[Federal Register Volume 65, Number 143 (Tuesday, July 25, 2000)]
[Notices]
[Pages 45817-45825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18775]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2000-7363]


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 70 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 August 24, 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

    Seventy 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 
(and

[[Page 45818]]

previously the FHWA) 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 70 exemption requests on its merits, as required by 49 
U.S.C. 31315 and 31136(e), and preliminarily determined that exempting 
these 70 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. Henry Wayne Adams

    Mr. Henry Wayne Adams, 54, has been blind in his left eye since 
1988 due to an accident. The best corrected visual acuity in his right 
eye is 20/20. He was examined in 1999 by an optometrist who stated, 
``In summation, his condition is stable and he should have sufficient 
vision to perform the necessary driving tasks required to operate a 
commercial vehicle.''
    Mr. Adams has driven straight trucks for 6 years, accumulating 
360,000 miles and tractor-trailer combination vehicles for 3 years, 
accumulating 135,000 miles. He holds an Alabama Class D license. His 
official driving record shows no accidents and no convictions of moving 
violations in a CMV for the past 3 years.

2. Willie F. Adams

    Mr. Willie F. Adams, 43, has amblyopia in his right eye. His best 
corrected visual acuity is 20/20 in the left eye and 20/400 in the 
right eye. He was examined in 1999 by an optometrist who stated, ``In 
my opinion, Fred Adams is capable of operating a commercial vehicle.''
    Mr. Adams has driven straight trucks for 20 years, accumulating 1.6 
million miles and tractor-trailer combination vehicles for 2 years, 
accumulating 130,000 miles. He holds an Alabama Class DM license. His 
official driving record shows no accidents and no convictions of moving 
violations in a CMV for the last 3 years.

3. Fernando Aguilera

    Mr. Fernando Aguilera, 38, has amblyopia in his left eye. His best 
corrected visual acuity is 20/20+2 in the right eye and 20/200 in the 
left eye. He was examined in 2000 by an optometrist who stated, ``It is 
my opinion that Mr. Aguilera has sufficient vision to perform the 
driving tasks required to operate a commercial motor vehicle.''
    Mr. Aguilera has driven straight trucks for 11 years, accumulating 
990,000 miles and tractor-trailer combination vehicles for 1 year, 
accumulating 90,000 miles. He holds a California Class A CDL. His 
official driving record shows no accidents and no convictions of moving 
violations in a CMV for the past 3 years.

4. Louis Edward Aldridge

    Mr. Aldridge, 57, has amblyopia in his right eye. His best 
corrected visual acuity is 20/20 in the left eye and 20/200 in the 
right eye. He was examined in 1999 by an optometrist who stated, 
``There is no visual reason to keep Mr. Aldridge from safely driving a 
commercial vehicle.''
    Mr. Aldridge has driven straight trucks for 20 years, accumulating 
500,000 miles. He holds a Maryland Class CM license. His official 
driving record shows no accidents and no convictions of moving 
violations in a CMV for the past 3 years.

5. Larry Neal Arrington

    Mr. Larry Neal Arrington, 54, 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. He was examined in 1999 by an optometrist who stated, 
``Vision of OD [right] is sufficient to perform the driving tasks 
required to operate a commercial vehicle.''
    Mr. Arrington has driven straight trucks for 26.5 years, 
accumulating 795,000 miles. He holds a North Carolina Class B CDL. His 
official driving record shows no accidents and no convictions of moving 
violations in a CMV for the past 3 years.

6. David W. Ball

    Mr. David W. Ball, 47, has had decreased vision in his right eye 
since an injury in 1966. His best corrected visual acuity is 20/20 in 
the left eye and 20/60 in the right eye. He was examined in 1999 by an 
ophthalmologist who stated, ``Your examination is essentially unchanged 
from approximately one year ago and I see no reason that you cannot 
continue to perform your driving tasks as a commercial driver.''
    Mr. Ball has driven straight trucks for 29 years, accumulating over 
2.1 million miles. He holds a Missouri Class E commercial license. His 
official driving record shows no accidents and no convictions of moving 
violations in a CMV for the past 3 years.

7. Delbert Ronnie Bays

    Mr. Delbert Ronnie Bays, 43, wears a prosthesis in his right eye as 
the result of an injury in 1971. The visual acuity in his left eye is 
20/20, uncorrected. He was examined in 1999 by an ophthalmologist who 
stated, ``In summary, the vision in his left eye is sufficient to 
perform the driving tasks required to operate a commercial vehicle.''
    Mr. Bays has driven both straight trucks and tractor-trailer 
combination vehicles for 22 years, accumulating a total of 682,000 
miles. He holds a Kentucky Class DMA CDL. His official driving record 
shows no accidents and no convictions of moving violations in a CMV for 
the last 3 years.

8. Rosa C. Beaumont

    Ms. Rosa C. Beaumont, 53, has amblyopia in her right eye. Her best 
corrected visual acuity is 20/20 in the left eye and 20/400 in the 
right eye. She was examined in 1999 by an ophthalmologist who stated, 
``It is the examiner's opinion that the patient has sufficient vision 
to perform the driving tasks required to operate a commercial 
vehicle.''
    Ms. Beaumont has driven buses for 8 years, accumulating 800,000 
miles. She holds a Washington Class B CDL. Her official driving record 
shows no accidents and no convictions of moving violations in a CMV for 
the past 3 years.

9. Jerry A. Bechtold

    Mr. Jerry A. Bechtold, 47, is blind in his right eye due to trauma 
and wears a prosthesis. His best corrected visual acuity is 20/20 in 
the left eye. He was examined in 1999 by an optometrist who stated, 
``Because of his successful history he should be able to perform the 
driving tasks required to operate a commercial vehicle.''
    Mr. Bechtold has driven straight trucks for 25 years, accumulating 
over 1.2 million miles. He holds an Illinois Class B CDL. His official 
driving record shows no accidents and no convictions of moving 
violations in a CMV for the past 3 years.

