[Federal Register: October 15, 2007 (Volume 72, Number 198)]
[Notices]
[Page 58362-58365]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15oc07-87]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2007-29019]
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 27 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 November 14, 2007.
ADDRESSES: You may submit comments bearing the Department of
Transportation (DOT) Docket Management System (DMS) Docket Number
FMCSA-2007-29019 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 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 number
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 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 DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477-78; Apr. 11, 2000).
This information is also available at http://Docketinfo.dot.gov.
FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Chief, Physical
Qualifications Division, (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 27 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
Christopher L. Bagby
Mr. Bagby, age 42, has loss of vision in his right eye due to a
misplaced pupil and cataract as a result of a traumatic injury
sustained as a child. The best corrected visual acuity in his right eye
is 20/1200 and in the left, 20/20. Following an examination in 2007,
his optometrist noted, ``Chris currently wears glasses and should
continue to do so for driving. Other than that, I do not recommend any
limitations on him for driving standard or commercial vehicles.'' Mr.
Bagby reported that he has driven straight trucks for 7 years,
accumulating 182,000 miles, and tractor-trailer combinations for 4
years, accumulating 99,840 miles. He holds a Class A Commercial
Driver's License (CDL) from Virginia. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Robert W. Bequeaith
Mr. Bequeaith, 56, has loss of vision in his left eye due to a
retinal detachment as a result of a traumatic injury sustained as a
child. The best corrected visual acuity in his right eye is 20/16 and
in the left, 20/150. Following an examination in 2007, his optometrist
noted, ``My impression is that Mr. Bequeaith has the visual ability to
safely continue operating a commercial vehicle.'' Mr. Bequeaith
reported that he has driven straight trucks for 3 years, accumulating
30,000 miles, and tractor-trailer combinations for 37 years,
accumulating 3.6 million 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.
[[Page 58363]]
William R. Braun
Mr. Braun, 60, 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,
20/70. Following an examination in 2007, his optometrist noted, ``In my
opinion, Mr. Braun has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Braun reported that he
has driven buses for 4 years, accumulating 96,000 miles. He holds a
Class A CDL from New Mexico. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Lloyd K. Brown
Mr. Brown, 68, 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. Following an examination in 2007, his optometrist noted, ``In
my opinion, he has stable sufficient vision to continue operating a
CMV.'' Mr. Brown reported that he has driven straight trucks for 6
years, accumulating 3,300 miles, tractor-trailer combinations for 3\1/
2\ years, accumulating 87,500 miles, and buses for 6 years,
accumulating 79,200 miles. He holds a Class B CDL from Wyoming. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Kecia D. Clark-Welch
Ms. Clark-Welch, 42, has had amblyopia in her right eye since
birth. The best corrected visual acuity in her right eye is 20/60 and
in the left, 20/20. Following an examination in 2007, her
ophthalmologist noted, ``Vision is sufficient to operate a commercial
vehicle.'' Ms. Clark-Welch reported that she has driven tractor-trailer
combinations for 9 years, accumulating 151,200 miles. She holds a Class
A CDL from North Carolina. Her driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Earl S. Cooper
Mr. Cooper, 60, has had amblyopia in his left eye since childhood.
The best corrected visual acuity in his right eye is 20/15 and in the
left, 20/200. Following an examination in 2007, his optometrist noted,
``Mr. Cooper, in my medical opinion, has sufficient vision to perform
the driving tasks required to operate a commercial vehicle, as he has
done for many years.'' Mr. Cooper reported that he has driven straight
trucks for 30 years, accumulating 600,000 miles, and tractor-trailer
combinations for 35 years, accumulating 1.9 million 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.
Tommy R. Crouse
Mr. Crouse, 43, has a macular scar as a result of a traumatic
injury sustained in 2003. The visual acuity in his right eye is count-
finger-vision and in the left, 20/20. Following an examination in 2007,
his optometrist noted, ``Mr. Crouse should have no trouble performing
the visual tasks required to drive a commercial vehicle.'' Mr. Crouse
reported that he has driven straight trucks for 2 years, accumulating
150,000 miles, and tractor-trailer combinations for 8 years,
accumulating 800,000 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.
Ben W. Davis
Mr. Davis, 58, has had amblyopia in his right eye since childhood.
The best corrected visual acuity in his right eye is 20/50 and in the
left, 20/20. Following an examination in 2007, his optometrist noted,
``This patient has sufficient vision to perform the driving tasks
required to operate a commercial vehicle in my professional opinion.''
Mr. Davis reported that he has driven straight trucks for 19 years,
accumulating 114,000 miles, and buses for 30 years, accumulating 60,000
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.
