[Federal Register Volume 67, Number 133 (Thursday, July 11, 2002)]
[Notices]
[Pages 46016-46020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17098]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2002-12294]
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.
-----------------------------------------------------------------------
SUMMARY: This notice announces the FMCSA's receipt of applications from
30 individuals for an exemption from the vision requirement in the
Federal Motor Carrier Safety Regulations. 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 August 12, 2002.
ADDRESSES: You can mail or deliver comments to the U.S. Department of
Transportation, Dockets Management Facility, Room PL-401, 400 Seventh
Street, SW., Washington, DC 20590-0001. You can also submit comments
and see the submissions of other commenters at http://dms.dot.gov.
Please include the docket number that appears in the heading of this
document. You can examine and copy this document and all comments
received at the same Internet address or at the Dockets Management
Facility 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 include a copy of
the acknowledgement page that appears after you submit 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, FMCSA, Department of
Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001.
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 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 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.''
The statute also allows the agency to renew exemptions at the end of
the 2-year period. Accordingly, the agency will evaluate the
qualifications of each applicant to determine whether granting the
exemptions will achieve the required level of safety.
[[Page 46017]]
Qualifications of Applicants
1. Danny Adams
Mr. Adams, age 44, has finger-counting vision in his right eye due
to childhood trauma. The best-corrected visual acuity in his left eye
is 20/20. An optometrist examined him in 2001 and certified, ``This
patient has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Adams reported that he has driven
straight trucks for 27 years, accumulating 157,000 miles. He holds a
Class A commercial driver's license (CDL) from South Carolina, and his
driving record for the last 3 years shows no accidents or convictions
for moving violations in a CMV.
2. Michael D. Armstrong
Mr. Armstrong, 52, has amblyopia in his right eye. His best-
corrected vision is 20/50 in the right eye and 20/20 in the left.
Following an examination in 2001, his optometrist certified, ``It is my
opinion that his vision is sufficient to operate a commercial
vehicle.'' Mr. Armstrong reported that he has driven tractor-trailer
combinations for 9 years, accumulating 900,000 miles. He holds a Class
A CDL from Florida, and his driving record shows no accidents or
convictions for traffic violations in a CMV for the last 3 years.
3. Thomas E. Barnhart
Mr. Barnhart, 53, 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
optometrist examined him in 2001 and certified, ``In my medical opinion
Thomas Barnhart has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Barnhart submitted that
he has driven straight trucks for 10 years, accumulating 400,000 miles.
He holds a Chauffeur's License from Indiana, and there are no CMV
accidents or convictions for moving violations on his driving record
for the last 3 years.
4. William J. Bell
Mr. Bell, 33, underwent cataract surgery on his right eye in
childhood. The best-corrected visual acuity of his right eye is 20/200
and of his left eye 20/25. His ophthalmologist examined him in 2002 and
stated, ``In summary, based on my understanding of his continuously
satisfactory driving record, repeated visual field examinations
indicating a horizontal field of at least 150 degrees, and his recorded
binocular visual acuity of 20/25, I believe that he has `sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.' '' Mr. Bell reported that he has driven straight trucks for 3
years, accumulating 27,000 miles. He holds a Class C Maryland driver's
license, and his driving record for the last 3 years shows no accidents
or convictions for moving violations in a CMV.
5. Frank R. Berritto
Mr. Berritto, 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. Following an examination in 2002, his ophthalmologist certified,
``Mr. Berrito's condition is stable, and in my medical opinion, he has
sufficient vision necessary for driving his commercial vehicle.'' Mr.
Berritto submitted that he has driven buses for 3 years, accumulating
42,000 miles. He holds a Class C CDL from New York, and his driving
record shows he has had no accidents or convictions for moving
violations in a CMV in the last 3 years.
6. Robert B. Brewer, Jr.
Mr. Brewer, 63, has a dislocated lens in his right eye due to
trauma in 1982. His best-corrected visual acuity is 20/60 in the right
eye and 20/20 in the left. An ophthalmologist examined him in 2001 and
stated, ``In my medical opinion, Mr. Brewer has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
According to Mr. Brewer's application, he has driven straight trucks
for 10 years, accumulating 125,000 miles, and tractor-trailer
combinations for 10 years, accumulating 862,500 miles. He holds a Class
A CDL from Montana, and, according to his driving record, he has had no
accidents or convictions for moving violations in a CMV in the last 3
years.
