[Federal Register Volume 65, Number 241 (Thursday, December 14, 2000)]
[Notices]
[Pages 78256-78260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31921]



[[Page 78256]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2000-8398]


Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemption from the vision standard; 
request for comments.

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SUMMARY: This notice announces the FMCSA's receipt of applications from 
35 individuals for an exemption from the vision requirements in the 
Federal Motor Carrier Safety Regulations (FMCSRs). If we grant the 
request, the individual will qualify as a driver of commercial motor 
vehicles (CMVs) in interstate commerce without meeting the vision 
standard prescribed in 49 CFR 391.41(b)(10).

DATES: We must receive your comments on or before January 16, 2001.

ADDRESSES: Please mail or deliver comments to the U.S. Department of 
Transportation, Dockets Management Facility, Room PL-401, 400 Seventh 
Street, SW., Washington, DC 20590, or submit electronically at http://dmses.dot.gov/submit. You can look at and copy all the comments at the 
same address from 9 a.m. to 5 p.m., e.t., Monday through Friday, except 
Federal holidays. If you want to know that we received your comments, 
please include a self-addressed, stamped postcard or print the 
acknowledgment page that appears after submitting comments 
electronically.

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, Mr. Joe Solomey, Office of the 
Chief Counsel, (202) 366-0834, Federal Motor Carrier Safety 
Administration, 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 and Filing

    You may submit or retrieve comments online through the Document 
Management System (DMS) at: http://dmses.dot.gov/submit. Acceptable 
formats include: MS Word (versions 95 to 97), MS Word for Mac (versions 
6 to 8), Rich Text File (RTF), American Standard Code Information 
Interchange (ASCII)(TXT), Portable Document Format (PDF), and 
WordPerfect (versions 7 to 8). The DMS is available 24 hours each day, 
365 days each year. Electronic submission and retrieval help and 
guidelines are available under the help section of the web site.

Background

    Thirty-five 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 agency will evaluate the qualifications 
of each applicant to determine whether granting the exemptions will 
achieve the required level of safety.

Qualifications of Applicants

1. Carl W. Adams

    Mr. Adams, 49, lost his right eye in 1984. His visual acuity in the 
left eye is 20/20 with correction. His ophthalmologist examined him in 
2000, and certified, ``In my opinion, Mr. Adams has sufficient vision 
to perform the driving tasks required to operate a commercial 
vehicle.'' In his application, Mr. Adams reported that he has driven 
tractor-trailer combinations for 14 years, accumulating 1.6 million 
miles. He holds a Minnesota Class A CDL, and there are no accidents or 
convictions for moving violations in a CMV on his driving record for 
the last 3 years.

2. David F. Bardsley

    Mr. Bardsley, 52, lost his right eye due to an injury in 1976. His 
best-corrected visual acuity in the left eye is 20/20. Following an 
examination in 1999, his ophthalmologist stated, ``I hereby certify 
that in my professional opinion and reasonable degree of medical 
certainty, Mr. Bardsley's visual deficiency is stable and he is 
medically qualified to operate a commercial motor vehicle safely.'' Mr. 
Bardsley submitted that he has driven a straight truck for 33 years and 
825,000 miles. He holds a Class B CDL from Massachusetts, and during 
the last 3 years, he has had no accidents or convictions for moving 
violations in a CMV.

3. William E. Beckley

    Mr. Beckley, 67, had an injury to his left eye in 1975 resulting in 
corneal scarring. His best-corrected visual acuity is 20/25 in the 
right eye and hand motions in the left eye. An ophthalmologist examined 
him in 2000 and stated, ``I feel that Mr. Beckley has sufficient vision 
to perform the driving tasks required to operate a commercial 
vehicle.'' According to Mr. Beckley's application, he has 51 years of 
experience driving tractor-trailers, totaling 4.4 million miles; and 6 
years of experience driving straight trucks, totaling 270,000 miles. He 
holds a Maryland Class A CDL and has had no accidents or moving 
violations in a CMV for the past 3 years.

