[Federal Register: May 23, 2000 (Volume 65, Number 100)]
[Notices]
[Page 33406-33414]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23my00-121]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2000-7165]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
[[Page 33407]]
ACTION: Notice of petitions and intent to grant applications for
exemption; request for comments.
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SUMMARY: This notice announces the FMCSA's preliminary determination to
grant the applications of 63 individuals for an exemption from the
vision requirements in the Federal Motor Carrier Safety Regulations
(FMCSRs). Granting 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 June 22, 2000.
ADDRESSES: Your written, signed comments must refer to the docket
number at the top of this document, and you must submit the comments to
the Docket Clerk, U.S. DOT Dockets, Room PL-401, 400 Seventh Street,
SW., Washington, DC 20590-0001. All comments will be available for
examination at the above address between 9 a.m. and 5 p.m., e.t.,
Monday through Friday, except Federal holidays. Those desiring
notification of receipt of comments must include a self-addressed,
stamped envelope or postcard.
FOR FURTHER INFORMATION CONTACT: For information about the vision
exemptions in this notice, Ms. Sandra Zywokarte, Office of Bus and
Truck Standards and Operations, (202) 366-2987; for information about
legal issues related to this notice, Ms. Judith Rutledge, Office of the
Chief Counsel, (202) 366-2519, FMCSA, Department of Transportation, 400
Seventh Street, SW., Washington, DC 20590. Office hours are from 7:45
a.m. to 4:15 p.m., e.t., Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access
Internet users may access all comments received by the U.S. DOT
Dockets, Room PL-401, by using the universal resource locator (URL):
http://dms.dot.gov. It is available 24 hours each day, 365 days each
year. Please follow the instructions online for more information and
help.
An electronic copy of this document may be downloaded using a modem
and suitable communications software from the Government Printing
Office's Electronic Bulletin Board Service at (202) 512-1661. Internet
users may reach the Office of the Federal Register's home page at:
http://www.nara.gov/fedreg and the Government Printing Office's
database at: http://www.access.gpo.gov/nara.
Creation of New Agency
On December 9, 1999, the President signed the Motor Carrier Safety
Improvement Act of 1999 (Public Law 106-159, 113 Stat. 1748). The new
statute established the Federal Motor Carrier Safety Administration in
the Department of Transportation. On January 4, 2000, the Secretary
rescinded the authority previously delegated to the Office of Motor
Carrier Safety (OMCS) (65 FR 220). This authority is now delegated to
the FMCSA.
The motor carrier functions of the OMCS' Resource Centers and
Division (i.e., State) Offices have been transferred to FMCSA Service
Centers and FMCSA Division Offices, respectively. Rulemaking,
enforcement, and other activities of the Office of Motor Carrier Safety
while part of the FHWA, and while operating independently of the FHWA,
will be continued by the FMCSA. The redelegation will cause no changes
in the motor carrier functions and operations previously handled by the
FHWA or the OMCS. For the time being, all phone numbers and addresses
are unchanged.
Background
Sixty-three individuals have requested an exemption from the vision
requirement in 49 CFR 391.41(b)(10), which applies to drivers of CMVs
in interstate commerce. Under 49 U.S.C. 31315 and 31136(e), the FMCSA
(and previously the FHWA) may grant an exemption for a renewable 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.'' Accordingly, the FMCSA has evaluated
each of the 63 exemption requests on its merits, as required by 49
U.S.C. 31315 and 31136(e), and preliminarily determined that exempting
these 63 applicants from the vision requirement in 49 CFR 391.41(b)(10)
is likely to achieve a level of safety equal to, or greater than, the
level that would be achieved without the exemption.
Qualifications of Applicants
1. Elijah Allen, Jr.
Mr. Elijah Allen, 36, has amblyopia in his left eye. His best
corrected visual acuity is 20/20 in the right eye and 20/400 in the
left eye. He was examined in 1999 by an ophthalmologist who stated,
``In my opinion, because of his current driving record, I believe he
has sufficient vision to perform the tasks that he needs in order to
operate a commercial vehicle.''
Mr. Allen has driven tractor-trailer combination vehicles for 14
years, accumulating over 2 million miles. He holds an Arkansas Class A
CDL. His official driving record shows no accidents or convictions of
moving violations in a CMV for the past 3 years.
2. Charles Leon Baney
Mr. Charles Leon Baney, 61, has amblyopia in his right eye. His
best corrected visual acuity is 20/20 in his left eye and 20/400 in the
right eye. He was examined in 1999 and his optometrist stated, ``My
clinical impression is that Mr. Baney's vision is sufficient to perform
the driving tasks required to operate a commercial vehicle.''
Mr. Baney has driven straight trucks for 5 years, accumulating
60,000 miles; tractor-trailer combination vehicles for 6 years,
accumulating over 540,000 miles; and buses for 2 years, accumulating
over 4,000 miles. He holds an Illinois CDL. His official driving record
shows no accidents or convictions of moving violations in a CMV for the
past 3 years.
3. Walter F. Blair
Mr. Walter F. Blair, 63, has been blind in his left eye since the
age of 5 due to trauma. The visual acuity in his right eye is 20/20,
uncorrected. He was examined in 1999 by an optometrist who stated, ``In
my medical opinion, this person has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.''
Mr. Blair has driven straight trucks for 31 years, accumulating
620,000 miles. He holds a Tennessee Class B CDL. His official driving
record shows no accidents or convictions of moving violations in a CMV
during the past 3 years.
4. Jullie A. Bolster
Ms. Jullie A. Bolster, 50, has had diffuse haze and corneal
scarring due to severe keratitis in her left eye since 1995. Her best
corrected visual acuity is 20/20 in her right eye and 20/200 in her
left eye. She was examined in 1999 by an ophthalmologist who stated,
``I feel at this time she has sufficient vision to perform driving
tasks required to operate a commercial vehicle.''
