[Federal Register: June 23, 2003 (Volume 68, Number 120)]
[Notices]
[Page 37197-37201]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23jn03-108]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2003-15268]
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
36 individuals for an exemption from the vision requirement in the
Federal Motor Carrier Safety Regulations. If granted, the exemptions
will enable these individuals to qualify as drivers of commercial motor
vehicles (CMVs) in interstate commerce without meeting the vision
standard prescribed in 49 CFR 391.41(b)(10).
DATES: Comments must be received on or before July 23, 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
[[Page 37198]]
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 36 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. Gene E. Adams
Mr. Adams, 64, has amblyopia in his right eye. His best-corrected
visual acuity in the right eye is 20/70 and in the left, 20/20.
Following an examination in 2003, his optometrist certified, ``It is my
professional opinion that Mr. Adams has adequate vision to operate a
commercial vehicle.'' Mr. Adams reported that he has driven straight
trucks for 46 years, accumulating 138,000 miles, and tractor-trailer
combinations for 23 years, accumulating 2.5 million miles. He holds a
Class AMV CDL from Alabama. His driving record for the last 3 years
shows no accidents or convictions for moving violations in a CMV.
2. Morris R. Beebe
Mr. Beebe, 36, has a damaged retina in his right eye due to injury
at age 6. His visual acuity in the right eye is 20/80 and in the left,
20/20. Following an examination in 2002, his optometrist certified,
``It is my belief that Morris has sufficient vision and visual field
perception in both eyes to be able to operate with a CDL license.'' Mr.
Beebe reported that he has driven straight trucks for 4 months,
accumulating 38,000 miles, and tractor-trailer combinations for 2 years
8 months, accumulating 350,000 miles. He holds a Class A CDL from
Colorado. His driving record for the last 3 years shows no accidents or
convictions for moving violations in a CMV.
3. William V. Beekler
Mr. Beekler, 59, had a branch artery occlusion in his right eye in
1993. His visual acuity in the right eye is hand motions and in the
left, 20/20 with correction. His optometrist examined him in 2003 and
certified, ``In my opinion, Mr. Beekler has sufficient visual function
required to operate a commercial vehicle.'' Mr. Beekler submitted that
he has driven straight trucks and tractor-trailer combinations for 42
years, accumulating 840,000 miles in the former and 4.2 million miles
in the latter. He holds a Class A CDL from New Jersey. His driving
record for the last 3 years shows no accidents or convictions for
moving violations in a CMV.
4. Jerry W. Branning
Mr. Branning, 58, lost his left eye due to trauma in 1983. His
visual acuity in the right eye is 20/20. Following an examination in
2003, his optometrist certified, ``In my opinion Mr. Branning has
sufficient vision to exercise the privileges and responsibilities of
operating a commercial vehicle.'' Mr. Branning reported that he has
driven straight trucks for 28 years, accumulating 4.8 million miles. He
holds a Class A CDL from New Mexico. 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.
5. Dennis R. Burda
Mr. Burda, 55, 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 2003, his optometrist certified, ``It is
our judgment that Mr. Burda's vision is good enough to operate a
commercial vehicle with no restrictions day or night.'' Mr. Burda
submitted that he has driven straight trucks for 37 years, accumulating
742,000 miles, and tractor-trailer combinations for 5 years,
accumulating 101,000 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.
6. James A. Busbin, Jr.
Mr Busbin, 48, has an enlarged blind spot in his right eye
resulting from an injury at age 4. His best-corrected visual acuity in
the right eye is 20/50 and in the left, 20/16. Following an examination
in 2003, his optometrist certified, ``In my opinion, this individual
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Busbin reported that he has driven straight
trucks for 3 years, accumulating 150,000 miles. He holds a Class DM
driver's license from Alabama. His driving record for the last 3 years
shows no accidents or convictions for moving violations in a CMV.
