[Federal Register: October 30, 2003 (Volume 68, Number 210)]
[Notices]
[Page 61857-61860]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30oc03-118]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2003-16241]
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
24 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 December 1, 2003.
ADDRESSES: You may submit comments identified by any of the following
[[Page 61858]]
methods. Please identify your comments by the DOT DMS Docket Number
FMCSA-2003-16241.
[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 am and 5
pm, 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 am and 5 pm, 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 24 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. Ronald G. Austin
Mr. Austin, 55, has amblyopia in his right eye. His visual acuity
in the right eye is 20/100 and in the left, 20/20. His ophthalmologist
examined him in 2003 and certified, ``In my medical opinion, Mr. Ronald
Austin has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Austin reported that he has driven
straight trucks and tractor-trailer combinations for 17 years,
accumulating 340,000 miles in the former and 85,000 miles in the
latter. He holds a Class AM CDL from Alabama. His driving record for
the last 3 years shows no accidents or convictions for moving
violations in a CMV.
2. William E. Barrett
Mr. Barrett, 70, has had macular degeneration in his left eye for 5
years. His best-corrected visual acuity in the right eye is 20/25 and
in the left, counting fingers. Following an examination in 2003, his
ophthalmologist stated, ``Mr. Barrett has had a long-standing decrease
in vision in the left eye. His right visual acuity as well as
peripheral visual fields remain excellent. I feel that he can continue
to perform his driving duties as in the past.'' Mr. Barrett reported
that he has driven straight trucks and tractor-trailer combinations for
49 years, accumulating 735,000 miles in the former and 245,000 miles in
the latter. He holds a Class A CDL from Connecticut. His driving record
for the last 3 years shows no accidents or convictions for moving
violations in a CMV.
3. Eric D. Bennett
Mr. Bennett, 40, has a chorioretinal scar in his left eye due to
trauma in 1997. His best-corrected visual acuity in the right eye is
20/20 and in the left, 20/80. His ophthalmologist examined him in 2003
and stated, ``In my medical opinion, Mr. Bennett has sufficient vision
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Bennett submitted that he has driven straight trucks for
4 years, accumulating 200,000 miles, and tractor-trailer combinations
for 10 years, accumulating 900,000 miles. He holds a Class A CDL from
New Hampshire. His driving record for the last 3 years shows no
accidents or convictions for moving violations in a CMV.
4. Zack Bradford, Sr.
Mr. Bradford, 48, is blind in his right eye due to trauma in 1993.
His visual acuity in the left eye is 20/20. His optometrist examined
him in 2002 and stated, ``Mr. Bradford has sufficient vision to drive a
commercial vehicle.'' Mr. Bradford reported that he has driven straight
trucks for 17 years, accumulating 238,000 miles. He holds a Class C
driver's license from Georgia. His driving record for the last 3 years
shows no accidents or convictions for moving violations in a CMV.
5. Rickey C. Dalton
Mr. Dalton, 51, lost his left eye due to an accident that occurred
in 1986. His best-corrected visual acuity in the right eye is 20/20.
Following an examination in 2003, his optometrist certified, ``His
right eye is sufficient to operate and perform driving tasks in a
commercial vehicle.'' Mr. Dalton reported that he has driven tractor-
trailer combinations for 14 years, accumulating 1.8 million miles. He
holds a Class A CDL from Utah. His driving record for the last 3 years
shows no accidents or convictions for moving violations in a CMV.
6. Dustin G. Davis
Mr. Davis, 26, has a macular scar in his right eye due to trauma in
1995. His visual acuity in the right eye is 20/200 and in the left, 20/
15. Following an examination in 2003, his ophthalmologist certified,
``In my opinion, despite Mr. Davis' visual acuity
[[Page 61859]]
in the right eye which is secondary to a macular scar and is a stable
condition which should not progress over time, I feel that he has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Davis reported that he has driven straight
trucks for 6 years, accumulating 180,000 miles, and tractor-trailer
combinations for 4 years, accumulating 200,000 miles. He holds a Class
A CDL from Wyoming. 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 12 mph.
7. John K. DeGolier
Mr. DeGolier, 44, has amblyopia in his right eye. His best-
corrected visual acuity in the right eye is 20/200 and in the left, 20/
20. Following an examination in 2003, his ophthalmologist certified,
``Because of his previous track record of having no problems with
driving commercially and because of his full visual fields and good
clarity of vision to his left eye, I think it would be reasonable for
Mr. DeGolier to operate a commercial vehicle safely.'' Mr. DeGolier
reported that he has driven straight trucks for 15 years, accumulating
150,000 miles, and tractor-trailer combinations for 5 years,
accumulating 75,000 miles. He holds a Class A CDL from North Carolina.
His driving record for the last 3 years shows no accidents or
convictions for moving violations in a CMV.