4. Joseph M. Blankenship

    Since childhood, Mr. Blankenship, 37, has had amblyopia, which 
reduces his visual acuity to 20/200 in his right eye. The uncorrected 
vision in his left eye is 20/20. In 2000, an optometrist examined him 
and certified, ``Although Mr. Blankenship does not meet the specific 
criteria of 20/40 monocular vision in each eye, I feel that with the 
demonstration of excellent visual fields and the presence of binocular 
depth perception that Mr. Blankenship has sufficient vision to safely 
operate a commercial vehicle.'' Mr. Blankenship submitted he has 
operated tractor-trailer combination vehicles for 7 years, accumulating 
676,000 miles. He holds a Class AM CDL from Alabama. During the last 3 
years, according to his driving record, he has had no accidents and 2 
convictions for speeding in a CMV. He exceeded the speed limit by 19 
mph in one instance, and 14 mph in the other instance.

5. Willie Burnett

    Mr. Burnett, 44, 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. His 
optometrist examined him in 2000, and stated, ``Mr. Burnett in my 
medical opinion has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Burnett submitted that 
he has driven 220,000 miles in straight trucks over 23 years. He holds 
a Class A CDL from Florida, and his driving record shows no accidents 
or convictions for moving violations in a CMV for the last 3 years.

6. Awilda S. Colon

    Ms. Colon, 48, has a corneal scar in her left eye due to a 
childhood injury. Her best-corrected visual acuity is 20/20 in her 
right eye and 20/60 in her left eye. Following an examination in 2000, 
her optometrist certified, ``After careful examination and talking with 
Ms. Colon, I feel she has adequate vision to operate a commercial 
vehicle.'' Ms. Colon reported that she has driven

[[Page 78257]]

buses for 6 years, accumulating 15,000 miles. She holds a Class B CDL 
from Tennessee. Her driving record for the last 3 years shows no 
accidents or convictions for moving violations in a CMV.

7. Robert P. Conrad

    Mr. Conrad, 54, has amblyopia in his left eye. His visual acuity 
with correction is 20/20 in the right eye and 20/60 in the left. Mr. 
Conrad was examined in 1999, and his ophthalmologist stated, ``I 
certify that in my medical opinion, he has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Conrad submitted that he has driven straight trucks and tractor-trailer 
combinations for 32 years, accumulating 64,000 miles in straight 
trucks, and 1.4 million miles in tractor-trailer combinations. He holds 
a Maryland Class AM CDL, and his driving record for the last 3 years 
contains no accidents and no convictions for moving violations in a 
CMV.

8. Jerald O. Edwards

    Mr. Edwards, 52, has had optic nerve pallor in the left eye since 
birth. His visual acuity is 20/20 in the right eye and finger counting 
at 5 feet in the left eye. As a result of a 2000 examination, his 
optometrist affirmed, ``With the previous information, I have sent to 
you, the tests indicate Mr. Edwards has sufficient vision to perform 
commercial vehicle driving tasks.'' Mr. Edwards reported that he has 
driven straight trucks for 5 years and 50,000 miles, and tractor-
trailer combination vehicles for 30 years and 1.2 million miles. He 
holds a Class A CDL from Idaho. His driving record for the last 3 years 
shows no accidents and one speeding conviction in a CMV. He exceeded 
the speed limit by 9 mph.

9. William W. Ferrell

    Mr. Ferrell, 61, developed a macular scar in his right eye 
following surgery in January 1997. He also has some central vision loss 
related to macular degeneration. His visual acuity is 20/200 in the 
right eye and 20/25 corrected in the left. An ophthalmologist examined 
him in 2000 and stated, ``In my medical opinion, Mr. Ferrell does 
indeed have sufficient vision to perform the driving tasks that would 
be required to operate a commercial vehicle.'' Mr. Ferrell reported 
that he has driven straight trucks for 7 years for 400,000 miles, and 
tractor-trailer combinations 12 years for 1.2 million miles. He holds a 
Missouri Class A CDL and has had no accidents or convictions for moving 
violations in a CMV for the past 3 years.

10. Marion R. Fox, Jr.

    Mr. Fox, 56, has a chorioretinal scar in his left eye, due to 
trauma at age 10. His corrected vision is 20/20+2 in the right eye and 
20/60+2 in the left eye. He was examined in 2000, and his optometrist 
stated, ``Mr. Fox has sufficient vision to operate a commercial 
vehicle.'' Mr. Fox reported that he has 33 years and 3.3 million miles 
of experience driving tractor-trailer combinations. He holds an Indiana 
Class A CDL, and has had no CMV accidents or convictions for moving 
violations for the past 3 years.

