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[Federal Register: January 31, 2006 (Volume 71, Number 20)]
[Notices]
[Page 5105-5107]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31ja06-92] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2005-23238] Qualification of Drivers; Exemption Applications; Vision AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemptions; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces receipt of applications from 14 individuals
for an exemption from the vision requirement in the Federal Motor
Carrier Safety Regulations. If granted, the exemptions would enable
these individuals to qualify as drivers of commercial motor vehicles
(CMVs) in interstate commerce without meeting the Federal vision
standard. DATES: Comments must be received on or before March 2, 2006. ADDRESSES: You may submit comments identified by DOT Docket Management
System (DMS) Docket Number FMCSA-2005-23238 using any of the following
methods: - Web site: http://dmses.dot.gov/submit. 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.
- Federal eRulemaking Portal: Go to http://www.regulations.gov.
Follow the online instructions for submitting comments.
Instructions: 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. Please see the Privacy Act heading for further
information. Docket: For access to the docket to read background documents or
comments received, go to http://dms.dot.gov at any time or 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. The DMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments online. Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person 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 (65 FR
19477; Apr. 11, 2000). This information is also available at http://dms.dot.gov. FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Chief, Physical [[Page 5106]]
Qualifications Division, (202) 366-4001, maggi.gunnels@fmcsa.dot.gov,
FMCSA, Department of Transportation, 400 Seventh Street, SW.,
Washington, DC 20590-0001. Office hours are from 8 a.m. to 5 p.m.,
e.s.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: 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 14 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 Nick D. Bacon Mr. Bacon, 29, has had refractive amblyopia strabismus 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 ophthalmologist examined him in
2005 and noted, "In my opinion, Mr. Bacon has sufficient vision
including visual field, to perform the driving tasks required to
operate a commercial motor vehicle." Mr. Bacon reported that he has
driven straight trucks for 6 years, accumulating 120,000 miles. He
holds a Class B CDL from Kentucky. His driving record for the last 3
years shows no crashes or convictions for moving violations in a CMV. Donald G. Bostic, Jr. Mr. Bostic, 47, has had age related macular degeneration in his
right eye for 23 years. The best corrected visual acuity in his right
eye is 20/200 and in the left, 20/20. Following an examination in 2005,
his ophthalmologist noted, "In my opinion, Mr. Bostic has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle." Mr. Bostic reported that he has driven straight trucks for
13 years, accumulating 780,000 miles, and tractor-trailer combinations
for 2.5 years, accumulating 75,000 miles. He holds a Class A CDL from
West Virginia. His driving record for the last 3 years shows no crashes
or convictions for moving violations in a CMV. Johnny W. Bradford Mr. Bradford, 57, has a prosthetic right eye due to trauma he
sustained in 1980. The best corrected visual acuity in his left eye is
20/20. His ophthalmologist examined him in 2005 and noted, "In my
opinion, Johnny is sufficient with his eye sight and glasses to drive a
commercial vehicle." Mr. Bradford reported that he has driven tractor-
trailer combinations for 3 years, accumulating 85,500 miles. He holds a
Class A CDL from Kentucky. His driving record for the last 3 years
shows no crashes or convictions for moving violations in a CMV. Aaron C. Buck Mr. Buck, 36, has a prosthetic left eye due to trauma he sustained
in 1979. The visual acuity in his right eye is 20/20. Following an
examination in 2005, his optometrist noted, "I believe, Mr. Aaron Buck
has sufficient vision to perform the driving tasks to operate a
commercial vehicle." Mr. Buck reported that he has driven straight
trucks for 8 years, accumulating 280,000 miles. He holds a Class 1
operator's license from Vermont, which qualifies him to drive all non-
commercial motor vehicles except motorcycles and school buses. His
driving record for the last 3 years shows no crashes or convictions for
moving violations in a CMV. James C. Davis Mr. Davis, 63, has had stable loss of vision in his left eye due to
an unknown cause since 1981. The best corrected visual acuity in his
right eye is 20/20 and in the left, 20/400. Following an examination in
2005, his ophthalmologist noted, "Given that Mr. Davis has a visual
acuity of 20/20 with a normal full vision field in the right, it
appears that Mr. Davis has significant vision to perform the driving
tasks required to operate a commercial vehicle." Mr. Davis reported
that he has driven straight trucks for 40 years, accumulating 600,000
miles, and tractor-trailer combinations for 27 years, accumulating
270,000 miles. He holds a Class C operator's license from Florida. His
driving record for the last 3 years shows no crashes or convictions for
moving violations in a CMV. James H. Eldridge Jr. Mr. Eldridge, 63, has had chorodial revascularization in his right
eye since 1997. The best corrected visual acuity in his right eye is
count-finger-vision at 5 feet and in the left, 20/25. His optometrist
examined him in 2005 and noted, "Despite the central vision loss in
the right eye, I feel he has adequate vision to operate a commercial
vehicle." Mr. Eldridge reported that he has driven straight trucks for
45 years, accumulating 1.3 million miles and tractor-trailer
combinations for 15 years, accumulating 375,000 miles. He holds a Class
A CDL from Ohio. His driving record for the last 3 years shows no
crashes or convictions for moving violations in a CMV. Michael G. Gould Mr. Gould, 49, has had angle recession glaucoma in his right eye
since 2000. The best corrected visual acuity in his right eye is 20/80
and in the left, 20/20. Following an examination in 2005, his
optometrist noted, "Mr. Gould has a full 120 degree field in the left
eye and a nearly full 110 depth field in the right eye. I believe that
represents excellent vision for Mr. Gould and should cause no problem
for him operating a commercial motor vehicle." Mr. Gould reported that
he has driven straight trucks for 21 years, accumulating 525,000 miles.
