[Federal Register: November 28, 2007 (Volume 72, Number 228)]
[Notices]
[Page 67340-67344]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28no07-85]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket ID FMCSA-2007-0017]
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 28 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 December 28, 2007.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2007-0017 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 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
[[Page 67341]]
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 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 28 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
Thomas E. Anderson
Mr. Anderson, age 53, has complete loss of vision in his left eye
due to a traumatic injury sustained 35 years ago. The best corrected
visual acuity in his right eye is 20/20. Following an examination in
2007, his optometrist noted, ``Mr. Anderson has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Anderson reported that he has driven straight trucks for 35 years,
accumulating 1.6 million miles. He holds a Class C 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.
Garry A. Baker
Mr. Baker, 45, has a macular scar in his right eye due to an ocular
injury sustained 25 years ago. The best corrected visual acuity in his
right eye is 20/400 and in the left, 20/20. Following an examination in
2007, his ophthalmologist noted, ``I believe that despite Mr. Baker's
small central visual field defect and relatively poor vision in the
right eye, his left eye is absolutely normal and the right eye has more
than adequate visual field remaining to be able to perform the driving
task required to operate a commercial vehicle for driving.'' Mr. Baker
reported that he has driven straight trucks for 29 years, accumulating
499,989 miles. He holds a Class A Commercial Driver's License (CDL)
from Ohio. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Richard D. Becotte
Mr. Becotte, 30, has central loss of vision in his left eye due to
a large macular scar. 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, ``His ocular health is otherwise normal and the
reduced central vision he has in his left eye does not prevent him from
operating a commercial vehicle in a safe manner because he has a
perfectly normal and healthy right eye to compensate adequately.'' Mr.
Becotte reported that he has driven straight trucks for 10 years,
accumulating 250,000 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.
Timothy W. Bickford
Mr. Bickford, 58, has had amblyopia in his right eye since
childhood. 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, ``Therefore, in my opinion, because he has held a
commercial license for a number of years without incident, I see no
visual reason to deny him continuance of his commercial license.'' Mr.
Bickford reported that he has driven straight trucks for 30 years,
accumulating 1.1 million 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.
James E. Blazer
Mr. Blazer, 75, has had macular degeneration in his right eye since
2003. 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, his vision is
sufficient to perform the tasks required to operate a commercial
vehicle.'' Mr. Blazer reported that he has tractor-trailer combinations
for 50 years, accumulating 6.9 million miles. He holds a Class D
operator's license from Tennessee. His driving record for the last 3
years shows no crashes and one conviction for a moving violation in a
CMV, passing vehicles in a no passing zone.
Terry S. Brookshire, Jr.
Mr. Brookshire, 29, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is light perception and
in the left, 20/15. Following an examination in 2007, his optometrist
noted, ``In my opinion, Mr. Steven has sufficient vision to perform the
tasks required to operate commercial vehicles. Mr. Brookshire reported
that he has driven straight trucks for 5 years, accumulating 110,000
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.
Wayne A. Burnett
Mr. Burnett, 44, has complete loss of vision in his right eye due
to an injury sustained in 1997. The best corrected visual acuity in his
left eye is 20/20. Following an examination in 2007, his optometrist
noted, ``Wayne has sufficient vision to perform driving a commercial
vehicle. Mr. Burnett reported that he has driven straight trucks for 2
years, accumulating 420,000 miles. He holds a Class A CDL from North
Carolina. His driving record for the last 3 years shows one crash and
no convictions for moving violations in a CMV.
Theodore W. Cozat
Mr. Cozat, 64, has had a prosthetic right eye since childhood due
to a birth defect. The best corrected visual acuity in his right eye is
no light perception and in the left, 20/20. Following an examination in
2007, his optometrist noted, ``In my medical opinion, he has the vision
to operate a commercial vehicle safely, as he has done so for the
[[Page 67342]]
past 33 years with a reportedly clean driving record. Mr. Cozat
reported that he has driven tractor-trailer combinations for 17 years,
accumulating 884,000 miles. He holds a Class A CDL from Michigan. His
driving record for the last 3 years shows one crash and no convictions
for moving violations in a CMV.
Zibbie L. Dawsey
Mr. Dawsey, 72, has a prosthetic right eye as a result of retinal
detachment sustained in 1994. The best corrected visual acuity in his
left eye is 20/25. Following an examination in 2007, his
ophthalmologist noted, ``This gentleman has for a number of years
demonstrated that he can operate a commercial vehicle despite the fact
he has lost his right eye. I would recommend that his waiver be granted
for continued commercial operation.'' Mr. Dawsey reported that he has
driven straight trucks for 12 years, accumulating 300,000 miles, and
tractor-trailer combinations for 18 years, accumulating 450,000 miles.