7. Jack D. Clodfelter
Mr. Clodfelter, 66, experienced an ischemic attack in his right eye
in 1998. His aided visual acuity in the right eye is 20/80 and in the
left 20/20. An optometrist examined him in 2001 and certified, ``It is
my opinion that Mr. Clodfelter has sufficient vision to perform the
driving tasks required while operating a commercial vehicle.'' In his
application, Mr. Clodfelter stated he has 21 years and 2.6 million
miles of experience in operating tractor-trailer combinations. He holds
a North Carolina Class A driver's license currently, but at the time of
his application he held a Class A CDL, now expired. There are no
accidents or convictions for moving violations in a CMV on his record
for the last 3 years.
8. James W. Collins
Mr. Collins, 38, has amblyopia in his right eye. His best-corrected
vision in the right eye is 20/100 and in the left, 20/20. An
ophthalmologist examined him in 2002 and certified, ``In my opinion,
Mr. Collins' vision is sufficient to perform the driving tasks required
to operate a commercial vehicle.'' Mr. Collins submitted that he has
driven straight trucks for 5 years, accumulating 41,000 miles. He holds
a Class B CDL from Illinois, and there are no accidents or convictions
for moving violations in a CMV on his driving record for the last 3
years.
9. Douglas W. Cotney
Mr. Cotney, 55, had a choroidal rupture in his right eye due to
trauma in 1972. His visual acuity is 20/400 in the right eye and 20/20
in the left. Following an examination in 2002, his optometrist stated,
``It is my medical opinion that Mr. Cotney has sufficient vision to
perform the driving tasks required to operate a commercial vehicle just
as he has done for the past 30 years.'' Mr. Cotney reported that he has
35 years and 472,000 miles of experience in driving straight trucks. He
holds a Class DMV driver's license from Alabama, and there are no
accidents or convictions for moving violations in a CMV on his driving
record for the last 3 years.
10. Tommy J. Cross, Jr.
Mr. Cross, 21, has an aphakic right eye due to congenital cataract
extraction in childhood. His best-corrected visual acuity is counting
fingers in the right eye and 20/20 in the left. An optometrist who
examined him in 2001 certified, ``In my professional medical opinion,
Mr. Tommy J. Cross, Jr. has sufficient vision to safely perform the
driving tasks necessary to operate a commercial vehicle.'' Mr. Cross
reported that he has driven straight trucks for 3 years, accumulating
85,000 miles, and tractor-trailer combination vehicles for 2 years,
accumulating 125,000 miles. He holds a Class A CDL from Tennessee. His
driving record for the last 3 years shows no accidents or convictions
for moving violations in a CMV.
11. Daniel K. Davis III
Mr. Davis, 43, has an aphakic left eye due to trauma in 1980. His
best-corrected vision is 20/20 in the right eye and 20/800 in the left.
An optometrist who examined him in 2002 noted that Mr. Davis would be
applying for a CDL and certified, ``In my medical opinion, Mr. Davis
has sufficient vision to perform the driving tasks required.'' Mr.
Davis reported that he has operated
[[Page 46018]]
straight trucks for 20 years, accumulating 400,000 miles. He holds a
Class DM driver's license from Massachusetts. His driving record for
the last 3 years shows he has had no accidents and one conviction for a
moving violation--Speeding--in a CMV. He exceeded the speed limit by 14
mph.
12. Eric D. Davis
Mr. Davis, 41, lost his right eye due to trauma at age 12. His
visual acuity is 20/15 in the left eye. An ophthalmologist examined him
in 2001 and certified, ``Eric has sufficient vision to be able to drive
a commercial truck.'' Mr. Davis stated that he has driven straight
trucks for 22 years, accumulating 462,000 miles, and tractor-trailer
combinations for 4 years, accumulating 300,000 miles. He holds an Ohio
Class A CDL, and his driving record for the last 3 years shows no
accidents or convictions for moving violations in a CMV.
