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[Federal Register: December 24, 2003 (Volume 68, Number 247)]
[Notices]
[Page 74699-74703]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24de03-168]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2003-16564]
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
29 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 January 23, 2004.
ADDRESSES: You may submit comments identified by DOT DMS Docket Number
FMCSA-2003-16564 by any of the following methods:
[sbull] Web site: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=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,
[[Page 74700]]
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://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&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://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&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://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://dms.dot.gov
at any time or to Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
FOR FURTHER INFORMATION CONTACT: Ms. Sandra Zywokarte, Office of Bus
and Truck Standards and Operations, (202) 366-2987, FMCSA, Department
of Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001.
Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through
Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Public Participation: The DMS is available 24 hours each day, 365
days each year. You can get electronic submission and retrieval help
guidelines under the ``help'' section of the DMS Web site. If you want
us to notify you that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review the
Department of Transportation's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (Volume 65, Number 70;
Pages 19477-78) or you may visit
http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=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 29 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. Lee A. Burke
Mr. Burke, age 46, has a corneal scar in his right eye due to a
childhood injury. His best-corrected visual acuity in the right eye is
20/70 and in the left, 20/15. Following an examination in 2003, his
ophthalmologist certified, ``In summary, it is my medical opinion that
Mr. Burke has very good vision with both eyes open. I have no concern
about his abilities to safely operate a commercial vehicle.'' Mr. Burke
reported that he has driven straight trucks for 28 years, accumulating
112,000 miles. He holds a Class D driver's license from Wisconsin. His
driving record for the last 3 years shows no crashes or convictions for
moving violations in a CMV.
2. Barton C. Caldara
Mr. Caldara, 37, has amblyopia in his right eye. His best-corrected
visual acuity in the right eye is 20/150 and in the left, 20/20. His
ophthalmologist examined him in 2003 and stated, ``I believe Mr.
Caldara has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Caldara reported that he has driven
tractor-trailer combinations for 13 years, accumulating 325,000 miles.
He holds a Class ABCDM CDL from Wisconsin. His driving record for the
last 3 years shows no crashes or convictions for moving violations in a
CMV.
3. Terrance F. Case
Mr. Case, 59, has amblyopia in his left eye. His best-corrected
visual acuity in the right eye is 20/20 and in the left, 20/200.
Following an examination in 2003, his optometrist stated, ``He has
functioned normally all his life with this vision and in my
professional opinion he has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Case submitted
that he has driven straight trucks for 28 years, accumulating 308,000
miles, and tractor-trailer combinations for 5 years, accumulating
350,000 miles. He holds a Class A CDL from Maine. His driving record
for the last 3 years shows no crashes or convictions for moving
violations in a CMV.
4. Lawrence M. Daley
Mr. Daley, 55, has had a central field defect in his left eye due
to histoplasmosis since 1997. His best-corrected visual acuity in the
right eye is 20/20 and in the left, 20/150. Following an examination in
2003, his ophthalmologist certified, ``In light of Mr. Daley having
operated a commercial vehicle safely for the last 6 years with this
condition, I feel he has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Daley reported that he
has driven straight trucks for 3 years, accumulating 150,000 miles, and
tractor-trailer combinations for 30 years, accumulating 300,000 miles.
He holds a Class D driver's license from South Carolina. His driving
record for the last 3 years shows no crashes or convictions for moving
violations in a CMV.
5. Allan Darley
Mr. Darley, 44, has amblyopia in his left eye. His best-corrected
visual acuity in the right eye is 20/20 and in the left, 20/125.
Following an examination in 2003, his ophthalmologist stated,
``According to findings of my examination, I feel that he would,
therefore, qualify to have sufficient vision to perform his driving
tasks as required for operating a commercial vehicle.'' Mr. Darley
submitted that he has driven straight trucks for 23 years, accumulating
460,000 miles, and tractor-trailer combinations for 18 years,
accumulating 360,000 miles. He holds a Class A CDL from Utah. His
driving record for the last 3 years shows no crashes or convictions for
moving violations in a CMV.
6. Charley Davis
Mr. Davis, 50, lost his left eye due to an injury 30 years ago. His
visual acuity in the right eye is 20/20. Following an examination in
2003, his optometrist certified, ``In my opinion, due to his excellent
visual acuity, good peripheral vision, and many years of driving
experience, he has sufficient vision for driving a commercial
vehicle.'' Mr. Davis reported that he has driven tractor-trailer
combinations for 29 years, accumulating 3.5 million miles. He
[[Page 74701]]
holds a Class A CDL from Oklahoma. His driving record for the last 3
years shows no crashes or convictions for moving violations in a CMV.
