[Federal Register: September 5, 2003 (Volume 68, Number 172)]
[Notices]
[Page 52811-52814]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05se03-98]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2003-15892]
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 October 6, 2003.
ADDRESSES: You may submit comments identified by DOT DMS Docket Number
FMCSA-2003-15268 by any of the following methods:
[sbull] Web Site: http://dms.dot.gov. Follow the instructions for
submitting comments on the DOT electronic docket site.
[sbull] Fax: 1-202-493-2251.
[sbull] Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-0001.
[sbull] 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.
[sbull] Federal eRulemaking Portal: Go 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://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://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 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
FOR FURTHER INFORMATION CONTACT: Ms. Sandra Zywokarte, Office of Bus
and Truck Standards and Operations, (202) 366-2987, 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://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.
Qualifications of Applicants
1. Lauren C. Allen
Mr. Allen, age 58, has amblyopia in his right eye. His visual
acuity in the right eye is 20/150 and in the left, 20/
[[Page 52812]]
30. Following an examination in 2003, his optometrist certified, ``In
my professional opinion, this patient has sufficient vision to perform
the driving tasks required to operate a commercial vehicle under any
conditions.'' Mr. Allen reported that he has driven tractor-trailer
combinations for 32 years, accumulating 1.6 million miles. He holds a
Class A commercial driver's license (CDL) from New York. His driving
record for the last 3 years shows no accidents or convictions for
moving violations in a CMV.
2. Tracey A. Ammons
Mr. Ammons, 46, has amblyopia in his left eye. His best-corrected
visual acuity in the right eye is 20/20 and in the left, 20/100.
Following an examination in 2003, his optometrist certified, ``His
vision is sufficient to operate a commercial vehicle.'' Mr. Ammons
reported that he has driven tractor-trailer combinations for 13 years,
accumulating 955,000 miles. He holds a Class A CDL from North Carolina.
His driving record for the last 3 years shows one accident and no
convictions for moving violations in a CMV. According to the police
report, another driver slid through a stop sign due to icy road
conditions and struck Mr. Ammons' vehicle. Neither driver was cited.
3. Randy B. Combs
Mr. Combs, 58, has amblyopia in his left eye. His best-corrected
visual acuity in the right eye is 20/15 and in the left, 20/100. His
optometrist examined him in 2003 and stated, ``In my opinion, Mr. Combs
has more than adequate vision for safely operating a commercial
vehicle.'' Mr. Combs submitted that he has driven tractor-trailer
combinations for 19 years, accumulating 1.4 million miles. He holds a
Class DA CDL from Kentucky. His driving record for the last 3 years
shows no accidents or convictions for moving violations in a CMV.
4. William J. Corder
Mr. Corder, 38, has amblyopia in his right eye. His best-corrected
visual acuity in the right eye is 20/400 and in the left, 20/20.
Following an examination in 2002, his ophthalmologist certified,
``Visual fields overall and vision in the left eye in my opinion are
sufficient to operate a commercial vehicle.'' Mr. Corder reported that
he has driven straight trucks for 4 years, accumulating 320,000 miles,
and tractor-trailer combinations for 10 years, accumulating 1.0 million
miles. He holds a Class A CDL from North Carolina. His driving record
for the last 3 years shows one accident and no convictions for moving
violations in a CMV. According to the police report, the accident
occurred when Mr. Corder's vehicle struck a deer. He was not cited.
5. Robert L. Cross, Jr.
Mr. Cross, 41, 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 2003, his optometrist certified, ``In my
opinion, he should have no problems operating a commercial vehicle
taking into consideration his current visual condition.'' Mr. Cross
reported that he has driven straight trucks for 15 years, accumulating
67,000 miles. He holds a Class F driver's license from Missouri. His
driving record shows no accidents or convictions for moving violations
in a CMV during the last 3 years.
6. William P. Davis
Mr. Davis, 56, has a retinal scar in his left eye due to a
childhood infection. His best-corrected visual acuity in the right eye
is 20/20, and in the left, hand motions. His optometrist examined him
in 2002 and stated, ``Paul's vision is more than adequate for any
driving challenge that he may have, private or commercial.'' Mr. Davis
submitted that he has driven straight trucks for 38 years, accumulating
2.8 million miles. He holds a Class A CDL from Georgia. His driving
record for the last 3 years shows no accidents and one conviction for a
moving violation--speeding--in a CMV. He exceeded the speed limit by 9
mph.
7. Dennie R. Ferguson
Mr. Ferguson, 48, lost his right eye due to an injury at age 13.
His best-corrected visual acuity in the left eye is 20/20. Following an
examination in 2003, his optometrist certified, ``I feel that Mr.
