[Federal Register Volume 66, Number 64 (Tuesday, April 3, 2001)]
[Notices]
[Pages 17743-17747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8176]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2001-9258]


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 
38 individuals for an exemption from the vision requirements in the 
Federal Motor Carrier Safety Regulations (FMCSRs). If granted, the 
exemptions will enable these individuals to qualify as drivers of 
commercial motor vehicles (CMVs) in interstate commerce without meeting 
the vision standard prescribed in 49 CFR 391.41(b)(10).

DATES: Comments must be received on or before May 3, 2001.

ADDRESSES: Mail or hand 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. All comments received will be available for 
examination and copying at the above address from 9 a.m. to 5 p.m., 
e.t., Monday through Friday, except Federal holidays. Those desiring 
notification of receipt of comments must include a self-addressed, 
stamped postcard or you may 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, Ms. Elaine Walls, Office of the 
Chief Counsel, (202) 366-1394, 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

    You may see all the comments online through the Document Management 
System (DMS) at: http://dmses.dot.gov/submit.

Background

    Thirty-eight 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. Jerry T. Branam

    Mr. Branam, 60, has amblyopia in the right eye. His best-corrected 
visual acuities are 20/200 in the right eye and 20/25 in the left eye. 
An optometrist examined him in 2000, and stated, ``With his previous 
experience and the above findings [relating to visual acuity and fields 
of vision], it is my opinion that Mr. Branam has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Branam reported that he has operated tractor-trailer combinations 
for 30 years, and has accumulated 2.4 million miles. He holds a Class D 
regular license from Tennessee, but held a Class A commercial driver's 
license (CDL) for the 3-year period prior to his date of application. 
His driving record for the last 3 years shows no accidents or 
convictions for moving violations in a CMV.

2. Daniel R. Brewer

    Mr. Brewer, age 52, has had amblyopia in his left eye since 
childhood. His corrected visual acuity is 20/25 in the right eye and 
20/200 in the left. Following an examination in 2000, his 
ophthalmologist stated, ``In my opinion, his vision is adequate to 
perform driving tasks necessary for a commercial vehicle.'' Mr. Brewer 
submitted that he has driven straight trucks for 18 years and 1.0 
million miles; and tractor-trailer combinations for 4 years and 280,000 
miles. He holds a Class A CDL from the State of Washington, and during 
the last 3 years, he has had no accidents or convictions for moving 
violations in a CMV.

3. Brett L. Condon

    Mr. Condon, 40, has had no vision in his right eye since birth. His 
best-corrected visual acuity is 20/20 in the left eye. An 
ophthalmologist examined him in 2000 and stated, ``In my medical

[[Page 17744]]

opinion Mr. Condon has sufficient vision to operate a commercial 
vehicle.'' According to Mr. Condon's application, he has 24 years of 
experience driving straight trucks, totaling 300,000 miles; and 18 
years of experience driving tractor-trailers, totaling 180,000 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. Mark W. Coulson

    Mr. Coulson, 55, has amblyopia in his left eye. His corrected 
vision is 20/20 in the right eye and 20/400 in the left eye. Following 
an examination in 2000, his optometrist concluded, ``Mark is able to 
see to operate a commercial vehicle without glasses.'' Mr. Coulson 
submitted that he has driven straight trucks for 29 years, reaching 
725,000 miles. He holds a Class BM CDL from Maryland, and his driving 
record for the last 3 years shows no accidents or convictions for 
moving violations in a CMV.

5. Thomas W. Craig

    Mr. Craig, 63, is blind in his right eye due to an injury at age 2. 
The visual acuity in his left eye is 20/20 with correction. After 
examining him in 2000, his optometrist certified, ``In my opinion he 
has sufficient vision to operate a commercial vehicle.'' Mr. Craig 
reported that he has driven straight trucks for 37 years and 1.8 
million miles. He holds a Class B CDL from Tennessee, and his driving 
record for the last 3 years shows that he has had no accidents or 
convictions for moving violations in a CMV.

6. Myron D. Dixon

    Mr. Dixon, 50, is blind in his right eye due to trauma in 1972. He 
has no light perception in his right eye, and visual acuity of 20/20 in 
his left eye. As the result of an examination in 2000, his 
ophthalmologist concluded, ``I feel that he has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Dixon reported that he has 15 years and 360,000 miles of experience 
operating passenger buses. He holds a Class B 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.

