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[Federal Register: March 4, 2003 (Volume 68, Number 42)]
[Notices]
[Page 10301-10304]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04mr03-130]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2003-14223]
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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[[Page 10302]]
SUMMARY: This notice publishes the FMCSA's receipt of applications from
21 individuals for an exemption from the vision requirement in the
Federal Motor Carrier Safety Regulations (FMCSRs). 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 the FMCSRs.
DATES: Comments must be received on or before April 3, 2003.
ADDRESSES: You can mail or deliver comments to the U.S. Department of
Transportation, Dockets Management Facility, Room PL-401, 400 Seventh
Street, SW., Washington, DC 20590-0001. You can also submit comments at
http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://dms.dot.gov.
Please include the docket number that appears in
the heading of this document. You can examine and copy this document
and all comments received at the same Internet address or at the
Dockets Management Facility from 9 a.m. to 5 p.m., e.t., Monday through
Friday, except Federal holidays. If you want us to notify you that we
received your comments, please include a self-addressed, stamped
envelope or postcard.
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review the
Department of Transportation's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (Volume 65, Number 70;
Pages 19477-78) or you may visit
http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://dms.dot.gov.
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:
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 21 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. Gordon L. Apple
Mr. Apple, 71, has had crossed eyes since childhood and alternates
from one eye to the other. His best-corrected visual acuity is 20/25 in
the right eye and 20/25 in the left. His ophthalmologist examined him
in 2002 and certified, ``The condition should be stable and he is
visually able to drive commercially.'' Mr. Apple submitted that he has
driven straight trucks for 18 years, accumulating 360,000 miles,
tractor-trailer combinations for 35 years, accumulating 2.6 million
miles, and buses for 6 months, accumulating 2,000 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.
2. Stanley E. Bernard
Mr. Bernard, 57, 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 2002, his optometrist certified, ``Stan
Bernard meets the visual requirements to perform the driving tasks
needed to operate a commercial vehicle.'' Mr. Bernard reported that he
has driven straight trucks for 30 years, accumulating 1.5 million
miles. He holds a Class DM1 driver's license from Alaska. His driving
record for the last 3 years shows no accidents or convictions for
moving violations in a CMV.
3. John D. Bolding, Jr.
Mr. Bolding, 43, has a macular scar in his left eye due to an
injury in 1995. His best-corrected visual acuity in the right eye is
20/15 and in the left, 20/200. An optometrist examined him in 2002 and
stated, ``In our professional opinion, Mr. Bolding has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Bolding submitted that he has driven tractor-trailer
combinations for 14 years, accumulating 700,000 miles. He holds a Class
A CDL from Oklahoma. His driving record for the last 3 years shows no
accidents or convictions for moving violations in a CMV.
4. Ronald B. Brown
Mr. Brown, 55, lost the central vision in his right eye due to a
retinal vein occlusion in 1993. His best-corrected visual acuity in the
right eye is hand motions and in the left, 20/25. His ophthalmologist
examined him in 2002 and stated, ``I would hereby certify that in my
medical opinion, Mr. Brown has vision adequate to perform the tasks of
his present occupation, that of driving a commercial vehicle.'' Mr.
Brown submitted that he has driven straight trucks for 6 years,
accumulating 300,000 miles, and tractor-trailer combinations for 24
years, accumulating 2.9 million miles. He holds a Class A CDL from
Maine. His driving record shows no accidents or convictions for moving
violations in a CMV during the last 3 years.
5. Michael P. Curtin
Mr. Curtin, 47, 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 optometrist certified, ``I do not
feel this should decrease his ability to safely drive a commercial
vehicle.'' Mr. Curtin submitted that he has driven straight trucks for
20 years, accumulating 100,000 miles, and tractor-trailer combinations
for 2 years, accumulating 10,000 miles. He holds a Class AM CDL from
Illinois. His driving record for the last 3 years shows no accidents or
convictions for moving violations in a CMV.
6. Albion C. Doe
Mr. Doe, 44, has a congenital toxoplasmosis scar in his right eye.
His visual acuity is counting fingers in the right eye and 20/25 in the
left. Following an examination in 2002, his optometrist certified,
``Mr. Doe has a congenital toxoplasmosis scar in his right eye which
will not impair his ability to drive a commercial vehicle in any way.''
Mr. Doe submitted that he has driven straight trucks for 15 years,
accumulating 780,000 miles. He holds a Class A CDL from New Hampshire.