He holds a Class A CDL from Alabama. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Alex G. Dlugolenski
Mr. Dlugolenski, 57, has had amblyopia in his right eye since
childhood. The best corrected 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. Dlugolenski is well adapted to his vision
and in my medical opinion capable of operating a commercial vehicle in
interstate commerce.'' Mr. Dlugolenski reported that he has driven
straight trucks for 30 years, accumulating 300,000 miles. He holds a
Class D operator's license from Connecticut. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Karen Y. Duvall
Ms. Duvall, 48, has had amblyopia in her left eye since birth. The
best corrected visual acuity in her right eye is 20/20 and in the left,
20/200. Following an examination in 2007, her ophthalmologist noted,
``In my opinion, Karen Duvall has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Ms. Duvall
reported that she has driven tractor-trailer combinations for 24 years,
accumulating 3 million miles. She holds a Class A CDL from Georgia. Her
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Gordon R. Fritz
Mr. Fritz, 45, 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,
``Mr. Fritz has sufficient vision to perform the driving tasks required
to operate a commercial vehicle.'' Mr. Fritz reported that he has
driven straight trucks for 1 year, accumulating 500 miles, and tractor-
trailer combinations for 8 years, accumulating 480,000 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 CMV.
John A. Graham
Mr. Graham, 57, has had corneal laceration and cataract in his
right eye due to a traumatic injury sustained as a child. The best
corrected visual acuity in his right eye is light perception and in the
left, 20/20. Following an examination in 2007, his ophthalmologist
noted, ``I see not contraindication to operate a commercial vehicle
with the knowledge that he is monocular and should be wearing safety
glasses at all times.'' Mr. Graham reported that he has driven straight
trucks for 34 years, accumulating 11.2 million 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.
Jimmy D. Gregory
Mr. Gregory, 67, has complete loss of vision in his right eye due
to a detached retina and optic nerve atrophy as a result of 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 optometrist
noted, ``I think Mr. Gregory has sufficient vision for driving a
commercial vehicle.'' Mr. Gregory reported that he has driven straight
trucks for 10 years, accumulating 100,000 miles, and tractor-trailer
combinations for 3 years, accumulating 75,000 miles. He holds a Class A
CDL from Arkansas. 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 15 mph.
Taras G. Hamilton
Mr. Hamilton, 41, has had 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, ``It is my opinion that Taras should be exempt from vision
standards for his left eye, since his right eye is within normal limits
(no restrictions).'' Mr. Hamilton reported that he has driven straight
trucks for 7 years, accumulating 299,999 miles, tractor-trailer
combinations for 10 years, accumulating 700,000 miles, and buses for 1
year, accumulating 30,000 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.
Larry K. Lentz
Mr. Lentz, 51, 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 2007, his ophthalmologist
noted, ``In my medial opinion, Mr. Lentz has sufficient vision or
visual field to operate a commercial vehicle.'' Mr. Lentz reported that
he has driven straight trucks for 2 years, accumulating 90,000 miles,
and tractor-trailer combinations for 20 years, accumulating 1.5 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.
Boleslaw Makowski
Mr. Makowski, 58, has age related macular degeneration in his left
eye since 1994. The best corrected visual acuity in his right eye is
20/25 and in the left, 20/200. Following an examination in 2007, his
optometrist noted, ``With proper rear view mirrors and appropriate
caution considering his limitations in his left eye, I feel Mr.
Makowski can still operate a commercial vehicle.'' Mr. Makowski
reported that he has driven straight trucks for 1 year, accumulating
3,000 miles, and tractor-trailer combinations for 24 years,
accumulating 1.9 million miles. He holds a Class A CDL from Wisconsin.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Joseph W. Meacham
Mr. Meacham, 45, has loss of vision in his right eye due to 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 opinion that
Joseph has sufficient vision to perform as a commercial operator of
vehicles.'' Mr.
[[Page 67343]]
Meacham reported that he has driven straight trucks for 2 years,
accumulating 500,000 miles, and tractor-trailer combinations for 13
years, accumulating 4.7 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.
