[Federal Register Volume 66, Number 206 (Wednesday, October 24, 2001)]
[Notices]
[Pages 53826-53830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26810]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2001-10578]


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 
37 individuals for an exemption from the vision requirement 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 November 23, 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.

[[Page 53827]]


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. Joseph Solomey, Office of the 
Chief Counsel, (202) 366-1374, 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 and Filing

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

Background

    Thirty-seven 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. Loa M. Boggs

    Mr. Boggs, age 50, has amblyopia of the left eye. His aided acuity 
is 20/20 with the right eye and 20/200 with the left. An optometrist 
who examined him in 2000 stated, ``In my opinion, he has sufficient 
vision to continue operating a commercial vehicle.'' Mr. Boggs 
submitted that he has driven straight trucks for 21 years, accumulating 
577,000 miles. He holds a Class D driver's license from West Virginia. 
His driving record shows he has had no accidents or convictions for 
traffic violations in a CMV for the last 3 years.

2. Anthony Brandano

    Mr. Brandano, 35, has amblyopia in his right eye. His corrected 
vision is 20/40-in the right eye and 20/20 in the left eye. Following 
an examination in 2001, his ophthalmologist concluded, ``It is my 
opinion patient has sufficient vision to drive a commercial vehicle.'' 
Mr. Brandano reported that he has operated straight trucks for 2 years, 
traveling 100,000 miles, and tractor-trailer combinations for 6 years, 
traveling 750,000 miles. He holds a Class A CDL from New York, and his 
driving record for the last 3 years shows no accidents or convictions 
for moving violations in a CMV.

3. Jerald D. Davis

    Mr. Davis, 58, is blind in the left eye due to trauma in 1959. His 
best-corrected visual acuity is 20/20 in the right eye. An 
ophthalmologist examined him in 2001 and affirmed, ``In my medical 
opinion he has sufficient vision to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Davis submitted that he has 
driven tractor-trailer combinations for 27 years, accumulating 4.0 
million miles. He holds a Class A CDL from Texas. His driving record 
shows he has 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 13 mph.

4. Vernon J. Dohrn

    Mr. Dohrn, 65, has amblyopia in his right eye. The corrected vision 
in his right eye is 20/80- and in the left eye, 20/20. His optometrist 
examined him in 2001 and certified, ``In my opinion, this patient can 
safely perform the visual tasks required to operate a commercial 
vehicle even with the vision deficiency in his right eye.'' Mr. Dohrn 
stated in his application that he has driven tractor-trailer 
combination vehicles for 31 years, accumulating 2.7 million miles, and 
straight trucks for 7 years, accumulating 280,000 miles. He holds a 
Minnesota Class A CDL. His driving record shows he has had no accidents 
and one conviction for a moving violation--Drive and/or Pass on 
Shoulder--in a CMV during the past 3 years.

5. Stanley E. Elliott

    Mr. Elliott, 47, has amblyopia in his left eye. His corrected 
vision is 20/20 in the right eye and 20/70-2 in the left 
eye. Following an examination in 2001, his optometrist concluded, ``It 
is my opinion that Mr. Elliott can perform all driving tasks related to 
operating a commercial vehicle.'' According to Mr. Elliott's 
application, he has 4 years of experience driving straight trucks, 
totaling 150,000 miles, and 12\1/2\ years of experience driving 
tractor-trailers, totaling 312,500 miles. He holds a Utah Class A CDL 
and has had no accidents or moving violations in a CMV for the past 3 
years, according to his driving record.

6. Elmer E. Gockley

    Mr. Gockley, 56, has had a corneal scar in his right eye since age 
6. His best-corrected visual acuity in the right eye is counting 
fingers at 2 feet and in the left eye 20/20. An ophthalmologist 
examined him in 2001 and certified, ``I verify that Mr. Gockley has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle at this time.'' Mr. Gockley submitted that he has 
driven straight trucks for 11 years, traveling 220,000 miles, and 
tractor-trailer combinations for 40 years, traveling 4.2 million miles. 
He holds a Class A CDL from Pennsylvania, and his driving record for 
the past 3 years shows no accidents or convictions for moving 
violations in a CMV.