Charles A. DeKnikker, Sr.
Mr. DeKnikker, 54, has had amblyopia in his right eye since birth.
The best corrected visual acuity in his right eye is 20/200 and in the
left, 20/20. Following an examination in 2007, his optometrist noted,
``I have seen Charles as a patient for over ten years and his
correction and visual status is stable and has not changed. Therefore
his vision is sufficient to perform the driving tasks required to
operate a commercial vehicle.'' Mr. DeKnikker reported that he has
driven straight trucks for 35 years, accumulating 2.7 million miles,
and tractor-trailer combinations for 19 years, accumulating 988,000
miles. He holds a Class A CDL from Nevada. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Everett E. Denny
Mr. Denny, 49, has complete loss of vision in his left eye due to
aphakia and glaucoma as a result of a traumatic injury sustained as a
child. The visual acuity in his right eye is 20/15. Following an
examination in 2007, his optometrist noted, ``His vision and field of
vision in the right eye remains excellent and is more than adequate to
operate a commercial vehicle.'' Mr. Denny reported that he has driven
straight trucks for 23 years, accumulating 1.4 million miles. He holds
a Class A CDL from Oklahoma. 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.
Nigel L. Farmer
Mr. Farmer, 45, 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, 20/400. Following an examination in 2007, his optometrist noted,
``I certify that in my medical opinion, Mr. Farmer has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Farmer reported that he has driven straight trucks for
24 years, accumulating 792,000 miles. He holds a Class A CDL from
Connecticut. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Earl M. Frederick, Jr.
Mr. Frederick, 45, 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 2007, his ophthalmologist
noted, ``You will note that the patient has adequate color vision,
horizontal vision and his left visual acuity is 20/20, which should
enable him to receive his commercial driver's license without
problem.'' Mr. Frederick reported that he has driven straight trucks
for 23 years, accumulating 460,000 miles. He holds a Class D operator's
license from South Carolina. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Lorne H. Geiken
Mr. Geiken, 36, has had amblyopia in his right eye since childhood.
The best corrected visual acuity in his right eye is 20/70 and in the
left, 20/20. Following an examination in 2007, his optometrist noted,
``In my opinion, I feel Lorne has a stable visual system and should
have sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Geiken reported that he has driven tractor-
trailer combinations for 5 years, accumulating 625,000 miles. He holds
a
[[Page 58364]]
Class A CDL from South Dakota. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
John E. Halcomb
Mr. Halcomb, 40, had his right eye enucleated due to corneal damage
sustained as a child. The visual acuity in his left eye is 20/20.
Following an examination in 2006, his optometrist noted, ``I certify
that in my medical opinion, Mr. Halcomb has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Halcomb reported that he has driven straight trucks for 3 years,
accumulating 15,000 miles, and tractor-trailer combinations for 18
years, accumulating 1.8 million miles. He holds a Class A CDL from
Georgia. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Michael A. Hershberger
Mr. Hershberger, 50, 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, 20/400. Following an examination in 2007, his optometrist noted,
``Based on these findings, it is my opinion that Michael Hershberger
has sufficient vision to perform the tasks required to operate a
commercial vehicle.'' Mr. Hershberger reported that he has driven
straight trucks for 5 years, accumulating 200,000 miles, and tractor-
trailer combinations for 25 years, accumulating 2 million miles. He
holds a Class A CDL from Ohio. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Patrick J. Hogan, Jr.
Mr. Hogan, 36, had his right eye enucleated due to a retinoblastoma
that required removal of the eye when he was a child. The visual acuity
in his left eye is 20/20. Following an examination in 2007, his
optometrist noted, ``Based on today's examination, in my medical
opinion, Mr. Hogan has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Hogan reported that he
has driven straight trucks for 12 years, accumulating 144,000 miles. He
holds a Class A CDL from Delaware. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Donald W. Holt
Mr. Holt, 56, has loss of vision in his left eye due to scotoma
since 1983. 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, ``In my medical opinion, patient has enough and
sufficient vision to operate a commercial vehicle.'' Mr. Holt reported
that he has driven straight trucks for 12 years, accumulating 960,000
miles. He holds a Class D operator's license from Massachusetts. 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 16 mph.
Judy L. Marshall
Ms. Marshall, 43, has had amblyopia in her left eye since
childhood. The visual acuity in her right eye is 20/20 and in the left,
20/400. Following an examination in 2007, her optometrist noted,
``Patient has sufficient vision to operate commercial vehicle.'' Ms.