7. Terry W. Dooley

    Mr. Dooley, 54, has strabismus and amblyopia in his left eye. He 
had an eye examination in 2000, which revealed best-corrected vision of 
20/20 in the right eye and 20/400 vision in the left eye. The examining 
optometrist concluded, ``In my medical opinion, he has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Dooley reported that he has operated straight trucks for 
30 years, traveling 1.2 million miles, and tractor-trailer combinations 
for 7 years, traveling 490,000 miles. He holds a Class A CDL from 
Georgia, and his driving record for the last 3 years shows no accidents 
or convictions for moving violations in a CMV.

8. James W. Harris

    Mr. Harris, 49, has a small central scotoma in the center of his 
right eye, which occurred in 1997 as a result of a small hemorrhage. 
His best-corrected visual acuity is 20/150 in the right eye, and 20/30+ 
in the left eye. His optometrist examined him in 2000, and stated, ``It 
is my opinion, Mr. Harris has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Harris submitted 
that he has driven 2.6 million miles in tractor-trailer combination 
vehicles over 24 years, and 25,000 miles in straight trucks over one 
year. He holds a Class A CDL from Texas, and his driving record shows 
no accidents or convictions for moving violations in a CMV for the last 
3 years.

9. Larry M. Hawkins

    Mr. Hawkins, 48, is blind in his right eye due to trauma 5 years 
ago. The visual acuity, corrected, in his left eye is 20/20. In 2000, 
his optometrist examined him and certified, ``In my medical opinion 
this patient should have sufficient vision to operate a CMV.'' Mr. 
Hawkins reported that he has driven straight trucks for 28 years and 
1.1 million miles, and tractor-trailer combinations for 10 years and 
400,000 miles. His Class A CDL is from Arizona, and he has had no 
accidents or convictions for moving violations in a CMV in the last 3 
years, according to his driving record.

10. George A. Hoffman III

    Mr. Hoffman, 41, has amblyopia in his left eye. His uncorrected 
visual acuity is 20/15 in the right eye and 20/200 in the left eye. He 
was examined in 2001 by an optometrist, who stated, ``I certify that in 
my medical opinion, George A. Hoffman III has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Hoffman submitted that he has driven straight trucks for 20 years, 
accumulating 400,000 miles. He holds a Class D driver's license from 
Florida. His driving record for the last 3 years shows that he had no 
accidents and was convicted for one moving violation--Failure to Obey 
Traffic Instructions Sign/Device--in a CMV.

11. Lee P. Holt

    Mr. Holt, 33, has a corneal scar in his right eye due to an injury 
at age 15. His visual acuity is limited to counting fingers in the 
right eye, not correctable, and 20/20 in the left eye. Following an 
examination in 2000, his ophthalmologist certified, ``Mr. Holt's vision 
is stable for operating a commercial vehicle.'' Mr. Holt reported that 
he has driven tractor-trailer combinations for 3 years, accumulating 
300,000 miles. He holds a Class A CDL from Tennessee. His driving 
record for the last 3 years shows no accidents and one conviction for a 
moving violation--Failure to Obey Traffic Instruction--in a CMV.

12. Steve L. Hopkins

    Mr. Hopkins, 46, suffered a traumatic retinal tear in his left eye 
in 1986. His visual acuity is 20/20 in the right eye, and limited to 
counting fingers in the left eye. Mr. Hopkins was examined in 2000, and 
his ophthalmologist stated, ``In my medical opinion, Steve Hopkins has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Hopkins submitted that he has driven tractor-
trailer combinations for 3 years, accumulating 75,000 miles. He holds 
an Idaho Class A CDL, and his driving record for the last 3 years 
contains no accidents and no convictions for moving violations in a 
CMV.

13. Donald A. Jahr

    Mr. Jahr, 55, has amblyopia in his right eye. His best-corrected 
visual acuity is 20/70 in the right eye, and 20/20 in the left eye. As 
a result of a 2000 examination, his optometrist affirmed, ``In my 
opinion, Donald A. Jahr has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Jahr reported 
that he has driven tractor-trailer combination vehicles for 34 years 
and 5.1 million miles. He holds a Class A CDL from Michigan, and his 
driving record for the last 3 years shows no accidents or convictions 
for moving violations in a CMV.