13. Gary R. Evans
Mr. Evans' left eye was removed during childhood secondary to
complications of a congenital cataract. His best-corrected visual
acuity is 20/40 in the right eye. His ophthalmologist examined him in
2002 and certified, ``In my opinion, he does have sufficient vision to
perform driving tasks associated with operating a commercial vehicle.''
In his application, Mr. Evans, age 47, reported that he has driven
straight trucks for 18 years, accumulating 369,000 miles. He holds a
Connecticut Class 2 driver's license, and there are no accidents or
convictions for moving violations in a CMV on his driving record for
the last 3 years.
14. Shelton L. Harvey
Mr. Harvey, 57, has had a macular hole in his left eye due to
trauma since 1988. His best-corrected visual acuity is 20/20 in the
right eye and 20/150 in the left. Following an examination in 2002, his
optometrist certified, ``In my medical opinion Mr. Harvey has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' According to his application, Mr. Harvey has
operated tractor-trailer combinations for 9 years, accumulating 540,000
miles. He holds a Georgia Class C driver's license currently, but at
the time of his application he held a Class A CDL, now expired. His
driving record for the last 3 years shows that he had no accidents and
one conviction for a moving violation--Speeding--in a CMV. He exceeded
the speed limit by 17 mph.
15. Gary T. Hicks
Mr. Hicks, 42, has amblyopia in his right eye. His best-corrected
visual acuity is 20/50 in the right eye and 20/20 in the left.
Following an examination in 2002, his ophthalmologist commented, ``Mr.
Hicks has stable amblyopia in the right eye. He also has full visual
fields in each eye. It is my opinion that he will be able to continue
his occupation as a commercial vehicle operator.'' Mr. Hicks submitted
that he has driven straight trucks for 25 years, accumulating 875,000
miles, tractor-trailer combinations for 10 years, accumulating 10,000
miles, and buses for 1 year, accumulating 2,000 miles. He holds a Class
A CDL from North Carolina, and his driving record shows he has had no
accidents or convictions for moving violations in a CMV during the last
3 years.
16. Walter R. Morris
Mr. Morris, 58, has been aphakic in the left eye since age 8 due to
trauma. His best-corrected vision is 20/15 in the right eye and
counting fingers in the left. An ophthalmologist examined him in 2001
and stated, ``He has sufficient vision to drive a commercial vehicle
without prescription eyeglasses.'' Mr. Morris, who holds a Class A CDL
from New Jersey, reported that he has been driving tractor-trailer
combination vehicles for 40 years, accumulating 2.6 million miles. His
driving record shows he has had no accidents or convictions for traffic
violations in a CMV during the last 3 years.
17. Barbara C. Pennington
Ms. Pennington, 38, has been blind in the right eye since 1991 due
to an accident. She has best-corrected visual acuity of 20/30 in the
left eye. Following an examination in 2001, her ophthalmologist stated,
``Patient has good vision in left eye to operate a commercial
vehicle.'' Ms. Pennington submitted that she has driven tractor-trailer
combinations for 8 years, accumulating 650,000 miles. She holds a
Florida Class A CDL, and her driving record shows that during the last
3 years she has had no accidents or convictions for moving violations
in a CMV.
18. Stephen C. Perdue
Mr. Perdue, 58, has been blind in the left eye since 1970 due to a
retinal detachment. His corrected visual acuity in the right eye is 20/
25+. Following an examination in 2002, his ophthalmologist stated, ``It
is my opinion once again that this patient has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Perdue reported that he has driven straight trucks for 2 years,
accumulating 200,000 miles, and tractor-trailer combinations for 36
years, accumulating 3.9 million miles. He holds a Class A CDL from
North Carolina. His driving record shows he has had one accident and no
convictions for moving violations in a CMV over the last 3 years.
According to the police report, the accident occurred in a construction
zone where the lane shifts were poorly marked and some of the old
markings were still visible. The police report indicated that the
driver of the other vehicle followed the old markings, causing his
trailer to veer into the lane occupied by Mr. Perdue's vehicle. Neither
driver was cited.