11. Thomas E. Howard

    Mr. Howard, 48, has had anterior uveitis scaring in the left eye 
since age 2. His vision is 20/20, unaided, in the right eye, and hand 
motion only, with correction, in the left eye. Following a 2000 
examination, his optometrist stated, ``I feel that Mr. Howard should be 
able to perform the driving tasks required for commercial driving.'' 
Mr. Howard reported that he has driven tractor-trailer combination 
vehicles for 30 years, totaling 3.0 million miles. He holds an Indiana 
Class A CDL, and his official driving record shows no CMV accidents or 
moving violations in the last 3 years.

12. James L. Johnson

    Mr. Johnson, 43, has refractive amblyopia in his left eye. His 
visual acuity uncorrected in the right eye is 20/20, and corrected in 
the left eye, 20/60. An optometrist examined Mr. Johnson in 2000 and 
affirmed, ``This condition [refractive amblyopia] does not hinder in 
any way Mr. Johnson's ability to safely drive or operate commercial 
vehicles.'' According to Mr. Johnson's application, he has driven 4.8 
million miles in tractor-trailer combination vehicles over 20 years. He 
holds a Class AM CDL from Alabama. In the last 3 years he has had no 
accidents or convictions for moving violations in a CMV on his driving 
record.

13. Spencer E. Leonard

    Mr. Leonard, 48, has amblyopia in his right eye. The visual acuity 
of his left eye is 20/20, with correction, and the visual acuity of his 
right eye is finger counting. The ophthalmologist who examined him in 
1999 noted, ``Vision and ocular condition stable and patient is able to 
operate a commercial vehicle as he has in the past.'' According to his 
application, he has 24 years' and 1.9 million miles' experience 
operating tractor-trailer combinations, and 12 years' and 180,000 
miles' experience operating straight trucks. He has an Ohio Class A 
CDL. There are no accidents and one conviction for a moving violation 
in a CMV on his driving record for the last 3 years. The ticket charged 
him with exceeding the speed limit by 11 mph.

14. John K. Love

    Mr. Love, 67, has had a prosthetic left eye since 1950. His 
corrected visual acuity is 20/20- in the right eye. An optometrist 
examined him in 2000 and affirmed, ``In my medical opinion, John Love 
has sufficient vision required to operate a commercial vehicle.'' Mr. 
Love stated he has driven tractor-trailer combinations for 43 years, 
accumulating 2.1 million miles. He holds a Wyoming Class 1AMTX license. 
His official driving record for the last 3 years shows no accidents and 
no convictions for moving violations in a CMV.

15. Robert C. Lueders

    Mr. Lueders, 44, suffered trauma to his left eye approximately 38 
years ago, resulting in a retinal scar. Best-corrected acuities are 20/
20 in the right eye and 20/70 in the left. As a result of an 
examination in 1999, his optometrist stated, ``Based on Mr. Lueders'' 
excellent driving record and his comprehensive eye exam, I feel Mr. 
Lueders has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' According to Mr. Lueders' application, 
he has driven straight trucks for 8 years, accumulating 300,000 miles, 
and tractor-trailer combinations for 15 years, accumulating 1.5 million 
miles. He holds a Class A CDL from Wisconsin. In the last 3 years his 
driving record shows no accidents or convictions for moving violations 
in a CMV.

16. Thomas F. Marczewski

    Mr. Marczewski, 34, has amblyopia in his left eye. His visual 
acuities are 20/20 in his right eye and 20/300, not correctable, in his 
left. Following a 2000 examination, his optometrist noted, ``Mr. 
Marczewski has sufficient vision to perform driving tasks required to 
operate a commercial vehicle.'' According to Mr. Marczewski, he has 
operated straight trucks for 6 years, accumulating 120,000 miles; and 
tractor-trailer combinations for 3 years, accumulating 114,000 miles. A 
holder of a Class ABCDM CDL from Wisconsin, he has no accidents or 
citations for moving violations in a CMV for the last 3 years.

[[Page 78258]]

17. Samson B. Margison

    Mr. Margison, 48, has congenital amblyopia and esotropia of the 
left eye. His corrected visual acuity is 20/20+ in the right eye and 
20/400 in the left. He was examined in 2000 and his optometrist stated, 
``In my opinion I see no reason Mr. Margison should not be able to 
drive commercially based on his visual status alone.'' In his 
application, Mr. Margison reported that he has driven straight trucks 
for 7 years, accumulating 49,000 miles; and tractor-trailer 
combinations for 16 years, accumulating 1.6 million miles. He holds an 
Ohio Class A CDL, and has no accidents and one citation for speeding in 
a CMV on his driving record for the past 3 years. His speed was 12 mph 
over the limit.