10. Robert F. Berry

    Mr. Robert F. Berry, 55, has amblyopia in his right eye. His best 
corrected visual acuity is 20/15 in the left eye and 20/200 in the 
right eye. He was examined in 1999 by an optometrist who stated, ``It 
is my medical opinion that Robert F. Berry has sufficient vision to 
perform the tasks needed to operate a commercial vehicle.''
    Mr. Berry has driven straight trucks for 23 years, accumulating 
over 620,000 miles. He holds a Maine Class B CDL. His official driving 
record shows one accident and no convictions of moving violations in a 
CMV. No citations were issued in the accident. Mr. Berry

[[Page 45819]]

swerved to avoid a head-on collision with an oncoming vehicle in his 
lane.

11. James A. Bright

    Mr. James A. Bright, 51, has amblyopia in his left eye. His best 
corrected visual acuity is 20/25- in the right eye and 20/60 in the 
left eye. He was examined in 2000 by an ophthalmologist who stated, 
``Due to the results of his exam, I believe he has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.''
    Mr. Bright has driven straight trucks for 4 years, accumulating 
20,000 miles and tractor-trailer combination vehicles for 27 years, 
accumulating over 890,000 miles. He holds a Texas Class A CDL. His 
official driving record shows no accidents and no convictions of moving 
violations in a CMV for the past 3 years.

12. Robert R. Buis

    Mr. Robert R. Buis, 59, has had no functional vision in his left 
eye since childhood. His best corrected visual acuity is 20/25- in the 
right eye and no light perception in the left eye. He was examined in 
1999 by an ophthalmologist who stated, ``He has sufficient vision to 
perform driving tasks required to operate a commercial vehicle.''
    Mr. Buis has driven straight trucks for 3 years, accumulating 3,000 
miles. He has driven tractor-trailer combination vehicles for 40 years, 
accumulating over 2 million miles. He holds a Kentucky Class DA 
Operator/CDL license. His official driving record shows no accidents 
and no convictions of moving violations in a CMV for the past 3 years.

13. David Dominick Bungori

    Mr. David Dominick Bungori, 45, 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. He was examined in 1999 by an optometrist who stated, 
``Medically Mr. Bungori may perform all driving tasks required for 
commercial vehicle operation.''
    Mr. Bungori has driven tractor-trailer combination vehicles for 24 
years, accumulating 792,000 miles. He holds a Maryland Class A CDL. His 
official driving record shows no accidents and no convictions of moving 
violations in a CMV for the last 3 years.

14. Ronzie L. Carroll

    Mr. Ronzie L. Carroll, 57, has a macular scar in his left eye. His 
visual acuity is 20/20 in the right eye and 20/100 in the left eye. He 
was examined in 1999 by an optometrist who stated, ``I believe the 
patient has adequate vision to operate a commercial vehicle.''
    Mr. Carroll has driven tractor-trailer combination vehicles for 28 
years, accumulating over 2 million miles. He holds a Georgia Class AM 
CDL. His official driving record shows no accidents and no convictions 
of moving violations in a CMV for the last 3 years.

15. Richard S. Carter

    Mr. Richard S. Carter, 55, has amblyopia in his left eye. His best 
corrected visual acuity is 20/20 in the right eye and 20/100 in the 
left eye. He was examined in 1999 by an optometrist who stated, ``It is 
my opinion that Mr. Carter has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.''
    Mr. Carter has driven both straight trucks and tractor-trailer 
combination vehicles for 30 years, accumulating a total of more than 
2.7 million miles. He holds a Florida Class A CDL. His official driving 
record for the past 3 years shows no accidents and one conviction for 
``Load dropping/shifting/escaping'' in a CMV.

16. Lynn A. Childress

    Mr. Lynn A. Childress, 52, has a retinal scar in his right eye as 
the result of a childhood injury. His best corrected visual acuity is 
20/15-2 in the right eye and light perception in the left eye. He was 
examined in 1999 by an optometrist who stated, ``Mr. Childress is 
certainly well adapted to his visual situation by now, and has been 
driving commercial vehicles safely within the Commonwealth of Virginia. 
With this in mind, I feel his vision is sufficient to perform the 
driving tasks required to operate a commercial vehicle.''
    Mr. Childress has driven straight trucks for 20 years, accumulating 
over 1.4 million miles and tractor-trailer combination vehicles for 4 
years, accumulating 400,000 miles. He holds a Virginia Class A CDL. His 
official driving record shows no accidents and no convictions of moving 
violations in a CMV for the last 3 years.

17. Kevin L. Cole

    Mr. Kevin L. Cole, 48, is blind in his right eye as the result of 
trauma. The visual acuity is 20/15+2 in his left eye. He was examined 
in 1999 by an ophthalmologist who stated, ``In my medical opinion I do 
not see any medical indications that would prohibit him from continuing 
to drive a commercial vehicle in the future.''
    Mr. Cole has driven straight trucks for 30 years, accumulating 
600,000 miles and tractor-trailer combination vehicles for 26 years, 
accumulating 390,000 miles. He holds a Missouri Class A CDL. His 
official driving record shows no accidents and no convictions of moving 
violations in a CMV for the past 3 years.

18. David R. Cox

    Mr. David R. Cox, 42, has visual acuity of hand motion in his right 
eye due to ocular trauma. The visual acuity in his left eye is 
correctable to 20/20. He was examined in 1998 by an ophthalmologist who 
stated, ``I certify that in my opinion he is capable of performing the 
driving tasks required to operate a commercial motor vehicle.''
    Mr. Cox has driven tractor-trailer combination vehicles for 20 
years, accumulating 2 million miles. He holds an Oregon Class A CDL. 
His official driving record shows no accidents and no convictions of 
moving violations in a CMV for the past 3 years.

