[Federal Register: August 17, 2007 (Volume 72, Number 159)]
[Notices]
[Page 46261-46263]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17au07-102]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2007-28695]
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: The FMCSA announces receipt of applications from 19
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 September 17, 2007.
ADDRESSES: You may submit comments identified by Department of
Transportation (DOT) Docket Management System (DMS) Docket Number
FMCSA-2007-28695 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, 1200 New Jersey Avenue, SE., West Building, Ground
Floor, Room W12-140, Washington, DC 20590-0001.
Hand Delivery: 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.
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 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 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 online.
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 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, FMCSA, Room W64-224, U.S.
Department of Transportation, 1200 New Jersey Avenue, SE., 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.'' The FMCSA can renew
exemptions at the end of each 2-year period. The 19 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
Dean N. Brown
Mr. Brown, age 42, has loss of vision in his right eye due to a
traumatic injury sustained as a child. The visual acuity in his right
eye is 20/400 and in the left, 20/20. Following an examination in 2007,
his optometrist noted, ``I certify that Dean has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Brown reported that he has driven straight trucks for 23 years,
accumulating 115,000 miles, and tractor-trailer combinations for 11
years, accumulating 55,000 miles. He holds a Class A Commercial
Driver's License (CDL) from Maine. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
James F. Cain, Sr.
Mr. Cain, 44, has had a corneal scar in his right eye since 1997.
The best corrected visual acuity in his right eye is 20/150 and in the
left, 20/20. Following an examination in 2007, his optometrist noted,
``It is my opinion, Mr. Cain has sufficient vision to perform the tasks
required to operate a commercial vehicle.'' Mr. Cain reported that he
has driven straight trucks for 14 years, accumulating 145,600 miles. He
holds a Class B CDL from Ohio. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
[[Page 46262]]
David N. Cleveland
Mr. Cleveland, 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, 20/200. Following an examination in 2007, his
optometrist noted, ``It is my medical opinion that because of Mr.
Cleveland's considerable driving experience and the results of my
examinations, he has sufficient vision when wearing corrective lenses
to operate a commercial vehicle.'' Mr. Cleveland reported that he has
driven straight trucks for 29 years, accumulating 145,000 miles, and
tractor-trailer combinations for 23 years, accumulating 115,000 miles.
He holds a Class A CDL from Maine. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Matthew R. Floyd
Mr. Floyd, 37, has a macular scar with epiretinal membrane
formation in his right eye due to a traumatic injury sustained in 2003.
The visual acuity in his right eye is 20/50 and in the left, 20/20.
Following an examination in 2007, his optometrist noted, ``It is my
opinion, Mr. Floyd's visual deficit does not impact his ability to
operate a commercial vehicle.'' Mr. Floyd reported that he has driven
tractor-trailer combinations for 12 years, accumulating 480,000 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.
Nicholas A. Gotelaere
Mr. Gotelaere, 57, has optic atrophy in his left eye due to a
traumatic injury sustained as a child. The visual acuity in his right
eye is 20/20 and in the left, 20/400. Following an examination in 2007,
his optometrist noted, ``I feel that he does have the sufficient vision
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Gotelaere reported that he has driven straight trucks
for 26 years, accumulating 130,000 miles. He holds a Class D operator's
license from Wisconsin. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a
Christian L. Gremillion
Mr. Gremillion, 33, has had strabismus since childhood. The visual
acuity in his right eye is 20/20 and in the left, 20/25. As a result of
his condition, he lacks binocular vision. Following an examination in
2007, his ophthalmologist noted, ``This patient has sufficient vision
to operate a commercial vehicle and he has no eye disease that would
change this.'' Mr. Gremillion reported that he has driven tractor-
trailer combinations for 7 years, accumulating 756,000 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.
Valerie L. Kaune
Ms. Kaune, 47, has had amblyopia in her right eye since birth. The
best corrected visual acuity in her right eye is 20/50 and in the left,
20/20. Following an examination in 2007, her optometrist noted, ``In my
professional opinion, Valerie has sufficient vision, including field of
vision, to perform the driving tasks required to operate a commercial
vehicle.'' Ms. Kaune reported that she has driven straight trucks for
10 years, accumulating 1.1 million miles, and tractor-trailer
combinations for 2\1/2\ years, accumulating 319,375 miles. She holds a
Class A CDL from Texas. Her driving record for the last 3 years shows
no crashes and one conviction for a moving violation, speeding in a
CMV. She exceeded the speed limit by 10 mph.
Frank D. Konwinski, Jr.
Mr. Konwinski, 74, has complete loss of vision in his left eye due
to a severed optic nerve as the result of a traumatic injury sustained
in 1958. The best corrected visual acuity in his right eye is 20/25.
Following an examination in 2006, his ophthalmologist noted, ``I
certify that in my medical opinion, Mr. Frank Dennes Konwinski, Jr.,
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Konwinski reported that he has driven
straight trucks for 57 years, accumulating 90,060 miles, and tractor-
trailer combinations for 10 years, accumulating 25,000 miles. He holds
a Class O operator's license from Nebraska, which allows him to drive
any non-commercial vehicle except motorcycles. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Jason E. Mallette
Mr. Mallette, 48, has a prosthetic right eye since 1969 due to
disease caused by a parasite. The best corrected visual acuity in his
left eye is 20/15. Following an examination in 2007, his
ophthalmologist noted, ``Patient has vision capable of operating a
commercial vehicle.'' Mr. Mallette reported that he has driven straight
trucks for 3 years, accumulating 60,000 miles, and tractor-trailer
combinations for 23 years, accumulating 506,000 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.