Ms. Bolster has driven tractor-trailer combination vehicles for
over 6.5 years, accumulating over 260,000 miles. She holds a Montana
Class A CDL. Her official driving record shows no accidents or
convictions of moving violations in a CMV for the last 3 years.
[[Page 33408]]
5. Gary Bryan
Mr. Gary Bryan, 51, has had an ocular toxoplasmosis scar in his
right eye since childhood. His best corrected visual acuity is 20/20 in
the left eye and 20/400 in the right eye. He was examined in 1999 by an
optometrist who stated, ``His vision is sufficient to perform the
driving tasks required to operate a commercial vehicle.''
Mr. Bryan has driven straight trucks for 10 years, accumulating
250,000 miles and tractor-trailer combination vehicles for 15 years,
accumulating 525,000 miles. He holds a Montana Class A CDL. His
official driving record shows no accidents and no convictions of moving
violations in a CMV for the last 3 years.
6. Timothy John Bryant
Mr. Timothy John Bryant, 42, has had optic nerve damage in his left
eye since birth. His best corrected vision is 20/20 in his right eye
and 20/200 in his left eye. He was examined in 1999 by an
ophthalmologist who stated, ``I feel that Mr. Bryant's vision is
adequate to operate a commercial vehicle.''
Mr. Bryant has operated straight trucks for 10 years, accumulating
500,000 miles and tractor-trailer combination vehicles for 4 years,
accumulating over 260,000 miles. He holds a Florida Class A CDL. His
official driving history shows no accidents or convictions of moving
violations in a CMV for the last 3 years.
7. Thomas A. Burke
Mr. Thomas A. Burke, 56, has amblyopia in his left eye. His best
corrected visual acuity is 20/20 in the right eye and 20/100 in the
left eye. He was examined in 1999 by an ophthalmologist who stated,
``In view of his driving record and experience and the fact that
nothing has changed, that his vision is stable, I feel that he is
definitely safe to qualify to continue driving a commercial vehicle.''
Mr. Burke has driven tractor-trailer combination vehicles for 20
years, accumulating over 425,000 miles. He holds a Michigan Class A
CDL. His official driving record shows no accidents and no convictions
of moving violations in a CMV for the last 3 years.
8. Monty Glenn Calderon
Mr. Monty Glenn Calderon, 34, has amblyopia in his right eye. His
best corrected visual acuity is 20/20 in his left eye and 20/400 in his
right eye. According to a 1999 examination, his ophthalmologist stated,
``Mr. Calderon should be able to operate a commercial vehicle.''
Mr. Calderon has driven a straight truck for 4 years and has
accumulated 180,000 miles of driving. He holds an Ohio Class A CDL. His
official driving record shows no accidents or convictions of moving
violations in a CMV in the last 3 years.
9. Ronald Lee Carpenter
Mr. Ronald Lee Carpenter, 56, has amblyopia in his left eye. His
best corrected visual acuity is 20/20 in his right eye and 20/100 in
his left eye. He was examined in 1999 by his optometrist who stated,
``In my opinion, Mr. Carpenter has the visual skills to perform the
driving tasks required to operate a commercial vehicle.''
Mr. Carpenter has driven tractor-trailer combination vehicles for
20 years, totaling 200,000 miles. He holds an Oklahoma CDL. His
official driving record shows no accidents and no convictions of any
moving violations in a CMV during the past 3 years.
10. Charles Casey Chapman
Mr. Charles Casey Chapman, 30, has reduced vision in his right eye
due to trauma at the age of 10. His best corrected visual acuity is 20/
20 in the left eye and 20/200 in the right eye. He was examined in 1999
by an optometrist who stated, ``should be able to drive a truck because
condition has existed over 18 yr. [sic] with no problems.''
Mr. Chapman has driven straight trucks for 7 years, accumulating
560,000 miles. He holds a North Carolina Class B CDL. His official
driving record shows no accidents or convictions of moving violations
in a CMV for the last 3 years.
11. Milton Coleman
Mr. Milton Coleman, 52, has been blind in his right eye since the
age of 3 due to an injury. His best corrected visual acuity in his left
eye is 20/20. He was examined in 1999 by an optometrist who stated, ``I
feel Mr. Coleman can safely operate a commercial vehicle if he utilizes
a compensatory head turn toward R [sic] shoulder to widen his effective
visual field.''
Mr. Coleman has driven tractor-trailer combination vehicles for 8
years, accumulating 4 million miles. He holds a California Class A CDL.
His official driving record shows one accident. No injury was involved
and no citations were issued to either party. The driving record shows
no convictions of moving violations in a CMV for the last 3 years.
12. David Earl Corwin
Mr. David Earl Corwin, 51, has been blind in his left eye since
childhood. His best corrected visual acuity is 20/20 in his right eye.
He was examined in 1999, and his optometrist stated, ``At this time his
vision is stable and in my opinion sufficient to perform the tasks
required to operate a commercial vehicle.''
Mr. Corwin has driven straight trucks for 25 years, accumulating
over 1.2 million miles. He holds a Idaho CDL. His official driving
record shows no accidents and no convictions of moving violations in a
CMV during the past 3 years.
13. Adam D. Craig
Mr. Adam D. Craig, 56, has macular degeneration in his left eye.
His best corrected visual acuity is 20/20 in his right eye and 20/200
in his left eye. According to a 1999 examination, his ophthalmologist
stated, ``It is my medical opinion that due to the excellent vision in
the right eye and his full visual fields in both eyes, that Mr. Craig
should have no restrictions to a commercial vehicle license.''
Mr. Craig has driven straight trucks for 16 years and tractor-
trailer combination vehicles for 18 years, accumulating over 1.4
million miles. He holds an Indiana Class A CDL. His official driving
record for the last 3 years shows no accidents or convictions of moving
violations in a CMV.
14. Eric L. Dawson, III
Mr. Eric L. Dawson, 55, has had a corneal scar secondary to herpes
zoster in his left eye since 1986. His best corrected visual acuity is
20/20 in his right eye and 20/80 in his left eye. He was examined in
1999, and his ophthalmologist stated that, in her medical opinion, Mr.