His driving record shows no accidents or convictions for moving
violations in a CMV during the last 3 years.
7. James M. Eads
Mr. Eads, 52, is blind in his left eye due to injury at age 5. His
best-corrected visual acuity in the right eye is 20/20. An optometrist
examined him in 2002 and stated, ``His right eye is revealed to have
good ocular health and he has adapted well with his monocular vision to
safely drive a commercial vehicle.'' Mr. Eads reported that he has
driven straight trucks for 12 years, accumulating 480,000 miles. He
holds a chauffeur's license from Indiana. His
[[Page 10303]]
driving record shows no accidents or convictions for moving violations
in a CMV during the last 3 years.
8. Richard L. Elyard
Mr. Elyard, 55, is blind in his right eye due to an accident 30
years ago. The best-corrected visual acuity in his left eye is 20/20.
Following an examination in 2002, his optometrist certified, ``It is my
opinion that Mr. Elyard is visually qualified to operate a commercial
vehicle at this time.'' Mr. Elyard reported that he has driven tractor-
trailer combinations for 30 years, accumulating 3.1 million miles. He
holds a Class A CDL from Virginia. His driving record shows no
accidents or convictions for moving violations in a CMV during the last
3 years.
9. Michael R. Forschino
Mr. Forschino, 56, has amblyopia in his left eye. His best-
corrected visual acuity is 20/25 in the right eye and 20/50--in the
left. His optometrist examined him in 2002 and stated, ``Mr. Forschino
possesses sufficient vision required to operate a commercial motor
vehicle.'' Mr. Forschino reported that he has driven straight trucks
for 7 years, accumulating 434,000 miles. He holds a Class B CDL from
Connecticut. His driving record shows no accidents or convictions for
moving violations in a CMV during the last 3 years.
10. John C. Gadomski
Mr. Gadomski, 38, has amblyopia in his left eye. His best-corrected
visual acuity is 20/20 in the right eye and 20/100 in the left. His
optometrist examined him in 2002 and stated, ``I do believe that his
vision is sufficient to perform driving tasks required to operate a
commercial vehicle.'' Mr. Gadomski reported that he has driven straight
trucks for 15 years, accumulating 1.5 million miles. He holds a Class B
CDL from New York. His driving record shows no accidents or convictions
for moving violations in a CMV during the last 3 years.
11. Richard H. Hammann
Mr. Hammann, 64, has reduced vision in his left eye due to trauma
in 1998. His best-corrected visual acuity is 20/30 in the right eye and
20/200 in the left. His ophthalmologist examined him in 2002 and
stated, ``In my opinion he has adequate vision to operate a commercial
vehicle.'' Mr. Hammann reported that he has driven straight trucks for
44 years, accumulating 1.8 million miles, tractor-trailer combinations
for 15 years, accumulating 1.2 million miles, and buses for 44 years,
accumulating 2.6 million miles. He holds a Class BCDM CDL from
Wisconsin. His driving record for the last 3 years shows no accidents
or convictions for moving violations in a CMV.
12. Carl M. Hill
Mr. Hill, 68, has had a histoplasmosis scar in his left eye since
childhood. His best-corrected visual acuity is 20/20 in his right eye
and 20/100 in the left. An optometrist examined him in 2002 and stated,
``In my opinion, Mr. Hill has sufficient vision to operate a commercial
vehicle.'' Mr. Hill reported that he has driven straight trucks for 3
years, accumulating 3,000 miles, tractor-trailer combinations for 13
years, accumulating 975,000 miles, and buses for 1 year, accumulating
5,000 miles. He holds a Class A CDL from California. His driving record
for the last 3 years shows no accidents or convictions for moving
violations in a CMV.
13. David A. Hiller
Mr. Hiller, 53, 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 2002, his optometrist stated, ``It is my
professional opinion that Mr. Hiller's visual condition has not
previously affected his ability to operate a commercial motor vehicle
nor should it affect any further performance.'' Mr. Hiller submitted
that he has driven straight trucks for 34 years, accumulating 3.2
million miles. He holds a Class A CDL from Minnesota. His driving
record shows no accidents or convictions for moving violations in a CMV
during the last 3 years.
14. Billy L. Johnson
Mr. Johnson, 25, has amblyopia in his left eye. His best-corrected
visual acuity in the right eye is 20/20 and in the left, 20/60-2. His
optometrist examined him in 2002 and certified, ``I do feel, in my
opinion, that he does have sufficient vision to perform commercial
driving tasks and it is the same now as over the past few years.'' Mr.
