WAIS Document Retrieval[Federal Register: April 14, 2000 (Volume 65, Number 73)]
[Notices]
[Page 20245-20251]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ap00-140]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2000-7006]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
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 61 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 May 15, 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.
Background
On October 9, 1999, the Secretary of Transportation transferred the
motor carrier safety functions performed by the Federal Highway
Administration (FHWA) to the Office of Motor Carrier Safety, a new
office created in the DOT. This transfer was performed pursuant to
section 338 of the Fiscal Year 2000 Department of Transportation and
Related Agencies Appropriations Act (Pub. L. 106-69, 113 Stat. 986, at
1022, October 9, 1999, as amended by Pub. L. 106-73, 113 Stat 1046).
The Motor Carrier Safety Improvement Act of 1999 (Pub. L. 106-159, 113
Stat. 1748), transferred the functions to the FMCSA, a new
administration within the DOT, effective January 1, 2000.
Sixty-one 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
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 61
exemption requests on its merits, as required by 49 U.S.C. 31315 and
31136(e), and preliminarily determined that exempting these 30
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. John W. Arnold
Mr. Arnold, 47, 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. Mr.
Arnold was examined in 1999 and his optometrist stated that, ``I see no
visual reason why John Arnold could not sufficiently operate a
commercial vehicle.''
Mr. Arnold has 22 years of experience driving tractor-trailer
combinations, and drives 50,000 miles annually. He holds a Kentucky
Class AC License and has had no accidents or convictions of moving
violations in a CMV for the past three years.
2. James H. Bailey
Mr. Bailey, 60, has had a chorioretinal scar in the macular area of
his left eye since childhood. His best corrected visual acuity is 20/25
in his right eye and 20/400 in his left eye. In a 1999 examination, his
optometrist stated, ``In my medical opinion Mr. Bailey has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.''
Mr. Bailey has driven straight trucks for 7 years and a total of
175,000 miles. He holds a Louisiana Class B commercial driver's license
(CDL). His official driving record for the last 3 years shows no
accidents or convictions of moving violations in a CMV.
3. Victor F. Brast, Jr.
Mr. Brast, 37, has been blind in his left eye since 1989 due to
trauma. His visual acuity in the right eye is 20/20. Mr. Brast was
examined in 1999, and his optometrist stated, ``Mr. Brast has more than
sufficient vision for operating a commercial vehicle.''
Mr. Brast has driven straight trucks and tractor-trailer
combination vehicles for 16 years each, averaging more than 60,000
miles per year. He holds a Texas CDL and has no accident or convictions
of moving violations in a CMV on his driving record for the last 3
years.
4. James P. Brooks
Mr. Brooks, 32, suffered an injury to his right eye in 1981. His
best corrected visual acuity is 20/20 in the left eye and hand motions
at 1 foot in the right eye. In a 1999 examination, his ophthalmologist
stated, ``In my opinion, he has sufficient vision to perform driving
tasks required to operate a commercial vehicle.''
Mr. Brooks has driven straight trucks for 3 years and a total of
66,000 miles. He holds an Illinois Class B CDL. His official driving
record shows no
[[Page 20246]]
accidents or convictions of moving violations in a CMV for the last 3
years.
5. Robert W. Brown
Mr. Brown is 42 years old, and suffers from amblyopia and exotropia
caused by a childhood injury in the left eye. His best corrected visual
acuities are 20/20 in the right eye and 20/50 with eccentric viewing in
the left eye. An optometrist examined Mr. Brown in 1999 and determined
that he ``has sufficient vision to operate a commercial vehicle.''
Mr. Brown has driven tractor-trailer combinations for 12\1/2\ years
and straight trucks for 2 years for a total of well over 1 million
miles. He holds a Pennsylvania CDL and has had no accidents or
convictions of moving violations in a CMV for the past three years.
6. Benny J. Burke
Mr. Burke, 45, has amblyopia in his right eye. His best corrected
visual acuity is 20/800 in his right eye and 20/20 in his left eye. His
optometrist has examined him in 1999 and stated that he has
``sufficient vision to operate a commercial vehicle.''
Mr. Burke has driven tractor-trailer combination vehicles for 25
years and over 1.2 million miles. He holds a CDL from Alabama and has
no accidents or convictions of moving violations in a CMV on his
driving record for the past three years.
7. Derric D. Burrell
Mr. Burrell, 33, 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. In
a 1999 examination, his optometrist stated, ``Mr. Burrell has
sufficient vision to drive and operate a Commercial Vehicle.''