7. Paul C. Gruenberg

    Mr. Gruenberg, 53, is blind in the left eye due to an injury at the 
age of 12. The corrected visual acuity in his right eye is 20/15. An 
ophthalmologist examined him in 2001 and stated, ``He should have no 
problem operating commercial vehicle(s).'' Mr. Gruenberg reported he 
has 3 years' and 240,000 miles' experience driving tractor-trailer 
combinations. He holds a Class A CDL from Florida, and his driving 
record for the last 3 years shows no accidents or convictions for 
moving violations in a CMV.

8. Tommy D. Habben

    Mr. Habben, 36, has amblyopia in his left eye. His corrected vision 
in the right eye is 20/25-2 and in the left, 20/100. An 
optometrist examined him in 2001 and certified, ``It is my opinion that 
Mr. Habben has sufficient vision to perform driving tasks required to 
operate a commercial vehicle.'' Mr. Habben reported that he has driven 
straight trucks for 15 years, accumulating 750,000 miles. He holds a 
Class D driver's license from Tennessee and has no accidents or 
convictions for moving violations in a CMV on his driving record during 
the last 3 years.

9. Glenn T. Hehner

    Mr. Hehner, 53, had a perforation of his right eye in 1963. He has 
no light perception in the right eye and 20/20 vision, best-corrected, 
in the left eye. An ophthalmologist examined him in 2000 and certified, 
``In my opinion he has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Hehner reported that he 
has 13 years' experience driving straight trucks and has accumulated 
1.3 million miles. He holds a Class DMB CDL from Kentucky, and there 
are no accidents or convictions for moving violations in a CMV on his 
record for the last 3 years.

[[Page 53828]]

10. Carl R. Hunt

    Mr. Hunt, 64, has a right eye that is aphakic with a retinal 
detachment and scar formation. His corrected vision in the right eye is 
hand motion and in the left, 20/20. Following an examination in 2001, 
his ophthalmologist stated, ``I certify that it is my medical opinion 
that Carl R. Hunt has sufficient vision to perform driving tasks 
required to operate a commercial vehicle since his left eye is in 
excellent visual shape.'' In his application, Mr. Hunt indicated he has 
driven straight trucks for 47 years, accumulating 1.4 million miles. He 
holds a Class E license from the State of Missouri, and his driving 
record shows he has had no accidents or convictions for moving 
violations in a CMV during the last 3 years.

11. Shane M. Hunter

    Mr. Hunter, 29, has amblyopia in his right eye. His best-corrected 
visual acuities are 20/60 in the right eye and 20/20 in the left. 
Following an examination in 2001, his optometrist stated, ``In my 
opinion, Shane has sufficient vision to operate a commercial vehicle as 
long as he is wearing glasses or contact lenses to give him optimum 
driving efficiency.'' In his application, Mr. Hunter indicated he has 
driven straight trucks for 3 years, accumulating 78,000 miles. He holds 
an Operator's license from the State of Washington, and his driving 
record shows he has had no accidents or convictions for moving 
violations in a CMV during the last 3 years.

12. Thomas M. Ingebretsen

    Mr. Ingebretsen, 45, has retinal scars in his left eye due to 
toxoplasmosis at age 3. His best-corrected visual acuity is 20/20 in 
the right eye and 20/60 in the left. Following an examination in 2001, 
his ophthalmologist stated, ``I reiterate my statement on my last 
letter to you that Mr. Ingebretsen has sufficient vision to operate a 
commercial vehicle according to the guidelines you have submitted to 
me.'' Mr. Ingebretsen reported that he has 18 years' experience driving 
straight trucks, accumulating 409,000 miles, and 12 years' experience 
driving tractor-trailer combinations, accumulating 420,000 miles. He 
holds a Class A CDL from California, and his driving record shows he 
has had no accidents or convictions for moving violations in a CMV over 
the last 3 years.