Marshall reported that she has driven straight trucks for 3 years,
accumulating 105,000 miles, and tractor-trailer combinations for 3
years, accumulating 105,000 miles. She holds a Class D operator's
license from South Carolina. Her driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Mark A. Massengill
Mr. Massengill, 49, has loss of vision in his right eye due to
retinal scarring as a result of a traumatic injury sustained as a
child. The best corrected visual acuity in his right eye is 20/400 and
in the left, 20/20. Following an examination in 2007, his optometrist
noted, ``It is my distinct and unequivocal opinion that Mr. Massengill
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Massengill reported that he has driven
straight trucks for 30 years, accumulating 3.9 million miles, and
tractor-trailer combinations for 30 years, accumulating 3.9 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.
Todd A. McBrain
Mr. McBrain, 40, has loss of vision in his left eye due to a
cataract as a result of a traumatic injury sustained as a child. The
best corrected visual acuity in his right eye is 20/20 and in the left,
20/200. Following an examination in 2007, his ophthalmologist noted,
``Yes, Mr. McBrain has sufficient vision to perform the driving task to
operate a commercial vehicle.'' Mr. McBrain reported that he has driven
straight trucks for 8 years, accumulating 4,000 miles. He holds a Class
D operator's license from Oklahoma. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Amilton T. Monteiro
Mr. Monteiro, 26, 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, 20/20. Following an examination in 2007, his
ophthalmologist noted, ``In my medical opinion, Mr. Monteiro has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Monteiro reported that he has driven straight
trucks for 7 years, accumulating 280,000 miles. He holds a Class D
operator's license from Massachusetts. His driving record for the last
3 years shows no crashes and no convictions for moving violations in a
CMV.
Dennis D. Moore
Mr. Moore, 55, 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, 20/300. Following an examination in 2007, his ophthalmologist
noted, ``I certify that he has sufficient vision to perform the driving
tasks required to operate a commercial vehicle in my medical opinion.''
Mr. Moore reported that he has driven straight trucks for 30 years,
accumulating 270,000 miles, and tractor-trailer combinations for 30
years, accumulating 2.9 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.
David G. Oakley
Mr. Oakley, 47, has amblyopia in his right eye since birth. The
best corrected visual acuity in his right eye is 20/200 and in the
left, 20/20. Following an examination in 2007, his ophthalmologist
noted, ``It is in my professional opinion that he has sufficient vision
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Oakley reported that he has driven straight trucks for 5
years, accumulating 200,000 miles. He holds a Class D operator's
license from South Carolina. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
John S. Olsen
Mr. Olsen, 57, has loss of vision in his right eye due to a birth
defect. The visual acuity in his right eye is 20/200
[[Page 58365]]
and in the left, 20/20. Following an examination in 2007, his
optometrist noted, ``After examining Mr. Olsen it is my professional
impression that he has sufficient functional vision to drive a
commercial vehicle.'' Mr. Olsen reported that he has driven straight
trucks for 42 years, accumulating 420,000 miles, tractor-trailer
combinations for 42 years, accumulating 420,000 miles, and buses for 42
years, accumulating 21,000 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.
Thomas J. Prusik
Mr. Prusik, 60, has had amblyopia 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 2007, his optometrist noted,
``With the left eye's VA of 20/20 uncorrected/corrected at distance,
patient has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Prusik reported that he has driven
straight trucks for 41\1/2\ years, accumulating 311,250 miles. He holds
a Class A CDL from New Jersey. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Glen W. Sterling
Mr. Sterling, 42, has loss of vision in his right eye due to a
macular scar as a result of a traumatic injury sustained as a child.
The visual acuity in his right eye is 20/20 and in the left, 20/200.
Following an examination in 2007, his optometrist noted, ``In my
medical opinion, Mr. Sterling has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Sterling
reported that he has driven straight trucks for 5 years, accumulating
25,000 miles, and tractor-trailer combinations for 4 years,
accumulating 60,000 miles. He holds a Class D chauffeur's license from
Louisiana. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Calvin D. Tubergen
Mr. Tubergen, 59, 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 2006, his
optometrist noted, ``In my medical opinion, Calvin's deficiency in his
right eye is stable and not progressive; and that he has sufficient
vision to perform the tasks required to operate a commercial vehicle.''
Mr. Tubergen reported that he has driven tractor-trailer combinations
for 7 years, accumulating 280,000 miles. He holds a Class A CDL from
Michigan. His driving record for the last 3 years shows no crashes and
two convictions for moving violations, one for failure to obey a
traffic signal, and one for speeding in a CMV. He exceeded the speed
limit by 10 mph.
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 November 14, 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: October 5, 2007.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E7-20208 Filed 10-12-07; 8:45 am]
BILLING CODE 4910-EX-P