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[Federal Register: November 30, 2005 (Volume 70, Number 229)]
[Notices]
[Page 71884-71887]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30no05-91] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2005-22727] 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. ----------------------------------------------------------------------- SUMMARY: This notice announces FMCSA's receipt of applications from 22
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 Sec. 391.41(b)(10). DATES: Comments must be received on or before December 30, 2005. ADDRESSES: You may submit comments by any of the following methods.
Please label your comments with DOT DMS Docket Number FMCSA-2005-22727. - Web site: http://dms.dot.gov. Follow the instructions for submitting comments on the DOT electronic docket site.
- Fax: 1-202-493-2251.
- Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-0001.
- 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.
All submissions must include the agency name and docket number for
this notice. Note that all comments received will be posted without
change to http://dms.dot.gov, including any personal information
provided. To read background documents or comments received, go to
http://dms.dot.gov 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: Dr. Mary D. Gunnels, Chief, Physical
Qualifications Division, (202) 366-4001, FMCSA, Department of
Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001.
Office hours are from 8 a.m. to 5 p.m., e.t., Monday through Friday,
except Federal holidays. SUPPLEMENTARY INFORMATION: Public Comments: The DMS is generally available 24 hours each day,
except when announced system maintenance requires a brief interruption
in service. 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. An acknowledgement page
appears after submitting comments on-line and can be printed to
document submission of comments. 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 [[Page 71885]] 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://dms.dot.gov. Background Under 49 U.S.C. 31315 and 31136(e), 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." FMCSA can renew exemptions
at the end of each 2-year period. The 22 individuals listed in this
notice each have 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 mandated by statute. Qualifications of Applicants Kerry L. Baxter Mr. Baxter, 52, has had amblyopia in his left eye since birth. The
best corrected visual acuity in his right eye is 20/25 and in the left,
20/200. His optometrist examined him in 2005 and noted, "In my
professional opinion, Mr. Baxter has sufficient vision to perform the
driving tasks required to operate a commercial motor vehicle." Mr.
Baxter reported that he has driven tractor-trailer combinations for 31
years, accumulating 4.7 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. Donald J. Bierwirth, Jr. Mr.Bierwirth, 35, has had amblyopia in his left eye since birth.
The best corrected visual acuity in his right eye is 20/20 and in the
left, 20/140. Following an examination in 2005, his optometrist noted,
"In my medical opinion, Donald has sufficient vision to drive
commercial vehicles safely." Mr. Bierwirth reported that he has driven
straight trucks for 4 years, accumulating 180,000 miles. He holds a
Class A CDL from Connecticut. 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. Arthur L. Bousema Mr. Bousema, 48, has had ambloyopia in his right eye since
childhood. The best corrected visual acuity in his right eye is 20/700
and in the left, 20/25. His optometrist examined him in 2005 and noted,
"In my medical opinion you have sufficient vision to perform the
driving tasks required to operate a commercial vehicle." Mr. Bousema
reported that he has driven straight trucks for 30 years, accumulating
300,000 miles and tractor-trailer combinations for 30 years,
accumulating 300,000 miles. He holds a Class A CDL from California. His
driving record for the last 3 years shows no crashes or convictions for
moving violations in a CMV. Curtis F. Caddy, III Mr. Caddy, 40, has had retinal detachment in his right eye since
2002. The best corrected visual acuity in his right eye is hand motion
at 6 feet and in the left eye, 20/20. Following an examination in 2005,
his ophthalmologist noted, "In my professional opinion, Mr. Caddy has
sufficient vision to perform the visual tasks necessary for a
commercial driver." Mr. Caddy reported that he has driven straight
trucks for 18 years, accumulating 812,000 miles. He holds a Class B CDL
from California. His driving record for the last 3 years shows no
crashes or convictions for moving violations in a CMV. Paul D. Crouch Mr. Crouch, 52, has had a congenital cataract is his left eye since
childhood. The best corrected visual acuity in his right eye is 20/20
and in the left, 20/200. Following an examination in 2005, his
optometrist noted, "He has sufficient vision, in my opinion, to
perform the driving tasks required to operate a commercial vehicle as
he has displayed in the past." Mr. Crouch reported that he has driven
straight trucks for 14 years, accumulating 72,000 miles. He holds a
Class C operators license from Oregon. His driving record for the last
3 years shows no crashes or convictions for moving violation in a CMV. Matthew Daggs Mr. Daggs, 45, lost his left eye due to a traumatic injury he
sustained seven years ago. The best corrected visual acuity in his
right eye is 20/20. His optometrist examined him in 2005 and noted,
"In my opinion, the patient has sufficient vision to perform driving
tasks required to operate a commercial vehicle." Mr. Daggs reported
that he has driven straight trucks for 18 years, accumulating 387,000
miles and tractor-trailer combinations for 15 years, accumulating
30,000 miles. He holds a Class A CDL from Missouri. His driving record
for the last 3 years shows no crashes or convictions for moving
violations in a CMV. Donald R. Date, Jr. Mr. Date, 42, has had amblyopia in his right eye since childhood.