7. Ray L. Emert
Mr. Emert, 44, lost his left eye due to an injury in 1982. His
visual acuity in the right eye is 20/20. Following an examination in
2003, his optometrist certified, ``It is my opinion that Mr. Emert has
sufficient and stable vision to perform any tasks needed to drive a
commercial vehicle.'' Mr. Emert reported that he has driven straight
trucks for 9 years, accumulating 765,000 miles, and tractor-trailer
combinations for 8 years, accumulating 960,000 miles. He holds a Class
AM CDL from Pennsylvania. His driving record for the last 3 years shows
no crashes or convictions for moving violations in a CMV.
8. Robin S. England
Mr. England, 40, is blind in his left eye due to an accident at age
11. The visual acuity in his right eye is 20/20. His optometrist
examined him in 2003 and certified, ``In my opinion, Mr. English has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. England submitted that he has driven straight
trucks and tractor-trailer combinations for 23 years, accumulating 1.2
million miles in the former and 2.9 million miles in the latter. He
holds a Class A CDL from Georgia. His driving record for the last 3
years shows no crashes or convictions for moving violations in a CMV.
9. Jessie W. Ford
Mr. Ford, 58, has a corneal scar in his right eye due to trauma 42
years ago. His visual acuity in the right eye is 20/200 and in the
left, 20/20. His optometrist examined him in 2003 and certified, ``It
is my medical opinion that Mr. Ford has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr. Ford
reported that he has driven straight trucks for 39 years, accumulating
1.7 million miles, and tractor-trailer combinations for 29 years,
accumulating 1.5 million miles. He holds a Class A CDL from Louisiana.
His driving record shows no crashes or convictions for moving
violations in a CMV during the last 3 years.
10. Richard Hailey, Jr.
Mr. Hailey, 48, is blind in his right eye due to an injury at age
9. His visual acuity in the left eye is 20/20. Following an examination
in 2003, his ophthalmologist certified, ``In my opinion, Mr. Hailey has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Hailey reported that he has driven buses for
6 years, accumulating 84,000 miles. He holds a Class D operator's
license from the District of Columbia currently, but at the time of his
application he held a Class B CDL, now expired. His driving record for
the last 3 years shows no crashes or convictions for moving violations
in a CMV.
11. Spencer N. Haugen
Mr. Haugen, 55, has amblyopia in his right eye. The visual acuity
in his right eye is 20/600 and in the left, 20/20. Following an
examination in 2003, his optometrist stated, ``In my opinion, he has
sufficient vision to perform required driving tasks and has sufficient
vision to operate a commercial vehicle.'' Mr. Haugen submitted that he
has driven straight trucks and tractor-trailer combinations for 35
years, accumulating 280,000 miles in the former and 2.1 million miles
in the latter. He holds a Class AM CDL from North Dakota. His driving
record shows no crashes or convictions for moving violations in a CMV
during the last 3 years.
12. Thomas R. Hedden
Mr. Hedden, 49, lost his right eye due to an injury in 1956. His
best-corrected visual acuity in the left eye is 20/20. Following an
examination in 2003, his optometrist certified, ``I certify in my
medical opinion, Mr. Hedden has adequate vision in his left eye to
allow him to operate a commercial vehicle safely.'' Mr. Hedden reported
that he has driven straight trucks and tractor-trailer combinations for
30 years, accumulating 300,000 miles in each, and buses for 1 year,
accumulating 500 miles. He holds a Class A CDL from Illinois. His
driving record for the last 3 years shows no crashes or convictions for
moving violations in a CMV.
13. William G. Hix
Mr. Hix, 49, lost his left eye due to an injury in 1994. His visual
acuity in the right eye is 20/15. His optometrist examined him in 2003
and certified, ``In my opinion, Mr. Hix does have sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Hix reported that he has driven straight trucks for 25 years,
accumulating 200,000 miles, and tractor-trailer combinations for 20
years, accumulating 80,000 miles. He holds a Class A CDL from Arkansas.
His driving record for the last 3 years shows no crashes or convictions
for moving violations in a CMV.
14. Robert V. Hodges
Mr. Hodges, 53, has amblyopia in his left eye. His visual acuity in
the right eye is 20/20 and in the left, 20/800. His ophthalmologist
examined him in 2003 and stated, ``To summarize, I certify that Mr.
Hodges has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Hodges reported that he has driven
straight trucks and tractor-trailer combinations for 32 years,
accumulating 320,000 miles in the former and 1.3 million miles in the
latter. He holds a Class A CDL from Illinois. His driving record shows
no crashes or convictions for moving violations in a CMV during the
last 3 years.