13. Lonnie M. Jones

    Mr. Jones, 50, is blind in his right eye due to a childhood injury. 
His best-corrected visual acuity is 20/20 in the left eye. An 
ophthalmologist examined him in 2001 and affirmed, ``In my medical 
opinion, this patient has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Jones submitted 
that he has driven tractor-trailer combinations for 27 years and 
straight trucks for 2 years, accumulating 3.2 million miles and 6,000 
miles, respectively. He holds a Class A CDL from Georgia. His driving 
record shows that he has 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 17 mph.

14. Martin D. Keough

    Mr. Keough, 52, has 20/400 vision in his left eye from an injury 
over 40 years ago. The visual acuity in his right eye is 20/
20+. An optometrist examined him in 2001 and stated, ``In my 
professional opinion this patient can drive a motor vehicle and operate 
a commercial vehicle safely.'' Mr. Keough submitted that he has driven 
straight trucks and tractor-trailer combinations for 25 years, 
accumulating 250,000 miles in the former and 125,000 miles in the 
latter. He holds a Class AM CDL from New York, and his driving record 
for the last 3 years shows no accidents or convictions for traffic 
violations in a CMV.

15. Ricky J. Knutson

    Mr. Knutson, 46, had his left eye enucleated in 1990 due to a 
choroidal melanoma. The visual acuity in his right eye is 20/20 with 
correction. His optometrist examined him in 2001 and certified, ``Rick 
has sufficient vision to perform any driving tasks to safely operate a 
commercial vehicle.'' In his application, Mr. Knutson indicated he has 
driven straight trucks for 13 years, accumulating 195,000 miles, and 
tractor-trailer combinations for 5 years, accumulating 225,000 miles. 
He holds a Class A CDL from Minnesota, and his driving record for the 
past 3 years shows he has had no accidents or convictions for traffic 
violations in a CMV.

16. Randall B. Laminack

    Mr. Laminack, 43, has amblyopia in his right eye. His best-
corrected visual acuities are 20/200 in the right eye and 20/20 in the 
left eye. Following a 2001 examination, his optometrist stated, ``In my 
medical opinion, Randy has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' According to his 
application, Mr. Laminack has operated tractor-trailer combinations for 
20 years and 2.0 million miles, and straight trucks for 5 years and 
500,000 miles. He holds a Class A CDL from Texas, and he has had no 
accidents or convictions for moving violations in a CMV during the last 
3 years.

17. Norman R. Lamy

    Mr. Lamy, 49, has amblyopia in his left eye. His best-corrected 
visual acuity is 20/15 in the right eye and 20/70 in the left eye. An 
optometrist examined him in 2001 and certified, ``Central and 
peripheral field results are sufficient for driving tasks required to 
operate a commercial vehicle.'' Mr. Lamy submitted that he has driven 
straight trucks for 13 years, accumulating 377,000 miles. He holds a 
Class B CDL from Massachusetts. His driving record for the last 3 years 
shows no accidents or convictions for traffic violations in a CMV.

18. James A. Lenhart

    Mr. Lenhart, 46, has amblyopia in his right eye. His best-corrected 
visual acuities are 20/70 in his right eye and 20/20 in his left eye. 
Following a 2001 examination, his ophthalmologist noted, ``It is my 
medical opinion that Mr. James Lenhart has sufficient vision to perform 
driving tasks required to operate a commercial vehicle.'' According to 
Mr. Lenhart, he has operated straight trucks for 20 years, accumulating 
2.0 million miles, and tractor-trailer combinations for 5 years, 
accumulating 625,000 miles. He holds a West Virginia Class A CDL, and 
he has no accidents or convictions for moving violations on his driving 
record for the last 3 years.

19. Dennis L. Lockhart, Sr.

    Mr. Lockhart, 55, has amblyopia in his left eye. His corrected 
vision in the right eye is 20/20 and in the left, 20/400. An 
optometrist examined him in 2001 and certified, ``His condition is 
congenital and stable, and should not interfere with operating a 
commercial vehicle.'' Mr. Lockhart submitted that he has driven 
tractor-trailer combinations for 15 years traveling 750,000 miles and 
straight trucks for 7 years traveling 490,000 miles. He holds a Class A 
CDL from Virginia, and his driving record for the past 3 years shows no 
accidents or convictions for moving violations in a CMV.