The best corrected visual acuity in his right eye is 20/200 and in the
left, 20/20. Following an examination in 2005, his optometrist noted,
"I certify that Mr. Date has sufficient vision to perform the driving
tasks required to operate a commercial vehicle." Mr. Date reported
that he has driven straight trucks for 20 years, accumulating 200,000
miles and tractor-trailer combinations for 17 years, accumulating
765,000 miles. He holds a Class A CDL from Maryland. His driving record
for the last 3 years shows no crashes or convictions for moving
violations in a CMV. Douglas M. Fuller Mr. Fuller, 55, is blind in his right eye due to a retinal
detachment that occurred in 1993. The best corrected visual acuity in
his left eye is 20/20. Following an examination in 2005, his
optometrist noted, "In my opinion, Mr. Fuller has sufficient vision to
operate a commercial vehicle." Mr. Fuller reported that he has driven
straight trucks for 38 years, accumulating 1.9 million miles, and
tractor-trailer combinations for 15 years, accumulating 600 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. Michael Grzybowski Mr. Grzybowski, 39, has had refractive amblyopia in his right eye
since birth. The best corrected visual acuity in his right eye is light
perception and in the left, 20/20. His optometrist examined him in 2005
and noted, "This patient has sufficient vision to perform driving
tasks required to operate a commercial vehicle." Mr. Grzybowski
reported that he has driven straight trucks for 20 years, accumulating
one million miles. He holds a Class C operator's license from Maryland.
His driving record for the last 3 years shows no crashes or convictions
for moving violations in a CMV. David L. Jones Mr. Jones, 60, has had amblyopia in his left eye since birth. The
best corrected visual acuity in his right eye is 20/20 and in the left,
20/200. Following an examination in 2005, his optometrist noted,
"Because this has been a lifelong condition, Mr. Jones [[Page 71886]]
functions well with his situation and can perform his commercial
driving tasks with a standard visual correction." Mr. Jones reported
that he has driven tractor-trailer combinations for 14 years,
accumulating 823,000 miles. He holds a Class A CDL from Ohio. His
driving record for the last 3 years shows no crashes and 2 convictions
for moving violations-speeding--in a CMV. He exceeded the speed limit
by 13 and 12 mph--and had one seat belt violation in a CMV. John E. Kimmet Mr. Kimmet, 35, has had amblyopia in his left eye since childhood.
The best corrected visual acuity in his right eye is 20/20 and in the
left, 20/200. His optometrist examined him in 2005 and noted that "Mr.
Kimmet's condition seems stable and he has adapted very well for his
visual requirements. Visually he seems functional to fulfill the
demands of a CMV license." Mr. Kimmett reported that he has driven
straight trucks for 4 years, accumulating 110,000 miles. He holds a
Class B CDL from Washington. His driving record for the last 3 years
shows no crashes and one conviction for a moving violation--failure to
obey a traffic sign--in a CMV. Jason L. Light Mr. Light, 26, has an aphakia right eye, as a result of an injury
that occurred when he was 15 years old. The best corrected visual
acuity in his right eye is count-finger-vision at 3 feet and in the
left, 20/20. His optometrist examined him in 2005 and noted, "Mr.
Light has sufficient vision to perform driving tasks, and operate
commercial vehicles." Mr. Light reported that he has driven straight
trucks for 3 years, accumulating 88,000 miles and tractor-trailer
combinations for 2\1/2\ years, accumulating 5,000 miles. He holds a
Class A CDL from Washington. His driving record for the last 3 years
shows no crashes or convictions for moving violations in a CMV. Douglas J. Mauton Mr. Mauton, 56, has had retinal vein occlusion in his left eye
since 1996. The best corrected visual acuity in his right eye is 20/20
and in the left, count-finger-vision at 5 feet. Following an
examination in 2005, his optometrist noted, "In my medical opinion,
Mr. Mauton has sufficient vision to perform the driving tasks required
to operate a commercial vehicle." Mr. Mauton reported that he has
driven straight trucks for 30 years, accumulating 3,000 miles and
tractor-trailer combinations for 25 years, accumulating 425,000 miles.
He holds a Class A CDL from Kansas. His driving record for the last 3
years shows no crashes or convictions for moving violations in a CMV. Dennis L. Maxcy Mr. Maxcy, 47, has optic nerve damage in his left eye as a result
of a childhood injury. The visual acuity in his right eye is 20/20 and
in the left, peripheral vision only. Following an examination in 2005,
his optometrist noted, "I feel Mr. Maxcy has sufficient vision to
perform the driving tasks required to operate a commercial vehicle."