7. Domenic J. Carassai
Mr. Carassai, 44, has amblyopia in his right eye. His visual acuity
in the right eye is 20/70 and in the left, 20/20. His ophthalmologist
examined him in 2002 and stated, ``In our opinion, Mr. Carassai's
vision is good enough to operate a commercial vehicle.'' Mr. Carassai
reported that he has driven straight trucks for 15 years, accumulating
360,000 miles. He holds a Class A CDL from New Jersey. His driving
record shows no accidents or convictions for moving violations in a CMV
during the last 3 years.
8. Theodore W. Cozat
Mr. Cozat, 60, lost his right eye at age 10 due to a congenital
birth defect. His visual acuity in the left eye is 20/20. Following an
examination in 2003, his optometrist certified, ``In my medical opinion
he has the vision to operate a commercial vehicle safely, as he has
done so, for the past 29 years with a reportedly clean driving
record.'' Mr. Cozat reported that he has driven tractor-trailer
combinations for 9 years, accumulating 900,000 miles. He holds a Class
CA CDL from Michigan. His driving record for the last 3 years shows no
accidents or convictions for moving violations in a CMV.
9. Todd L. Dewey
Mr. Dewey, 35, has had optic nerve hypoplasia in his right eye for
4 years. His best-corrected visual acuity in the right eye is 20/400
and in the left, 20/30. Following an examination in 2002, his
optometrist certified, ``Based on the above findings, Mr. Dewey appears
to have sufficient vision to perform the driving tasks associated with
driving a commercial motor vehicle.'' Mr. Dewey reported that he has
driven straight trucks for 14 years, accumulating 345,000 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.
10. John F. Dougherty
Mr. Dougherty, 59, 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 stated, ``Mr.
Dougherty, due to his congenital refractive amblyopia does have reduced
acuity and peripheral vision. Binocular vision quality is also reduced
due to the amblyopia. These
[[Page 37199]]
reductions are however not new for Mr. Dougherty. Given his awareness
of them and his otherwise excellent visual findings, I feel he does
have sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Dougherty reported that he has driven
straight trucks for 8 years, accumulating 356,000 miles. He holds a
Class C driver's license from Pennsylvania. His driving record for the
last 3 years shows no accidents or convictions for moving violations in
a CMV.
11. Fred W. Duran
Mr. Duran, 49, has decreased vision in his left eye due to injury
at the age of 9. His visual acuity in the right eye is 20/15 and in the
left, 20/100. His ophthalmologist examined him in 2002 and stated, ``I
certify that in my opinion, Fred Duran has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr. Duran
reported that he has driven straight trucks for 2 years, accumulating
25,000 miles, and tractor-trailer combinations for 26 years,
accumulating 975,000 miles. He holds a Class A CDL from Mississippi.
His driving record shows no accidents or convictions for moving
violations in a CMV during the last 3 years.
12. Paul J. Edwards, Sr.
Mr. Edwards, 65, developed a serous detachment of the macula in his
left eye in 1977. His best-corrected visual acuity in the right eye is
20/25 and in the left, counting fingers. His ophthalmologist examined
him in 2002 and certified, ``I believe he has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Edwards reported that he has driven straight trucks and tractor-
trailer combinations for 20 years, accumulating 100,000 miles in the
former and 1.8 million miles in the latter. He holds a Class A CDL from
Virginia. His driving record for the last 3 years shows one accident
and two convictions for moving violations in a CMV. The moving
violations were ``failure to obey highway sign'' and exceeding the
speed limit by 17 mph. The accident occurred when another driver
changed lanes, striking Mr. Edward's vehicle. The other driver was
charged with ``improper lane change.'' Mr. Edwards was not cited.
13. William R. Evridge
Mr. Evridge, 38, has optic atrophy of the left eye resulting from
trauma at age 9. His best-corrected visual acuity in the right eye is
20/20 and in the left, 20/200. Following an examination in 2003, his
optometrist certified, ``It is my opinion that Mr. Evridge has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Evridge reported that he has driven straight
trucks for 3 years, accumulating 30,000 miles, and tractor-trailer
combinations for 22 years, accumulating 1.3 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.