19. Gerald Wade Cox

    Mr. Gerald Wade Cox, 42, lost his left eye due to trauma when he 
was 12 years old. The best corrected visual acuity in his right eye is 
20/15. He was examined in 1999 by an opthalmologist who stated, ``Mr. 
Cox's vision is sufficient to perform commercial driving.''
    Mr. Cox has driven straight trucks for 22 years, accumulating 
77,000 miles and tractor-trailer combination vehicles for 11 years, 
accumulating 825,000 miles. He holds an Alabama Class AM license. His 
official driving record shows no accidents and one moving conviction 
for ``Failure to obey traffic signal/light'' in a CMV, for the last 3 
years.

20. Dempsey Leroy Crawhorn, Jr.

    Mr. Dempsey Leroy Crawhorn, Jr., 48, has amblyopia in his left eye. 
His best corrected visual acuity is 20/20 in the right eye and 20/50-2 
in the left eye. He was examined in 2000 by an optometrist who stated, 
``In my opinion Mr. Crawhorn does have sufficient vision to operate a 
commercial vehicle.''
    Mr. Crawhorn has driven tractor-trailer combination vehicles for 5 
years, accumulating over 490,000 miles. He holds an Indiana operator's 
license. His official driving record shows no accidents or convictions 
of moving violations in a CMV for the past 3 years.

21. Thomas P. Cummings

    Mr. Thomas P. Cummings, 56, has been blind in his right eye due to 
trauma for at least 8 years. The best corrected visual acuity is 20/20 
in his left eye. He was examined in 1999 by an optometrist who stated, 
``I feel he has sufficient vision for a commercial vehicle.''
    Mr. Cummings has driven tractor-trailer combination vehicles for 21 
years, accumulating more than 1.8 million miles. He holds a Wisconsin

[[Page 45820]]

Class ABCD CDL. His official driving record shows no accidents and one 
citation for operating while disqualified.

22. Cedric E. Foster

    Mr. Cedric E. Foster, 50, has only light perception in his right 
eye due to injury. His best corrected visual acuity in the left eye is 
20/20. He was examined in 1999 by an optometrist who stated, ``In my 
medical opinion, Mr. Foster has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.''
    Mr. Foster has driven straight trucks for 5 years, accumulating 
100,000 miles and buses for 14 years, accumulating 224,000 miles. He 
holds an Illinois Class B CDL. His official driving history shows no 
accidents and no convictions of moving violations in a CMV for the past 
3 years.

23. Rosalie A. Gifford

    Ms. Rosalie A. Gifford, 62, has had central vision loss in her left 
eye since at least 1964. The cause is unknown. Her best corrected 
visual acuity is 20/20 in the right eye and 20/50 in the left eye. She 
was examined in 1999 by an optometrist who stated, ``It is my opinion 
that this small central defect in Rosalie's left eye in no way affects 
her ability to operate a commercial vehicle.''
    Ms. Gifford has driven buses for 13 years, accumulating 234,000 
miles. She holds an Arizona Class B license. Her official driving 
record shows no accidents and no convictions of moving violations in a 
CMV for the last 3 years.

24. Eugene Anthony Gitzen

    Mr. Eugene Anthony Gitzen, 37, is blind in his right eye as the 
result of an injury over 18 years ago. The best corrected visual acuity 
in his left eye is 20/20. He was examined in 1999 by an optometrist who 
stated, ``In my professional medical opinion, Mr. Gitzen has sufficient 
vision to perform the driving tasks required to operate a commercial 
motor vehicle.''
    Mr. Gitzen has driven both straight trucks and tractor-trailer 
combination vehicles for 17 years, accumulating a total of more than 
850,000 miles. He holds a Minnesota Class A CDL. His official driving 
record shows no accidents and no convictions for moving violations in a 
CMV for the past 3 years.

25. Donald Grogan

    Mr. Donald Grogan, 58, has amblyopia in his left eye. His best 
corrected visual acuity is 20/20 in the right eye and 20/400 in the 
left eye. Mr. Grogan was examined in 1999 by an ophthalmologist who 
stated, ``Donald Grogan's vision is sufficient for driving a commercial 
vehicle.''
    Mr. Grogan has driven tractor-trailer combination vehicles for 32 
years, accumulating over 3.5 million miles. He holds an Alabama Class D 
license. His official driving record shows one accident and no 
convictions of moving violations in a CMV for the past 3 years. 
According to the accident report, the other vehicle involved failed to 
yield the right of way, causing Mr. Grogan to collide with it. Neither 
driver was charged in the accident.

26. Elmer Harper

    Mr. Elmer Harper, 49, has been blind in his left eye since 
childhood due to injury. His visual acuity is 20/20 in the right eye. 
He was examined in 1999 by an ophthalmologist who stated, ``It is my 
opinion that as far as Mr. Harper's vision goes, he should be able to 
operate a commercial vehicle.''
    Mr. Harper has driven straight trucks for 30 years, accumulating 
780,000 miles. He holds a Tennessee Class A CDL. His official driving 
record shows no accidents and no convictions of moving violations in a 
CMV for the past 3 years.

27. Peter L. Haubruck

    Mr. Peter L. Haubruck, 53, has amblyopia in his left eye. His best 
corrected visual acuity is 20/20 in the right eye and 20/50 in the left 
eye. He was examined in 1999 by an ophthalmologist who stated, ``It is 
my opinion that his vision is sufficient to operate a commercial 
vehicle.''
    Mr. Haubruck has driven straight trucks for 28 years, accumulating 
more than 420,000 miles and tractor-trailer combination vehicles for 15 
years, accumulating more than 75,000 miles. He holds a New Jersey Class 
A CDL. His official driving record shows no accidents and no 
convictions of moving violations in a CMV for the last 3 years.