Richard K. Mell
Mr. Mell, 61, has had amblyopia in his right eye since childhood.
The best corrected visual acuity in his right eye is 20/200 and in the
left, 20/25. Following an examination in 2007, his optometrist noted,
``In my opinion, Mr. Mell has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Mell reported
that he has driven tractor-trailer combinations for 15 years,
accumulating 1.5 million miles. He holds a Class A CDL from Virginia.
His driving record for the last 3 years shows two crashes, both of
which he was cited for, and no convictions for moving violations in a
CMV.
Christian E. Merseth
Mr. Merseth, 61, has a prosthetic right eye due to a traumatic
injury sustained in 1971. The best corrected visual acuity in his left
eye is 20/10. Following an examination in 2007, his optometrist noted,
``Patient has better than standard vision to in left eye and his visual
field is adequate to operate a commercial motor vehicle.'' Mr. Merseth
reported that he has driven tractor-trailer combinations for 9 years,
accumulating 810,000 miles. He holds a Class A CDL from Minnestoa. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Luis C. Najera
Mr. Najera, 40, has had amblyopia in his right eye since childhood.
The best corrected visual acuity in his right eye is 20/200 and in the
left, 20/25. Following an examination in 2007, his ophthalmologist
noted, ``In my medical opinion, he has sufficient vision to perform the
driving task required to operate a commercial vehicle.'' Mr. Najera
reported that he has driven straight trucks for 3 years, accumulating
120,000 miles, and tractor-trailer combinations for 20 years,
accumulating 2.3 million miles. He holds a Class A CDL from Texas. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Kenneth D. Perkins
Mr. Perkins, 45, has a prosthetic left eye due to a traumatic
injury sustained as a child. The best corrected visual acuity in his
right eye is 20/20.
[[Page 46263]]
Following an examination in 2007, his optometrist noted, ``Patient has
sufficient vision to perform driving tasks required to operate a
commercial vehicle.'' Mr. Perkins reported that he has driven tractor-
trailer combinations for 7 years, accumulating 560,000 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.
Terry W. Pope
Mr. Pope, 42, 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 2007, his ophthalmologist noted, ``I, Dr.
Atnip, certify that in my medical opinion, Terry W. Pope has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Pope reported that he has driven straight trucks for 16
years, accumulating 480,000 miles. He holds a Class A CDL from
Tennessee. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Daniel T. Rhodes
Mr. Rhodes, 52, has a prosthetic right eye due to a retinal
detachment caused by a genetic disease called Stickler's syndrome. The
best corrected visual acuity in his left eye is 20/25. Following an
examination in 2007, his ophthalmologist noted, ``In my medical
opinion, although a one-eyed patient, he has satisfactory vision to
perform driving tasks in order to operate a commercial vehicle.'' Mr.
Rhodes reported that he has driven straight trucks for 31 years,
accumulating 465,000 miles. He holds a Class B CDL from Illinois. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Stephen E. Shields
Mr. Shields, 56, 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 2007, his optometrist noted, ``In my
opinion with the long standing nature of visual impairment, Mr. Shields
is safe to operate a commercial vehicle.'' Mr. Shields reported that he
has driven straight trucks for 4 years, accumulating 180,000 miles, and
tractor-trailer combinations for 24 years, accumulating 840,000 miles.
He holds a Class A CDL from Kentucky. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Ricky J. Siebels
Mr. Siebels, 46, has a prosthetic right eye due to a traumatic
injury sustained as a child. The visual acuity in his left eye is 20/
15. Following an examination in 2007, his optometrist noted, ``Ricky J.
Siebels has sufficient vision to perform the driving tasks to operate a
commercial vehicle.'' Mr. Siebels reported that he has driven straight
trucks for 27 years, accumulating 405,000 miles, and tractor-trailer
combinations for 14 years, accumulating 630,000 miles. He holds a Class
A CDL from Nebraska. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Don S. Williams
Mr. Williams, 49, has a prosthetic right eye due to a traumatic
injury sustained as a child. The best corrected visual acuity in his
left eye is 20/20. Following an examination in 2007, his
ophthalmologist noted, ``It is therefore my opinion that Mr. Williams
has full field of vision and would not have any difficulty driving any
type of motor vehicle.'' Mr. Williams reported that he has driven
straight trucks for 18 years, accumulating 381,600 miles, and tractor-
trailer combinations for 6 years, accumulating 39,996 miles. He holds a
Class A CDL from Virginia. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Robert L. Williams, Jr.
Mr. Williams, 44, has had a corneal scar on 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 2007, his optometrist noted,
``Because this corneal scar has been present since childhood, and Mr.
Williams has safely operated a commercial vehicle for years, he can
continue to do so.'' Mr. Williams reported that he has driven straight
trucks for 13 years, accumulating 260,000 miles, tractor-trailer
combinations for 13 years, accumulating 130,000 miles, and buses for 10
years, accumulating 100,000 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.
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 September 17, 2007. 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 9, 2007.
Larry W. Minor,
Associate Administrator, Policy and Program Development.
[FR Doc. E7-16201 Filed 8-16-07; 8:45 am]
BILLING CODE 4910-EX-P