Dawson has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.
Mr. Dawson has driven straight trucks for 38 years and tractor-
trailer combination vehicles for 25 years, accumulating over 1.6
million miles. He holds a North Carolina CDL. His official driving
record shows no accidents or convictions for moving violations in a CMV
for the last 3 years.
15. Richard L. Derick
Mr. Richard L. Derick, 46, has amblyopia in his left eye. His best
corrected visual acuity is 20/20 in the right eye and 20/400 in the
left eye. He was examined in 1999 by an optometrist who stated, ``I do
not feel that the central visual condition in his left eye will
significantly detract from his ability to safely drive a commercial
vehicle, if at all.''
Mr. Derick has driven straight trucks for 4 years, accumulating
120,000 miles and tractor-trailer combination vehicles
[[Page 33409]]
for 12 years, accumulating over 1.2 million miles. He holds a New
Hampshire Class A CDL. His official driving record shows no accidents
and no convictions of moving violations in a CDL for the last 3 years.
16. Joseph A. Dunlap
Mr. Joseph A. Dunlap, 34, has amblyopia in his left eye. His best
corrected visual acuity is 20/20 in the right eye and 20/80- in the
left eye. He was examined in 1999 and his ophthalmologist stated, ``He,
to my knowledge, has an excellent driving record with no history of
accidents or traffic violations. This record has been achieved with his
present visual status, and as long as the results of his current visual
exam meet your requirements, I see no reason why he cannot continue to
drive a commercial vehicle.''
Mr. Dunlap has driven straight trucks for 13 years and tractor-
trailer combination vehicles for 9 years, accumulating over 600,000
miles. He holds an Ohio CDL. His official driving record shows no
accidents or convictions of moving violations in a CMV for the last 3
years.
17. John C. Edwards, Jr.
Mr. John C. Edwards, 63, has longstanding macular scarring in his
right eye. His best corrected visual acuity is 20/40 in his left eye
and 20/400 in his right eye. He was examined in 1999, and his
ophthalmologist stated, ``In my opinion Mr. Edwards' vision has not
deviated and has been stable for well over ten years. I expect his
vision to remain that way. I feel he has maintained the ability to
operate a commercial vehicle.''
Mr. Edwards has driven straight trucks for 8 years and tractor-
trailer combination vehicles for 26 years, accumulating over 3 million
miles. He holds a Mississippi CDL. His official driving record shows no
accidents or convictions of moving violations in a CMV in the last 3
years.
18. Calvin J. Eldridge
Mr. Calvin J. Eldridge, 55, is blind in his right eye due to an
injury at age twelve. His best corrected visual acuity in his left eye
is 20/15. He was examined by his optometrist in 1999 who stated, ``In
my opinion, Calvin Eldridge has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.''
Mr. Eldridge has driven tractor-trailer combination vehicles for 27
years and a total of 2.7 million miles. He has a Washington CDL. His
official driving record shows no accidents and 2 non-serious speeding
violations in a CMV during the past 3 years.
19. Ronald G. Ellwanger
Mr. Ronald G. Ellwanger, 65, has macular degeneration in his right
eye. His best corrected visual acuity is 20/20 in the left eye and 20/
80 in the right eye. He was examined in 1999 and his ophthalmologist
stated, ``I certify that this patient has sufficient vision to safely
perform the driving tasks required to operate a commercial vehicle.''
Mr. Ellwanger has driven straight trucks for 40 years, accumulating
at least 2 million miles during that period. He holds a Virginia CDL.
His official driving record shows no accidents or convictions of moving
violations in a CMV during the last 3 years.
20. Marcellus Albert Garland
Mr. Marcellus Albert Garland, 61, has been blind in his left eye
due to an accident since 1967. His best corrected visual acuity in his
right eye is 20/20. He was examined by an optometrist in 1999 who
stated, ``In my professional opinion Mr. Garland has sufficient visual
function to perform the driving tasks required to operate a commercial
vehicle.''
Mr. Garland has driven straight trucks for 3 years, accumulating
90,000 miles and tractor-trailer combination vehicles for 31 years,
accumulating 2.5 million miles. He holds a California Class A CDL. His
official driving record shows 1 accident in a CMV in which there were
no injuries and no citations issued. It also shows one speeding
violation in a CMV during the last 3 years.
21. George J. Ghigliotty
Mr. George J. Ghigliotty, 56, has amblyopia in his right eye. His
best corrected visual acuity is 20/20 in the left eye and 20/60 in the
right eye. He was examined in 1999 by an optometrist who stated, ``It
is my opinion that this patient has sufficient vision to drive a
commercial vehicle.''
Mr. Ghigliotty has driven tractor-trailer combination vehicles for
38 years, accumulating 3.8 million miles. He holds a Florida Class A
CDL. His official driving record shows no accidents or convictions of
moving violations in a CMV for the past 3 years.
22. Ronald E. Goad
Mr. Ronald E. Goad, 53, has worn a prosthesis in his left eye since
1956 due to an accident. His best corrected visual acuity in his right
eye is 20/20. He was examined by his optometrist in 1999 who stated,
``Mr. Ronald Goad has sufficient vision to operate a commercial
vehicle.''
Mr. Goad has driven straight trucks for 33 years totaling more than
260,000 miles and tractor-trailer combination vehicles for 10 years,
having accumulated anywhere between 5,000 and 75,000 miles per year,
depending on the company for which he was employed. He holds a Maryland
CDL. His official driving record shows no accidents or convictions of
moving violations in a CMV during the past 3 years.
23. Steven F. Grass
Mr. Steven F. Grass, 30, has been blind in his left eye since the
age of 2 due to injury. His best corrected visual acuity in his right
eye is 20/20. He was examined in 1999 by an optometrist who stated,
``Mr. Grass is very well adapted to using only the vision in his right
eye. He is able to function normally. I believe that there is no reason
for him to not be able to operate a commercial vehicle safely.''