28. Joe Marvin Hill

    Mr. Joe Marvin Hill, 52, has amblyopia in his right eye. His best 
corrected visual acuity is 20/20 in the left eye and 20/200 in the 
right eye. He was examined in 1999 by an optometrist who stated, ``It 
is my opinion that Mr. Hill has adequate central and peripheral vision 
to operate a commercial vehicle.''
    Mr. Hill has driven tractor-trailer combination vehicles for 32 
years, accumulating 3.8 million miles. He holds a Texas Class A CDL. 
His official driving record shows no accidents and one conviction for a 
serious speeding violation in a CMV for the past 3 years.

29. Brian L. Houle

    Mr. Brian L. Houle, 27, has a macular hole in his left eye due to 
trauma. His best corrected visual acuity is 20/10 in the right eye and 
20/200 in the left eye. He was examined in 1999 by an optometrist who 
stated, ``Brian Houle has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.''
    Mr. Houle has driven straight trucks for over 5 years, accumulating 
over 125,000 miles. He holds a New York Class A CDL. His official 
driving record for the past 3 years shows no accidents and one 
conviction for ``Unauthorized towing'' in a CMV.

30. Christopher L. Humphries

    Mr. Christopher L. Humphries, 38, suffered an injury in his left 
eye as a child, causing a traumatic cataract. He underwent cataract 
extraction and lens implantation six years ago. Mr. Humphries' best 
corrected visual acuity is 20/20 in the right eye and 20/60 in the left 
eye. He was examined in 1999 by an optometrist who stated, ``Although 
his left monocular vision is reduced to below standard, his binocular 
vision should be deemed safe for commercial drivers licensure.''
    Mr. Humphries has driven straight trucks for 4.5 years, 
accumulating 162,000 miles. He holds a Texas Class B CDL. His official 
driving record shows no accidents or convictions of moving violations 
in a CMV for the past 3 years.

31. Craig C. Irish

    Mr. Craig C. Irish, 42, has reduced visual acuity in his left eye 
as the result of trauma. His best corrected visual acuity is 20/20 in 
the right eye and 20/60 in the left eye. He was examined in 1999 by an 
ophthalmologist who stated, ``I believe his current visual acuity and 
function is sufficient to safely operate commercially.''
    Mr. Irish has driven straight trucks for 9 years, accumulating over 
315,000 miles and tractor-trailer combination vehicles for 12 years, 
accumulating over 420,000 miles. He holds a Maine Class A CDL. His 
official driving record shows no accidents and no convictions of moving 
violations in a CMV for the past 3 years.

32. Donald R. Jackson

    Mr. Donald R. Jackson, 50, has amblyopia in his right eye secondary 
to congenital corneal scarring. His best corrected visual acuity is 20/
20 in his left eye and 20/400 in his right eye. He was examined by an 
optometrist in 1999 who stated, ``It is my understanding that Mr. 
Jackson has maintained a commercial license for the last fifteen

[[Page 45821]]

years without an accident. This would certainly imply to my 
professional judgment that he has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.''
    Mr. Jackson has driven tractor-trailer combination vehicles for 15 
years, accumulating over 1.4 million miles. He holds an Ohio Class A 
CDL. His official driving history shows no accidents and no convictions 
of moving violations in a CMV for the last 3 years.

33. Nelson V. Jaramillo

    Mr. Nelson V. Jaramillo, 31, has amblyopia in his left eye. His 
best corrected visual acuity is 20/20 in the right eye and 20/200 in 
left eye. He was examined in 1999 by an ophthalmologist who stated, 
``In my opinion this patient is able to perform driving tasks required 
to operate commercial vehicles.''
    Mr. Jaramillo has driven straight trucks for 9 years, accumulating 
58,500 miles. He holds a Massachusetts Class D license. His official 
driving record shows no accidents and no convictions of moving 
violations in a CMV for the past 3 years.

34. Daryl A. Jester

    Mr. Daryl A. Jester, 42, has been blind in his left eye since 
childhood and wears a prosthesis. His best corrected visual acuity is 
20/20 in the right eye. He was examined in 2000 by an optometrist who 
stated, ``I certify that patient has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.''
    Mr. Jester has driven straight trucks for 22 years, accumulating 
330,000 miles. He holds a Utah Class B CDL. His official driving record 
shows no accidents and no convictions of moving violations in a CMV for 
the last 3 years.

35. Joseph Vernon Johns

    Mr. Joseph Vernon Johns, 37, has been blind in his right eye since 
1992 as the result of an automobile accident. His visual acuity is 20/
20 in the left eye, uncorrected. He was examined in 1999 by an 
optometrist who stated, ``Based on my examination and the visual field 
performed on Mr. Johns, I certify that his vision is stable and my 
medical opinion is that he has sufficient vision to operate a 
commercial vehicle under normal conditions as per your requirements.''
    Mr. Johns has driven straight trucks for 3 years, accumulating 
45,000 miles and tractor-trailer combination vehicles for 11 years, 
accumulating 1.2 million miles. He holds a Louisiana Class A CDL. His 
official driving record shows one accident and no convictions for 
moving violations in a CMV for the past 3 years. Mr. Johns was not 
cited for the accident. He was struck from behind by the other vehicle 
involved. That driver was cited for following too closely.