19. Allen V. Pickard
Mr. Pickard, 43, has a macular scar in his left eye due to an
injury in 1996. His visual acuity is 20/20 in the right eye and 20/120
not correctable in the left. An optometrist who examined him in 2001
certified, ``I do believe that Mr. Pickard has adequate vision to
safely operate a commercial motor vehicle.'' Mr. Pickard submitted that
he has operated straight trucks for 27 years, accumulating 135,000
miles, and tractor-trailer combinations for 12 years, accumulating
600,000 miles. He holds a Class A CDL from South Dakota, and his
driving record shows he has had no accidents or convictions for traffic
violations in a CMV for the last 3 years.
20. Larry A. Priewe
Mr. Priewe, 44, lost his left eye due to an injury 38 years ago.
His visual acuity is 20/15 corrected in the right eye. An
ophthalmologist examined him in 2001 and certified, ``In my medical
opinion, you have sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Priewe submitted that
he has driven tractor-trailer combinations for 23 years, accumulating
2.1 million miles. He holds a Class AM CDL from North Dakota. His
driving record for the past 3 years shows one accident and no
convictions for moving violations in a CMV. According to the police
report, Mr. Priewe's vehicle was stuck in a snowdrift and partially on
the roadway during a blowing snowstorm, and he was unable to put out
his flares due to his compartment being blocked by snow. Another
vehicle coming over a hillcrest struck the rear of his vehicle. Neither
driver was cited.
21. Gary L. Reveal
Mr. Reveal, 56, has been blind in his right eye since birth due to
optic nerve damage. His best-corrected vision is 20/15 in the left eye.
An optometrist
[[Page 46019]]
examined him in 2001 and stated, ``He does have sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Reveal reported he has driven straight trucks for 36 years,
accumulating 1.1 million miles, and tractor-trailer combinations for 17
years, accumulating 340,000 miles. He holds an Ohio Class A CDL. His
driving record shows that he has had one accident and no convictions
for moving violations in a CMV for the past 3 years. As indicated by
the police report, Mr. Reveal was stopped to back into a private
driveway while a second vehicle behind him was stopped to let him
proceed. The second vehicle was struck by a third vehicle and pushed
into Mr. Reveal's vehicle. The driver of the third vehicle was charged
with ``Following Too Closely.'' Mr. Reveal was not charged.
22. Billy L. Riddle
Mr. Riddle, 45, has amblyopia in his left eye. He has 20/15 vision
in the right eye and 20/160 in the left. Following an examination in
2002, his optometrist certified, ``Patient has sufficient vision to
drive a commercial vehicle.'' Mr. Riddle submitted that he has driven
straight trucks and tractor-trailer combinations for 19 years,
accumulating 380,000 miles in the former and 950,000 miles in the
latter. He holds a Class A CDL from Texas, and his driving record for
the last 3 years shows no accidents or convictions for traffic
violations in a CMV.
23. Randolph L. Rosewicz
Mr. Rosewicz, 49, lost his left eye at age 3 due to congenital
glaucoma. His best-corrected visual acuity is 20/20 in the right eye.
An ophthalmologist examined him in 2002, and commented, ``With the
stability noted I believe that the patient has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Rosewicz submitted that he has 17 years and 255,000 miles of
experience in operating straight trucks. He holds a Class ABCDM CDL
from Wisconsin, and his driving record shows that he has had no
accidents or convictions for moving violations in a CMV for the last 3
years.
24. Robert L. Savage
Mr. Savage, 68, has had a macular scar in his left eye since 1946.
His best-corrected vision is 20/20 in the right eye and 20/80 in the
left. His ophthalmologist examined him in 2001 and certified, ``He
functions commensurate with safe operation of a commercial vehicle,
with vision sufficient.'' In his application, Mr. Savage indicated he
has driven tractor-trailer combinations for 3 years, accumulating
21,000 miles. He holds a Class A CDL from Texas, and his driving record
for the past 3 years shows no accidents or convictions for traffic
violations in a CMV.
25. Kenneth D. Sisk
Mr. Sisk, 33, has amblyopia in his left eye. His best-corrected
visual acuity is 20/20 in the right eye and 20/300 in the left.