14. Kenneth J. Fisk
Mr. Fisk, 42, has a cataract in his right eye due to injury at age
7. His best-corrected visual acuity is 20/60 in the right eye and 20/20
in the left. Following an examination in 2003, his ophthalmologist
certified, ``Given present medical findings in patient's 20-year
history of commercial licensure without accident, I would feel the
patient has sufficient vision to perform his career tasks.'' Mr. Fisk
reported that he has driven straight trucks for 3 years, accumulating
225,000 miles, and tractor-trailer combinations for 15 years,
accumulating 1.5 million miles. He holds a Class CA CDL from Michigan.
His driving record for the last 3 years shows no accidents and two
convictions for moving violations--exceeding the speed limit by 10 mph
and ``impeding traffic''--in a CMV.
15. Leslie W. Good
Mr. Good, 49, has congenital optic nerve hypoplasia in his left
eye. His best-corrected visual acuity in the right eye is counting
fingers and in the left, 20/15. Following an examination in 2002, his
optometrist certified, ``His vision is adequate for safe operation of a
commercial vehicle.'' Mr. Good reported that he has driven straight
trucks for 8 years, accumulating 61,000 miles, and tractor-trailer
combinations for 12 years, accumulating 342,000 miles. He holds a Class
A CDL from Oregon. His driving record for the last 3 years shows no
accidents or convictions for moving violations in a CMV.
16. Michael E. Grens
Mr. Grens, 56, has reduced vision in his right eye due to trauma in
1979. His best-corrected visual acuity in the right eye is 20/400 and
in the left, 20/15. Following an examination in 2002, his optometrist
certified, ``It appears that Michael Grens has sufficient vision with
both eyes to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Grens submitted that he has driven straight trucks for
25 years, accumulating 1.9 million miles, tractor-trailer combinations
for 8 years, accumulating 800,000 miles, and buses for 3 years,
accumulating 15,000 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.
17. Rodney P. Hains
Mr. Hains, 42, has had macular scarring in his left eye since 1999.
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,
``It is my opinion that you have sufficient vision to safely operate a
commercial vehicle.'' Mr. Hains reported that he has driven tractor-
trailer combinations for 15 years, accumulating 1.8 million miles. He
holds a Class A CDL from North Dakota. His driving record for the last
3 years shows no accidents or convictions for moving violations in a
CMV.
18. Bruce E. Hemmer
Mr. Hemmer, 42, has had a corneal scar in his left eye since birth.
His best-corrected visual acuity in the right eye is 20/15 and in the
left, 20/200. Following an examination in 2002, his ophthalmologist
stated, ``In my medical opinion, it is safe for you to drive a
commercial vehicle.'' Mr. Hemmer submitted that he has driven straight
trucks and tractor-trailer combinations for 20 years, accumulating 1.0
million miles in the former and 1.6 million miles in the latter. He
holds a Class ABCD CDL from Wisconsin. His driving record for the last
3 years shows no accidents or convictions for moving violations in a
CMV.
19. Steven P. Holden
Mr. Holden, 33, lost his left eye due to trauma at age 9. His
visual acuity in the right eye is 20/15. Following an examination in
2003, his optometrist certified, ``I do believe he has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Holden reported that he has driven straight trucks and
tractor-trailer combinations for 11 years, accumulating 165,000 miles
in the former and 1.9 million miles in the latter. 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.
20. Russell R. Inlow
Mr. Inlow, 57, 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 optometrist certified, ``In my
medical opinion, Mr. Inlow has
[[Page 37200]]
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Inlow reported that he has driven straight
trucks for 10 years, accumulating 650,000 miles. He holds a Class E
driver's license from Missouri. His driving record for the last 3 years
shows no accidents or convictions for moving violations in a CMV.
21. Christopher G. Jarvela
Mr. Jarvela, 35, has amblyopia in his left eye. His best-corrected
visual acuity in the right eye is 20/25 and in the left, 20/200. His
optometrist examined him in 2003 and stated, ``It is my conclusion
based on his visual acuity and his field of vision, that Mr. Jarvela
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Jarvela reported that he has driven
tractor-trailer combinations for 10 years, accumulating 400,000 miles.