Mr. Grass has operated tractor-trailer combination vehicles for 6
years, accumulating over 300,000 miles and straight trucks for 1 year,
accumulating 10,000 miles. He holds a New Mexico Class A CDL. His
official driving record shows no accidents and one conviction of a
moving violation (Failure to Obey Traffic Signal/Light) in a CMV during
the last 3 years.
24. Randolph D. Hall
Mr. Randolph D. Hall, 59, has had reduced vision in his right eye
since childhood, probably as the result of an infection of the macula.
His best corrected visual acuity is 20/20 in his left eye and 20/800 in
his right eye. He was examined in 1999 by an optometrist who stated,
``In my opinion, with his excellent vision in his left eye and great
peripheral vision in both eyes, there is no reason why he can't operate
a commercial truck and trailer.''
Mr. Hall has operated tractor-trailer combination vehicles for 29
years, accumulating over 2 million miles. He holds a Florida Class A
CDL. His official driving record shows no accidents and no convictions
of moving violations in a CMV for the past 3 years.
25. Reginald I. Hall
Mr. Reginald I. Hall, 43, has amblyopia in his left eye. His best
corrected visual acuity is 20/20 in the right eye and 20/200 in the
left eye. He was examined in 1999 by an ophthalmologist who stated,
``Based upon my medical opinion, Mr. Hall has shown an exemplary
driving record and has sufficient vision to operate a commercial
vehicle.''
[[Page 33410]]
Mr. Hall has driven straight trucks for 12 years, accumulating
432,000 miles and tractor-trailer combination vehicles for 10 years,
accumulating 540,000 miles. He holds a Texas Class A CDL. His official
driving record shows no accidents and no convictions of moving
violations in a CMV for the last 3 years.
26. Sherman William Hawk, Jr.
Mr. Sherman William Hawk, Jr., 48, has a long-standing retinal scar
in his left eye. His best corrected visual acuity is 20/20 in his right
eye and 20/150 in his left eye. He was examined in 1999 by an
optometrist who stated, ``In my professional opinion, Mr. Hawk
possesses sufficient vision to perform the driving tasks required to
operate a commercial vehicle.''
Mr. Hawk has driven straight trucks for 13 years, accumulating over
800,000 miles and tractor-trailer combination vehicles for 10 years,
accumulating 600,000 miles. He holds a Maryland Class AM CDL. His
official driving record shows no accidents and no convictions of moving
violations in a CMV for the last 3 years.
27. Daniel J. Hillman
Mr. Daniel J. Hillman, 56, has a history of retinal disease which
has caused a significant loss of visual acuity in the right eye. His
best corrected vision is 20/25-3 in the left eye and 20/70 in the right
eye. He was examined in 1999 by an optometrist who stated, ``I feel
Daniel Hillman is visually capable of performing well as a commercial
driver.''
Mr. Hillman has driven tractor-trailer combination vehicles for 28
years, accumulating 2.8 million miles. He holds a Washington Class A
CDL. His official driving record shows no accidents or convictions of
moving violations in a CMV for the last 3 years.
28. Gordon William Howell
Mr. Gordon William Howell, 45, has been blind in his right eye for
the last 10 years. His best visual acuity in his left eye is 20/20
uncorrected. He was examined by an ophthalmologist in 1999 who stated,
``He has been driving commercial last 12 yr [sic] so it is my opinion
he has sufficient vision to do so.''
Mr. Howell has driven tractor-trailer combination vehicles for 22
years, accumulating more than 330,000 miles. He holds a Washington
Class A CDL. His official driving record shows no accidents or
convictions of moving violations in a CMV for the last 3 years.
29. Roger Louis Jacobson
Mr. Roger Louis Jacobson, 72, suffered permanent, stable visual
loss in his right eye as the result of an accident in 1968. His best
corrected visual acuity is 20/20 in the left eye and light perception
in the right eye. He was examined in 1999 by an ophthalmologist who
stated, ``Mr. Jacobson's long standing visual acuity and performance as
a monocular driver more than qualifies him to operate a commercial
motor vehicle throughout the United States.''
Mr. Jacobson has driven straight trucks for 4 years, accumulating
4,800 miles and tractor-trailer combination vehicles for 49 years,
accumulating over 4 million miles. He holds an Arizona Class A CDL. His
official driving record shows no accidents or convictions of moving
violations in a CMV for the last 3 years.
30. Robert C. Jeffres
Mr. Robert C. Jeffres, 58, has been blind in his left eye due to
injury since 1991. His best corrected visual acuity is 20/15 in the
right eye. He was examined by an optometrist in 1999 who stated, ``In
my medical opinion Robert Jeffres has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.''
Mr. Jeffres has driven straight trucks for 41 years, accumulating
205,000 miles and tractor-trailer combination vehicles for 30 years,
accumulating 2.4 million miles. He holds a Wyoming Class A CDL. His
official driving record shows no accidents or convictions of moving
violations in a CMV for the last 3 years.
31. Alfred C. Jewell, Jr.
Mr. Alfred C. Jewell, Jr., 45, has amblyopia in his right eye. His
best corrected visual acuity is 20/20+ in the left eye and 20/100- in
the right eye. He was examined in 1999 by an optometrist who stated,
``This patient has been driving commercial vehicles all of his adult
life. There have been no visual decreases during that time. I feel that
for this individual, the vision is sufficient.''
Mr. Jewell has driven tractor-trailer combination vehicles for 27
years, accumulating over 3.7 million miles. He holds a Wyoming Class A
CDL. His official driving record shows no accidents or convictions of
moving violations in a CMV for the last 3 years.
32. Anton R. Kibler
Mr. Anton R. Kibler, 46, has amblyopia in his right eye. His best
corrected vision is 20/20 in his left eye and 20/100+ in his right eye.
He was examined by an optometrist in 1999 who stated, ``In my opinion,
applicant has sufficient vision to perform the driving tasks required
to operate a commercial vehicle.''