Following an examination in 2002, his optometrist certified, ``I do not
see any problem with him operating a commercial vehicle, especially
since he has been driving about 17 years with no problems and seems to
compensate well for the lack of acuity in the left eye.'' Mr. Sisk
reported that he has operated straight trucks for 6 years, accumulating
225,000 miles, and tractor-trailer combinations for 6 years,
accumulating 60,000 miles. He holds a Class A CDL from North Carolina,
and his driving record for the past 3 years shows no accidents or
convictions for traffic violations in a CMV.
26. Kenneth E. Suter, Jr.
Mr. Suter, 38, has amblyopia in his left eye. His best-corrected
visual acuity is 20/15 in the right eye and 20/200+ in the left.
Following an examination in 2002, his optometrist affirmed, ``Based on
this vision examination, I feel you have sufficient vision to operate a
commercial vehicle as you have done so safely in the past.'' Mr. Suter
holds a Class A CDL from Ohio, and reported that he has driven straight
trucks for 15 years, accumulating 675,000 miles, and tractor-trailer
combinations for 6 years, accumulating 30,000 miles. His driving record
shows no accidents or convictions for moving violations in a CMV for
the past 3 years.
27. Patrick D. Talley
Mr. Talley, 36, has a macular scar in his right eye due to
histoplasmosis in childhood. His best-corrected visual acuity is 20/50
in the right eye and 20/20 in the left. Following an examination in
2002, his optometrist certified, ``In my medical opinion, he does have
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Talley reported that he has operated straight
trucks for 14 years, accumulating 318,000 miles. He holds a Class DM
driver's license from South Carolina, and his driving record for the
last 3 years shows no accidents or convictions for moving violations in
a CMV.
28. Loren R. Walker
Mr. Walker, 60, experienced an ischemic attack in his left eye in
1975. His best-corrected vision is 20/20 in the right eye and 20/200 in
the left. Following an examination in 2001, his ophthalmologist
certified, ``In my opinion, this individual has adequate vision to
continue driving a commercial vehicle as he has been for the past 30
years.'' Mr. Walker submitted that he has operated straight trucks for
5 years, accumulating 55,000 miles, and tractor-trailer combinations
for 9 years, accumulating 816,000 miles. He holds a Class A CDL from
Idaho. He has had no accidents and one conviction for a traffic
violation--Using the Second Lane of a Three-Lane Highway--in a CMV for
the last 3 years, according to his driving record.
29. Edward C. Williams
Mr. Williams, 51, has had a macular hole in his left eye since
1992. His best-corrected visual acuity is 20/20 in the right eye and
20/200 in the left. An optometrist examined him in 2001 and certified,
``Mr. Williams' vision is adequate to operate a commercial vehicle.''
Mr. Williams submitted that he has driven straight trucks and tractor-
trailer combinations for 24 years, accumulating 1.3 million miles in
the former and 660,000 miles in the latter. He holds a Class AM CDL
from Alabama. His driving record for the last 3 years shows he has had
two accidents and no convictions while operating a CMV. According to
the police report for the first accident, an oncoming vehicle that
crossed the centerline while attempting to pass collided with Mr.
Williams' vehicle. According to the police report for the second
accident, Mr. Williams was driving a wrecker towing a vehicle when the
towed vehicle incurred a flat tire, causing it to hit a bridge. Mr.
Williams was not cited in either accident.
30. Timothy J. Wilson
Mr. Wilson, 47, is blind in the right eye due to an injury in 1965.
His visual acuity is 20/20 in the left eye. Following an examination in
2001, his optometrist certified, ``In my medical opinion, Mr. Wilson
has sufficient vision to safely perform the driving tasks required to
operate a commercial vehicle.'' In his application, Mr. Wilson
indicated he has driven straight trucks for 5 years, accumulating
15,000 miles, and tractor-trailer combinations for 25 years,
accumulating 500,000 miles. He holds a Class AM CDL from Maryland, and
his driving record for the last 3 years shows no accidents or
convictions for moving violations in a CMV.
[[Page 46020]]
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.
Issued on: July 2, 2002.
Pamela M. Pelcovits,
Acting Associate Administrator, Policy and Program Development.
[FR Doc. 02-17098 Filed 7-10-02; 8:45 am]
BILLING CODE 4910-EX-P