Mr. Burrell has driven tractor-trailer combination vehicles for 4
years and over 200,000 miles. He has also driven straight trucks for 2
months. He holds an Alabama CDL, and his official driving record shows
two convictions for non-moving violations in a CMV during the last 3
years. The citations were for ``Operating w/o Equipment as Required by
Law'' and ``Failure to Obey Motor Carrier Rules/Regulations.'' His
record shows no accidents in a CMV during the last 3 years.
8. Anthony J. Cesternino
Mr. Cesternino, 53, has a prosthetic left eye as the result of a
childhood accident. His best corrected visual acuity in his right eye
is 20/20. In a 1999 examination, his optometrist stated, ``In my
opinion, A.J. Cesternino is visually capable of driving a commercial
motor vehicle.''
Mr. Cesternino has driven tractor-trailer combination vehicles for
over 22 years and a total of 2.9 million miles. He has driven straight
trucks for over 1 year and a total of more than 40,000 miles. He holds
a Virginia Class A CDL. His official driving record shows no accident
involvement in a CMV and one conviction of a moving violation in a CMV
in the last 3 years. The citation was for ``Disobey Traffic Signal.''
9. Ronald W. Coe, Sr.
Mr. Coe, 53, has amblyopia in the left eye. His corrected vision in
the right eye is 20/20 and 20/400 in the left eye. An optometrist
examined him in 1999 and stated that, ``It is my opinion that Mr. Coe
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle, and has been doing that for many years.''
Mr. Coe has 9\1/2\ years of experience driving straight trucks and
six months driving tractor-trailers. He has driven a total of 500,000
miles. Mr. Coe holds a New York CDL and has had no accidents and one
non-moving violation in a CMV for the past three years. He received a
citation for ``No/Improper Trip Permit.''
10. Richard A. Corey
Mr. Corey, 47, has hyperopia with congenital amblyopia in the left
eye. His best corrected visual acuity is 20/20 in the right eye and 20/
200 in the left eye. Mr. Corey was examined in 1999 and his optometrist
stated, ``Mr. Corey has sufficient vision the [sic] perform driving
tasks for a commercial vehicle.''
Mr. Corey has 15 years of experience driving tractor-trailer
combination vehicles for over 1.7 million miles. He holds a Washington
CDL and his driving record for the last 3 years contains no convictions
of moving violations or accidents in a CMV.
11. James A. Creed
Mr. Creed, 38, has had a corneal scar on his left eye since
childhood. His best corrected vision is 20/15 in his right eye and 20/
100 in his left eye. In a 1999 examination, his optometrist stated that
``decreased vision of left eye due to old injury is stable and does not
present any problem for the safe operation of a commercial vehicle.''
Mr. Creed has driven straight trucks for 9 years, averaging 28,000
miles per year and tractor-trailer combinations for 12 years, averaging
8,000 miles per year. He holds a Virginia CDL and has no accidents or
convictions of moving violations in a CMV for the past three years.
12. William G. Croy
Mr. Croy, 31, has a macular scar in the left eye with corrected
vision of 20/200. His corrected vision in the right eye is 20/20. An
optometrist examined him in 1999 and stated, ``In my medical opinion
his vision is sufficient to handle commercial driving as the peripheral
vision is excellent and only the central fine detailed vision is
affected in the left eye.''
Mr. Croy has driven straight trucks for 8 years and approximately
250,000 miles. He holds a Wyoming CDL and has had no accidents or
convictions of moving violations in a CMV for the past three years.
13. Craig E. Dorrance
Mr. Dorrance, 45, has reduced vision in his left eye due to trauma
20 years ago. In a 1999 examination, his visual acuity was correctable
to 20/20 in the right eye and less than 20/400 in the left eye. His
optometrist stated that he ``has sufficient vision to operate [a]
commercial vehicle.''
Mr. Dorrance has operated straight trucks for 20 years and tractor-
trailer combinations for 25 years, averaging 50,000 miles per year in
each. He holds a Montana CDL and has no accident or convictions of
moving violations in a CMV on his driving record for the last 3 years.
14. Willie P. Estep
Mr. Estep, 46, has amblyopia in his right eye. His best corrected
visual acuity is 20/15 in his left eye and 20/400 in the right eye. In
a 1999 examination his ophthalmologist stated, ``It is my opinion that
you have no visual limitations in performing your occupation as
operator af [sic] a commercial vehicle.''
Mr. Estep has driven tractor-trailer combination vehicles for 15
years and a total of over 1.8 million miles. He holds an Ohio CDL, and
his official driving record shows one conviction for a non-moving
``miscellaneous'' violation during the last 3 years.
15. Duane H. Eyre
Mr. Eyre, 63, sustained an injury to his right eye in 1976. His
best corrected vision is 20/20 in his left eye and 20/400 in his right
eye. In a 1999 examination, his optometrist stated, ``I would consider
Mr. Duane H. Eyre to have sufficient vision and visual skills to
perform the driving tasks to operate a commercial truck.''
