[Federal Register: June 17, 2004 (Volume 69, Number 116)]
[Notices]
[Page 33997-34000]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17jn04-111]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2004-17984]
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.
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SUMMARY: This notice publishes the FMCSA's receipt of applications from
30 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 July 19, 2004.
ADDRESSES: You may submit comments identified by any of the following
methods. Please identify your comments by the DOT DMS Docket Number
FMCSA-2004-17984.
Web Site: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=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 am
and 5 pm, Monday through Friday, except Federal Holidays.
Federal eRulemaking Portal: Go to http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&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://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&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://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&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 am and 5 pm, Monday through Friday, except
Federal Holidays.
FOR FURTHER INFORMATION CONTACT: Ms. Teresa Doggett, Office of Bus and
Truck Standards and Operations, (202) 366-2990, FMCSA, Department of
Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001.
Office hours are from 7:45 a.m. to 4:15 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://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=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 30 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. Robert L. Aurandt
Mr. Aurandt, 51, has amblyopia in his right eye. His visual acuity
in the right eye is 20/100 and in the left, 20/20. Following an
examination in 2004, his ophthalmologist certified, ``As far as I can
see, there is no evidence on his examination or driving record to
suggest that he should not be able to continue commercial driving.''
Mr. Aurandt reported that he has driven straight trucks for 5 years,
accumulating 73,500 miles, and tractor-trailer combinations for 8
years, accumulating 1.1 million miles. He holds a Class AM CDL from
Pennsylvania. 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 16 mph in one instance and 10 mph in the other.
[[Page 33998]]
2. Harry R. Brewer
Mr. Brewer, 40, has a macular scar in his left eye due to trauma 20
years ago. 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, ``Although Mr. Brewer has a central defect in
his left eye, it is important to bear in mind that he has overlapping
visual fields from his right eye. His vision is limited in the left
eye, but I do not feel that it will affect his ability to drive a
commercial vehicle.'' Mr. Brewer reported that he has driven tractor-
trailer combinations for 8 years, accumulating 640,000 miles. He holds
a Class A CDL from Tennessee. His driving record for the last 3 years
shows no crashes or convictions for moving violations in a CMV.
3. Wilford F. Christian
Mr. Christian, 65, has had macular degeneration in his left eye
since 1996. His best-corrected visual acuity in the right eye is 20/20
and in the left, 20/400. Following an examination in 2004, his
ophthalmologist certified, ``Because of the stability of Mr.
Christian's condition, the absence of ocular pathology in the right
eye, full visual fields in each eye, and normal functioning central
vision with both eyes when binocular in the distance, I do not see
anything that should limit his ability to operate a commercial
vehicle.'' Mr. Christian reported that he has driven tractor-trailer
combinations for 14 years, accumulating 1.4 million miles. He holds a
driver's license from Virginia, but at the time of his application he
held a Class A CDL, now expired. 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.
4. Timothy A. DeFrange
Mr. DeFrange, 35, has had reduced vision in his right eye since age
12 due to trauma. His visual acuity in the right eye is 20/1600 and in
the left, 20/20. Following an examination in 2004, his optometrist
certified, ``It is my professional opinion that Mr. DeFrange has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. DeFrange submitted that he has driven
straight trucks and tractor-trailer combinations for 6 years,
accumulating 6,000 miles in the former and 600,000 miles in the latter.
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.
5. Terry G. Dickson, Sr.
Mr. Dickson, 53, has amblyopia in his right eye. The best-corrected
visual acuity in his right eye is 20/1000 and in the left, 20/20.
Following an examination in 2003, his optometrist stated, ``I certify
in my medical opinion that Mr. Dickson has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr.
Dickson reported that he has driven tractor-trailer combinations for 32
years, accumulating 3.3 million miles. He holds a Class A CDL from
Ohio. His driving record shows no crashes and one conviction for a
moving violation--speeding--in a CMV. He exceeded the speed limit by 10
mph.
6. Clarence N. Florey, Jr.
Mr. Florey, 42, has amblyopia in his left eye. The visual acuity in
his right eye is 20/20 and in the left, 20/200. Following an
examination in 2004, his ophthalmologist certified, ``In my medical
opinion, Mr. Florey has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Florey submitted that
he has driven straight trucks for 16 years, accumulating 100,000 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.