36. Jimmie W. Judkins

    Mr. Jimmie W. Judkins, 53, has amblyopia in his left eye. His best 
corrected visual acuity is 20/20 in the right eye and 20/60+ in the 
left eye. He was examined in 1999 by an ophthalmologist who stated, 
``He should have sufficient vision to perform the driving test required 
to operate a commercial vehicle.''
    Mr. Judkins has driven straight trucks for 27 years, accumulating 
more than 1.3 million miles. He holds an Alabama Class AMV CDL. His 
official driving record shows no accidents and no convictions of moving 
violations in a CMV for the past 3 years. 9

37. Kurth A. Kapke

    Mr. Kurth A. Kapke, 41, has amblyopia in his left eye. His best 
corrected visual acuity is 20/20 in the right eye and 20/100 in the 
left eye. He was examined in 1999 by an ophthalmologist who stated, 
``It is my opinion that Mr. Kapke's visual acuity should not change 
from his present level and that he is able to operate a commercial 
vehicle with his spectacles.''
    Mr. Kapke has driven straight trucks for 6 years, accumulating 
312,000 miles. He holds a Wisconsin Class BCD CDL. His official driving 
record shows no accidents and no convictions of moving violations in a 
CMV for the last 3 years.

38. Johnny M. Kruprzak

    Mr. Johnny M. Kruprzak, 34, has decreased vision in his right eye 
due to injury. His best corrected visual acuity is 20/20 in the left 
eye and light perception in the right eye. He was examined in 2000 by 
an optometrist who stated, ``In our opinion he is capable of driving a 
commercial vehicle without problems.''
    Mr. Kruprzak has driven both straight trucks and tractor-trailer 
combination vehicles for 16 years, accumulating a total of more than 
1.1 million miles. He holds an Ohio Class A CDL. His official driving 
record shows no accidents and no convictions of moving violations in a 
CMV for the past 3 years.

39. Charles R. Kuderer

    Mr. Charles R. Kuderer, 50, has visual acuity of light perception 
in his right eye as the result of a childhood accident. His visual 
acuity is 20/20 in the left eye. He was examined in 1999 by an 
optometrist who stated, ``With additional head movement to compensate 
for decreased right eye central vision Mr. Kuderer has sufficient 
vision to safely operate a commercial vehicle.''
    Mr. Kuderer has driven straight trucks for 30 years, accumulating 
over 3.7 millions miles and tractor-trailer combination vehicles for 7 
years, accumulating 350,000 miles. He holds a Wisconsin Class ABCD CDL. 
His official driving record shows one accident and no convictions for 
moving violations in a CMV for the past 3 years. There were no injuries 
and no citations given as a result of the accident. Mr. Kuderer was 
stopped in the left center lane waiting to make a left turn. The other 
vehicle involved stopped to the back left of Mr. Kuderer, assuming he 
was proceeding straight. The other vehicle hit Mr. Kuderer when he 
turned left.

40. Thomas D. Laws

    Mr. Thomas D. Laws, 42, has amblyopia in his right eye. His best 
corrected visual acuity is 20/20 in the left eye and 20/50 in the right 
eye. He was examined in 1999 and his optometrist stated, ``The patient 
is perfectly normal and capable of operating a commercial vehicle as 
far as the eyes are concerned.''
    Thomas Laws has driven straight trucks for 11 years, accumulating 
over 220,000 miles and tractor-trailer combination vehicles for 15 
years, accumulating more than 22,500 miles. He holds an Indiana Class 
A-XT CDL. His official driving record shows no accidents or convictions 
of moving violations in a CMV for the past 3 years.

41. Demetrio Lozano

    Mr. Demetrio Lozano, 52, is blind in his right eye due to trauma. 
His visual acuity is 20/20 in the left eye. He was examined in 1999 by 
an optometrist who stated, ``In my medical opinion Mr. Lozano has 
sufficient vision to perform the driving tasks required of him to 
operate a commercial vehicle.''
    Mr. Lozano has driven straight trucks for 34 years, accumulating 
1.7 millions miles and tractor-trailer combination vehicles for 24 
years, accumulating 600,000 miles. He holds a Texas Class A CDL. His 
official driving record shows no accidents and no convictions of moving 
violations in a CMV for the past 3 years.

42. Wayne Mantela

    Mr. Wayne Mantela, 31, has been blind in his left eye since birth 
due to a congenital cataract. His visual acuity in his right eye is 20/
20 uncorrected. He was examined in 1999 by an ophthalmologist who 
stated, ``Mr.

[[Page 45822]]

Mantela should have no trouble operating a commercial vehicle.''
    Mr. Mantela has driven straight trucks for 3.5 years, accumulating 
over 157,000 miles. He holds a Kentucky Class D license. His official 
driving record shows no accidents and no convictions of moving 
violations in a CMV for the past 3 years.

43. Kenneth D. May

    Mr. Kenneth D. May, 51, has reduced central acuity in his left eye 
which has resulted from scarring in the center of the left eye as the 
result of a hemorrhage. His visual acuity is 20/20 in the right eye and 
20/200 in the left eye. He was examined in 1999 by an ophthalmologist 
who stated, ``He continues to have sufficient vision to perform the 
driving tasks required to operate commercial vehicles and he has been 
doing this safely and successfully since 1994.''
    Mr. May has driven tractor-trailer combination vehicles for 31 
years, accumulating over 3 million miles. He holds an Alabama Class AM 
CDL. His official driving record shows no accidents and no convictions 
of moving violations in a CMV for the last 3 years.

44. Jimmy R. Millage

    Mr. Jimmy R. Millage, 55, has had a central vision defect in his 
left eye since childhood due to trauma. His visual acuity is 20/20 in 
the right eye and 20/100 in the left eye. He was examined in 2000 by an 
ophthalmologist who stated, ``In my medical opinion and based upon the 
fact that the patient has had the same vision for almost 50 years and 
an excellent driving record since he began in 1988, he has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.''
    Mr. Millage has driven tractor-trailer combination vehicles for 11 
years, accumulating 924,000 miles. He holds a Texas Class A CDL. His 
official driving record shows no accidents and no convictions for 
moving violations in a CMV for the past 3 years.