Mr. Eyre has driven straight trucks and tractor-trailer combination
vehicles for 43 years, totalling 43,000 miles of driving in straight
trucks and 6 million miles in tractor-trailer combination
[[Page 20247]]
vehicles. He has also driven buses for 2 years with total mileage of
50,000 miles. He holds a Montana Class A CDL. His official driving
record shows no accidents in a CMV in the last 3 years. He was
convicted of one violation during that period for ``Not Licensed to
Drive Type of Vehicle Being Operated.''
16. James W. Frion
Mr. Frion, 36, has amblyopia in his right eye. His best corrected
visual acuity 20/200 in his right eye and 20/20 in his left eye. In a
1999 examination, his optometrist stated, ``In my opinion, Mr. Frion
has sufficient vision to operate a commercial vehicle.''
Mr. Frion has operated buses for 8 years for a total of 40,000
miles. He holds a Pennsylvania Class B CDL, and his official driving
record shows no accidents or convictions of moving violations in a CMV
over the last 3 years.
17. Lee Gallmeyer
Mr. Gallmeyer, 62, has amblyopia in his right eye. He was examined
in 1999 and his optometrist found visual acuity corrected to 20/60-in
the right eye and 20/20 in the left eye. His optometrist stated, ``I
believe that despite this problem [amblyopia] that Mr. Gallmeyer has
sufficient vision to adequately perform his driving tasks and operate a
commercial vehicle.''
Mr. Gallmeyer has driven tractor-trailer combination vehicles for
4.5 years and straight trucks for 2 years for a total of over 600,000
miles. He holds an Iowa CDL and has 1 non-moving violation and no
accidents in a CMV for the last 3 years.
18. Shawn B. Gaston
Mr. Gaston, 50, has amblyopia in his right eye. His best corrected
visual acuities are 20/20 in the left eye and 20/400 in the right eye.
In a 1999 examination his optometrist said, ``Mr. Gaston has been
driving commercial vehicles for many years. It is my opinion that he
has sufficient vision to continue performing such driving tasks.''
Mr. Gaston has been driving straight trucks for 31 years and a
total of over 3 million miles and tractor-trailer combination vehicles
for 10 years and a total of 500,000 miles. Mr. Gaston holds a
Pennsylvania Class AM CDL. His official driving record shows no
accident or convictions of moving violations in a CMV in the last 3
years.
19. James F. Gereau
Mr. Gereau, 45, has nonprogressive chorioretinal damage and scar
formation in the location of the macula of the left eye as the result
of an accident he had 15 years ago. His uncorrected vision in the right
eye is 20/20. He was examined in 1999 and his optometrist stated, ``In
my opinion, based on past performance, and on the information obtained
by vision examination, Mr. Gereau is capable of performing safely, the
tasks required to operate a commercial motor vehicle in interstate
commerce.''
Mr. Gereau has 24 years of experience driving tractor-trailers, and
drives approximately 90,000 miles annually. He holds a Wisconsin CDL
and has had no accidents or convictions of moving violations in a CMV
for the past three years.
20. Rodney M. Gingrich
Mr. Gingrich, 74 has reduced vision on his left eye due to macular
degeneration. His corrected vision in the right eye is 20/25 and 20/300
in the left eye. An ophthalmologist examined him in 1999 and stated to
him that ``you have, in my opinion, sufficient vision to operate a
commercial vehicle.''
Mr. Gingrich has 50 years of experience driving straight trucks
with over 1 million miles driven and 3 years of experience driving
tractor-trailer combinations with 30,000 miles driven. He holds a
Minnesota CDL and has had no accidents or convictions of moving
violations in a CMV for the past three years.
21. Esteban Gerardo Gonzalez
Mr. Gonzalez, 46, has amblyopia in his left eye. His best corrected
visual acuity is 20/15 in his right eye and 20/100 in his left eye. In
a 1999 examination, his optometrist stated that, ``By Texas DPS
standards, he has a permanent eye condition that affects his visual
acuity but doesn't disqualify him from legally driving. Therefore, I
feel that he has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.''
Mr. Gonzalez has driven tractor-trailer combination vehicles for 21
years and over 2 million miles and straight trucks for 5 years and
175,000 miles. He holds a Texas CDL, and his official driving record
shows no accidents or convictions of moving violations in a CMV for the
past 3 years.
22. Harlan Lee Gunter
Mr. Gunter, 39, has worn a prosthesis in his left eye since June
1995 due to injury. The visual acuity of his right eye is 20/20 without
correction. In a 1999 examination, his optometrist said, ``My medical
opinion is that Mr. Gunter is able to operate a commercial vehicle
because his right eye is completely normal.''