Mr. Kibler has driven straight trucks for 29 years, accumulating
667,000 miles. He holds a Delaware Class B CDL. His official driving
record shows no accidents or convictions of moving violations in a CMV
during the last 3 years.
33. James Alonzo Kneece
Mr. James Alonzo Kneece, 67, has had poor vision in his left eye
due to injury since childhood. He has optic nerve damage in that eye
and scarring of the retina in the centrally located area. His best
corrected visual acuity is 20/20 in the right eye and 20/400 in the
left eye. He was examined by an ophthalmologist in 1999 who stated, ``I
think because of his lifelong adaptation to the poor vision in the left
eye, he is qualified to operate a commercial vehicle.''
Mr. Kneece has driven straight trucks for 2 years, accumulating
120,000 miles and tractor-trailer combination vehicles for 40 years,
accumulating 3.6 million miles. He holds a Georgia Class A CDL. His
official driving record shows no accidents and no convictions of moving
violations in a CMV for the last 3 years.
34. Ronnie L. LeMasters
Mr. Ronnie L. LeMasters, 48, has amblyopia in his left eye. His
best corrected visual acuity is 20/20 in the right eye and 20/400 in
the left eye. He was examined in 1999, and his optometrist stated,
``Mr. LeMasters congenital amblyopia is stable and should not affect
his ability to drive a commercial vehicle.''
Mr. LeMasters has driven straight trucks for 26 years, accumulating
more than 545,000 miles. He holds a West Virginia CDL. His official
driving record shows no accidents or convictions for moving violations
in a CMV for the last 3 years.
35. Samuel Joseph Long
Mr. Samuel Joseph Long, 33, has been blind in his right eye since
1971. His uncorrected vision in his left eye is 20/15. He was examined
by an ophthalmologist in 1999 who stated, ``It is my opinion that Mr.
Long's vision is sufficient to perform the driving tasks required to
operate a commercial vehicle.''
Mr. Long has driven straight trucks for 6 years and a total of
360,000 miles. He holds a Florida Class D license. His official driving
record shows no accidents or convictions of moving violations in a CMV
for the last 3 years.
[[Page 33411]]
36. Steven G. Luther
Mr. Steven G. Luther, 47, has a diagnosis of ocular histoplasmosis
in his right eye. His visual acuity is 20/20 in the left eye and 20/200
in the right eye. He was examined by an ophthalmologist in 1999 who
stated, ``I think also that he has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.''
Mr. Luther has driven straight trucks for 25 years, accumulating
837,500 miles and tractor-trailer combination vehicles for 8 years,
accumulating 8,000 miles. He holds an Iowa Class A CDL. His official
driving record shows no accidents or convictions of moving violations
in a CMV during the past 3 years.
37. Lewis V. McNeice
Mr. Lewis V. McNeice, 52, has been monocular since his right eye
was removed approximately 34 years ago. His best corrected visual
acuity in his left eye is 20/15. He was examined by his optometrist in
1999 who stated, ``I believe Mr. McNeice has sufficient vision to drive
commercially.''
Mr. McNeice has driven straight trucks for 34 years and tractor-
trailer combination vehicles for 25 years for a total of over 3.1
million miles. He holds a Texas CDL. His official driving record for
the last 3 years shows no accidents or convictions of moving violations
in a CMV.
38. Barry B. Morgan
Mr. Barry B. Morgan, 57, has amblyopia in his left eye. His best
corrected visual acuity is 20/15 in his right eye and 20/300 in his
left eye. He was examined in 1999 by an optometrist who stated, ``My
impression of Mr. Morgan is that he is intelligent, alert, and
thoughtful, and that he is capable, with his vision, of operating a
commercial vehicle.''
Mr. Morgan has driven straight trucks and tractor-trailer
combination vehicles for 6 years, accumulating 33,600 miles. He holds a
Washington Class B CDL. His official driving record shows no accidents
or convictions of moving violations in a CMV for the last 3 years.
39. Richard O'Neal, Jr.
Mr. Richard O'Neal, 68, has been blind in his right eye due to
injury since approximately 1969. His best corrected visual acuity in
his left eye is 20/20. He was examined in 1999, and his ophthalmologist
stated, ``it is my medical opinion that he has sufficient vision to
perform the driving task required to operate a commercial vehicle.''
Mr. O'Neal has driven tractor-trailer combination vehicles for 20
years, accumulating over 800,000 miles. He holds an Indiana CDL. His
official driving record shows no accidents or convictions of moving
violations in a CMV during the past 3 years.
40. Dewey Owens, Jr.
Mr. Dewey Owens, Jr., 75, has worn a prosthesis in his right eye
for at least 13 years since his current optometrist has been treating
him. His best corrected visual acuity is 20/20 in his left eye. He was
examined in 1999, and his optometrist stated, ``I feel that Mr. Owens
certainly has sufficient vision to continue to operate a commercial
vehicle as he had demonstrated for all the years that I have known
him.''
Mr. Owens has driven tractor-trailer combination vehicles of over
50 years and has accumulated over 5.5 million miles. He holds an
Alabama Class AM CDL. His official driving record shows no accidents or
convictions of moving violations in a CMV for the last 3 years.
41. Richard E. Perry
Mr. Richard E. Perry, 47, suffered trauma to the left eye as a
child, leaving him with severely reduced vision in that eye. His best
visual acuity is 20/20 in the right eye (uncorrected) and count fingers
in the left. He was examined in 1999, and his ophthalmologist stated,
``I certify, in my opinion, that his [Mr. Perry's] vision is sufficient
to perform the driving test required to operate a commercial vehicle.''
Mr. Perry has driven straight trucks for 3 years, accumulating
75,000 miles and tractor-trailer combination vehicles for 20 years,
accumulating 2.5 million miles. He holds a California CDL. His official
driving record shows no convictions of moving violations in a CMV in
the last 3 years. He was involved in one accident in a CMV in the last
3 years. In the accident the other driver involved was charged with an
unsafe lane change. Mr. Perry was not charged with any violation.