45. Harold J. Mitchell

    Mr. Harold J. Mitchell, 50, has amblyopia in his left eye. His best 
corrected visual acuity is 20/20 in the right eye and 20/100 in the 
left eye. He was examined in 1999 by an optometrist who stated, ``It is 
my opinion that Mr. Harold Mitchell has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.''
    Mr. Mitchell has driven straight trucks for 30 years, accumulating 
1,500,000 miles and tractor-trailer combination vehicles for 24 years, 
accumulating 1,440,000 miles. He holds a Nevada Class AM license. His 
official driving record shows no accidents and no convictions of moving 
violations in a CMV for the last 3 years.

46. Gordon L. Nathan

    Mr. Gordon L. Nathan, 56, has amblyopia in his left eye. His best 
corrected visual acuity is 20/15 in the right eye and 20/100 in the 
left eye. He was examined by an optometrist in 1999 who stated, ``Mr. 
Nathan has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.''
    Mr. Nathan has driven straight trucks for 42 years, accumulating 
630,000 miles and tractor-trailer combination vehicles for 3.75 years, 
accumulating 37,500 miles. He holds a California Class AM1 CDL. His 
official driving record shows no accidents and no convictions of moving 
violations in a CMV for the last 3 years.

47. Jerry L. New

    Mr. Jerry L. New, 52, has a corneal scar in his right eye. His best 
corrected visual acuity is 20/20 in his left eye and 20/200 in his 
right eye. He was examined in 2000 by an optometrist who stated, ``It 
is my opinion that Mr. Jerry New has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.''
    Mr. New has driven tractor-trailer combination vehicles for 5 
years, accumulating 300,000 miles. He holds a Mississippi Class A CDL. 
His official driving record shows no accidents and no convictions of 
moving violations in a CMV for the last 3 years.

48. Bernice Ray Parnell

    Mr. Bernice Ray Parnell, 65, has choroidal melanoma in his left 
eye. His best corrected visual acuity is 20/20 in the right eye and 20/
400 in the left eye. He was examined by an optometrist in 1999 who 
stated, ``In my opinion, Mr. Parnell has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.''
    Mr. Parnell has driven tractor-trailer combination vehicles for 42 
years, accumulating over 5 million miles. He holds a North Carolina 
Class A CDL. His official driving record shows no accidents and no 
convictions of moving violations in a CMV for the past 3 years.

49. Aaron Pennington

    Mr. Aaron Pennington, 73, is blind in his left eye and wears a 
prosthesis. His best corrected visual acuity is 20/25 in the right eye. 
He was examined in 1999 by an ophthalmologist who stated, ``In my 
medical opinion, Mr. Pennington does have sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.''
    Mr. Pennington has driven straight trucks for 59 years, 
accumulating 885,000 miles and tractor-trailer combination vehicles for 
over 25 years, accumulating over 2.4 million miles. He holds a 
California Class A CDL. His official driving record shows no accidents 
and no convictions of moving violations in a CMV for the last 3 years.

50. Clifford C. Priesmeyer

    Mr. Clifford C. Priesmeyer, 51, suffered trauma to his left eye in 
1964 leaving visual acuity in that eye of 20/400. His best corrected 
visual acuity in the right eye is 20/20-1. He was examined in 1999 by 
an optometrist who stated, ``Although Mr. Priesmeyer's central vision 
is decreased in his left eye, his 20/20 vision in his right eye and 
unobstructed field of vision in both eyes, should allow him to operate 
a commercial vehicle without any difficulties.''
    Mr. Priesmeyer has driven straight trucks for 5 years, accumulating 
50,000 miles and tractor-trailer combination vehicles for 34 years, 
accumulating 1.7 million miles. He holds a Texas Class AM CDL. His 
official driving record shows no accidents and no convictions of moving 
violations in a CMV for the past 3 years.

51. George S. Rayson

    Mr. George S. Rayson, 36, has macular degeneration in the left eye 
with retinal scarring. His visual acuity is 20/20 in the right eye and 
20/400 in the left eye. He was examined in 1999 by an ophthalmologist 
who stated, ``This young man has been a driver for this company for 
which he works for a number of years and has proven to be a competent, 
careful driver with no history of any prior accidents. He is a valuable 
employee of this company and needs to continue in the capacity of a 
driver and it is my opinion that he has adequate vision for driving 
safely.''
    Mr. Rayson has driven straight trucks for 20 years, accumulating 
104,000 miles and tractor-trailer combination vehicles for 18 years, 
accumulating 630,000 miles. He holds an Ohio Class A CDL. His official 
driving record shows no accidents and 1 conviction of a violation in a 
CMV for the past 3 years. The conviction was for ``Expiration/no 
drivers license.''

52. Kevin D. Reece

    Mr. Kevin D. Reece, 29, has amblyopia in his right eye. His best 
corrected visual acuity is 20/20 in the left eye and 20/100 in the 
right eye. He was examined in 1999 by an optometrist

[[Page 45823]]

who stated, ``Due to Mr. Reece's long standing amblyopia; I feel that 
he would have no trouble driving a commercial vehicle or any other 
vehicle for that matter since this is the only vision he has ever known 
and he should get along quite nicely.''
    Mr. Reece has driven straight trucks for 8 years, accumulating over 
140,000 miles and tractor-trailer combination vehicles for 6 months, 
accumulating 500 miles. He holds a Tennessee Class B CDL. His official 
driving record shows no accidents and no convictions of moving 
violations in a CMV for the last 3 years.

53. Franklin Reed

    Mr. Franklin Reed, 58, has amblyopia in his right eye. His best 
corrected visual acuity is 20/20 in the left eye and 20/80 in the right 
eye. He was examined in 1999 by an ophthalmologist who stated, ``It is 
my medical opinion that Mr. Reed has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.''
    Mr. Reed has driven straight trucks for 2.5 years, accumulating 
125,000 miles and tractor-trailer combination vehicles for 35 years, 
accumulating 350,000 miles. He holds a North Carolina Class A CDL. His 
official driving record shows no accidents and no convictions of moving 
violations in a CMV for the past 3 years.