14. Alfred C. Jenkins

    Mr. Jenkins, 61, has had a deficit in central vision in his right 
eye from histoplasmosis since 1961. He sees 20/400, not correctable, 
with his right eye and 20/20, with correction, with his left eye. An 
optometrist examined him in 2000 and stated, ``I am convinced that his 
vision is sufficient to allow him to safely operate a commercial 
vehicle.''

[[Page 17745]]

Mr. Jenkins reported that he has driven straight trucks 46 years for 
460,000 miles, and tractor-trailer combinations 21 years for 1.0 
million miles. He holds a Texas Class A CDL, and has had no CMV 
accidents or convictions for moving violations for the past 3 years.

15. Donald L. Jensen

    Mr. Jensen, 52, has amblyopia in his left eye. His best-corrected 
visual acuities are 20/15 in the right eye, and 20/80+2 in the left 
eye. An optometrist examined him in 2000 and stated, ``I certify that 
in my medical opinion, Mr. Jensen has more than sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
According to Mr. Jensen's application, he has driven 2.7 million miles 
in tractor-trailer combination vehicles over 27 years. He holds a Class 
A CDL from South Dakota. In the last 3 years he has had no accidents or 
convictions for moving violations in a CMV on his driving record.

16. Robert L. Joiner, Jr.

    Mr. Joiner, 31, has amblyopia in his left eye. His visual acuity in 
the right eye is 20/20, and in the left eye, 20/200. An optometrist 
examined him in 2000, and affirmed, ``As the above information 
indicates, I feel Mr. Joiner has demonstrated sufficient vision to 
operate a commercial vehicle.'' Mr. Joiner stated he has driven 
tractor-trailer combinations for 6 years, accumulating 186,000 miles. 
He holds an Illinois Class AM CDL. His official driving record for the 
last 3 years shows no accidents and no convictions for moving 
violations in a CMV.

17. James P. Jones

    Mr. Jones, 29, received an injury to the left eye at age 5. His 
visual acuity is 20/20 in the right eye without correction and 20/400 
in the left eye with best correction. His ophthalmologist examined him 
in 2000, and affirmed, ``In my medical opinion, he does have adequate 
vision to safely operate a commercial vehicle and he has demonstrated 
this by safely doing so for approximately ten years.'' Mr. Jones stated 
that he has driven tractor-trailer combination vehicles for 9 years, 
accumulating 621,000 miles, and straight trucks for 2 years, 
accumulating 150,000 miles. He holds a Maine Class A CDL, and he has no 
accidents or convictions for moving violations on his driving record 
for the last 3 years.

18. Clarence R. Keller

    Mr. Keller, 40, has been blind in his right eye since 1987, due to 
trauma. The visual acuity is 20/20 in his left eye. An optometrist 
examined him in 2001, and affirmed, ``I do not know the standards for 
commercial driving, but Mr. Keller is certainly capable of driving a 
commercial vehicle with his current level of acuity and visual field 
both day and night under inclement conditions, as would the average 
person.'' Mr. Keller indicated that he has driven straight trucks for 
19 years over 1.0 million miles, while he has driven tractor-trailer 
combinations for 20 years over 600,000 miles. He holds a Class AM CDL 
from Alabama, and his driving record for the past 3 years shows no 
accidents or convictions for moving violations in a CMV.

19. Bruce E. King

    Mr. King, 33, has amblyopia in his left eye. Best-corrected 
acuities are 20/15 in the right eye, and 20/60 in the left. As a result 
of an examination in 2000, his optometrist stated, ``I see no reason to 
deny Mr. King [a] license to drive a commercial vehicle as he has had 
this condition for nearly all of his life and it does not impair his 
ability to drive safely.'' According to Mr. King's application, he has 
driven straight trucks for 14 years, accumulating 280,000 miles, and 
tractor-trailer combinations for 2 years, accumulating 100,000 miles. 
He holds a Class A CDL from Virginia. In the last 3 years his driving 
record shows no accidents and one conviction, for speeding, in a CMV. 
The ticket indicated he was exceeding the speed limit by 11 mph.