8. Martiano L. Espinosa
Mr. Espinosa, 46, has amblyopia in his right eye. His best-
corrected visual acuity in the right eye is 20/200 and in the left, 20/
20. Following an examination in 2003, his optometrist certified, ``I
feel that Mr. Espinosa has sufficient vision to perform his commercial
driving tasks because he has good peripheral vision and good overall
acuity in both eyes.'' Mr. Espinosa reported that he has driven
straight trucks for 10 years, accumulating 336,000 miles. He holds a
Class A CDL from Florida. His driving record for the last 3 years shows
no accidents or convictions for moving violations in a CMV.
9. Roy M. Field
Mr. Field, 62, 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 ophthalmologist certified, ``Mr.
Field can safely operate a commercial vehicle with his glasses
correction.'' Mr. Field reported that he has driven straight trucks for
3 years, accumulating 139,000 miles, and tractor-trailer combinations
for 34 years, accumulating 1.4 million miles. He holds a Class DM
driver's license from Alabama. 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. Field was attempting to make a
right turn when another driver passing on the right in a storage lane
struck his vehicle. The other driver was cited for ``unsafe passing on
right.'' Mr. Field was not cited.
10. Derek T. Ford
Mr. Ford, 45, has amblyopia in his left eye. His best-corrected
visual acuity in the right eye is 20/25 and in the left, 20/400.
Following an examination in 2003, his ophthalmologist certified, ``By
my medical testing and in my medical opinion, he has sufficient vision
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Ford reported that he has driven straight trucks for 26
years, accumulating 1.5 million miles, and tractor-trailer combinations
for 1 year, accumulating 45,000 miles. He holds a Class B CDL from
Maryland. His driving record for the last 3 years shows no accidents or
convictions for moving violations in a CMV.
11. James G. LaBair
Mr. LaBair, 56, has counting fingers vision in his right eye due to
an injury in November 1981. His best-corrected visual acuity in the
left eye is 20/25. Following an examination in 2003, his optometrist
certified, ``At this time with Mr. LaBair's current visual status, I
feel that his vision is sufficient to perform the driving tasks
required to operate a commercial vehicle.'' Mr. LaBair reported that he
has driven straight trucks for 1 year, accumulating 35,000 miles, and
tractor-trailer combinations for 19 years, accumulating 1.9 million
miles. He holds a Class A CDL from Michigan. His driving record for the
last 3 years shows no accidents or convictions for moving violations in
a CMV.
12. Dennis A. Leschke
Mr. Leschke, 58, had a traumatic cataract removed from his left eye
in 1956. His best-corrected visual acuity in the right eye is 20/20 and
in the left, 20/50. Following an examination in 2003, his optometrist
certified, ``In my medical opinion, this patient has sufficient vision
to operate a commercial vehicle.'' Mr. Leschke reported that he has
driven straight trucks for 40 years, accumulating 600,000 miles. He
holds a Class D driver's license from Oklahoma. His driving record for
the last 3 years shows no accidents or convictions for moving
violations in a CMV.
13. Lonnie Lomax, Jr.
Mr. Lomax, 31, has had a retinal scar in his right eye for 7 years.
His best-corrected visual acuity in the right eye is 20/200 and in the
left, 20/20. His optometrist examined him in 2003 and certified, ``In
my opinion, Mr. Lomax has sufficient vision to operate a commercial
vehicle.'' Mr. Lomax submitted that he has driven tractor-trailer
combinations for 6 years, accumulating 48,000 miles. He holds a Class A
CDL from Illinois. His driving record shows no accidents or convictions
for moving violations in a CMV during the last 3 years.
14. Ernesto R. Martinez
Mr. Martinez, 41, has a corneal scar secondary to an injury in the
right eye at age 1. His visual acuity in the right eye is 20/80 and in
the left, 20/20. Following an examination in 2003, his optometrist
certified, ``In my medical opinion Mr. Martinez has sufficient vision
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Martinez reported that he has driven straight trucks for
4 years, accumulating 275,000 miles, and tractor-trailer combinations
for 2 years, accumulating 49,000 miles. He holds a Class A CDL from
Texas. His driving record for the last 3 years shows no accidents or
convictions for moving violations in a CMV.
15. Bennet G. Maruska
Mr. Maruska, 50, lost the vision in his right eye due to an injury
at age 15. His best-corrected visual acuity in the left eye is 20/20.
His optometrist examined him in 2003 and certified, ``I believe that in
review of revisions required to operate a commercial vehicle, Bennet's
vision qualifies for sufficient vision to perform the driving tasks
required for commercial driving.'' Mr. Maruska reported that he has
driven tractor-trailer combinations for 16 years, accumulating 360,000
miles. He holds a Class A CDL from Minnesota. His driving record for
the last 3 years shows no accidents or convictions for moving
violations in a CMV.
16. James T. McGinnis
Mr. McGinnis, 40, has amblyopia in his left eye. His visual acuity
in the right eye is 20/20 and in the left, 20/100. Following an
examination in 2003, his optometrist stated, ``In my opinion, Mr.