54. Arthur A. Sappington

    Mr. Arthur A. Sappington, 57, has amblyopia in his left eye. The 
best corrected visual acuity is 20/20 in his right eye and 20/800 in 
his left eye. He was examined by an optometrist in 1999 who stated, 
``It is my opinion that Mr. Sappington can operate a commercial vehicle 
safely, as he has safely done for the past 30 years.''
    Mr. Sappington has driven straight trucks for 39 years, 
accumulating over 1.1 million miles. He holds an Indiana Class B CDL. 
His official driving record shows no accidents and no convictions of 
moving violations in a CMV for the past 3 years.

55. James L. Schneider

    Mr. James L. Schneider, 58, has a history of extremely poor vision 
in the right eye from neovascular glaucoma from Sturge-Weber syndrome. 
His best corrected visual acuity is 20/20 in the left eye and light 
perception in the right eye. He was examined in 1999 by an 
ophthalmologist who stated, ``Based on the patient's history of having 
driven a commercial vehicle for many years with, reportedly, no 
accidents all while having essentially no vision in the right eye, it 
appears evident, in my medical opinion, that the patient has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.''
    Mr. Schneider has driven tractor-trailer combination vehicles for 
12 years, accumulating 1.2 million miles. He holds a New Mexico Class A 
CDL. His official driving record shows no accidents and one non-serious 
speeding violation in a CMV for the past 3 years.

56. Patrick W. Shea

    Mr. Patrick W. Shea, 47, is blind in his left eye due to a 
childhood injury. His visual acuity is 20/20 in the right eye. He was 
examined in 1999 by an ophthalmologist who stated, ``It is my medical 
opinion that Mr. Shea has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle and currently has no 
medical conditions related to the eyes.''
    Mr. Shea has driven straight trucks for 20 years, accumulating 
600,000 miles. He holds a Massachusetts Class D license. His official 
driving record shows no accidents and no convictions of moving 
violations in a CMV for the past 3 years.

57. Carl B. Simonye

    Mr. Carl B. Simonye, 48, has amblyopia in his left eye, as well as 
an old injury which caused scar tissue to form in the macular area. His 
best corrected visual acuity is 20/20 in the right eye and count 
fingers at 3 feet in the left eye. He was examined by an 
ophthalmologist in 1999 who stated, ``In my medical opinion, patient 
has sufficient vision to operate a commercial vehicle.''
    Mr. Simonye has driven both straight trucks and tractor-trailer 
combination vehicles for 30 years, accumulating a total of 105,000 
miles. He holds a New Jersey Class A CDL. His official driving record 
shows no accidents and no convictions of moving violations in a CMV for 
the past 3 years.

58. Ernie Sims

    Mr. Ernie Sims, 46, has been blind in his right eye since birth. 
His best corrected visual acuity is 20/20 in the left eye and light 
perception in the right eye. He was examined in 1999 by an optometrist 
who stated, ``This patient has sufficient vision to drive a commercial 
vehicle.''
    Mr. Sims has driven both straight trucks and tractor-trailer 
combination vehicles for 10 years, accumulating a total of 50,000 
miles. He holds a South Carolina Class A CDL. His official driving 
record shows no accidents and no convictions of moving violations in a 
CMV for the past 3 years.

59. William H. Smith

    Mr. William H. Smith, 42, has amblyopia in his left eye. His best 
corrected visual acuity is 20/20 in the right eye and 20/400 in the 
left eye. He was examined by an ophthalmologist in 1999 who stated, 
``It is my medical opinion that Mr. Smith has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.''
    Mr. Smith has driven straight trucks for 3 years, accumulating more 
than 75,000 miles. He holds an Alabama Class DM license. His official 
driving record shows no accidents and no convictions of moving 
violations in a CMV for the past 3 years.

60. Paul D. Spalding

    Mr. Paul D. Spalding, 49, has amblyopia in the left eye due to 
trauma at age 3. His best corrected visual acuity is 20/20 in the right 
eye and light perception only in the left eye. He was examined in 1999 
by an optometrist who stated, ``As he has operated a commercial vehicle 
safely for his entire working life I feel he has sufficient vision to 
operate a commercial vehicle.''
    Mr. Spalding has driven tractor-trailer combination vehicles for 27 
years, accumulating over 2.3 million miles. He holds a Texas Class A 
CDL. His official driving record for the last 3 years shows no 
accidents and one conviction for a non-serious speeding violation in a 
CMV.

61. Richard Allen Strange

    Mr. Richard Allen Strange, 47, has amblyopia in his right eye. His 
best corrected visual acuity is 20/15 in the left eye and 20/50-1 in 
the right eye. He was examined in 1999 by an ophthalmologist who 
stated, ``It is my opinion that Richard Strange is capable of operating 
a commercial vehicle.''
    Mr. Strange has operated straight trucks for 1 year, accumulating 
10,000 miles and tractor-trailer combination vehicles for 8 years, 
accumulating 400,000 miles. He holds a Texas Class A CDL. His official 
driving record shows no accidents and no convictions of moving 
violations in a CMV for the past 3 years.

62. Steven Carter Thomas

    Mr. Steven Carter Thomas, 39, has a chorioretinal scar in his right 
eye due to an accident in 1991. While his vision is affected in one 
area, his best corrected visual acuity is 20/20 in the left eye and 20/
25 in the right eye. He was examined by an ophthalmologist in 1998 who 
stated, ``He has no disability that should prevent him from operating 
any type of vehicle.''