Ferguson's vision is sufficient to perform the driving tasks required
to operate a commercial vehicle.'' Mr. Ferguson reported that he has
driven tractor-trailer combinations for 17 years, accumulating 1.5
million miles. He holds a Class A CDL from Arkansas. His driving record
for the last 3 years shows no accidents or convictions for moving
violations in a CMV.
8. Edward J. Genovese
Mr. Genovese, 38, has amblyopia in his right eye. His best-
corrected visual acuity in the right eye is 20/60 and in the left, 20/
20. Following an examination in 2003, his optometrist certified, ``I
believe that with his prior driving experience and his current visual
acuity, he is capable of performing duties required to operate a
commercial vehicle.'' Mr. Genovese reported that he has driven straight
trucks for 19 years, accumulating 665,000 miles, and tractor-trailer
combinations for 16 years, accumulating 560,000 miles. He holds a Class
A CDL from Illinois. His driving record for the last 3 years shows no
accidents and one conviction for a moving violation--``disregarding an
official traffic device''--in a CMV.
9. Dewayne E. Harms
Mr. Harms, 62, lost his left eye due to an injury at age 3. His
best-corrected visual acuity in the right eye is 20/20. Following an
examination in 2002, his ophthalmologist certified, ``Finally it is my
medical opinion that Mr. Harms has sufficient vision to perform driving
tasks required to operate a commercial vehicle.'' Mr. Harms reported
that he has driven tractor-trailer combinations for 28 years,
accumulating 280,000 miles. He holds a Class A CDL from Illinois. His
driving record for the last 3 years shows no accidents or convictions
for moving violations in a CMV.
10. Mark D. Kraft
Mr. Kraft, 49, sustained an injury to his right eye at age 13. His
best-corrected visual acuity in the right eye is light perception and
in the left, 20/20. Following an examination in 2003, his optometrist
certified, ``Considering the longstanding duration and stability of
vision loss of the left eye associated with Mr. Mark Kraft and his
unremarkable driving record, I feel Mr. Kraft has sufficient vision to
perform the driving tasks required to operate commercial vehicles.''
Mr. Kraft reported that he has driven straight trucks for 27 years,
accumulating 885,000 miles. He holds a Class B CDL from Illinois. His
driving record for the last 3 years shows no accidents or convictions
for moving violations in a CMV.
11. David F. LeClerc
Mr. LeClerc, 44, lost his right eye due to a childhood injury. The
visual acuity in his left eye is 20/20. Following an examination in
2003 his optometrist stated, ``It is my medical opinion that Mr.
LeClerc has no visual limitations that would inhibit his ability to
operate a commercial vehicle.'' Mr. LeClerc submitted that he has
driven tractor-trailer combinations for 25 years, accumulating 3.1
million miles. He holds a Class A CDL from Minnesota. His driving
record for the last 3 years shows no accidents and one conviction for a
moving violation--speeding--in a
[[Page 52813]]
CMV. He exceeded the speed limit by 11 mph.
12. Roger J. Mason
Mr. Mason, 60, has had a torn iris in his right eye for 54 years.
His best-corrected visual acuity in the right eye is 20/80 and in the
left, 20/20. His optometrist examined him in 2003 and stated, ``In my
optometric opinion, Mr. Roger J. Mason has sufficient vision to perform
driving tasks required to operate a commercial vehicle.'' Mr. Mason
reported that he has driven straight trucks for 3 years, accumulating
210,000 miles, and tractor-trailer combinations for 37 years,
accumulating 3.1 million miles. He holds a Class A CDL from Maryland.
His driving record for the last 3 years shows no accidents or
convictions for moving violations in a CMV.
13. David L. Menken
Mr. Menken, 47, lost his right eye in 1999 due to an injury. His
visual acuity in the left eye is 20/20. Following an examination in
2003, his ophthalmologist certified, ``In my opinion, he is medically
and visually stable to perform the driving tasks necessary to operate a
commercial vehicle.'' Mr. Menken reported that he has driven tractor-
trailer combinations for 20 years, accumulating 2.4 million miles. He
holds a class AM CDL from New York. His driving record for the last 3
years shows no accidents and two convictions for moving violations--
``disregarding a traffic control device'' and ``obstructing an
intersection''--in a CMV.
14. Richard L. Messinger
Mr. Messinger, 74, has amblyopia in his right eye. His best-
corrected visual acuity in the right eye is 20/200 and in the left, 20/
25. Following an examination in 2003, his ophthalmologist certified,
``I feel he has sufficient vision to perform driving tasks required to
operate a commercial vehicle.'' Mr. Messinger reported that he has
driven straight trucks for 35 years, accumulating 2.9 million miles. He
holds a Class CM driver's license from Pennsylvania. His driving record
shows no accidents or convictions for moving violations in a CMV during
the last 3 years.