Mr. Maxcy reported that he has driven straight trucks for 10 years,
accumulating 450,000 miles. He holds a Class A CDL from New York. His
driving record for the last 3 years shows no crashes or convictions for
moving violations in a CMV. Robert Mollicone Mr. Mollicone, 35, has an open globe injury from childhood and a
retinal detachment, repaired 8 years ago, both in his left eye. The
best corrected visual acuity in his right eye is 20/15 and in the left,
20/100. Following an examination in 2005, his ophthalmologist noted,
"I certify in my medical opinion that Mr. Mollicone has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle." Mr. Mollicone reported that he has driven straight trucks
for 2 years, accumulating 60,000 miles and tractor-trailer combinations
for 12 years, accumulating 280,000 miles. He holds a Class CA CDL from
Michigan, which allows him to operate a vehicle with a gross weight of
26,001 pounds or more, as well as a vehicle with a gross weight of
26,001 pounds or less. His driving record for the last 3 years shows no
crashes or convictions for moving violations in a CMV. William P. Murphy Mr. Murphy, 65, has had amblyopia in his right eye since birth. The
best corrected visual acuity in his right eye is 20/80 and in the left,
20/20. Following an examination in 2005, his ophthalmologist noted,
"In my medical opinion, William Murphy has sufficient vision to
perform the driving tasks required to operate a commercial vehicle."
Mr. Murphy reported that he has driven straight trucks for 44 years,
accumulating 1.8 million miles and tractor-trailer combinations for 17
years, accumulating 510,000 miles. He holds a Class A CDL from Texas.
His driving record for the last 3 years shows no crashes or convictions
for moving violations in a CMV. John V. Nehls Mr. Nehls, 53, has had refractive ambloypia in his left eye since
birth. The best corrected visual acuity in his right eye is 20/15 and
in the left, 20/200. Following an examination in 2005, his optometrist
noted, "In my medical opinion, Mr. Nehls has sufficient vision to
operate a commercial vehicle." Mr. Nehls reported that he has driven
tractor-trailer combinations for 32 years, accumulating 4 million
miles. He holds a Class A CDL from South Dakota. His driving record for
the last 3 years shows no crashes or convictions for moving violations
in a CMV. Dean B. Ponte Mr. Ponte, 37, has had amblyopia in his left eye since childhood.
The best corrected visual acuity in his right eye is 20/15 and in the
left, 20/60. Following an examination in 2005, his optometrist noted,
"It is my opinion that he has sufficient vision to operate a
commercial vehicle." Mr. Ponte reported that he has driven straight
trucks for 15 years, accumulating 300,000 miles and tractor-trailer
combinations for 3 years, accumulating 90,000 miles. He holds a Class A
CDL from Massachusetts. His driving record for the last 3 years shows
no crashes or convictions for moving violations in a CMV. John P. Rodrigues Mr. Rodrigues, 58, has had amblyopia in his right eye since
childhood. The best corrected visual acuity in his right eye is 20/100
and in the left, 20/20. Following an examination in 2005, his
optometrist noted, "It is my medical opinion that Mr. Rodrigues has
sufficient vision to operate a commercial vehicle." Mr. Rodrigues
reported that he has driven straight trucks for 20 years, accumulating
1 million miles and tractor-trailer combinations for 20 years,
accumulating 1.5 million miles. He holds a Class A CDL from Texas. His
driving record for the last 3 years shows no crashes or convictions for
moving violations in a CMV. Paul D. Schnautz Mr. Schnautz, 57, has had a central scotoma in his left eye since
childhood. The best corrected visual acuity in his right eye is 20/20
and in the left, 20/400. His optometrist examined him in 2005 and
noted, "It is my opinion, Mr. Schnautz has sufficient vision to
perform the driving tasks required to operate a commercial vehicle."
Mr. Schnautz reported that he has driven straight trucks for 14 years,
accumulating 560,000 miles, and [[Page 71887]] tractor-trailer combinations for 38 years, accumulating 3 million
miles. He holds a Class A CDL from Texas. His driving record for the
last 3 years shows no crashes and one conviction--failure to use his
seat belt properly--in a CMV. Robert A. Sherry Mr. Sherry, 48, has had amblyopia in his right eye since childhood.
The best corrected visual acuity in his right eye is 20/400 and in the
left, 20/15. His optometrist examined him in 2005 and noted
"Uncorrected visual acuity meets criteria to operate a commercial
vehicle." Mr. Sherry reported that he has driven straight trucks for 5
years, accumulating 25,000 miles and tractor-trailer combinations for
30 years, accumulating 1.95 million 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. Thomas E. Voyles, Jr. Mr. Voyles, 53, has had histoplasmosis retinitis in his left eye
since 1999. The best corrected visual acuity in his right eye is 20/15
and in the left, count-finger-vision at 10 feet. His optometrist
examined him in 2005 and noted "It is my opinion that Thomas E.
Voyles, Jr. has adequate vision to safely operate a commercial motor
vehicle." Mr. Voyles reported that he has driven straight trucks for
30 years, accumulating 150,000 miles. He holds a Class M chauffer
license from Indiana. His driving record for the last 3 years shows no
crashes or convictions for moving violations in a CMV. Issued on: November 21, 2005.
Rose A. McMurray,
Associate Administrator, Policy and Program Development.
[FR Doc. 05-23490 Filed 11-29-05; 8:45 am] BILLING CODE 4910-EX-P
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