20. Larry J. Lang

    Mr. Lang, 47, has amblyopia in his right eye. His vision is 20/400 
in the right eye, and 20/20, corrected, in the left eye. His 
optometrist examined him in 2000, and certified, ``I believe Mr. Lang 
has sufficient vision to perform driving tasks required to operate a 
commercial vehicle.'' Mr. Lang reported that he has driven tractor-
trailer combinations and straight trucks for 16 years, accumulating 
915,000 miles in the former, and 582,000 miles in the later. He holds a 
Tennessee Class A CDL, and in the last 3 years, he has had no accidents 
or convictions for moving violations in a CMV.

21. Dennis D. Lesperance

    Mr. Lesperance, 51, has amblyopia in his left eye. His best-
corrected visual acuities are 20/25 in his right eye, and 20/100 in his 
left. Following a 2000 examination, his optometrist noted, ``This 
patient has sufficient vision to perform driving tasks required of a 
commercial vehicle operator.'' According to Mr. Lesperance, he has 
operated straight trucks and tractor-trailer combinations for 25 years, 
accumulating 250,000 miles for each. A holder of a Class A CDL from 
Oregon, he has no accidents or citations for moving violations in a CMV 
for the last 3 years.

22. Ernest W. Lewis

    Mr. Lewis, 56, is blind in the left eye due to central artery 
occlusion in 1997. His best-corrected visual acuity is 20/20 in the 
right eye. An ophthalmologist examined him in 2000, and affirmed, ``In 
my opinion, this patient has sufficient vision to perform driving tasks 
required to operate a commercial vehicle.'' Mr. Lewis submitted that he 
has driven tractor-trailer combinations for 24 years and straight 
trucks for 23 years, accumulating 2.4 million miles and 1.1 million 
miles, respectively. He holds a Class A CDL from Virginia. His driving 
record shows that he had no accidents and one conviction for a moving 
violation--Speeding--in a CMV during the last 3 years. He exceeded the 
speed limit by 9 mph.

23. John W. Locke

    Mr. Locke, 59, has glaucoma in his left eye. His corrected visual 
acuity is 20/20 in the right eye, and 20/70 in the left. He was 
examined in 2000, and his ophthalmologist stated, ``Based on his 
binocular visual field, his visual acuity, and the fact that he has 
apparently been driving safely with this condition since April 1997, it 
is my medical opinion that Mr. Locke has sufficient vision to operate a 
commercial vehicle.'' In his application, Mr. Locke reported that he 
has driven tractor-trailer combinations for 16 years, accumulating 3.0 
million miles. He holds a Texas Class A CDL, and has no accidents and 
one conviction for a moving violation--Speeding--in a CMV on his 
driving record for the past 3 years. His speed was 13 mph over the 
limit.

24. Herman G. Lovell

    Mr. Lovell, 53, has had a chorioretinal scar in his left eye since 
childhood. The corrected vision in his right eye is 20/20 and in the 
left eye, 20/200. Following an examination in 2000, his optometrist 
certified, ``In my medical opinion, Mr. Lovell has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
According to his application, Mr. Lovell has operated tractor-trailer 
combinations for 31 years and 3.7 million miles; straight trucks 6 
years and 60,000 miles; and buses 2 years and 1,000 miles. He holds a 
Class A CDL from Oregon. His driving record for the last 3 years shows 
one accident and no convictions for moving violations in a CMV. The 
accident

[[Page 17746]]

occurred when another vehicle, traveling in the opposite direction, 
moved into his lane and collided with his truck. The other driver was 
found to be at fault in the accident, and Mr. Lovell was not cited.

25. Ronald L. Maynard

    Mr. Maynard, 48, had surgical removal of his left eye in 1986 
because of a malignancy. The uncorrected vision in his right eye is 20/
20. His ophthalmologist examined him in 2001, and commented, ``The 
patient's vision appears sufficient to perform commercial vehicle 
driving tasks considering the long-standing nature of his monocular 
status. He has excellent vision in his right eye and has had sufficient 
time to adapt to his monocular status.'' Mr. Maynard stated that he has 
driven tractor-trailer combinations for 10\1/2\ years, accumulating 
840,000 miles, and straight trucks for 1\1/2\ years, accumulating 
15,000 miles. He holds a Class A CDL from Texas, and his driving record 
shows that he has had no accidents or convictions for moving violations 
in a CMV during the last 3 years.