15. Jay W. Jarvis
Mr. Jarvis, 53, has amblyopia in his left eye. The best-corrected
visual acuity in his right eye is 20/20 and in the left, 20/100. His
optometrist examined him in 2003 and stated, ``At this time Mr. Jarvis
has sufficient distance and peripheral field of vision to perform the
driving tasks that he has been performing during the past nine and a
half years. Mr. Jarvis' driving record shows his ability to operate
commercial vehicles without any contraindications.'' Mr. Jarvis
reported that he has driven tractor-trailer combinations for 18 years,
accumulating 1.8 million miles. He holds a Class A CDL from Florida.
His driving record for the last 3 years shows no crashes or convictions
for moving violations in a CMV.
16. George R. Knavel
Mr. Knavel, 63, experienced a retinal detachment in his left eye at
age 10. The visual acuity in his right eye is 20/15 and in the left,
hand motion. His ophthalmologist examined him in 2003 and certified,
``It is my medical opinion that he should be allowed to continue to
drive commercially, and would request that you renew his operating
license.'' Mr. Knavel reported that he has driven straight trucks for 3
years, accumulating 75,000 miles, and tractor-trailer combinations for
42 years, accumulating 4.6 million miles. He holds a Class A CDL from
Utah. His driving record for the last 3 years shows no crashes or
convictions for moving violations in a CMV.
17. John R. Knott, III
Mr. Knott, 47, lost his right eye due to trauma at age 8. The
visual acuity in his left eye is 20/20. Following an examination in
2003 his ophthalmologist stated, ``I informed the patient that as long
as he continues to turn his head to the right in order to
[[Page 74702]]
fully visualize objects to his right, that he should be able to
continue to operate a commercial vehicle safely.'' Mr. Knott reported
that he has driven tractor-trailer combinations for 21 years,
accumulating 2.0 million miles. He holds a Class AM CDL from Maryland.
His driving record for the last 3 years shows no crashes or convictions
for moving violations in a CMV.
18. Duane R. Krug
Mr. Krug, 59, has amblyopia in his left eye. His best-corrected
visual acuity in the right eye is 20/20 and in the left, 20/80.
Following an examination in 2003, his optometrist certified, ``I
certify that, in my professional opinion, Mr. Krug has adequate vision
to safely operate a commercial vehicle.'' Mr. Krug reported that he has
driven straight trucks for 11 years, accumulating 275,000 miles. He
holds a Class B CDL from Illinois. His driving record for the last 3
years shows no crashes or convictions for moving violations in a CMV.
19. Eric M. Moats, Sr.
Mr. Moats, 34, lost his left eye due to an injury 27 years ago. His
visual acuity in the right eye is 20/15. Following an examination in
2003, his ophthalmologist certified, ``I see no difficulty in having
this patient operate a commercial vehicle, since he has sufficient
vision, color vision, and visual field.'' Mr. Moats reported that he
has driven straight trucks for 8 years, accumulating 260,000 miles. He
holds a Class B CDL from Maryland. His driving record for the last 3
years shows no crashes or convictions for moving violations in a CMV.
20. Lester T. Papke
Mr. Papke, 61, 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, ``In my
opinion, this patient's vision is stable and does not restrict him in
the operation of a commercial vehicle.'' Mr. Papke submitted that he
has driven straight trucks for 20 years, accumulating 400,000 miles,
and tractor-trailer combinations for 20 years, accumulating 1.0 million
miles. He holds a Class A CDL from Montana. His driving record for the
last 3 years shows no crashes or convictions for moving violations in a
CMV.
21. Edward D. Pickle
Mr. Pickle, 60, lost his left eye due to trauma at age 2. His best-
corrected visual acuity in the right eye is 20/15. His optometrist
examined him in 2003 and stated, ``From his past record and considering
our findings, I would conclude that Mr. Pickle has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Pickle reported that he has driven straight trucks for 10 years,
accumulating 250,000 miles, and tractor-trailer combinations for 10
years, accumulating 500,000 miles. He holds a Class AM CDL from
Georgia. His driving record for the last 3 years shows no crashes or
convictions for moving violations in a CMV.
22. Charles D. Pointer
Mr. Pointer, 61, is blind in his left eye due to an injury at age
2. His best-corrected visual acuity in the right eye is 20/20.
Following an examination in 2003, his optometrist certified, ``Visual
deficiency is stable and patient does have sufficient vision to perform
driving tasks required for commercial vehicle.'' Mr. Pointer reported
that he has driven straight trucks and tractor-trailer combinations for
6 years, accumulating 30,000 miles in the former and 600 miles in the
latter. He holds a Class A CDL from Georgia. His driving record for the
last 3 years shows no crashes or convictions for moving violations in a
CMV.
23. Richard A. Pruitt
Mr. Pruitt, 46, has amblyopia in his left eye. His best-corrected
visual acuity in the right eye is 20/20 and in the left, 20/60.