Mr. Gunter has driven both straight trucks and tractor-trailer
combination vehicles for 20 years. He has driven straight trucks a
total of 1 million miles and tractor-trailer combination vehicles a
total of over 1.4 million miles. He holds a Virginia Class A CDL. His
official driving record shows no convictions of moving violations and
involvement in one accident in a CMV in the last 3 years. Mr. Gunter
was not charged with a violation in the accident.
23. Thanh Van Ha
Mr. Thanh Van Ha is a 36-year old man who has amblyopia. His
corrected visual acuity is 20/15 in the right eye, and 20/200 in the
left eye. An ophthalmologist examined him in 1999 and found him to have
``sufficient vision to perform all the driving tasks required to drive
and operate commercial vehicles.''
Mr. Ha has a Class C California Driver's license. He has operated
straight trucks for 10 years, driving approximately 20,400 miles
annually. His official State driving record shows no accidents or
citations in a CMV for the past 3 years.
24. James O. Hancock
Mr. Hancock, 61, has a prosthetic right eye due to a 1959 injury.
He has 20/20 vision in his left eye. In a 1999 examination, his
optometrist stated that he ``is very capable of driving a commercial
vehicle.''
Mr. Hancock has 45 years of experience driving straight trucks,
averaging 25,000 miles annually. He holds an Indiana CDL. His official
State driving record reveals no accidents or citations in a CMV for the
past 3 years.
25. Paul A. Harrison
Mr. Harrison, 50, is blind in the left eye as the result of an
accident he had in 1994. His corrected vision in the right eye is 20/
20. An optometrist examined him in 1999 and stated that, ``In my
opinion, Mr. Harrison has good vision in his right eye that would allow
him to operate a commercial vehicle safely.''
Mr. Harrison has driven straight trucks for 28 years and over
700,000 miles. He holds a Florida CDL and has had no accidents or
convictions of moving violations in a CMV for the past three years.
26. Joseph H. Heidkamp, Jr.
Joseph Heidkamp, 41, has amblyopia secondary to optic nerve atrophy
in his right eye. His best corrected vision is 20/25+ in the left eye
and 20/200 in the right eye. According to a 1999 examination, Mr.
Heidkamp's optometrist stated, ``It is our
[[Page 20248]]
determination that Mr. Heidkamp has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.''
Mr. Heidkamp has driven straight trucks for 21 years and a total of
over 1.4 million miles, and tractor-trailer combination vehicles for 2
years and a total of 70,000 miles. He holds a Pennsylvania Class A CDL.
His official driving record shows no accidents or convictions of moving
violations in a CMV during the last 3 years.
27. Thomas J. Holtmann
Mr. Holtmann, 57, has amblyopia of the left eye. His corrected
vision in the right eye is 20/20 and 20/80 in the left eye. An
optometrist has examined him in 1999 and stated, ``It is my
professional opinion that Tom Holtmann has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.''
Mr. Holtmann has 38 years of experience driving tractor-trailers
and straight trucks, and drives approximately 100,000 miles annually He
holds an Illinois CDL and has had no accidents or convictions of moving
violations in a CMV for the past three years.
28. Larry D. Johnson
Mr. Johnson, 38, has amblyopia in the left eye. His best corrected
visual acuity is 20/20 in his right eye and 20/300 in his left eye. He
was examined in December 1998, and his optometrist stated that, ``Mr.
Johnson has sufficient vision to perform the driving task required to
operate a commercial vehicle, provided that he has his eyes examined
every two years to assess his visual competency.''
Mr. Johnson has driven tractor-trailer combination vehicles for 8
years. He drives 70,000 miles annually. He holds an Illinois CDL. For
the past three years he has had no accidents or convictions of moving
violations in a CMV.
29. Gary Killian
Mr. Killian, 51, has amblyopia in the right eye. The left eye is
correctable to 20/20. His optometrist examined him in 1999 and
determined, ``[h]is commercial driving record is superb and he should
be allowed to continue.''
Mr. Killian has driven tractor-trailers for 25 years, and averages
135,000 miles of driving annually. He has a North Carolina CDL and has
a driving record free of convictions of moving violations or accidents
for the last three years in a CMV.
30. Marvin L. Kiser, Jr.
Mr. Kiser, 60, has a macular scar in his right eye. His best
corrected visual acuity is 20/200 in his right eye and 20/20 in his
left eye. In a 1999 examination, his ophthalmologist stated, ``However,
I do feel that he has sufficient vision to operate a commercial
vehicle.''
Mr. Kiser has operated tractor-trailer combination vehicles for 37
years and over 1.9 million miles. He holds a North Carolina CDL, and
his official driving record shows no accidents or convictions of moving
violations in a CMV for the last 3 years.