20. Jerry J. Lord

    Mr. Lord, 49, has amblyopia in his right eye. His best-corrected 
visual acuity is 20/25 in the left eye and counting fingers in the 
right eye. Mr. Lord was examined in 2001 and his ophthalmologist 
stated, ``I certify that in my medical opinion, Mr. Lord has sufficient 
vision to perform the driving tasks required to operate a commercial

[[Page 53829]]

vehicle.'' Mr. Lord submitted that he has driven straight trucks for 33 
years, accumulating 3.3 million miles. He holds a Maryland Class BM 
CDL, and his driving record for the last 3 years contains no accidents 
or convictions for moving violations in a CMV.

21. Raymond P. Madron

    Mr. Madron, 50, has had scarring of his right eye since birth due 
to toxoplasmosis. His vision in the right eye is 20/200-\1\, 
not correctable, and in the left eye, 20/20 without correction. 
Following an examination in 2001, his optometrist affirmed, ``Raymond 
Madron is able to see to operate a commercial vehicle without a vision 
correction.'' Mr. Madron holds a Class AM CDL from Maryland and 
reported that he has driven straight trucks for 7 years, accumulating 
105,000 miles, and tractor-trailer combinations for 21 years, 
accumulating 630,000 miles. His driving record shows no accidents or 
convictions for moving violations in a CMV for the past 3 years.

22. Ronald S. Mallory

    Mr. Mallory, 45, has amblyopia in his left eye. His visual acuity 
is 20/20+ in the right eye without correction and 20/400 in the left 
eye, not correctable. An optometrist examined him in 2001 and 
certified, ``He has sufficient vision required to perform driving tasks 
with a commercial vehicle.'' Mr. Mallory, who holds a Class A CDL from 
Oklahoma, reported that he has been driving straight trucks and 
tractor-trailer combinations for 25 years, accumulating 625,000 miles 
in the former and 125,000 in the latter. His driving record shows he 
has had no accidents or convictions for traffic violations in a CMV 
during the last 3 years.

23. Keith G. McCully

    Mr. McCully, 62, has amblyopia in his right eye. His best-corrected 
visual acuity is 20/200 in the right eye and 20/20+ in the 
left eye. Following an examination in 2000, his optometrist certified, 
``He does have sufficient vision to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. McCully submitted that he has 
driven tractor-trailer combinations for 40 years, accumulating 3.2 
million miles. He holds a Class A CDL from Montana. His driving record 
for the last 3 years shows no accidents or convictions for traffic 
violations in a CMV.

24. Ernest L. McLendon

    Mr. McLendon, 51, lost light perception in his right eye in 1985 
due to glaucoma. The visual acuity in his left eye is 20/20, best-
corrected. An optometrist examined him in 2001 and certified, ``He has 
sufficient vision to operate a commercial vehicle with no medical 
condition that would compromise his visual field OS [left].'' Mr. 
McLendon submitted that he has driven tractor-trailer combinations for 
23 years, traveling 2.7 million miles, and straight trucks for 6 years, 
traveling 480,000 miles. He holds a Class A CDL from Florida, and his 
driving record for the past 3 years shows no accidents or convictions 
for moving violations in a CMV.

25. Charles J. Morman

    Mr. Morman, 48, has had a chorioretinal lesion of the right eye 
since birth. His aided visual acuity is 20/400 with the right eye and 
20/20 with the left. An optometrist who examined him in 2001 stated, 
``In my opinion, Mr. Morman has sufficient vision to operate a 
commercial motor vehicle.'' Mr. Morman reported that he has 5 years' 
experience driving straight trucks, accumulating 250,000 miles, and 20 
years' experience driving tractor-trailer combinations, accumulating 
1.2 million miles. He holds a Class A CDL from Florida, and his driving 
record shows he has had no accidents or convictions for moving 
violations in a CMV over the last 3 years.