18. Velmer L. McClelland

    Mr. McClelland, 50, has light perception only in his left eye due 
to trauma as a child. His best-corrected vision in the right eye is 20/
20. Following a 2000 examination, his optometrist noted, ``I feel 
patient can safely operate a motor vehicle. (commercial).'' In his 
application, Mr. McClelland reported that he has driven tractor-trailer 
combinations for 15 years, accumulating 1.1 million miles; and straight 
trucks for 5 years, accumulating 250,000 miles. He holds a Texas Class 
A CDL and has had no accidents or convictions for moving violations in 
a CMV for the past 3 years.

19. Duane A. McCord

    Mr. McCord, 34, has been blind in his right eye since age 4 due to 
trauma. His best vision with correction is 20/20 in his left eye. 
Following an examination in 2000, his optometrist certified, ``I feel 
since Duane has had the visual defect since almost birth he has adapted 
using other visual cues and can still operate a commercial vehicle.'' 
Mr. McCord submitted that he has driven straight trucks for 200,000 
miles in 5 years. He holds an Illinois Class B CDL, and his official 
driving record for the last 3 years shows no accidents and no 
convictions for moving violations in a CMV.

20. Gene L. Miller

    Mr. Miller, 60, has a mature cataract and exotropia due to a 
childhood injury to his left eye. His best-corrected visual acuity is 
20/20 in the right eye and 20/200 in the left eye. Following an 
examination in 1999, his optometrist stated, ``In my opinion Mr. Miller 
has sufficient vision to operate a commercial vehicle.'' Mr. Miller 
submitted that he has driven straight trucks for 2 years and 100,000 
miles; tractor-trailer combination vehicles for 8 years and 800,000 
miles; and buses for 2 years and 65,000 miles. He holds a Class A CDL 
from the State of Washington, and his driving record shows no accidents 
or convictions for moving violations in a CMV during the last 3 years.

21. John E. Musick

    Mr. Musick, 35, had a traumatic injury to the left eye in 1979, 
resulting in retinal detachment and diffuse retinal scarring, with an 
acuity of hand motion. His visual acuity is 20/20 in the right eye, 
without correction. Following a 2000 examination, his ophthalmologist 
stated, ``Since he has been operating a commercial vehicle in the past 
and has had many years to adjust to his visual deficit, I would think 
he can continue.'' Mr. Musick reported that he has driven straight 
trucks for 5 years, totaling 50,000 miles, and tractor-trailer 
combination vehicles for 3 years, totaling 105,000 miles. He holds an 
Arizona Class A CDL, and his official driving record shows no CMV 
accidents or convictions for moving violations during the last 3 years.

22. Bobby G. Pool, Sr.

    Mr. Pool, 45, has amblyopia in the left eye. His vision is 20/20 in 
the right eye and 20/200 in the left eye with best correction. His 
ophthalmologist examined him in 2000, and certified, ``I have no reason 
to believe that this patient is any less able to operate a commercial 
vehicle now than in the last 30 years and I feel his visual 
requirements should meet your guidelines.'' Mr. Pool reported that he 
has driven tractor-trailer combinations for 20 years, accumulating 1.5 
million miles. He holds a Texas Class AM CDL. In the last 3 years, he 
has had one accident and no convictions for moving violations in a CMV. 
Mr. Pool was not charged in the accident, and another driver was held 
to be at fault for failing to control speed in this 3-vehicle accident.

23. Robert Radcliff, Jr.

    Mr. Radcliff, 39, has a central macular scar and a corneal scar in 
his left eye due to a childhood injury. His uncorrected visual acuity 
is 20/20 in the right eye and 20/100 in the left eye, but refraction 
yielded no improvement. His optometrist examined him in 2000, and 
stated, ``In my opinion Mr. Radcliff has sufficient vision to drive a 
commercial vehicle.'' Mr. Radcliff submitted that he has driven 
straight trucks for 11 years and 205,000 miles. He holds a Class D 
license from Alabama. His driving record for the last 3 years shows 
that he had no accidents and one conviction for speeding in a CMV. The 
ticket stated that he was driving 16 mph over the limit.