Johnson submitted that he has driven tractor-trailer combinations for 4
years, accumulating 270,000 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.
15. Christopher J. Kane
Mr. Kane, 44, has retinal scarring in his left eye due to injury at
age 12. His best-corrected visual acuity is 20/20 in the right eye and
20/80--in the left. Following an examination in 2002, his optometrist
stated, ``I would certify Mr. Kane's vision as sufficient for operating
a commercial vehicle.'' Mr. Kane reported that he has driven straight
trucks for 2 years, accumulating 28,000 miles, and tractor-trailer
combinations for 4 years, accumulating 158,000 miles. He holds a Class
A CDL from Vermont. His driving record shows no accidents or
convictions for moving violations in a CMV during the last 3 years.
16. Jack E. Kettner
Mr. Kettner, 33, experienced optic atrophy in his left eye due to
tumor resection in 1992. His best-corrected visual acuity is 20/20 in
the right eye and counting fingers in the left. An optometrist examined
him in 2002 and certified, ``Jack Kettner has sufficient vision to
perform commercial driving tasks.'' Mr. Kettner submitted that he has
driven straight trucks for 10 years, accumulating 150,000 miles. He
holds a Class B CDL from Florida. His driving record for the last 3
years shows no accidents or convictions for moving violations in a CMV.
17. Wallace F. Mahan, Sr.
Mr. Mahan, 63, experienced a retinal vein occlusion in his right
eye in 1998. His best-corrected visual acuity is 20/400+1 in the right
eye and 20/25+3 in the left. Following an examination in 2002, his
ophthalmologist certified, ``It is my medical opinion that the patient
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Mahan reported that he has driven tractor-
trailer combinations for 40 years, accumulating 1.6 million miles. He
holds a Class A CDL from Maine. His driving record for the last 3 years
shows no accidents or convictions for moving violations in a CMV.
18. James R. Petre
Mr. Petre, 50, has counting fingers vision in his left eye due to a
childhood injury. His best-corrected visual acuity in the right eye is
20/20. His optometrist examined him in 2002 and stated, ``I do certify
in my opinion, that Mr. James Petre has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr. Petre
submitted that he has driven straight trucks for 30 years, accumulating
600,000 miles. Mr. Petre 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.
19. William E. Reveal
Mr. Reveal, 37, has a retinal detachment in his right eye resulting
from a congenital condition. His best-corrected visual acuity in the
left eye is
[[Page 10304]]
20/20 and in the right, hand motions. His optometrist examined him in
2002 and stated, ``Due to the clarity of Mr. Reveal's vision in the
left eye, and his life long adaptation to the reduction of vision in
his right eye, it is my opinion that his vision is sufficient to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Reveal reported that he has driven straight trucks for 14 years,
accumulating 420,000 miles. He holds a Class B CDL from Ohio. His
driving record shows no accidents and two convictions for moving
violations--speeding and ``failure to obey a traffic control device/
sign''--in a CMV. He exceeded the speed limit by 10 mph.
20. Robert P. Sanderson
Mr. Sanderson, 59, is blind in his left eye due to a central
retinal artery occlusion that occurred in 1998. His best-corrected
visual acuity in the right eye is 20/20. His ophthalmologist examined
him in 2002 and certified, ``Mr. Sanderson's visual acuity in his good
eye is stable and I feel he has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Sanderson
submitted that he has driven straight trucks for 15 years, accumulating
300,000 miles, and tractor-trailer combinations for 30 years,
accumulating 2.4 million miles. He holds a Class A CDL from Vermont.
His driving record for the last 3 years shows no accidents or
convictions for moving violations in a CMV.
21. Janusz Tyrpien
Mr. Tyrpien, 45, has had a chorio-retinal scar in his left eye
since 1998. His best-corrected visual acuity in the right eye is 20/20
and in the left, 20/50. An optometrist examined him in 2002 and stated,
``It is my opinion that he has sufficient vision to perform the tasks
required to operate a commercial vehicle.'' Mr. Tyrpien reported that
he has driven tractor-trailer combinations for 3 years, accumulating
300,000 miles. He holds a Class A CDL from Florida. His driving record
shows no accidents or convictions for moving violations in a CMV during
the last 3 years.
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: February 24, 2003.
Pamela M. Pelcovits,
Acting Associate Administrator for Policy and Program Development.
[FR Doc. 03-5017 Filed 3-3-03; 8:45 am]
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