Charles M. Moore
Mr. Moore, 52, has mild edema and a cataract removal from his left
eye. The visual acuity in his right eye is 20/25 and in the left, 20/
50. Following an examination in 2007, his ophthalmologist noted, ``In
my medical opinion, he has sufficient vision to perform all the driving
tasks required to operate a commercial vehicle, and is able to
distinguish red, green, and amber traffic signals.'' Mr. Moore reported
that he has driven straight trucks for 20 years, accumulating 100,000
miles, and tractor-trailer combinations for 10 years, accumulating
150,000 miles. He holds a Class A CDL from Texas. 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 13 mph.
Anthony D. Ovitt
Mr. Ovitt, 44, has had a retinal scar in his left eye since birth.
The best corrected visual acuity in his right eye is 20/20 and in the
left, 20/80. Following an examination in 2007, his optometrist noted,
``With the excellent acuity of the right eye and the normal fields of
both eyes, I certify that Mr. Ovitt's vision is sufficient to operate a
commercial vehicle safely.'' Mr. Ovitt reported that he has driven
straight trucks for 2 years, accumulating 40,000 miles, and tractor-
trailer combinations for 9 years, accumulating 900,000 miles. He holds
a Class A CDL from Vermont. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
John R. Parsons, III
Mr. Parsons, 47, has had amblyopia in his right eye since birth.
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 condition is stable and in my opinion based on the physical
examination of Mr. Parsons through all the perimeters of standard
vision, Mr. Parson demonstrates the ability required to perform duties
driving a commercial vehicle as long as he wears corrective lenses,
either in the form of eye glasses or contact lenses.'' Mr. Parsons
reported that he has driven tractor-trailer combinations for 8 years,
accumulating 1 million 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.
Steven S. Reinsvold
Mr. Reinsvold, 45, 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,
``He shows normal color vision capability and, in my opinion, has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Reinsvold reported that he has driven
straight trucks for 25 years, accumulating 750,000 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 CMV.
Michael J. Richard
Mr. Richard, 48, has had constant alternating exotropia since
birth. The best corrected visual acuity in his right eye is 20/20 and
in the left, 20/20. Due to his condition, Mr. Richard lacks binocular
vision. Following an examination in 2007, his optometrist noted, ``In
my opinion, Mr. Richard has vision adequate to drive a commercial
vehicle, especially in light of his long work history doing this very
job with an apparently successful track record.'' Mr. Richard reported
that he has driven straight trucks for 17 years, accumulating 544,986
miles, and tractor-trailer combinations for 15 years, accumulating 1.3
million miles. He holds a Class A CDL from Lousiana. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Glenn T. Riley
Mr. Riley, 48, 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, 20/100. Following an examination in 2007, his ophthalmologist
noted, ``There is no ocular contraindication for operating a commercial
vehicle.'' Mr. Riley reported that he has driven straight trucks for 15
years, accumulating 1.3 million miles, and tractor-trailer combinations
for 15 years, accumulating 1.1 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.
George E. Todd
Mr. Todd, 59, 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 20/25. Following an examination in 2007, his
ophthalmologist noted, ``In opinion, this gentleman has sufficient
vision to perform driving tasks that are required to operate a
commercial vehicle.'' Mr. Todd reported that he has driven straight
trucks for 12 years, accumulating 600,000 miles, and tractor-trailer
combinations for 12 years, accumulating 1 million miles. He holds a
Class A CDL from West Virginia. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Gary S. Warren
Mr. Warren, 43, 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 2007, his ophthalmologist
noted, ``In my medical opinion, he does have sufficient vision to
operate a commercial vehicle out of his left eye.'' Mr. Warren reported
that he has driven straight trucks for 22 years, accumulating 440,000
miles, and tractor-trailer combinations for 4 years, accumulating 120
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.
Bradley A. Weiser
Mr. Weiser, 41, 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,
``In my medical opinion, this patient has sufficient vision, to perform
the driving tasks required to operate a commercial vehicle out of his
left eye.'' Mr. Weiser reported that he has driven tractor-trailer
combinations for 14 years, accumulating 1.1 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 12 mph.
Eddie L. Williams
Mr. Williams, 42, has had reduced vision in his right eye since
childhood. The best corrected visual acuity in his right eye is hand-
motion vision and in the left, 20/15. Following an examination in 2007,
his ophthalmologist noted, ``the patient has sufficient vision to
perform the driving tasks required to operate a commercial
[[Page 67344]]
vehicle.'' Mr. Williams reported that he has driven tractor-trailer
combinations for 4 years, accumulating 120,000 miles. He holds a Class
A CDL from Nevada. His driving record for the last 3 years shows one
crash 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 December 28, 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: November 19, 2007.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E7-23106 Filed 11-27-07; 8:45 am]
BILLING CODE 4910-EX-P