He holds a Class C chauffer license from Michigan. His driving record
for the last 3 years shows no crashes or convictions for moving
violations in a CMV. Albert L. Gschwind Mr. Gschwind, 55, has an idiopathic subfoveal subretinal
neovascular membrane in his left eye since 1999. The best corrected
visual acuity in his right eye is 20/20 and in his left eye, 20/50.
Following an examination in 2005, his ophthalmologist noted, "I feel
that based on his current visual function and examination, that he has
sufficient vision to perform the driving task required to operate a
commercial vehicle." Mr. Gschwind reported that he has driven straight
trucks for 34 years, accumulating 272,000 miles, and tractor-trailer
combinations for 33 years, accumulating 1.4 million miles. He holds a
Class A CDL from Wisconsin. His driving record for the last 3 years
shows no crashes or convictions for moving violations in a CMV. Bruce A. Homan Mr. Homan, 50, has had central vision loss in his left eye since
1998. The best visual acuity in his right eye is 20/25 and in the left,
20/400. His optometrist examined him in 2005 and noted, "It is my
medical opinion that Mr. Homan can perform the driving tasks required
to operate a commercial vehicle as he has been doing." Mr. Homan
reported that he has driven tractor-trailer combinations for 20 years,
accumulating 600,000 miles. He holds a Class A CDL [[Page 5107]]
from Washington. 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 12 mph. Matthew J. Konecki Mr. Konecki, 37, has had anisometropic amblyopia in his left eye
since birth. The best corrected visual acuity in his right eye is 20/
15-2 and in the left, 20/200. His ophthalmologist examined him in 2005
and noted, "It is my opinion that Mr. Konecki has sufficient vision to
perform the driving tasks required to operate a commercial vehicle."
Mr. Konecki reported that he has driven straight trucks for 7 years,
accumulating 91,000 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. Rick P. Moreno Mr. Moreno, 42, has a macular hole in his right eye due to an
injury he sustained in 1987. 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, "In my medical opinion, I feel Rick has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle." Mr. Moreno reported that he has driven straight
trucks for 1 year, accumulating 24,000 miles and tractor-trailer
combinations for 3 years, accumulating 2.8 million 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. Roy J. Oltman Mr. Oltman, 47, is blind in the left eye due to trauma he sustained
at the age of 7. The best corrected visual acuity in his right eye is
20/20. His ophthalmologist examined him in 2005 and noted, "From a
visual standpoint, I see no limitations for Mr. Oltman. As I explained
to him, I do not know all activities needed for operating a commercial
vehicle, but for a person with only one eye, his visual function is
excellent in the right eye." Mr. Oltman reported that he has driven
straight trucks for 5 years, accumulating 10,000 miles and buses for 7
years, accumulating 10,500 miles. He holds a Class A CDL from Illinois.
His driving record for the last 3 years shows no crashes or convictions
for a moving violation in a CMV. Monte L. Purciful Mr. Purciful, 53, has a cataract in his right eye due to a
traumatic injury that occurred at age 11. The best corrected visual
acuity in his right eye is hand motion and in the left, 20/20. His
ophthalmologist examined him in 2005 and noted, "In my professional
opinion, Mr. Purciful has adequate vision to safely operate a
commercial vehicle." Mr. Purciful reported that he has driven straight
trucks for 36 years, accumulating 108,000 miles and tractor-trailer
combinations for 2 years, accumulating 2,000 miles. He holds a Class C
operator's license from Georgia. His driving record for the last 3
years shows no crashes or convictions for moving violations in a CMV. Bernard J. Wood Mr. Wood, 59, has a prosthetic right eye due to a traumatic injury
at age 2. The best corrected visual acuity in his left eye is 20/15-1.
Following an examination in 2005, his ophthalmologist noted, "In my
opinion, Mr. Wood is capable and qualified to operate a commercial
vehicle for interstate travel." Mr. Wood reported that he has driven
straight trucks for 10 years, accumulating 400,000 miles. He holds a
Class A CDL from Wisconsin. His driving record for the last 3 years
shows one crash, for which he was not cited, for violating any traffic
laws and no convictions for moving violations in a CMV. Request for Comments In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. The agency will consider all comments
received before the close of business March 2, 2006. Comments will be
available for examination in the docket at the location listed under
the ADDRESSES section of this notice. The agency will file comments
received after the comment closing date in the public docket, and will
consider them to the extent practicable. In addition to late comments,
FMCSA will also continue to file, in the public docket, relevant
information that becomes available after the comment closing date.
Interested persons should monitor the public docket for new material. Issued on: January 23, 2006.
Rose A. McMurray,
Associate Administrator, Policy and Program Development.
[FR Doc. E6-1154 Filed 1-30-06; 8:45 am] BILLING CODE 4910-EX-P
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