26. Larry T. Morrison

    Mr. Morrison, 47, has amblyopia in his left eye. His vision in the 
right eye is 20/20, and in the left eye 20/200, not correctable. 
Following a 2000 examination, his optometrist stated, ``Mr. Morrison 
has sufficient vision to drive a commercial vehicle.'' In his 
application, Mr. Morrison reported that he has driven tractor-trailer 
combinations for 17 years, accumulating 1.0 million miles. He holds an 
Alabama Class AM CDL, and has had no accidents and one conviction for a 
moving violation--Speeding--in a CMV for the past 3 years. He exceeded 
the speed limit by 12 mph.

27. Gayle G. Olson

    Mr. Olson, 67, lost the vision in his left eye due to an arterial 
occlusion in 1996. His best vision with correction is 20/20 in the 
right eye. Following an examination in 2000, his optometrist certified, 
``Gayle has sufficient vision to perform driving tasks required to 
operate a commercial vehicle.'' Mr. Olson submitted that he has driven 
tractor-trailer combinations for 5.2 million miles over 40 years. He 
holds a Nebraska Class A CDL, and his official driving record for the 
last 3 years shows no accidents and no convictions for moving 
violations in a CMV.

28. Eddie L. Paschal

    Mr. Paschal, 62, has strabismus and amblyopia in his left eye. His 
visual acuity is 20/20 in the right eye, and 20/400 in the left eye. 
Following an examination in 2000, his optometrist stated, ``This is 
also to certify that in my medical opinion, Mr. Paschal has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Paschal submitted that he has driven tractor-trailer 
combination vehicles for 3 years and 240,000 miles. He holds a Class A 
CDL from North Carolina, and his driving record shows no accidents and 
one conviction for a moving violation--Speeding--in a CMV during the 
last 3 years. He exceeded the speed limit by 14 mph.

29. Richard S. Rehbein

    Mr. Rehbein, 41, has a retinal scar in his left eye, resulting from 
congenital lesions. His best-corrected visual acuities are 20/20 in the 
right eye and 20/200 in the left eye. His optometrist examined him in 
2000, and stated, ``In my opinion this [visual condition] will not 
affect his visual tasks and [he] can operate a commercial vehicle.'' 
Mr. Rehbein submitted that he has driven tractor-trailer combinations 
for 4 years and 140,000 miles. He holds a Class A license from 
Minnesota, and his driving record for the last 3 years shows that he 
had no accidents or convictions for a moving violation in a CMV.

30. David E. Sanders

    Mr. Sanders, 36, has amblyopia in his left eye. His best-corrected 
vision is 20/20 in the right eye and 20/200 in the left. An optometrist 
examined him in 2000, and affirmed, ``This problem [amblyopia] in my 
professional opinion, should not prevent him from performing the 
driving tasks required to operate a commercial vehicle.'' Mr. Sanders 
indicated that he has driven straight trucks for 16 years, accumulating 
921,000 miles, and tractor-trailer combination vehicles for 4 years, 
accumulating 200,000 miles. He holds a Class A CDL from North Carolina, 
and for the last 3 years he has had no accidents or convictions for 
moving violations in a CMV, according to his driving record.

31. Richard C. Simms

    Mr. Simms, 53, has amblyopia in his left eye. His best-corrected 
visual acuities are 20/20 in the right eye and counting fingers in the 
left eye. His ophthalmologist examined him in 2000 and stated, ``In my 
opinion his visual function is sufficient to operate a commercial 
vehicle: any further delay in his certification would be 
inappropriate.'' Mr. Simms reported that he has driven straight trucks 
for 23 years, accumulating 1.1 million miles, and tractor-trailer 
combinations for 6 years, accumulating 120,000 miles. He holds a Class 
A CDL from Nevada, and he has no accidents or convictions for moving 
violations in a CMV on his driving record for the past three years.

32. David B. Speller

    Mr. Speller, 43, has had a macular branch retinal vein occlusion in 
the right eye since July 1997. His visual acuity is 10/200 in the right 
eye, and 20/20 in the left eye. His ophthalmologist examined him in 
2000, and certified, ``In my medical opinion, Mr. Speller has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' In his application, Mr. Speller reported that he 
has driven tractor-trailer combinations for 21 years, accumulating 1.5 
million miles; and straight trucks for 4 years, accumulating 220,000 
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.