Following an examination in 2003, his ophthalmologist certified, ``Our
recommendation is that the patient should be able to drive a commercial
vehicle well with use of glasses.'' Mr. Pruitt reported that he has
driven tractor-trailer combinations for 18 years, accumulating 1.5
million miles. He holds a Class A CDL from Virginia. His driving record
for the last 3 years shows two crashes and no convictions for moving
violations in a CMV. According to the police report for the first
crash, another driver failed to stop before entering the roadway from a
parking lot and struck Mr. Pruitt's vehicle. The other driver was cited
for ``reckless driving.'' According to the police report for the second
crash, Mr. Pruitt's vehicle struck a cow. Mr. Pruitt was not cited in
either crash.
24. Kent S. Reining
Mr. Reining, 30, has amblyopia in his right eye. His best-corrected
visual acuity in the right eye is 20/100 and in the left, 20/15.
Following an examination in 2003 his optometrist certified, ``In my
medical opinion, Kent Reining has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Reining
submitted that he has driven straight trucks for 10 years, accumulating
35,000 miles, and tractor-trailer combinations for 13 years,
accumulating 910,000 miles. He holds a Class A CDL from Illinois. His
driving record for the last 3 years shows no crashes and two
convictions for moving violations--speeding and ``failure to obey a
traffic sign''--in a CMV. He exceeded the speed limit by 13 mph.
25. Bruce K. Robb
Mr. Robb, 48, has amblyopia in his left eye. The visual acuity in
his right eye is 20/20 and in the left, light perception. Following an
examination in 2003 his optometrist certified, ``It is my medical
opinion Mr. Robb has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Robb submitted that he
has driven straight trucks for 8 years, accumulating 320,000 miles, and
tractor-trailer combinations for 10 years, accumulating 900,000 miles.
He holds a Class A CDL from South Dakota. His driving record shows no
crashes or convictions for moving violations in a CMV during the last 3
years.
26. James J. Rouse
Mr. Rouse, 52, has amblyopia in his right eye. His best-corrected
visual acuity in the right eye is counting fingers and in the left, 20/
20. His ophthalmologist examined him in 2003 and certified, ``In my
medical opinion, he has sufficient vision to continue driving
commercial vehicles.'' Mr. Rouse submitted that he has driven straight
trucks for 32 years, accumulating 960,000 miles, tractor-trailer
combinations for 4 years, accumulating 80,000 miles, and buses for 13
years, accumulating 26,000 miles. He holds a Class A CDL from
Pennsylvania. His driving record for the last 3 years shows no crashes
or convictions for moving violations in a CMV.
27. Ronald D. Ulmer
Mr. Ulmer, 56, has amblyopia in his right eye. His best-corrected
visual acuity in the right eye is count fingers and in the left, 20/20.
Following an examination in 2003, his optometrist certified, ``In my
medical opinion, I do think that Ronald has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Ulmer reported that he has driven straight trucks for 12 years,
accumulating 480,000 miles. He holds a Class B CDL from Montana. His
driving record for the last 3 years shows no crashes or convictions for
moving violations in a CMV.
[[Page 74703]]
28. Mitchell A. Webb
Mr. Webb, 52, has amblyopia in his left eye. His best-corrected
visual acuity in the right eye is 20/15 and in the left, 20/400. His
optometrist examined him in 2003 and stated, ``In my opinion, Mr. Webb
has sufficient vision to continue to perform the driving tasks required
to operate a commercial vehicle.'' Mr. Webb reported that he has driven
straight trucks for 30 years, accumulating 900,000 miles, and tractor-
trailer combinations for 20 years, accumulating 100,000 miles. He holds
a Class A CDL from Virginia. His driving record for the past 3 years
shows no crashes or convictions for moving violations in a CMV.
29. Jerry L. Wilder
Mr. Wilder, 39, lost the vision in his right eye due to trauma in
1984. The visual acuity in his left eye is 20/20. Following an
examination in 2003 his ophthalmologist stated, ``It is clear that Mr.
Wilder has normal vision in the left eye, and I see no reason why he
cannot drive safely using the mirrors that are the standard operating
equipment in a truck/vehicle cab. It is clear that Mr. Wilder has been
driving safely commercially for several years, and I feel that he is
well adapted to continue to do so.'' Mr. Wilder reported that he has
driven straight trucks for 4 years, accumulating 376,000 miles, and
tractor-trailer combinations for 11 years, accumulating 1.4 million
miles. He holds a Class A CDL from California. His driving record for
the last 3 years shows no crashes and one conviction for a moving
violation --speeding-- in a CMV. He exceeded the speed limit by 10 mph.
Requests 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: December 12, 2003.
Rose A. McMurray,
Associate Administrator, Policy and Program Development.
[FR Doc. 03-31752 Filed 12-23-03; 8:45 am]
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