15. James M. Nelson
Mr. Nelson, 58, lost his right eye due to trauma 30 years ago. His
best-corrected visual acuity in the left eye is 20/25. Following an
examination in 2003, his optometrist certified, ``He has had an
artificial eye for 30 years, and in my medical opinion he has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle since he has done such for several years.'' Mr.
Nelson reported that he has driven straight trucks for 3 years,
accumulating 120,000 miles, and tractor-trailer combinations for 34
years, accumulating 3.8 million miles. He holds a Class A CDL from
Tennessee. His driving record for the last 3 years shows no accidents
or convictions for moving violations in a CMV.
16. Edward J. Perfetto
Mr. Perfetto, 63, has only light perception in the right eye due to
a congenital defect. His best-corrected visual acuity in the left eye
is 20/20. Following an examination in 2003, his ophthalmologist
certified, ``I believe that he has sufficient vision in his eyes to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Perfetto reported that he has driven straight trucks for 30 years,
accumulating 750,000 miles. He holds a Class B CDL from New Jersey. His
driving record for the last 3 years shows no accidents and one
conviction for a moving violation--``truck off truck route''--in a CMV.
17. Keith G. Reichel
Mr. Reichel, 39, has amblyopia in his left eye. His best-corrected
visual acuity in the right eye is 20/20 and in the left, 20/60.
Following an examination in 2003, his optometrist certified, ``In my
opinion Mr. Reichel has adequate vision to operate a commercial
vehicle.'' Mr. Reichel reported that he has driven straight trucks for
17 years, accumulating 340,000 miles. He holds a Class AM CDL from
Georgia. His driving record for the last 3 years shows no accidents or
convictions for moving violations in a CMV.
18. Carson E. Rohrbaugh
Mr. Rohrbaugh, 47, has amblyopia in his left eye. His best-
corrected visual acuity in the right eye is 20/20 and in the left, 20/
60. His optometrist examined him in 2003 and stated, ``With normal
visual fields and 20/20 vision in the right eye, Mr. Rohrbaugh's
slightly decreased acuity would not hinder his ability to safely
operate a commercial vehicle.'' Mr. Rohrbaugh submitted that he has
driven tractor-trailer combinations for 25 years, accumulating 557,000
miles. He holds a Class A CDL from Pennsylvania. His driving record
shows no accidents or convictions for moving violations in a CMV during
the last 3 years.
19. Ronald L. Roy
Mr. Roy, 39, is blind in his left eye due to an injury in 1992. His
visual acuity in the right eye is 20/20. Following an examination in
2003, his ophthalmologist certified, ``In my opinion, he has sufficient
vision to perform the driving tasks needed to safely operate a
commercial vehicle.'' Mr. Roy reported that he has driven straight
trucks and tractor-trailer combinations for 21 years, accumulating
525,000 miles in the former and 735,000 miles in the latter. He holds a
Class AL CDL from Illinois. His driving record for the last 3 years
shows no accidents and one conviction for a moving violation--exceeding
the speed limit by 13 mph--in a CMV.
20. Robert E. Sanders
Mr. Sanders, 55, has amblyopia in his left eye. His best-corrected
visual acuity in the right eye is 20/20 and in the left, 20/400.
Following an examination in 2003, his ophthalmologist stated, ``His
vision is sufficient and stable to perform the driving tasks required
to operate a commercial vehicle.'' Mr. Sanders reported that he has
driven straight trucks for 30 years, accumulating 750,000 miles, and
tractor-trailer combinations for 5 years, accumulating 375,000 miles.
He holds a Class A CDL from Pennsylvania. His driving record for the
last 3 years shows no accidents or convictions for moving violations in
a CMV.
21. Earl W. Sheets
Mr. Sheets, 38, has amblyopia in his right eye. His best-corrected
visual acuity in the right eye is count fingers and in the left, 20/25.
His ophthalmologist examined him in 2003 and stated, ``I certify that
it is my medical opinion that he has sufficient vision to perform his
driving tasks while operating a commercial vehicle.'' Mr. Sheets
submitted that he has driven straight trucks for 2 years, accumulating
120,000 miles, and tractor-trailer combinations for 20 years,
accumulating 2.2 million miles. He holds a Class A CDL from Ohio. His
driving record for the last 3 years shows no accidents or convictions
for moving violations in a CMV.
22. James T. Simmons
Mr. Simmons, 62, has had macular degeneration in his left eye since
1998. His best-corrected visual acuity in the right eye is 20/10 and in
the left, 20/200. His ophthalmologist examined him in 2003 and
certified, ``This patient has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Simmons submitted
that
[[Page 52814]]
he has driven tractor-trailer combinations for 35 years, accumulating
4.2 million miles. He holds a Class A CDL from North Carolina. His
driving record shows no accidents or convictions for moving violations
in a CMV during the last 3 years.