26. Eugene C. Murphy

    Mr. Murphy, 47, has chorioretinal scarring and a retinal detachment 
in the right eye due to an injury at age 13. His best-corrected visual 
acuity in the right eye is hand motion at one foot and in the left 20/
20. Following an examination in 2001, his ophthalmologist commented, 
``In my medical opinion, Mr. Murphy has significant binocular visual 
acuity as well as horizontal visual field to meet the requirements to 
operate a commercial vehicle.'' Mr. Murphy indicated he has driven 
straight trucks for 20 years and 910,000 miles. He holds a Class B CDL 
from Maine, and his driving record for the last 3 years shows no 
accidents or convictions for moving violations in a CMV.

27. Jack E. Potts, Jr.

    Mr. Potts, 28, has amblyopia of the left eye. His best-corrected 
visual acuities are 20/20 in the right eye and 20/200 in the left eye. 
In 2001 his optometrist examined him and affirmed, ``Upon completion of 
Jack's most recent visual examination, I have determined that he has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Potts submitted that he has 6 years of 
experience driving straight trucks for 165,000 miles. He holds a Class 
C license from Pennsylvania, and his driving record for the last 3 
years has no accidents or convictions for a moving violation in a CMV.

28. Bernard A. Ranly

    Mr. Ranly, 50, has amblyopia of the left eye. The visual acuity of 
his right eye is 20/20 uncorrected and of the left eye 20/50 corrected. 
His optometrist examined him in 2001 and certified, ``It is my opinion, 
since this is a long-term condition, that Mr. Ranly has adapted very 
well and that Mr. Ranly has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Ranly reported 
that he has driven tractor-trailer combinations for 29 years, 
accumulating 3.1 million miles. He holds a Class AM CDL from Texas, and 
his driving record for the last 3 years shows no accidents or 
convictions for moving violations in a CMV.

29. John E. Rogstad

    Mr. Rogstad, 50, has amblyopia of the left eye. His aided acuity is 
20/20 with the right eye and 20/200 with the left eye. An optometrist 
who examined him in 2001 stated, ``It is my opinion that Mr. Rogstad 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Rogstad reported that he has driven 
straight trucks for 30 years, accumulating 360,000 miles. He holds a 
Class ABCD CDL from Wisconsin, and his driving record for the last 3 
years shows no accidents or convictions for moving violations in a CMV.

30. Jerry W. Russell

    Mr. Russell, 55, has had a cataract in his right eye since birth. 
His vision is light perception only in the right eye and 20/20 in the 
left eye. His optometrist examined him in 2001 and certified, ``Because 
Mr. Russell's condition has been present since birth, there is no risks 
of further changes, and he is safe to perform the task of driving a 
commercial vehicle.'' Mr. Russell reported that he has driven straight 
trucks for 7 years, accumulating 218,400 miles. He holds a Class D 
license from Kentucky. His driving record for the last 3 years shows no 
accidents and no convictions for moving violations in a CMV.

31. Stephen G. Sniffin

    Mr. Sniffin, 52, has amblyopia in his left eye. His best-corrected 
visual acuity is 20/20 in the right eye and 20/400 in the left. His 
ophthalmologist examined him in 2000 and noted, ``Patient has

[[Page 53830]]

sufficient vision to operate a commercial vehicle.'' Mr. Sniffin 
submitted that he has driven straight trucks for 32 years, accumulating 
1.3 million miles, and buses for 4 years, accumulating 40,000 miles. He 
holds a Class A CDL, and his driving record shows he has had no 
accidents or convictions for moving violations in a CMV in the last 3 
years.