He holds a Class CA CDL from Michigan. His driving record shows no
accidents or convictions for moving violations in a CMV during the last
3 years.
22. Henry Joiner
Mr. Joiner, 53, has counting fingers vision in his left eye due to
a congenital cataract. His best-corrected visual acuity in the right
eye is 20/20. Following an examination in 2003, his ophthalmologist
certified, ``Mr. Joiner has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Joiner reported
that he has driven straight trucks and tractor-trailer combinations for
20 years, accumulating 300,000 miles in the former, and 500,000 miles
in the latter. He holds a Class A CDL from Mississippi. His driving
record for the last 3 years shows no accidents or convictions for
moving violations in a CMV.
23. Darrell D. Kropf
Mr. Kropf, 28, has amblyopia in his left eye. The visual acuity in
his right eye is 20/15 and in the left, 20/400. His optometrist
examined him in 2003 and certified, ``In my opinion, Mr. Kropf is
capable of driving commercial vehicles with the use of outside
mirrors.'' Mr. Kropf submitted that he has driven tractor-trailer
combinations for 4 years, accumulating 300,000 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--``failure to obey
stop sign''--in a CMV.
24. Brad L. Mathna
Mr. Mathna, 45, lost his left eye due to an injury that occurred in
1981. His visual acuity in the right eye is 20/15. Following an
examination in 2002, his optometrist certified, ``In my opinion, Mr.
Mathna is able to operate a commercial vehicle at this time and has
sufficient vision to perform the driving tasks required.'' Mr. Mathna
reported that he has driven tractor-trailer combinations for 27 years,
accumulating 2.2 million 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.
25. William G. McClam
Mr. McClam, 45, has had a history of injury to his left eye since
1971. 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 professional opinion Mr. McClam has sufficient
vision to continue to perform the driving tasks required to operate a
commercial vehicle.'' Mr. McClam reported that he has driven tractor-
trailer combinations for 24 years, accumulating 1.7 million miles. He
holds a Class A CDL from South Carolina. 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.
26. Vincent P. Miller
Mr. Miller, 42, is blind in his right eye due to an injury 17 years
ago. His best-corrected visual acuity in the left eye is 20/20. His
optometrist examined him in 2003 and certified, ``In my professional
opinion, Mr. Miller has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Miller reported that he
has driven straight trucks for 7 years, accumulating 52,000 miles, and
tractor-trailer combinations for 6 years, accumulating 135,000 miles.
He holds a Class A CDL from California. His driving record shows no
accidents or convictions for moving violations in a CMV during the last
3 years.
27. Warren J. Nyland
Mr. Nyland, 57, had a retinal detachment in his left eye at the age
of 13. His best-corrected visual acuity in the right eye is 20/15 and
in the left, light perception. Following an examination in 2002, his
optometrist certified, ``It is my medical opinion that Mr. Nyland has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Nyland submitted that he has driven straight
trucks for 38 years, accumulating 570,000 miles, and tractor-trailer
combinations for 15 years, accumulating 75,000 miles. 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.
28. Dennis M. Prevas
Mr. Prevas, 46, had a stroke in his left eye in 1983. His visual
acuity in the right eye is 20/16 and in the left, hand motions.
Following an examination in 2002, his optometrist certified, ``I feel
Mr. Prevas has sufficient vision to perform the driving tasks required
to operate a commercial vehicle.'' Mr. Prevas reported that he has
driven tractor-trailer combinations for 18 years, accumulating 630,000
miles. He holds a Class AM CDL from Iowa. His driving record for the
last 3 years shows no accidents and one conviction for a moving
violation--``following too closely''--in a CMV.
29. Terry B. Pritchett
Mr. Pritchett, 55, lost his right eye due to injury at age 11. His
visual acuity in the left eye is 20/20 with correction. Following an
examination in 2002, his optometrist certified, ``In my medical
opinion, Terry Pritchett has sufficient vision to perform all tasks
necessary for a commercial driver.'' Mr. Pritchett reported that he has
driven straight trucks for 25 years, accumulating 650,000 miles. He
holds a Class B CDL from Georgia. His driving record for the last 3
years shows no accidents or convictions for moving violations in a CMV.