7. Bobby C. Floyd
Mr. Floyd, 45, has amblyopia in his right eye. The best-corrected
visual acuity in his right eye is 20/200 and in the left, 20/20.
Following an examination in 2003, his optometrist stated, ``It is my
medical opinion that Mr. Floyd has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Floyd
reported that he has driven tractor-trailer combinations for 23 years,
accumulating 2.8 million miles. He holds a Class A CDL from Tennessee.
His driving record shows no crashes or convictions for moving
violations in a CMV during the last 3 years.
8. Steve H. Garrison
Mr. Garrison, 40, lost his left eye 16 years ago due to trauma. His
visual acuity in the right eye is 20/10. Following an examination in
2003, his ophthalmologist certified, ``He has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Garrison reported that he has driven tractor-trailer combinations
for 20 years, accumulating 260,000 miles. He holds a Class A CDL from
Illinois. His driving record for the last 3 years shows no crashes or
convictions for moving violations in a CMV.
9. Ronald A. Gentry
Mr. Gentry, 44, lost his right eye due to trauma at age 14. The
visual acuity in his left eye is 20/20. Following an examination in
2004, his optometrist stated, ``I am hereby certifying that Ronald has
sufficient vision to continue driving a commercial vehicle both in
state and out of state.'' Mr. Gentry submitted that he has driven
tractor-trailer combinations for 5 years, accumulating 230,000 miles.
He holds a Class A CDL from Montana. His driving record for the last 3
years shows no crashes or convictions for moving violations in a CMV.
10. Scott D. Goalder
Mr. Goalder, 43, lost his right eye due to trauma in 1978. The
visual acuity in his left eye is 20/20. Following an examination in
2003, his optometrist certified, ``It is my medical opinion that he has
the necessary vision that is compatible with being licensed to drive a
commercial vehicle.'' Mr. Goalder submitted that he has driven straight
trucks for 4 years, accumulating 220,000 miles, and tractor-trailer
combinations for 20 years, accumulating 2.8 million miles. He holds a
Class A CDL from Missouri. His driving record for the last 3 years
shows no crashes and one conviction for a moving violation--``traffic
turn/signal violation''--in a CMV.
11. Raymond P. Gonzales
Mr. Gonzales, 45, has retinal scarring in his right eye due to
trauma in 1976. The best-corrected visual acuity in his right eye is
20/200 and in the left, 20/20. His optometrist examined him in 2004 and
stated, ``In my opinion, Mr. Gonzales has sufficient vision to safely
operate a commercial vehicle.'' Mr. Gonzales reported that he has
driven buses for 25 years, accumulating 625,000 miles. He holds a Class
B CDL from New Mexico. His driving record for the last 3 years shows no
crashes or convictions for moving violations in a CMV.
12. David M. Hagadorn
Mr. Hagadorn, 37, has amblyopia in his left eye. The visual acuity
in his right eye is 20/20 and in the left, 20/100. His optometrist
examined him in 2003 and stated, ``It is my professional opinion that
Mr. Hagadorn has sufficient vision and peripheral vision to operate a
commercial vehicle.'' Mr. Hagadorn reported that he has driven straight
trucks for 7 years, accumulating 210,000 miles. He holds a Class D
driver's license from New Jersey. His driving record for the last 3
years shows
[[Page 33999]]
no crashes or convictions for moving violations in a CMV.
13. Donald R. Hiltz
Mr. Hiltz, 62, has amblyopia in his left eye. His best-corrected
visual acuity in the right eye is 20/25 and in the left, 20/50.
Following an examination in 2003, his ophthalmologist certified, ``In
my medical opinion, Mr. Hiltz has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Hiltz
reported that he has driven straight trucks for 43 years, accumulating
860,000 miles, and tractor-trailer combinations for 31 years,
accumulating 310,000 miles. He holds a Class AM CDL from Massachusetts.
His driving record for the last 3 years shows no crashes or convictions
for moving violations in a CMV.
14. James L. Hooks
Mr. Hooks, 43, has amblyopia in his left eye. His best-corrected
visual acuity in the right eye is 20/15 and in the left, 20/70.
Following an examination in 2003, his optometrist certified, ``I feel
he has sufficient visual performance to operate a commercial vehicle.''