33. Royal H. Stephens

    Mr. Stephens, 55, has had an artificial right eye since 1974. His 
visual acuity is 20/15 best-corrected in the left eye. Following a 2000 
examination, his optometrist stated, ``In my medical opinion, Mr. 
Stephens certainly has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Stephens reports that 
he has operated straight trucks for 25 years, accumulating 750,000 
miles. He holds a Georgia Class C driver's license, and he has no 
accidents or convictions for moving violations in a CMV on his driving 
record for the last 3 years.

34. Tyson C. Stone

    Mr. Stone, 24, has amblyopia in his right eye. His uncorrected 
visual acuity is 20/150 in his right eye, and 20/25 in his left eye. An 
optometrist examined him in 2000, and stated, ``In my professional 
opinion, Mr. Stone has the visual skills to safely operate a commercial 
vehicle.'' In his application, Mr. Stone reported that he has driven 
straight trucks for 3 years, accumulating 30,000 miles. He holds a Utah 
Class D driver's license. His official driving record for the last 3 
years shows no accidents and one conviction for a moving violation--
Following Too Closely--in a CMV.

35. Lynn D. Veach

    Mr. Veach, 54, has been blind in his left eye since 1958, due to an 
injury. His

[[Page 17747]]

visual acuity is 20/15 with correction in the right eye. His 
optometrist examined him in 2000 and stated, ``In my opinion Mr Veach 
is qualified to operate a commercial vehicle without any 
restrictions.'' In his application, Mr. Veach reported that he has 
driven tractor-trailer combination vehicles and straight trucks for 35 
years, totaling 2.0 million miles and 100,000 miles, respectively. He 
holds an Iowa Class A CDL, and his driving record for the last 3 years 
shows no accidents or convictions for moving violations in a CMV.

36. Kevin L. Wickard

    Mr. Wickard, 44, has amblyopia in his left eye. His best-corrected 
vision is 20/20 in the right eye and 20/100 in the left eye. The 
optometrist who examined him in 2000 stated, ``The vision in Mr. 
Wickard's right eye is sufficient to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Wickard submitted that he has 22 
years of experience driving tractor-trailer combinations for a total of 
1.6 million miles; and 4 years of experience driving straight trucks 
for a total of 80,000 miles. He holds a Class A CDL from Pennsylvania, 
and for the last 3 years he has no accidents or convictions for moving 
violations in a CMV on his driving record.

37. Charles M. Wilkins

    Mr. Wilkins, 47, has had amblyopia of the right eye and nystagmus 
since childhood. His best-corrected visual acuities are 20/40 in the 
right eye, and 20/25 in the left eye. In 2000 his optometrist examined 
him and affirmed, ``[The nearsightedness and nystagmus] have not 
presented him any problems in his driving or in performing his driving 
tasks for a commercial vehicle in all of the years that I have seen 
him. I do not anticipate that these will cause problems for him in his 
current position.'' Mr. Wilkins submitted that he has 28 years of 
experience driving tractor-trailer combinations over 2.1 million miles. 
He holds a Class A CDL from Indiana, and his driving record for the 
last 3 years has no accidents or convictions for a moving violation in 
a CMV.

38. Michael C. Wines

    Mr. Wines, 42, has a chorioretinal scar in his left eye, due to an 
injury in 1971. He is able to see 20/20 with his right eye with 
correction, and 20/200 with his left eye. His ophthalmologist examined 
him in 2000, and stated, ``In my medical opinion, Mr. Wines has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle as long as he has mirrors on both sides of the 
vehicle.'' Mr. Wines reported that he has driven straight trucks for 17 
years and 59,000 miles. He holds a Maryland Class BM CDL, and he has no 
accidents or convictions for moving violations in a CMV on his driving 
record for the last 3 years.

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 publish in the Federal Register a notice 
of final determination at any time after the close of the comment 
period. Interested persons should continue to examine the docket for 
new material.

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

    Issued on March 27, 2001.
Stephen E. Barber,
Acting Deputy Administrator.
[FR Doc. 01-8176 Filed 4-2-01; 8:45 am]
BILLING CODE 4910-EX-P