42. Douglas McArthur Potter
Mr. Douglas McArthur Potter, 58, suffered a retinal detachment in
his left eye in August 1995. His best corrected visual acuity is 20/20
in the right eye and hand motion in the left eye. He was examined in
1999 by an ophthalmologist who stated, ``I see no reason why his vision
would preclude him from operating a commercial vehicle.''
Mr. Potter has driven tractor-trailer combination vehicles for 30
years, accumulating 2.4 million miles and straight trucks for 41 years,
accumulating 205,000 miles. He holds a Colorado Class A CDL. His
official driving record shows one accident and no convictions of moving
violations in a CMV for the last 3 years. There were no injuries in the
accident and no citations were issued to Mr. Potter. The driver of the
other vehicle involved received a citation for careless driving.
43. Gregory Martin Preves
Mr. Gregory Martin Preves, 47, has worn a prosthesis in his right
eye since he was 20 years old. The visual acuity in his left eye is 20/
20, corrected and uncorrected. He was examined in 1999 by an
optometrist who stated, ``Mr. Preves definitely has sufficient vision
to perform the tasks required to operate a commercial vehicle.''
Mr. Preves has driven straight trucks and tractor-trailer
combination vehicles for 9 years, accumulating approximately 450,000
miles. He holds a Georgia Class A CDL. His official driving record
shows no accidents and no convictions of moving violations in a CMV for
the last 3 years.
44. James M. Rafferty
Mr. James M. Rafferty, 38, has been blind in his right eye since
1974 due to trauma. His best corrected visual acuity is 20/15 in his
right eye. He was examined in 1999 by an ophthalmologist who stated,
``In my opinion, Mr. Rafferty has sufficient visual function to perform
the driving tasks required to operate a commercial vehicle.''
Mr. Rafferty has driven straight trucks for 15 years, accumulating
more than 1.2 million miles; tractor-trailer combination vehicles for 2
years, accumulating 10,000 miles; and buses for 1 year, accumulating
5,000 miles. He holds a New Hampshire Class A-MC CDL. His official
driving record shows no accidents and no convictions of moving
violations in a CMV for the last 3 years.
45. Paul C. Reagle, Sr.
Mr. Paul C. Reagle, 64, has age-related macular changes in his left
eye, causing decreased vision. His best corrected visual acuity is 20/
30 in the right eye and 20/100 in the left eye. He was examined in 1999
by his ophthalmologist who stated, ``I support Mr. Reagle's application
for continued use of a commercial drivers license and any questions
should be directed to my Mays Landing office.''
Mr. Reagle has driven straight trucks for 10 years and 200,000
miles; tractor-trailer combination vehicles for 44 years and 2.8
million miles; and buses for 30 years totaling 600,000 miles. He holds
a
[[Page 33412]]
CDL from New Jersey. His official driving record shows no accidents or
convictions of moving violations in a CMV for the past 3 years.
46. Glenn E. Robbins
Mr. Glen E. Robbins, 55, has been blind in his right eye since an
automobile accident in 1963. His best corrected visual acuity is 20/20
in the left eye. He was examined in 1999 by an ophthalmologist who
stated, ``I hereby certify that Mr. Robbins has sufficient vision to
perform the duties of his work in a commercial motor vehicle in a
normal manner without endangering himself or the general public.''
Mr. Robbins has driven straight trucks for 5 years, accumulating
350,000 miles and tractor-trailer combination vehicles for 29 years,
accumulating 2.9 million miles. He holds a Wyoming Class ATX CDL. His
official driving record shows no accidents and no convictions of moving
violations in a CMV for the last 3 years.
47. Daniel Salinas
Mr. Daniel Salinas, 43, has amblyopia in his left eye. His best
corrected visual acuity is 20/15 in the right eye and 20/400 in the
left eye. He was examined in 1999 by an optometrist who stated,
``Daniel has sufficient vision to continue to perform the driving tasks
required to operate a commercial vehicle.''
Mr. Salinas has driven straight trucks for 26 years, accumulating
2.6 million miles and tractor-trailer combination vehicles for 15
years, accumulating 1.7 million miles. He holds an Oregon Class A CDL.
His official driving record shows no accidents and no convictions of a
moving violation in a CMV for the last 3 years.
48. Salvador Sarmiento
Mr. Salvador Sarmiento, 49, has amblyopia in the right eye. His
best corrected visual acuity is 20/20 in the left eye and 20/80 in the
right eye. He was examined in 1999 by an optometrist who stated, ``His
ability to operate a commercial [vehicle] is not compromised with his
ocular condition.''
Mr. Sarmiento has driven tractor-trailer combination vehicles for
29 years, accumulating 870,000 miles and straight trucks for 5 years,
accumulating 90,000 miles. He holds a Texas Class A CDL. His official
driving record shows no accidents and no convictions of moving
violations in a CMV in the last 3 years.
49. Wayne Richard Sears
Mr. Wayne Richard Sears, 39, has had a macular scar in his right
eye for approximately 10 years. His visual acuity is 20/20 in the left
eye and 20/300 in the right eye. He was examined in 1999 by an
optometrist who stated, ``I believe that Mr. Sears can certainly see
well enough to continue driving in a commercial vehicle.''
Mr. Sears has driven tractor-trailer combination vehicles for 16
years, accumulating 1.6 million miles and straight trucks for 2 years,
accumulating 200,000 miles. He holds a Texas Class A CDL. His official
driving record shows no accidents or convictions of moving violations
in a CMV for the last 3 years.
50. Garry R. Setters
Mr. Garry R. Setters, 45, has amblyopia in his right eye. His best
corrected visual acuity is 20/20 in the left eye and 20/60 in the right
eye. He was examined in 1999 by an ophthalmologist who stated, ``This
patient has mild amblyopia of the right eye and, in my medical opinion,
his vision is sufficient to perform his driving task with a commercial
vehicle.''