Mr. Hooks reported that he has driven straight trucks for 5 years,
accumulating 225,000 miles. He holds a Class R driver's license from
Colorado. His driving record for the last 3 years shows no crashes or
convictions for moving violations in a CMV.
15. Francisco J. Jimenez
Mr. Jimenez, 45, has amblyopia in his right eye. His best-corrected
visual acuity in the right eye is counting fingers and in the left, 20/
20. Following an examination in 2004, his optometrist certified, ``I
see no reason for restricting Mr. Jimenez's commercial license except
that he should wear glasses when he is driving.'' Mr. Jimenez reported
that he has driven straight trucks for 6 years, accumulating 198,000
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.
16. Kelly R. Konesky
Mr. Konesky, 46, 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 2003, his ophthalmologist certified, ``His
driving abilities continue to demonstrate an excellent safety record,
with no medical reason to restrict his driving a commercial vehicle.''
Mr. Konesky reported that he has driven tractor-trailer combinations
for 23 years, accumulating 2.3 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.
17. Gregory T. Lingard
Mr. Lingard, 56, has had keratoconus in his right eye since he was
a teenager. The visual acuity in his right eye is 20/100 and in the
left, 20/20. His ophthalmologist examined him in 2004 and stated, ``In
my medical opinion, Mr. Lingard has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Lingard
reported that he has driven straight trucks for 4 years, accumulating
120,000 miles, and tractor-trailer combinations for 35 years,
accumulating 3.5 million miles. He holds a Class A CDL from Montana.
His driving record for the last 3 years shows no crashes or convictions
for moving violations in a CMV.
18. Hollis J. Martin
Mr. Martin, 43, has amblyopia in his right eye due to a childhood
injury. The visual acuity in his right eye is 20/400 and in the left,
20/20. His optometrist examined him in 2003 and certified, ``In my
medical opinion, Mr. Martin has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Martin
submitted that he has driven straight trucks for 11 years, accumulating
200,000 miles, and tractor-trailer combinations for 6 years,
accumulating 73,000 miles. He holds a Class A CDL from Alabama. His
driving record for the last 3 years shows no crashes or convictions for
moving violations in a CMV.
19. Truman J. Mathis
Mr. Mathis, 64, 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 2003 and certified, ``Mr. Mathis has
adequate visual skills for commercial vehicle driving.'' Mr. Mathis
reported that he has driven tractor-trailer combinations for 17 years,
accumulating 1.9 million miles. He holds a Class A CDL from the State
of Washington. His driving record shows no crashes or convictions for
moving violations in a CMV during the last 3 years.
20. Robert E. Moore
Mr. Moore, 45, lost vision in his right eye as a child due to
congenital glaucoma. His visual acuity in the left eye is 20/20.
Following an examination in 2003, his optometrist certified, ``In my
medical opinion Mr. Moore has sufficient vision to perform driving
tasks required to operate a commercial vehicle.'' Mr. Moore reported
that he has driven straight trucks for 15 years, accumulating 150,000
miles. He holds a Class BM CDL from Alabama. His driving record for the
last 3 years shows no crashes or convictions for moving violations in a
CMV.
21. Kevin C. Palmer
Mr. Palmer, 43, has amblyopia in his left eye. His best-corrected
visual acuity in the right eye is 20/15 and in the left, 20/80.
Following an examination in 2004, his ophthalmologist certified, ``In
my opinion, Mr. Palmer's condition is stable and he has sufficient
visual acuity and visual field to perform the driving tasks required of
him to operate a commercial vehicle.'' Mr. Palmer reported that he has
driven tractor-trailer combinations for 16 years, accumulating 400,000
miles. He holds a Class A CDL from Oregon. His driving record for the
last 3 years shows no crashes or convictions for moving violations in a
CMV.
22. Charles O. Rhodes
Mr. Rhodes, 35, has glaucoma in his left eye, secondary to trauma
at age 10. The visual acuity in his right eye is 20/20 and in the left,
light perception. Following an examination in 2003, his ophthalmologist
stated, ``This certifies that in my medical opinion, Mr. Charles O.
Rhodes has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Rhodes reported that he has driven
straight trucks for 3 years, accumulating 60,000 miles. He holds a
Class D driver's license from Florida. 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 25 mph.