24. Randolph M. Riffey

    Mr. Riffey, 49, has amblyopia in his right eye. He was examined in 
2000, and his optometrist found his visual acuity to be 20/20, 
corrected, in the left eye, and hand motion at 2 feet in the right eye. 
His optometrist stated, ``In conclusion, Mr. Riffey has a congenital 
condition that is stable and in my medical opinion has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Riffey reported that he has driven straight trucks for 5 
years and 25,000 miles, and tractor-trailer combination vehicles for 15 
years and 1.5 million miles. He holds a Virginia Class A CDL, and has 
had no convictions for moving violations or accidents in a CMV during 
the last 3 years.

25. Billy G. Saunders

    Mr. Saunders, 63, has scarring in his right eye, due to an injury 
at age 4. His visual acuity is 20/20, corrected, in his left eye, and 
hand motion in his right eye. Following a 2000 examination, his 
optometrist stated, ``In my opinion Mr. Saunders has sufficient vision 
to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Saunders stated that he has operated tractor-trailer 
combination vehicles for 40 years, and a total of 4.0 million miles. He 
holds a New Mexico Class A CDL, and his official driving record shows 
no accidents or convictions for a moving violation in a CMV over the 
last 3 years.

26. George D. Schell

    Mr. Schell, 48, has amblyopia in his left eye. His visual acuities 
are 20/20, uncorrected, in the right eye, and 20/200, not correctable, 
in the left eye. An optometrist examined him in 2000 and stated, ``In 
my opinion, your vision seems to be stable and you have sufficient 
vision in the right eye to be able to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Schell indicated that 
he has 12 years of experience driving tractor-trailer combinations, 
with 900,000 miles driven, and 2 years of experience driving straight 
trucks, with 24,000 miles driven. He holds an Illinois Class A CDL, and 
has had no accidents or convictions for moving violations in a CMV 
during the past 3 years.

[[Page 78259]]

27. Gerald L. Smith

    Mr. Smith, 44, has amblyopia in his right eye. His visual acuity is 
20/20 best-corrected in the left eye and 20/200 in the right eye. 
Following a 1999 examination, his optometrist stated, ``Mr. Smith has 
sufficient vision to operate a commercial vehicle.'' Mr. Smith reports 
that he has operated tractor-trailer combinations for 4 years, 
accumulating 400,000 miles. He holds a California Class AM1 CDL. He has 
no accidents and one conviction for ``Driver Failure to Obey All Trucks 
Stop at Scales'' in a CMV on his driving record for the last 3 years.

28. Scottie Stewart

    Mr. Stewart, 46, has finger counting only in the right eye due to 
trauma at about the age of 4. His visual acuity is 20/20 in the left 
eye. His ophthalmologist examined him in 2000 and stated, ``Considering 
the fact that this patient has been driving commercial vehicles for 
many, many years without a problem, it is my opinion that his vision is 
sufficient to continue to do the same task.'' In his application, Mr. 
Stewart reported that he has driven tractor-trailer combination 
vehicles for 20 years, totaling 1.1 million miles; and straight trucks 
for 2 years totaling 570,000 miles. He holds a Mississippi Class A CDL, 
and his driving record for the last 3 years shows no accidents or 
convictions for moving violations in a CMV.

29. Clarence L. Swann, Jr.

    Mr. Swann, 51, suffered an injury in his right eye in 1962, 
resulting in a best-corrected visual acuity of 20/200 in that eye. The 
uncorrected vision in his left eye is 20/20. The ophthalmologist who 
examined him in 2000 stated, ``I feel he has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Swann submitted that he has 21 years' experience driving tractor-
trailer combinations for a total of 840,000 miles; and 5 years' 
experience driving straight trucks for a total of 150,000 miles. He 
holds a Class AM CDL from Alabama, and for the last 3 years he has no 
accidents or convictions for violations in a CMV on his driving record.

30. Robert Tatum

    Mr. Tatum, 52, lost his right eye in an accident 20 years ago. An 
optometrist examined him in 1999, and certified, ``Mr. Tatum has 20/20 
vision in his left eye and has been successfully operating a commercial 
vehicle for approximately 20 years. Therefore in my medical opinion, 
Mr. Tatum has sufficient vision to perform these tasks.'' Mr. Tatum 
stated that he has operated tractor-trailer combinations for 18 years, 
accumulating 1.6 million miles. He holds a Class A CDL from Illinois, 
and his driving record for the last 3 years shows that he had no 
accidents and one conviction for speeding in a CMV for the last 3 
years. He exceeded the speed limit by 10 mph.