Mr. Setters has driven a straight truck for 22 years, accumulating
770,000 miles. He holds a Kentucky Class DA License. His official
driving record shows no accidents or convictions of moving violations
in a CMV for the last 3 years.
51. Hoyt M. Shamblin
Mr. Hoyt M. Shamblin, 41, has had a corneal scar in his right eye
due to injury since age 5. His best corrected visual acuity is 20/20 (-
1) in his left eye and 20/200 in his right eye. He was examined in 1999
by an optometrist who stated, ``It is my opinion that Mr. Shamblin has
the ability to safely operate a commercial vehicle for the tasks
described necessary for his present employment.''
Mr. Shamblin has driven straight trucks for 5 years, accumulating
130,000 miles. He holds a Georgia Class BM license. His official
driving record shows no accidents or convictions of moving violations
in a CMV for the last 3 years.
52. Lee Russell Sidwell
Mr. Lee Russell Sidwell, 37, has amblyopia in his left eye. His
best corrected visual acuity is 20/15 in the right eye and 20/60 in the
left eye. He was examined in 1999 by an optometrist who stated, ``This
letter certifies that in my medical opinion Lee Sidwell has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.''
Mr. Sidwell has driven both straight trucks and tractor-trailer
combination vehicles for 11 years, accumulating 627,000 miles. He holds
an Ohio Class A CDL. His official driving record shows no accidents and
no convictions of moving violations in a CMV for the last 3 years.
53. Jesse M. Sikes
Mr. Jesse M. Sikes, 61, has been blind in his right eye since the
age of 8 due to injury. His best corrected visual acuity is 20/20 in
the left eye. He was examined by an optometrist in 1999 who stated,
``In my opinion Mr. Sikes can safely operate a commercial vehicle as
well now as he has for the last several years.''
Mr. Sikes has driven straight trucks and tractor-trailer
combination vehicles for 30 years, accumulating 1.5 million miles. He
holds a Wyoming Class A CDL. His official driving record shows no
accidents or convictions of moving violations in a CMV for the last 3
years.
54. Harold A. Sleesman
Mr. Harold A. Sleesman, 68, has scarring in the central retina of
the left eye which has been present since childhood. His best corrected
visual acuity is 20/20 in the right eye and count fingers in the left
eye. He was examined by an optometrist in 1999 who stated, ``Based on
the above findings, it is my opinion that Mr. Sleesman should have no
trouble continuing to perform the tasks required in operating a
commercial vehicle.''
Mr. Sleesman has driven straight trucks for 26 years, accumulating
910,000 miles. He holds an Indiana Class A-NT CDL. His official driving
record shows no accidents or convictions of moving violations in a CMV
for the last 3 years.
55. James E. Smith
Mr. James E. Smith, 43, has amblyopia in his left eye. His best
corrected visual acuity is 20/20 in his right eye and 20/80 in his left
eye. He was examined in 1999, and his optometrist stated, ``Mr. Smith
is able to be a safe commercial driver and is no threat on the road.''
Mr. Smith has driven both straight trucks and tractor-trailer
combination vehicles for 17 years, accumulating approximately 415,000
miles. He holds a Missouri CDL. His official driving record shows no
accidents or convictions of moving violations in a CMV in the last 3
years.
56. Daniel A. Sohn
Mr. Daniel A. Sohn, 44, has congenital decreased visual acuity in
his right eye. His best corrected visual acuity is 20/20 in the left
eye and 20/70 in the right eye. He was examined in
[[Page 33413]]
1999 by an optometrist who stated, ``My medical opinion is that he
certainly has sufficient vision to perform the driving tasks required
to operate a commercial vehicle.''
Mr. Sohn has driven straight trucks and tractor-trailer combination
vehicles for 14 years, accumulating 1.6 million miles. He holds a
Wisconsin Class ABCDM CDL. His official driving record shows no
accidents and no convictions of moving violations in a CMV for the last
3 years.
57. Denney Vern Traylor
Mr. Denney Vern Traylor, 42, has amblyopia in his left eye. His
visual acuity is 20/20 in the right eye and 20/200 in the left eye. He
was examined by an ophthalmologist in 1999 who stated, ``Based on my
examination of his eyes, it is my opinion that he has sufficient vision
to operate a commercial vehicle.''
Mr. Traylor has driven tractor-trailer combination vehicles for 14
years, accumulating over 1.3 million miles. He holds a California Class
AM CDL. His official driving record shows no accidents and 1 conviction
for a moving violation in a CMV during the last 3 years. The conviction
was for failure to obey a traffic sign.
58. Noel Stuart Wangerin
Mr. Noel Stuart Wangerin, 63, has been blind in his left eye since
1941 due to injury. His best corrected visual acuity is 20/20 in his
right eye. He was examined in 1999 by an optometrist who stated, ``Mr.
Wangerin has 20/20 vision which is sufficient to perform the driving
tasks required to operate a commercial vehicle.''
Mr. Wangerin has driven straight trucks for 7 years, accumulating
140,000 miles and tractor-trailer combination vehicles for 25 years,
accumulating 2.0 million miles. He holds an Illinois Class A CDL. His
official driving record shows no accidents or convictions of moving
violations in a CMV for the last 3 years.
59. Brian W. Whitmer
Mr. Brian W. Whitmer, 43, has amblyopia in his right eye. His best
corrected visual acuity is 20/20 in his left eye and 20/200 in his
right eye. He was examined in 1999 by his optometrist who stated,
``Since he has been a successful commercial driver for many years, it
is my opinion that he has sufficient vision to continue performing
commercial driving tasks.''
Mr. Whitmer has driven tractor-trailer combination vehicles for 4
years and 10 months, totaling approximately 300,000 miles. He holds an
Ohio CDL. His official driving record shows no accidents or convictions
of moving violations in a CMV during the past 3 years.
60. Jeffrey D. Wilson
Mr. Jeffrey D. Wilson, 23, has been blind in his right eye since
birth as the result of optic nerve pits. His best corrected vision is
20/15 in his left eye. He was examined by an optometrist in 1999 who
stated, ``It is my opinion that Mr. Jeffrey Wilson has sufficient
vision to be able to safely operate a commercial vehicle and should be
granted an exemption from the Federal vision standard.''