23. Einar H. Rice
Mr. Rice, 47, has amblyopia in his right eye. The best-corrected
visual acuity in his right eye is 20/60 and in the left, 20/20. His
optometrist examined him in 2003 and stated, ``In my medical opinion,
Mr. Rice has sufficient vision to perform the necessary tasks to
operate a commercial vehicle.'' Mr. Rice submitted that he has driven
straight trucks for 6 years, accumulating 120,000 miles, and buses for
17 years, accumulating 425,000 miles. He holds a Class BM CDL from
Nevada. His driving record for the last 3 years shows no crashes or
convictions for moving violations in a CMV.
24. Gordon G. Roth
Mr. Roth, 47, has amblyopia in his left eye. The best-corrected
visual acuity in his right eye is 20/20 and in the left, 20/60. His
ophthalmologist examined him in 2003 and stated, ``It is my opinion
[[Page 34000]]
that the patient has sufficient vision to perform driving tasks
required to operate a commercial vehicle.'' Mr. Roth submitted that he
has driven straight trucks for 20 years; accumulating 200,000 miles,
tractor-trailer combinations for 4 years, accumulating 100,000 miles,
and buses for 6 years, accumulating 48,000 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.
25. Manuel Sanchez
Mr. Sanchez, 44, has finger counting vision in his left eye due to
an injury at the age of 8. The best-corrected visual acuity in his
right eye is 20/20. Following an examination in 2004, his optometrist
certified, ``In my medical opinion, Mr. Sanchez has sufficient vision
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Sanchez reported that he has driven straight trucks and
tractor-trailer combinations for 5 years, accumulating 685,000 miles in
each. 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.
26. Chris H. Schultz
Mr. Schultz, 45, has had a cataract in his right eye for 41 years.
His best-corrected visual acuity in the right eye is 20/400 and in the
left, 20/20. Following an examination in 2004, his optometrist
certified, ``In my professional opinion, I feel that Chris has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Schultz reported that he has driven vehicles
requiring placarding for hazardous materials for 4 years, accumulating
168,000 miles. He holds a Class C CDL from Utah. His driving record for
the last 3 years shows no crashes or convictions for moving violations
in a CMV.
27. Halman Smith
Mr. Smith, 46, lost the vision in his left eye due to trauma 10
years ago. The visual acuity in his right eye is 20/20. His
ophthalmologist examined him in 2004 and stated, ``I certify that Mr.
Halman Smith has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Smith reported that he
has driven straight trucks for 15 years, accumulating 375,000 miles. He
holds a Class B CDL from Delaware. His driving record for the last 3
years shows no crashes or convictions for moving violations in a CMV.
28. Norman K. Stepleton
Mr. Stepleton, 71, has amblyopia in his right eye. His visual
acuity in the right eye is 20/400 and in the left, 20/20. Following an
examination in 2003, his ophthalmologist certified, ``My opinion is
that you are visually capable of safely operating a commercial
vehicle.'' Mr. Stepleton reported that he has driven straight trucks
for 52 years, accumulating 1.5 million 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.
29. LaLanne Taylor
Mr. Taylor, 55, has amblyopia in his left eye. His best-corrected
visual acuity in the right eye is 20/25 and in the left, 20/100.
Following an examination in 2003, his optometrist certified, ``I do
believe he has necessary vision to operate a commercial vehicle as he
has done for many years.'' Mr. Taylor reported that he has driven
straight trucks for 8 years, accumulating 440,000 miles. He holds a
Class D driver's license 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, another driver sideswiped Mr.
Taylor's vehicle while changing lanes. The other driver was cited for
``change course.'' Mr. Taylor was not cited.
30. James A. Walker
Mr. Walker, 47, has amblyopia in his right eye. His best-corrected
visual acuity in the right eye is 20/300 and in the left, 20/20.
Following an examination in 2004, his optometrist noted that Mr. Walker
has ``sufficient vision to perform commercial vehicle driving tasks.''
Mr. Walker reported that he has driven straight trucks for 25 years,
accumulating 125,000 miles, and tractor-trailer combinations for 7
years, accumulating 910,000 miles. He holds a Class A CDL from
Missouri. 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: June 7, 2004.
Rose A. McMurray,
Associate Administrator, Policy and Program Development.
[FR Doc. 04-13719 Filed 6-16-04; 8:45 am]