31. David R. Lambert
Mr. David Lambert, 59, has been blind from birth in his right eye.
His best corrected visual acuity is 20/400 in the right eye and 20/25
in the left eye. Mr. Lambert was examined in 1999, and his optometrist
stated, ``Given his good driving record and his likely improved vision
in his left eye, I feel he has sufficient vision to operate a
commercial vehicle.''
Mr. Lambert holds a CDL from New Hampshire, has 23 years of
experience driving straight trucks, and drives 10,000 miles annually.
His driving record has been clear of accidents and convictions of
moving violations for the past three years in a CMV.
32. James R. Lanier
Mr. Lanier is 55 years old and has amblyopia in the right eye. His
visual acuity is light perception in his right eye and 20/20-in the
left eye. As the result of a 1999 examination, his ophthalmologist
stated that,'Mr. Lanier was found to have sufficient vision to perform
his driving tasks as required to operate a commercial vehicle.''
Mr. Lanier has 19 years of experience driving tractor-trailer
combinations and has driven over 900,000 miles. He holds a North
Carolina CDL and has had no accidents or convictions of moving
violations in a CMV for the past three years.
33. Donald Eugene Lee
Mr. Donald Lee, 35, is blind in his left eye as the result of an
accident 20 years ago. The visual acuity in his right eye is 20/20+. In
a 1999 examination, Mr. Lee's optometrist stated, ``In my opinion Mr.
Lee's visual abilities are excellent and do not impair his ability to
safely operate a commercial motor vehicle.''
Mr. Lee has 10 years of experience driving straight trucks for a
total of 250,000 miles and 3 years of experience driving tractor-
trailer combination vehicles for a total of 300,000 miles. Mr. Lee
holds a Virginia CDL, and his official driving record shows no
accidents or convictions of moving violations in a CMV during the last
3 years.
34. James Stanley Lewis
Mr. Lewis, 42, 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. In
a 1999 examination, his optometrist stated, ``Mr. Lewis has a very
healthy pair of eyes. I believe that he is and will be very able
visually to perform the driving tasks required to operate a commercial
vehicle.''
Mr. Lewis has driven straight trucks for 18 years for a total of
over 1.1 million miles and tractor-trailer combination vehicles for 7
\1/2\ years for a total of over 75,000 miles. He holds an Alabama CDL,
and his official driving record shows no accident and one conviction of
a non-moving violation (``Expired/No Registration/Title'') in a CMV
during the last 3 years.
35. Thomas J. Long
Mr. Long, 30, has amblyopia in the left eye. His visual acuity is
20/400 in the left eye and 20/20 in the right eye. Mr. Long was
examined in 1999 and his optometrist cited his successful 9 years of
driving commercial vehicles and stated, ``As a result of my ophthalmic
examination, I see no reason Mr. Long would not be able to maintain his
current driving record in operating a commercial vehicle.''
Mr. Long has 10 years of experience operating straight trucks,
driving approximately 60,000 miles annually. He holds a Maryland CDL
and has had no accidents or convictions of moving violations in a CMV
for the past three years.
36. Newton Heston Mahoney
Mr. Mahoney, 51, has reduced vision in his left eye due to trauma
in 1969. His best corrected visual acuity is 20/20+ in the right eye
and 20/800 in the left eye. As the result of a 1999 examination, his
optometrist certified that Mr. Mahoney has sufficient vision to perform
the tasks required to operate a commercial motor vehicle.
Mr. Mahoney has driven straight trucks and tractor-trailer
combination vehicles for 30 years, averaging 95,000 miles annually. He
holds a Maryland CDL and has no accidents and one speeding violation in
a CMV during the last 3 years.
37. Ronald L. Martsching
Mr. Martsching is a 32 year old man with a history of amblyopia in
the right eye. A 1999 examination revealed that his visual acuity is
20/20 in the left eye and 20/400 in the right eye. The
[[Page 20249]]
optometrist stated the ``Mr. Martsching has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Martsching has 4 years of experience driving straight trucks
over 100,000 miles. He holds an Iowa Class D license with an
endorsement allowing operation of vehicles weighing between 16,001 and
26,000 pounds. For the past three years he has had no accidents or
convictions of moving violations in a CMV.
38. Robert Evans McClure, Jr.
Mr. McClure, 24, has had decreased vision in his left eye since
1993 when he developed chorioretinitis. A 1999 medical report indicates
that his best corrected visual acuity in his right eye is 20/20 and
hand motion in his left eye. His ophthalmologist states, ``It is my
belief that Mr. McClure does have sufficient vision to perform the
driving task required to operate a commercial vehicle when he wears
lenses over his right eye.''