McGinnis has sufficient vision to perform the driving tasks to operate
a
[[Page 61860]]
commercial vehicle.'' Mr. McGinnis submitted that he has driven
straight trucks for 20 years, accumulating 150,000 miles, and tractor-
trailer combinations for 13 years, accumulating 1.2 million miles. He
holds a Class A CDL from Texas. His driving record shows one accident
and no convictions for moving violations in a CMV during the last 3
years. According to the accident report, Mr. McGinnis was attempting to
make a right turn when another driver also attempted to turn right by
driving on the shoulder. The report indicated that the other driver
contributed to the collision by ``turning improperly--wrong lane.'' Mr.
McGinnis was not cited.
17. Gary L. Miller
Mr. Miller, 61, has amblyopia in his left eye. His best-corrected
visual acuity in the right eye is 20/30 and in the left, 20/60.
Following an examination in 2003 his optometrist stated. ``Mr. Miller's
driving experience and life-long visual adaptation make him quite
capable of driving commercial vehicles safely.'' Mr. Miller submitted
that he has driven straight trucks for 30 years, accumulating 750,000
miles, and tractor-trailer combinations for 12 years, accumulating
840,000 miles. He holds a Class A CDL from Kansas. His driving record
for the last 3 years shows no accidents and one conviction for a moving
violation--``failure to yield right of way to an emergency vehicle''--
in a CMV.
18. Jack D. Miller
Mr. Miller, 46, has had a retinal and iridic coloboma in his left
eye since birth. His best-corrected visual acuity in the right eye is
20/20 and in the left, 20/200. His optometrist examined him in 2003 and
certified, ``With an excellent driving history, stable visual condition
and 20/20 potential, I do believe Jack Miller would be safe to drive a
commercial vehicle.'' Mr. Miller reported that he has driven straight
trucks for 10 years, accumulating 100,000 miles, and tractor-trailer
combinations for 18 years, accumulating 1.6 million miles. He holds a
Class A CDL from Ohio. 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 19 mph.
19. Ezequiel M. Ramirez
Mr. Ramirez, 45, lost his right eye due to trauma 20 years ago. His
visual acuity in the left eye is 20/20. Following an examination in
2003, his optometrist certified, ``In my medical opinion, Ezequiel, has
sufficient vision in his left eye to perform the driving tasks required
to operate a commercial vehicle, and has reported performing these
driving tasks for the past five to ten years.'' Mr. Ramirez reported
that he has driven tractor-trailer combinations for 5 years,
accumulating 816,000 miles. He holds a Class A CDL from Texas. 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 10 mph.
20. Carl W. Skinner, Jr.
Mr. Skinner, 47, has had a macular scar in his left eye since 1997
due to toxoplasmosis. His best-corrected visual acuity in the right eye
is 20/20 and in the left, 20/400. Following an examination in 2003, his
optometrist stated, ``Carl Skinner, in my opinion, has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Skinner submitted that he has driven straight trucks for
15 years, accumulating 375,000 miles, and tractor-trailer combinations
for 2 years, accumulating 30,000 miles. He holds a Class A CDL from
Ohio. His driving record shows no accidents or convictions for moving
violations in a CMV during the last 3 years.
21. Doyce J. Soriez
Mr. Soriez, 70, experienced a retinal artery occlusion in his left
eye in 1999. His best-corrected visual acuity is 20/20 in the right eye
and 20/50 in the left. Following an examination in 2003, his
ophthalmologist stated, ``In my opinion, Mr. Soriez has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Soriez reported that he has driven straight trucks for 1
year, accumulating 20,000 miles, tractor-trailer combinations for 1
year, accumulating 800 miles, and buses for 13 years, accumulating
988,000 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.
22. Peter D. Wehner
Mr. Wehner, 27, has amblyopia in his left eye. His best-corrected
visual acuity in the right eye is 20/15 and in the left, 20/50.
Following an examination in 2003, his optometrist certified, ``I see no
indication from a visual standpoint that he would be unable to properly
handle the visual tasks required in operating a commercial motor
vehicle.'' Mr. Wehner reported that he has driven straight trucks for 4
years, accumulating 160,000 miles. He holds a Class B CDL from
Minnesota. His driving record for the last 3 years shows no accidents
or convictions for moving violations in a CMV.
23. Howard W. Williams
Mr. Williams, 54, has retinal scarring in his right eye due to
trauma at age 2. His best-corrected visual acuity is 20/200 in the
right eye and 20/20 in the left. His optometrist examined him in 2003
and certified, ``In my opinion, Mr. Williams has sufficient vision to
drive a commercial vehicle.'' Mr. Williams reported that he has driven
buses for 21 years, accumulating 874,000 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.
24. Jack E. Wilson
Mr. Wilson, 55, 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, ``It
is my medical opinion that he currently has adequate vision to perform
the visual tasks required pertaining to the operation of a commercial
vehicle.'' Mr. Wilson reported that he has driven straight trucks for
24 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 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: October 24, 2003.
Pamela M. Pelcovits,
Office Director, Policy, Plans, and Regulations.
[FR Doc. 03-27384 Filed 10-29-03; 8:45 am]