32. John R. Snyder

    Mr. Snyder, 31, has amblyopia in his right eye. His best-corrected 
vision is 20/80 in the right eye and 20/20 in the left. An 
ophthalmologist examined him in 2000 and certified, ``It is my opinion 
that Mr. John Snyder has sufficient vision to perform any driving task 
required to operate a commercial vehicle.'' Mr. Snyder reported that he 
has operated tractor-trailer combinations for 8 years and 560,000 
miles, and straight trucks for 13 years and 65,000 miles. He holds a 
Class A license from the State of Washington. His driving record for 
the last 3 years shows he has had no accidents and one conviction for a 
moving violation--Failure to Yield Right of Way to Emergency Vehicle--
in a CMV.

33. Darwin J. Thomas

    Mr. Thomas, 52, has amblyopia in his left eye. His best-corrected 
visual acuities are 20/25 in the right eye and 20/200 in the left. 
Following an examination in 2001, his optometrist certified, ``In my 
medical opinion, Mr. Thomas has sufficient vision to continue to drive 
his commercial vehicle.'' Mr. Thomas submitted that he has 17 years' 
and 2.0 million miles' experience operating tractor-trailer 
combinations, and 2 years' and 12,000 miles' experience operating 
straight trucks. He holds a Class A CDL from Pennsylvania, and his 
driving record shows he has had no accidents or convictions for moving 
violations in a CMV for the last 3 years.

34. Rene R. Trachsel

    Mr. Trachsel, 43, has had a macular scar in his left eye since 
January 1994. The vision in his right eye is 20/20 and in the left eye, 
20/200. Following an examination in 2001, his ophthalmologist 
certified, ``In my opinion, his vision is adequate to perform all tasks 
required to operate a commercial vehicle, as for practical purposes his 
central vision is 20/20 by a virtue of the central vision in the right 
eye, and his peripheral vision is entirely unaffected.'' In his 
application, Mr. Trachsel stated he has driven tractor-trailer 
combinations for 15 years, accumulating 122,850 miles. He holds an 
Oregon Class A CDL. His official driving record for the last 3 years 
shows no accidents or convictions for moving violations in a CMV.

35. Stephen D. Vice

    Mr. Vice, 46, has amblyopia in his right eye. His best-corrected 
visual acuities are 20/70-1 in the right eye and 20/20 in 
the left. An optometrist examined him in 2001 and certified, ``In my 
personal opinion, Mr. Vice's vision is adequate to operate a commercial 
vehicle.'' Mr. Vice submitted that he has driven buses for 4 years, 
accumulating 35,000 miles, and straight trucks for 2 years, 
accumulating 20,000 miles. He holds a Class DB Operator/CDL from 
Kentucky, and his driving record for the last 3 years shows he has had 
no accidents or convictions for moving violations in a CMV.

36. John H. Voigts

    Mr. Voigts, 49, has had a corneal opacity in his left eye since 
birth. The corrected vision in his right eye is 20/20 and in the left 
eye, light perception only. Following an examination in 2001, his 
optometrist certified, ``I feel there is no reason why he cannot 
continue to drive commercial because of his vision.'' According to his 
application, Mr. Voigts has operated straight trucks for 30 years, 
accumulating 2.2 million miles, and tractor-trailer combinations for 27 
years, accumulating 2.7 million miles. He holds a Class A CDL from 
Arizona. His official driving record for the last 3 years shows no 
accidents or convictions for moving violations in a CMV.

37. Kendle F. Waggle, Jr.

    Mr. Waggle, 38, has been aphakic in his right eye since birth. His 
aided acuity is 20/150 with the right eye and 20/20 with the left eye. 
An optometrist who examined him in 2001 stated, ``In my medical 
opinion, since he has driven a commercial vehicle with this vision 
condition for many years, I feel he has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle as he has in 
the past.'' Mr. Waggle submitted that he has driven straight trucks and 
tractor-trailer combinations for 15 years, accumulating 150,000 miles 
in the former and 772,500 miles in the latter. He holds a Class A CDL 
from Indiana, and his driving record for the last 3 years shows no 
accidents or convictions for traffic violations 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. 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.

    Issued on: October 19, 2001.
Brian M. McLaughlin,
Associate Administrator for Policy and Program Development.
[FR Doc. 01-26810 Filed 10-23-01; 8:45 am]
BILLING CODE 4910-EX-P