Robert McClure holds an Alabama class DM operator's license. He has
driven straight trucks for 4 years and 40,000 miles. His driving record
for the past 3 years reflects no convictions of moving traffic
violations and no accidents in a CMV.
39. Duane D. Mims
Mr. Mims, 27, has only light perception in his right eye due to an
accident 16 years ago. His visual acuity in his left eye is 20/20. In a
December 1998 examination, his optometrist stated, ``Under Alabama and
Federal law he has sufficient vision to operate a commercial vehicle.''
Mr. Mims has driven straight trucks for 7 years and over 70,000
miles and tractor-trailer combination vehicles for 3 years and 300,000
miles. He holds an Alabama CDL, and his official driving record shows
no accidents or convictions of moving violations in a CMV for the last
3 years.
40. James A. Mohr
Mr. Mohr is 53 years old and has had a prosthetic left eye for over
40 years. His best corrected vision in the right eye is 20/20. In a
December 1998 examination, his optometrist stated that, ``Jim Mohr has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.''
Mr. Mohr has 16 years' experience of driving tractor-trailer trucks
and drives 50,000 miles annually . He has a Montana CDL, and his
driving record shows no accidents or convictions of moving violations
in a CMV for the past three years.
41. William A. Moore
Mr. Moore, 62, 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. In
a 1998 examination, his optometrist stated, ``I feel that Mr. Moore can
operate a Comerical [sic] vehicle with his current eye condition.''
Mr. Moore has driven tractor-trailer combination vehicles for 30
years and a total of 2.4 million miles. He holds a Nevada Class A CDL.
His driving record for the last 3 years shows no accidents or
convictions of moving violations in a CMV.
42. Leonard James Morton
Mr. Morton is 53 years old, and has amblyopia in the left eye. His
best corrected visual acuity is 20/200 in the left eye and 20/20 in the
right eye. In a 1999 examination, his optometrist stated, ``In my
medical opinion, Mr. Morton has sufficient vision to perform the
driving tasks required to operated [sic] a commercial vehicle.''
Mr. Morton has 33 years of experience driving tractor-trailer
combination vehicles for approximately 1 million miles. He holds a
Wisconsin CDL and has had no accidents or convictions of moving
violations in a CMV for the past three years.
43. Timothy W. Noble
Mr. Noble, 32, has amblyopia in his right eye. His best corrected
visual acuity is 20/50 in his right eye and 20/20 in his left eye. In a
1999 examination, his ophthalmologist stated, ``Mr. Noble has good
visual acuity and gross binocular function and should well be able to
operate a commercial vehicles as he has done in the past since there
has been no change in his ocular condition since he was a child and he
has operated a commercial vehicle in the past without any difficulty.''
Mr. Noble has operated tractor-trailer combination vehicles for
over 3.5 years and a total of over 230,000 miles. He holds a Kentucky
Class DA license. In the last 3 years, he was convicted of one moving
violation (speeding) in a CMV and was involved in one accident in a
CMV. According to the accident report the other driver involved in the
accident attempted to change lanes in front of Mr. Noble in slowed
traffic and caused him to strike the left side of the first vehicle.
Neither driver was charged with a violation in the accident.
44. Kevin J. O'Donnell
Mr. O'Donnell, 28, has reduced visual acuity in his right eye due
to a 1992 injury. His visual acuity is light perception in his right
eye and 20/16 in his left eye. Mr. O'Donnell was examined in 1999 and
his ophthalmologist stated, ``His visual condition is stable. He can
operate a commercial vehicle.''
Mr. O'Donnell has operated straight trucks for 6 years and over
120,000 miles. He holds an Illinois CDL and has no accident or
convictions of moving violations in a CMV over the last 3 years.
45. Gary L. Reveal
Mr. Reveal, 53, has had optic nerve damage in his right eye since
birth. His best corrected visual acuity is 20/15 in the left eye and no
light perception in his right eye. In a 1999 examination, his
optometrist stated, ``He does have sufficient vision to perform the
driving tasks required to operate a commercial vehicle.''
Mr. Reveal has driven straight trucks for 34 years and over 1
million miles. He has driven tractor-trailer combination vehicles for
15 years and 300,000 miles. He holds an Ohio Class A CDL. His official
driving record shows no convictions of moving violations in a CMV
during the last 3 years. He was involved in one accident in a CMV. No
moving violations were issued to him in the case.
46. John W. Robbins, Jr.
Mr. Robbins is 37 years old, and has amblyopia in the right eye.
His best corrected visual acuity is 20/200 in the right eye and 20/20
in the left eye. He was examined in 1999 and his optometrist stated
that, ``Mr. Robbins['] vision is sufficient to perform the driving
tasks required to operate a commercial vehicle.''