Mr. Wilson has driven tractor-trailer combination vehicles for 4
years, accumulating 400,000 miles. He holds a Colorado Class A CDL. His
official driving record shows no accidents and no convictions of moving
violations in a CMV for the last 3 years.
61. Joseph F. Wood
Mr. Joseph F. Wood, 29, has amblyopia in his left eye. His best
corrected visual acuity is 20/20 in his right eye and 20/60 in his left
eye. He was examined in 1999, and his optometrist stated, ``I certify
that in my opinion, Joseph Wood's vision is sufficient to perform the
driving tasks required to operate a commercial vehicle.''
Mr. Wood has driven straight trucks for 6 years, accumulating
approximately 300,000 miles. He holds a Mississippi CDL. His official
driving record shows no accidents or convictions of moving violations
in a CMV for the past 3 years.
62. William E. Woodhouse
Mr. William E. Woodhouse, 41, sustained a corneal ulcer on his
right eye in June 1992. His best corrected visual acuity is 20/400,
pinholing to 20/200 in the right eye and 20/20 in the left eye
uncorrected. He was examined in 1999 by an ophthalmologist who stated,
``My medical opinion is that he has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.''
Mr. Woodhouse has driven tractor-trailer combination vehicles for
11 years, accumulating over 1.3 million miles. He holds an Illinois
Class A CDL. His official driving record shows no accidents and no
convictions of moving violations in a CMV for the last 3 years.
63. Rick A. Young
Mr. Rick A. Young, 39, has been blind in his left eye since 1982
due to injury. The visual acuity in his right eye is 20/20. He was
examined in 1999 by an ophthalmologist who stated, ``I feel he has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle and has been doing this in the past with this level
of vision.''
Mr. Young has driven straight trucks for 16 years, accumulating
400,000 miles and tractor-trailer combination vehicles for 10 years,
accumulating 150,000 miles. He holds an Indiana Class A CDL. His
official driving record shows no accidents and no convictions of moving
violations in a CMV for the last 3 years.
Basis for Preliminary Determination To Grant Exemptions
Independent studies support the principle that past driving
performance is a reliable indicator of an individual's future safety
record. The studies are filed in FHWA Docket No. FHWA-97-2625 and
discussed at 63 FR 1524, 1525 (January 9, 1998). We believe we can
properly apply the principle to monocular drivers because data from the
vision waiver program clearly demonstrate the driving performance of
monocular drivers in the program is better than that of all CMV drivers
collectively. (See 61 FR 13338, March 26, 1996.) That monocular drivers
in the waiver program demonstrated their ability to drive safely
supports a conclusion that other monocular drivers, with qualifications
similar to those required by the waiver program, can also adapt to
their vision deficiency and operate safely.
The 63 applicants have qualifications similar to those possessed by
drivers in the waiver program. Their experience and safe driving record
operating CMVs demonstrate that they have adapted their driving skills
to accommodate their vision deficiency. Since past driving records are
reliable precursors of the future, there is no reason to expect these
individuals to drive less safely after receiving their exemptions.
Indeed, there is every reason to expect at least the same level of
safety, if not a greater level, because the applicants can have their
exemptions revoked if they compile an unsafe driving record.
For these reasons, the FMCSA believes exempting the individuals
from 49 CFR 391.41(b)(10) is likely to achieve a level of safety equal
to, or greater than, the level that would be achieved without the
exemption as long as vision in their better eye continues to meet the
standard specified in 391.41(b)(10). As a condition of the exemption,
therefore, the FMCSA proposes to impose requirements on the individuals
similar to the grandfathering provisions in 49 CFR 391.64(b) applied to
drivers who participated in the agency's former vision waiver program.
[[Page 33414]]
These requirements are as follows: (1) That each individual be
physically examined every year (a) by an ophthalmologist or optometrist
who attests that vision in the better eye meets the standard in 49 CFR
391.41(b)(10), and (b) by a medical examiner who attests the individual
is otherwise physically qualified under 49 CFR 391.41; (2) that each
individual provide a copy of the ophthalmologist's or optometrist's
report to the medical examiner at the time of the annual medical
examination; and (3) that each individual provide a copy of the annual
medical certification to his or her employer for retention in its
driver qualification file or keep a copy in his or her driver
qualification file if he or she becomes self-employed. The driver must
also have a copy of the certification when driving so it may be
presented to a duly authorized Federal, State, or local enforcement
official.
In accordance with 49 U.S.C. 31315 and 31136(e), the proposed
exemption for each person will be valid for 2 years unless revoked
earlier by the FMCSA. The exemption will be revoked if: (1) The person
fails to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
before it was granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31315 and
31136. If the exemption is effective at the end of the 2-year period,
the person may apply to the FMCSA for a renewal under procedures in
effect at that time.
Request for Comments
In accordance with 49 U.S.C. 31315 and 31136(e), the FMCSA is
requesting public comment from all interested persons on the exemption
petitions and the matters discussed in this notice. All comments
received before the close of business on the closing date indicated
above will be considered and will be available for examination in the
docket room at the above address. Comments received after the closing
date will be filed in the docket and will be considered to the extent
practicable, but the FMCSA may issue exemptions from the vision
requirement to the 63 applicants and publish in the Federal Register a
notice of final determination at any time after the close of the
comment period. In addition to late comments, the FMCSA will also
continue to file in the docket relevant information which becomes
available after the closing date. Interested persons should continue to
examine the docket for new material.
Authority: 49 U.S.C. 322, 31136 and 31315; 49 CFR 1.73.
Issued on: May 15, 2000.
Julie Anna Cirillo,
Acting Deputy Administrator, Federal Motor Carrier Safety
Administration.
[FR Doc. 00-12930 Filed 5-22-00; 8:45 am]
BILLING CODE 4910-22-P
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