23. Donald J. Snider
Mr. Snider, 54, has amblyopia in his left eye. His best-corrected
visual acuity in the right eye is 20/20 and in the left, 20/200. His
ophthalmologist examined him in 2003 and certified, ``His situation is
stable and I feel he has sufficient vision to continue operating a
commercial vehicle.'' Mr. Snider reported that he has driven straight
trucks for 3 years, accumulating 22,000 miles. He holds a chauffeur's
license from Indiana. His driving record shows no accidents or
convictions for moving violations in a CMV during the last 3 years.
24. Ralphis L. Tisdale
Mr. Tisdale, 61, lost his right eye due to an injury at age 13. The
visual acuity in his left eye is 20/15. Following an examination in
2002 his optometrist stated, ``I believe Mr. Tisdale has sufficient
vision to perform any driving tasks required of him to operate a
commercial vehicle.'' Mr. Tisdale reported that he has driven straight
trucks for 25 years, accumulating 1.3 million miles, and tractor-
trailer combinations for 7 years, accumulating 385,000 miles. He holds
a Class A CDL from Arkansas. His driving record for the last 3 years
shows no accidents or convictions for moving violations in a CMV.
25. Jesse L. Townsend
Mr. Townsend, 60, 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 2002, his ophthalmologist certified, ``In
my opinion this patient has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Townsend reported
that he has driven straight trucks for 42 years, accumulating 2.9
million miles, tractor-trailer combinations for 30 years, accumulating
2.1 million miles, and buses for 5 years, accumulating 50,000 miles. He
holds a Class D chauffeur's license from Louisiana. His driving record
for the last 3 years shows no accidents or convictions for moving
violations in a CMV.
26. Thomas A. Valik, Jr.
Mr. Valik, 38, had a tumor removed from his left eye in 1985. His
visual acuity in the right eye is 20/20 and in the left, no light
perception. Following an examination in 2003, his optometrist
certified, ``There is no visual or ocular reason why he would be unable
to safely operate a commercial vehicle.'' Mr. Valik submitted that he
has driven straight trucks and tractor-trailer combinations for 15
years, accumulating 375,000 miles in each. He holds a Class A CDL from
Michigan. His driving record shows no accidents or convictions for
moving violations in a CMV during the last 3 years.
27. Thomas D. Walden
Mr. Walden, 50, has been blind in his left eye due to corneal
scarring since age 9. His visual acuity in the right eye is 20/15 with
correction. Following an examination in 2003, his ophthalmologist
certified, ``I believe that if Mr. Walden is accustomed to driving a
commercial vehicle that he should meet the criteria for continuing to
drive with his current ocular status.'' Mr. Walden reported that he has
driven straight trucks for 23 years, accumulating 1.1 million miles,
and tractor-trailer combinations for 10 years, accumulating 500,000
miles. He holds a Class A CDL from Georgia. His driving record for the
last 3 years shows no accidents or convictions for moving violations in
a CMV.
28. James A. Welch
Mr. Welch, 41, 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 2002, his optometrist certified, ``Mr. Welch shows a
good driving history for many years and has sufficient vision to
operate a commercial vehicle.'' Mr. Welch reported that he has driven
straight trucks for 21 years, accumulating 1.1 million miles, and
tractor-trailer combinations for 2 years, accumulating 52,000 miles. He
holds a Class A CDL from New Hampshire. His driving record for the last
3 years shows one accident and no convictions for moving violations in
a CMV. According to the police report, Mr. Welch's truck was struck in
the rear while he was waiting to merge into traffic. Mr. Welch was not
cited.
29. John M. Whetham
Mr. Whetham, 58, was born with no vision in his right eye. The
best-corrected visual acuity in his left eye is 20/20. Following an
examination in 2003, his optometrist certified, ``In my opinion, from
my examination and the visual fields, Mr. Whetham has sufficient vision
to perform the driving tasks required for his commercial license.'' Mr.
Whetham reported that he has driven straight trucks and tractor-trailer
combinations for 32 years, accumulating 256,000 miles in the former and
1.2 million miles in the latter. He holds a Class A CDL from Montana.
His driving record for the last 3 years shows no accidents or
convictions for moving violations in a CMV.
30. Michael E. Yount
Mr. Yount, 46, lost his left eye due to an injury at age 17. His
best-corrected visual acuity in the right eye is 20/20. Following an
examination in 2003, his optometrist certified, ``It is my professional
opinion that Mr. Yount is able to visually meet the demands of driving
a commercial vehicle.'' Mr. Yount reported that he has driven straight
trucks for 3 years, accumulating 75,000 miles, and tractor-trailer
combinations for 20 years, accumulating 1.0 million miles. He holds a
Class A CDL from Idaho. His driving record for the last 3 years shows
no 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: August 28, 2003.
Pamela M. Pelcovits,
Acting Associate Administrator, Policy and Program Development.
[FR Doc. 03-22567 Filed 9-4-03; 8:45 am]