Mr. Robbins has 18 years of experience driving straight trucks over
450,000 miles and 13 years of experience driving tractor-trailer
combinations over 400,000 miles. He holds a Mississippi CDL and has had
no accidents or convictions of moving violations in a CMV for the past
three years.
47. Doyle R. Roundtree
Mr. Roundtree, 66, has amblyopia in his left eye. The vision in his
right eye is 20/20, uncorrected. In a 1999 examination, his optometrist
stated that ``he is able to function very well at operating a
commercial vehicle.''
Mr. Roundtree has 37 years of experience driving tractor-trailer
combinations, driving approximately 100,000 miles annually. He holds an
Ohio CDL and his 3-year driving record shows no accidents. He was
issued a speeding citation in a commercial vehicle during his 3-year
driving period.
[[Page 20250]]
48. Charles L. Schnell
Mr. Schnell, 50, has anopthalmos of his right eye which is due to
multiple failed surgeries as a child. His best corrected visual acuity
is 20/20 in his left eye. He wears a prosthesis in his right eye. In a
1999 examination, his ophthalmologist stated, ``In my opinion, Mr.
Schnell's current visual acuity is sufficient to enable him to perform
the driving tasks required in operating a commercial vehicle.''
Mr. Schnell has 8 years of experience operating tractor-trailer
combination vehicles for a total of 720,000 miles. He holds a Florida
CDL, and his official driving record shows no accidents or convictions
of moving violations in a CMV for the last 3 years.
49. David L. Slack
Mr. Slack, 47, has a traumatic corneal laceration and cataract in
his left eye. His best corrected visual acuity is 20/20+ in the right
eye and 20/200 in his left eye. In a 1999 examination, his
ophthalmologist stated, ``It is my opinion that the patient has
significant vision and visual fields to perform the driving tests
required to operate a commercial vehicle.''
Mr. Slack has driven tractor-trailer combination vehicles for 21
years and a total of over 2.8 million miles. He holds a Texas Class A
CDL. His official driving record shows no accident in a CMV in the last
3 years and one conviction of a non-moving violation for ``Exceed/
Violate Weight Limits of Vehicle/Truck.''
50. Everett J. Smeltzer
Mr. Smeltzer, 46, has amblyopia in his left eye. His best corrected
visual acuities are 20/20 in his right eye and 20/200 in his left eye.
In a 1999 examination his optometrist stated, ``In my opinion, his
vision is sufficient for driving a commercial vehicle.''
Mr. Smeltzer has driven straight trucks for over 29 years and a
total of 870,000 miles. He has driven tractor-trailer combination
vehicles for 22 years with mileage totaling over 1.5 million miles. He
holds a Montana CDL and his official driving record shows no accidents
or convictions of moving violations in a CMV during the last 3 years.
51. Philip Smiddy
Mr. Smiddy, 33, has amblyopia in his left eye. His best corrected
visual acuity is 20/20 in his right eye and 20/110 in his left eye. His
doctor states that ``Mr. Philip Smiddy has sufficient vision to perform
the driving tasks necessary to operate a commercial vehicle.''
Mr. Smiddy has driven straight trucks for 8 years and 40,000 miles
and tractor-trailer combinations for 13 years and nearly 600,000 miles.
He holds an Ohio CDL. His driving record shows no traffic accidents or
convictions of moving violations in a CMV for the past 3 years.
52. James C. Smith
Mr. Smith, 53, 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. In
a 1999 examination, his optometrist stated, ``I see no reason Mr. Smith
would not be visually capable of operating a commercial vehicle.''
Mr. Smith has driven straight trucks for 33 years and a total of
330,000 miles and tractor-trailer combination vehicles for 15 years and
a total of 900,000 miles. Mr. Smith holds a Kentucky Class DA Operator/
CDL license. His official driving record shows no accidents or
convictions of moving violations in a CMV for the past 3 years.
53. Terry L. Smith
Mr. Smith, 53, has amblyopia in his right eye. His best visual
acuity is 20/20 in his left eye and 20/300 in his right eye, corrected
or uncorrected. He was examined in 1999, and his optometrist stated
that, ``Mr. Smith should have no problem performing commercial driving
tasks.''
Mr. Smith has driven straight trucks and tractor-trailer
combinations for 21 years and well over 1 million miles. He holds a CDL
from Montana and has no accidents or convictions of moving violations
on his driving record for the past three years in a CMV.
54. James N. Spencer
Mr. Spencer, 69, has a central macular scar in his right eye. A
1999 examination revealed best corrected vision to be 20/100 in the
right eye and 20/20 in the left eye. His ophthalmologist stated that,
his successful 13-year career as a commercial driver ``clearly proves
that you have sufficient vision to continue to perform your driving
tasks.''