[[Page 45824]]

    Mr. Thomas has driven tractor-trailer combination vehicles for over 
13 years, accumulating more than 1.5 million miles. He holds an 
Arkansas Class A CDL. His official driving record shows no accidents 
and the conviction of one speeding violation in a CMV for the past 3 
years.

63. George Walter Thornhill

    Mr. George Walter Thornhill, 48, has a congenital coloboma of the 
retina in his left eye. His best corrected visual acuity is 20/20 in 
the right eye and 20/70 in the left eye. He was examined by an 
optometrist in 1999 who stated, ``In my professional opinion, I feel 
Mr. Thornhill has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle including tractor trailers.''
    Mr. Thornhill has driven straight trucks for 31 years, accumulating 
more than 1.5 million miles. He holds an Alabama Class BM CDL. His 
official driving record shows no accidents and no convictions of moving 
violations in a CMV for the past 3 years.

64. Rick N. Ulrich

    Mr. Rick N. Ulrich, 45, has amblyopia in his right eye. His best 
corrected visual acuity is 20/20 in the left eye and 20/400 in the 
right eye. He was examined in 1999 by an optometrist who stated, ``I 
believe he has sufficient vision to perform the tasks required to 
operate a commercial vehicle.''
    Mr. Ulrich has driven both straight trucks and tractor-trailer 
combination vehicles for 4.5 years, accumulating a total of 90,000 
miles. He holds a Kentucky Class A CDL. His official driving record 
shows no accidents and no convictions of moving violations in a CMV for 
the last 3 years.

65. Roy F. Varnado

    Mr. Roy F. Varnado, 43, has a macular scar in his left eye. His 
visual acuity is 20/20 in the right eye and 20/400 in the left eye. He 
was examined in 1999 by an ophthalmologist who stated, ``Patient has 
small central field defect (3 deg.) affects central vision 
only, left eye; is stable; has sufficient vision to perform driving 
tasks for a commercial vehicle.''
    Mr. Varnado has been driving both straight trucks and tractor-
trailer combination vehicles for 25 years, accumulating a total of more 
than 625,000 miles. He holds a Louisiana Class D Chauffeur's License. 
His official driving record shows no accidents and no convictions of 
moving violations in a CMV for the past 3 years.

66. Henry Lee Walker

    Mr. Henry Lee Walker, 48, has glaucoma in both eyes that is 
controlled by medication. His visual acuity is 20/25 in his right eye 
and counting fingers in the left eye. He was examined in 1999 by an 
ophthalmologist who stated, ``I certify that in my medical opinion Mr. 
Walker has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle as required by law.''
    Mr. Walker has driven straight trucks for 9 years, accumulating 
over 540,000 miles and tractor-trailer combination vehicles for 14 
years, accumulating over 840,000 miles. He currently holds a Louisiana 
personal driver's license. His official driving record shows no 
accidents and one speeding conviction in a CMV for the past 3 years. 
The speeding conviction was a non-serious violation.

67. Larry D. Wedekind

    Mr. Larry D. Wedekind, 55, 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. He was examined by an optometrist in 1999 who stated, 
``Patient has sufficient vision to perform driving tasks to operate 
commercial vehicle.''
    Mr. Wedekind has driven straight trucks for 2 years, accumulating 
100,000 miles and tractor-trailer combination vehicles for 22 years, 
accumulating over 1.9 million miles. He holds a Texas Class A CDL. His 
official driving record shows no accidents and one conviction of a 
violation (Speed Less than Minimum) in a CMV for the last 3 years.

68. Daniel Wilson

    Mr. Daniel Wilson, 39, has amblyopia in his right eye. His best 
corrected visual acuity is 20/20 in the left eye and 20/400 in the 
right eye. He was examined by an ophthalmologist in 1999 who stated, 
``He has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.''
    Mr. Wilson has driven straight trucks for 15 years, accumulating 
735,000 miles. He holds an Illinois Class B CDL. His official driving 
record shows no accidents and no convictions of moving violations in a 
CMV in the last 3 years.

69. Emmett E. Windhorst

    Mr. Emmett E. Windhorst, 54, has amblyopia in his left eye. His 
best corrected visual acuity is 20/20-1 in the right eye and 20/400 in 
the left eye. He was examined in 1999 by an optometrist who stated, 
``Because the vision in his other eye is so good, and because his job 
for the past few years has consisted of mostly driving, I believe that 
Mr. Windhorst has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.''
    Mr. Windhorst has driven straight trucks for 6 years, accumulating 
240,000 miles. He holds a Missouri Class E license. His official 
driving record shows no accidents and no convictions of moving 
violations in a CMV for the past 3 years.

70. Wonda Lue Wooten

    Ms. Wonda Lue Wooten, 57, has open angle glaucoma in her left eye. 
Her best corrected visual acuity is 20/20 in the right eye and no light 
perception in the left eye. She was examined in 1999 by an 
ophthalmologist who stated, ``Her vision is stable and she has 
sufficient vision in her right eye to perform the driving tasks 
required to operate a commercial vehicle.''
    Ms. Wooten has driven tractor-trailer combination vehicles for 8 
years, accumulating 800,000 miles. She holds a Texas Class A CDL. Her 
official driving record shows no accidents and one conviction in a CMV 
for ``Failure to yield right of way to an emergency vehicle'' for the 
past 3 years.

Basis for Preliminary Determination To Grant Exemptions

    Independent studies support the principle that past driving 
performance is a reliable indicator of an individual's future safety 
record. 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 70 applicants have qualifications similar to those possessed by 
drivers in the waiver program. Their experience and safe driving record 
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

[[Page 45825]]

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 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 as follows: (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 70 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: July 17, 2000.
Julie Anna Cirillo,
Acting Assistant Administrator, Federal Motor Carrier Safety 
Administration.
[FR Doc. 00-18775 Filed 7-24-00; 8:45 am]
BILLING CODE 4910-22-P