30. Greg L. Riles
Mr. Riles, 52, has counting fingers vision in his right eye due to
an injury in 1956. His best-corrected visual acuity in the left eye is
20/15. Following an examination in 2003, his optometrist certified,
``At this time I would certify in my medical opinion that Mr. Riles has
more than sufficient vision to perform the driving tasks required to
operate a commercial vehicle in a safe manner.'' Mr. Riles reported
that he has driven straight trucks for 30 years, accumulating 36,000
miles, and tractor-trailer combinations for 6 years, accumulating
600,000 miles. He holds a Class A CDL from Iowa. 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 14 mph.
31. Dwayne L. Sandlin
Mr. Sandlin, 43, incurred a macular scar in his left eye due to
histoplasmosis in 1996. His best-corrected visual acuity in the right
eye is 20/20 and in the left,
[[Page 37201]]
20/200. Following an examination in 2002, his ophthalmologist
certified, ``In my medical opinion, he has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr.
Sandlin reported that he has driven straight trucks for 15 years,
accumulating 157,000 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.
32. Jon D. Schwengel
Mr. Schwengel, 60, 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, ``He
is visually capable of handling driving tasks. I would trust him fully
with any multiple axle vehicle.'' Mr. Schwengel reported that he has
driven tractor-trailer combinations for 10 years, accumulating 800,000
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.
33. Steven R. Smith
Mr. Smith, 45, has had a serous maculopathy in his right eye since
1988. His best-corrected visual acuity in the right eye is counting
fingers and in the left, 20/20. Following an examination in 2003, his
ophthalmologist stated, ``In my medical opinion, Mr. Smith has visual
acuity sufficient to perform driving tasks required to operate a
commercial vehicle.'' Mr. Smith reported that he has driven straight
trucks for 18 years, accumulating 198,000 miles, tractor-trailer
combinations for 14 years, accumulating 1.5 million miles, and buses
for 1 year, accumulating 57,000 miles. He holds a Class A CDL from
Idaho. His driving record for the last 3 years shows no accidents or
convictions for moving violations in a CMV.
34. Calvin D. Tomlinson
Mr. Tomlinson, 43, experienced a retinal detachment in his right
eye in 1974. His best-corrected visual acuity in the right eye is 20/
100 and in the left, 20/20. His optometrist examined him in 2003 and
certified, ``I believe Mr. Tomlinson would have sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Tomlinson submitted that he has driven straight trucks for 14
years, accumulating 840,000 miles. He holds a Class A CDL from
Kentucky. His driving record for the last 3 years shows no accidents
and two convictions for speeding in a CMV. Mr. Tomlinson exceeded the
speed limit by 17 mph in one instance and 11 mph in the other.
35. Mona J. van Krieken
Ms. van Krieken, 45, lost her right eye due to an accident 20 years
ago. Her best-corrected visual acuity in the left eye is 20/20. An
ophthalmologist examined her in 2002 and certified, ``In my opinion,
she has sufficient vision to perform driving tasks as required by an
operator of a commercial vehicle.'' Ms. van Krieken reported that she
has driven straight trucks for 5 years, accumulating 32,000 miles, and
tractor-trailer combinations for 11 years, accumulating 275,000 miles.
She holds a Class A CDL from Oregon. Her driving record shows no
accidents or convictions for moving violations in a CMV during the last
3 years.
36. Paul S. Yocum
Mr. Yocum, 38, has amblyopia in his left eye. His visual acuity in
the right eye is 20/20 and in the left, 20/200. Following an
examination in 2003, his ophthalmologist certified, ``In my medical
opinion, Mr. Yocum has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Yocum reported that he
has driven straight trucks for 7 years, accumulating 56,000 miles. He
holds a chauffeur's license from Indiana. 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: June 17, 2003.
Pamela M. Pelcovits,
Acting Associate Administrator, Policy and Program Development.
[FR Doc. 03-15696 Filed 6-20-03; 8:45 am]