Mr. Spencer has driven straight trucks for 48 years and 3.6 million
miles and tractor-trailer combinations for 18 years and over 3.3
million miles. He holds a California CDL and has no accidents or
convictions of moving violations in a CMV on his driving record for the
past 3 years.
55. Teresa Mary Steeves
Ms. Steeves, 58, suffered a retinal infection from measles as a
child which left her with light perception vision in her left eye. The
best visual acuity in her right eye is 20/30. In a 1999 examination,
her optometrist stated, ``Patient should be able to operate a
commercial vehicle.''
Ms. Steeves has driven tractor-trailer combination vehicles for 8
years and a total of over 800,000 miles. She holds a Florida Class A
CDL. Her official driving record shows no accidents or convictions of
moving violations in a CMV during the last 3 years.
56. Roger R. Strehlow
Mr. Strehlow, 55, has amblyopia in his left eye. His best corrected
visual acuity in his right eye is 20/15+2 and finger counting at 1 foot
in his left eye. In a 1999 examination, his optometrist stated,
``Visually, he should be able to safely drive both commercial and
private vehicles with the following two restrictions: 1. Wear
corrective lenses; 2. Left hand outside mirror.''
Mr. Strehlow has driven straight trucks for 15 years and a total of
375,000 miles and tractor-trailer combination vehicles for 23 years and
a total of over 1.3 million miles. He holds a Wisconsin Class ABCD CDL.
His official driving record for the last 3 years shows no accidents or
convictions of moving violations in a CMV.
57. Timothy W. Strickland
Mr. Strickland, 38, has amblyopia in his right eye. His best
corrected visual acuity is 20/15 in his left eye and 20/200 in his
right eye. In a 1999 examination, his optometrist stated, ``In my
opinion, Mr. Strickland could safely operate a commercial vehicle.''
Mr. Strickland has operated tractor-trailer combination vehicles
for 13 years and a total of 1.3 million miles. He holds a North
Carolina Class A CDL. His official driving record shows no accidents or
convictions of moving violations in a CMV for the last 3 years.
58. John T. Thomas
Mr. Thomas, 57, has had a macular scar in his left eye since
childhood. His best corrected visual acuity is 20/20 in his right eye
and 20/200 in his left eye. He was examined in 1999, and his
optometrist stated that, ``I feel that Mr. Thomas has the vision
necessary to permit him to operate a commercial vehicle.''
Mr. Thomas has 30 years of experience operating tractor-trailer
combinations and has driven over 3 million miles. He holds a North
Carolina CDL, and has no accidents or convictions of moving violations
in a CMV on his driving record for the past three years.
[[Page 20251]]
59. Darel E. Thompson
Mr. Thompson, 60, sustained an injury to his left eye in 1974 which
left his visual acuity poor. His best corrected acuity is 20/400 in his
left eye and 20/20 in his right eye. In a 1999 examination, his
ophthalmologist stated, ``In my opinion he has sufficient vision to
perform a driving test required to operate a commercial vehicle, and
has been doing so presumably uneventfully for the past 25 years.''
Mr. Thompson has driven both straight trucks and tractor-trailer
combination vehicles for 42 years, for a total of over 2.5 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.
60. Mr. Ralph A. Thompson
Mr. Ralph Thompson, 56, has amblyopia in his right eye. His visual
acuity is 20/20 in his left eye and 20/400 in his right eye. An
optometrist examined him in 1999 and certified he ``has sufficient
vision to perform the tasks needed to operate a commercial vehicle
without restrictions.''
Mr. Thompson has driven tractor-trailer combination vehicles for 40
years and over 2.4 million miles. He holds a Kentucky Class DA License.
His driving record shows no accidents or convictions of moving
violations in a CMV during the last 3 years.
61. Kevin Wayne Windham
Mr. Windham, 36, has amblyopia in his left eye. His best corrected
visual acuity is 20/20 in his right eye and 20/200 in his left eye. In
a 1999 examination, his optometrist certified that in his medical
opinion, Mr. Windham has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.
Mr. Windham has 12 years of experience driving tractor-trailer
combination vehicles for a total of 540,000 miles. He holds a Texas
CDL, and his official driving record shows no accident or 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 future safety. 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 61 applicants have qualifications similar to those possessed by
drivers in the waiver program. Their experiences and safe driving
records while 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 49 CFR 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.
These requirements are: (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 61 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: April 6, 2000.
Julie Anna Cirillo,
Acting Deputy Administrator, Federal Motor Carrier Safety
Administration.
[FR Doc. 00-9254 Filed 4-13-00; 8:45 am]
BILLING CODE 4910-22-P
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