in his right eye is count-
finger-vision at 8 feet and in the left, 20/20. Following an
examination in 2004, his optometrist noted, "In my opinion, Mr. Smith
retains more than enough vision to perform the driving tasks required
to operate a commercial vehicle." Mr. Smith reported that he has
driven straight trucks for 8 years, accumulating 384,000 miles and
tractor-trailer combinations for 45 years, accumulating 2.7 million
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.
Gary N. Wilson
Mr. Wilson, 51, has a prosthetic right eye due to an injury he
sustained in 1959. The best corrected visual acuity in [[Page 4196]]
his left eye is 20/20. Following an examination in 2005, his
optometrist noted, "I feel Gary has sufficient vision to operate a
commercial vehicle. He has had this condition since he has been driving
and he has a very good driving record." Mr. Wilson reported that he
has driven straight trucks for 31 years, accumulating 775,000 miles. He
holds a Class D operator's license from Utah. His driving record for
the last 3 years shows no crashes or convictions for moving violations
in a CMV.
William B. Wilson
Mr. Wilson, 63, has had amblyopia in his right eye since birth. The
best corrected visual acuity in his right eye is 20/80 and in the left,
20/20. Following an examination in 2005, his ophthalmologist noted,
"It is my medical opinion that Mr. Wilson has sufficient vision to
perform the driving tasks required to operate a commercial vehicle."
Mr. Wilson reported that he has driven straight trucks for 47 years,
accumulating 1.2 million miles and 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.
Request for Comments
In accordance with 49 U.S.C. 31315 and 31136(e), 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 February 24, 2006. 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 January 18, 2006.
Rose A. McMurray,
Associate Administrator, Policy and Program Development.
[FR Doc. E6-856 Filed 1-24-06; 8:45 am]
BILLING CODE 4910-EX-P
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