31. Thaddeus E. Temoney

    Mr. Temoney, 50, has a macular scar in his right eye due to an 
injury over 25 years ago. His corrected visual acuity is 20/20 in his 
left eye and 20/70 in his right eye. An ophthalmologist examined him in 
2000, and stated, ``I certify it is my medical opinion that Mr. Temoney 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' In his application, Mr. Temoney reported that 
he has driven straight trucks for 9 years, accumulating 304,000 miles. 
He holds a Maryland Class B CDL, and his official driving record for 
the last 3 years shows no accidents or moving violations in a CMV.

32. Roberto R. Turpaud

    Mr. Turpaud, 38, has a cataract in his left eye most likely caused 
by trauma sustained in 1976. He is able to see 20/20 with his right eye 
and 20/60 with his left eye with correction. His ophthalmologist 
examined him in 1999, and stated, ``In my opinion, he is qualified 
based on his vision to drive a commercial vehicle.'' Mr. Turpaud 
reported that he has driven straight trucks for 4 years and 60,000 
miles. He holds a Washington Operator's License currently, but at the 
time of his application he held a Class D license from Massachusetts. 
He has no accidents and two convictions for moving violations in a CMV 
on his driving record for the last 3 years. The convictions were for 
``Failure to Stop'' and ``Failure to Obey Stop Sign.''

33. Roy B. Waggoner

    Mr. Waggoner, 63, has refractive amblyopia due to anisometropic 
refractive error in his left eye as a result of a childhood injury. The 
best-corrected visual acuity is 20/20 in the right eye and 20/100 in 
the left. As the result of an examination in 2000, his ophthalmologist 
concluded, ``It is my understanding that Mr. Waggoner has operated a 
commercial vehicle for many years as his primary occupation. * * * 
Given his binocular visual acuity of 20/20 in his glasses and his full 
visual fields, it is my opinion that his overall visual function is 
quite good. * * * My opinion, given these facts, is that Mr. Waggoner 
does have sufficient vision to operate a commercial vehicle.'' Mr. 
Waggoner reported that he has 41 years and 4.9 million miles of 
experience operating tractor-trailers. He holds a Class A CDL from 
Texas, and there are no accidents or convictions for moving violations 
in a CMV on his driving record for the last 3 years.

34. Harry C. Weber

    Mr. Weber, 65, has amblyopia in his left eye. His visual acuity is 
20/20 in the right eye, and 20/100 in the left eye. His optometrist 
examined him in 2000, and stated, ``Mr. Weber has sufficient vision to 
perform the driving tasks required to operate his commercial vehicle as 
he performs his duties, with no record of accidents or tickets.'' Mr. 
Weber reported that he has driven straight trucks for 45 years, 
accumulating 810,000 miles. He holds a Class C license from Maryland 
currently, but held a Class B CDL at the time of application. He has no 
accidents or convictions for moving violations in a CMV on his driving 
record for the past three years.

35. Yu Weng

    Mr. Weng, 51, has amblyopia of the left eye. His best-corrected 
visual acuity is 20/25 in the right eye and 20/50 in the left eye. In 
2000 his ophthalmologist examined him and affirmed, ``It is my opinion 
that Mr. Weng has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle without problem.'' Mr. Weng 
submitted that he has 16 years' experience driving tractor-trailer 
combinations over 2.3 million miles. He holds a Class A CDL from New 
Jersey. His driving record for the last 3 years has no accidents and 
one conviction for ``Failure to [Use Chains] When Required'' in a CMV.

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. We will consider 
all comments that we receive before the close of business on the 
closing date indicated in the ``Dates'' section. We will continue to 
place comments that we receive after the closing date in the docket, 
and we will consider them to the extent practicable, but the FMCSA may 
publish in the Federal Register a notice of final determination at any 
time after the close of the comment period.

    Authority: 49 U.S.C. 322, 31136 and 31315; 49 CFR 1.73.


[[Page 78260]]


    Issued on: December 8, 2000.
Brian M. McLaughlin,
Acting Assistant Administrator.
[FR Doc. 00-31921 Filed 12-13-00; 8:45 am]
BILLING CODE 4910-EX-P