[Federal Register Volume 68, Number 76 (Monday, April 21, 2003)]
[Notices]
[Pages 19598-19601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9731]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2003-14504]


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 publishes the FMCSA's receipt of applications from 
29 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 May 21, 2003.

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 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 us to notify you that we 
received your comments, please include a self-addressed, stamped 
envelope or postcard.
    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review the 
Department of Transportation's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (Volume 65, Number 70; 
Pages 19477-78) or you may visit http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: 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:

Background

    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. 
The 29 individuals listed in this notice have recently requested an 
exemption from the vision requirement in 49 CFR 391.41(b)(10), which 
applies to drivers of CMVs in interstate commerce. Accordingly, the 
agency will evaluate the qualifications of each applicant to determine 
whether granting the exemption will achieve the required level of 
safety.

Qualifications of Applicants

1. Michael C. Boyne

    Mr. Boyne, 52, has retinopathy of prematurity in his right eye. His 
best-corrected visual acuity in the right eye is 20/400 and in the 
left, 20/20. His ophthalmologist examined him in 2002 and stated, 
``Based upon these findings, this individual has sufficient vision to 
perform driving tasks required to operate a commercial vehicle.'' Mr. 
Boyne submitted that he has driven tractor-trailer combinations for 9 
years, accumulating 1.0 million miles. He

[[Page 19599]]

holds a Class A commercial driver's license (CDL) from Florida. His 
driving record for the last 3 years shows one accident and no 
convictions for moving violations in a CMV. According to the police 
report, another driver moved into Mr. Boyne's lane, striking his 
vehicle. The report indicated that the other driver contributed to the 
accident by ``failure to keep in proper lane.'' Mr. Boyne was not 
cited.

2. Clifford D. Carpenter

    Mr. Carpenter, 59, lost his right eye due to an injury 17 years 
ago. His best-corrected visual acuity in the left eye is 20/20. 
Following an examination in 2002, his optometrist certified, ``It is my 
medical opinion that Mr. Carpenter meets the conditions for 
consideration for the vision exemption program, and has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Carpenter reported that he has driven straight trucks 
for 41 years, accumulating 717,000 miles, and tractor-trailer 
combinations for 39 years, accumulating 390,000 miles. He holds a Class 
A CDL from Missouri. His driving record for the last 3 years shows no 
accidents or convictions for moving violations in a CMV.

3. Bobby R. Carter, Sr.

    Mr. Carter, 55, has had optic nerve atrophy in his left eye since 
1998. His best-corrected visual acuity in the right eye is 20/20 and in 
the left, light perception. Following an examination in 2002, his 
optometrist certified, ``His vision is sufficient for operating a 
commercial vehicle: distance acuity is clear, peripheral vision is full 
and adequate for him to see all the mirrors.'' Mr. Carter reported that 
he has driven tractor-trailer combinations for 12 years, accumulating 
900,000 miles. He holds a Class CA CDL from Michigan. His driving 
record shows no accidents or convictions for moving violations in a CMV 
during the last 3 years.

4. Darryl D. Cassatt

    Mr. Cassatt, 46, has a congenital cataract in his right eye. His 
best-corrected visual acuity is 20/400 in the right eye and 20/20 in 
the left. Following an examination in 2002, his optometrist certified, 
``In my expert medical opinion, I feel Darryl Cassatt has sufficient 
vision to operate a commercial vehicle.'' Mr. Cassatt submitted that he 
has driven straight trucks for 3 years, accumulating 234,000 miles, and 
tractor-trailer combinations for 4 years, accumulating 468,000 miles. 
He holds a Class AM CDL from Iowa. His driving record shows no 
accidents or convictions for moving violations in a CMV during the last 
3 years.

5. Timothy H. Dubois

    Mr. Dubois, 41, has amblyopia in his left eye. His best-corrected 
visual acuity in the right eye is 20/20 and in the left, 20/300. 
Following an examination in 2002, his optometrist certified, ``In my 
medical opinion, I believe that Tim Dubois has sufficient vision 
required to operate a commercial vehicle.'' Mr. Dubois reported that he 
has driven straight trucks for 11 years, accumulating 440,000 miles, 
and tractor-trailer combinations for 11 years, accumulating 55,000 
miles. He holds a Class A CDL from Minnesota. His driving record shows 
no accidents or convictions for moving violations in a CMV during the 
last 3 years.

6. Robert E. Ezell, Jr.

    Mr. Ezell, 43, has amblyopia in his left eye. His best-corrected 
visual acuity is 20/20 in the right eye and 20/90 in the left. 
Following an examination in 2002, his optometrist certified, ``Mr. 
Ezell has had this condition (amblyopia) since he was a child, and it 
is my medical opinion that he has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Ezell 
reported that he has driven straight trucks for 15 years, accumulating 
45,000 miles, and tractor-trailer combinations for 6 years, 
accumulating 750,000 miles. He holds a driver's license from the State 
of Washington. His driving record shows one accident and no convictions 
for moving violations in a CMV. According to the police report, Mr. 
Ezell's vehicle struck an unoccupied vehicle that rolled out of a 
parking lot into his travel lane. The owner was cited for ``no proof of 
insurance.'' Mr. Ezell was not cited.

7. Orasio Garcia

    Mr. Garcia, 46, has amblyopia in his left eye. The visual acuity in 
his right eye is 20/20 and in the left, hand motions. Following an 
examination in 2002, his ophthalmologist certified, ``I am not familiar 
with the criteria of vision requirements of a commercial vehicle 
driver, but he has been doing this line of work all his life with 
stable ophthalmologic condition, and I feel reasonably certain that Mr. 
Garcia should be able to continue commercial operation as he has done 
in the past.'' Mr. Garcia submitted that he has driven straight trucks 
for 5 years, accumulating 20,000 miles, and tractor-trailer 
combinations for 3 years, accumulating 300,000 miles. He holds a Class 
A CDL from Texas. His driving record for the last 3 years shows one 
accident and no convictions for moving violations in a CMV. According 
to the police report, another driver failed to yield at a stop sign, 
striking Mr. Garcia's vehicle. The other driver was cited for ``failure 
to yield right of way at stop sign.'' Mr. Garcia was not cited.

8. Reginal Gillis

    Mr. Gillis, 39, has amblyopia in his right eye. His best-corrected 
visual acuity in the right eye is 20/100 and in the left, 20/20. His 
ophthalmologist examined him in 2002 and stated, ``There is no evidence 
with your current eye condition that will prevent you from operating 
any type of commercial motor vehicle.'' Mr. Gillis submitted that he 
has driven straight trucks for 15 years, accumulating 7,000 miles. He 
holds a Class B CDL from Florida. His driving record for the last 3 
years shows no accidents or convictions for moving violations in a CMV.

9. Raymond D. Gromley

    Mr. Gromley, 58, lost the vision in his left eye due to trauma in 
1992. His best-corrected visual acuity in the right eye is 20/20. 
Following an examination in 2002, his ophthalmologist stated, ``In my 
opinion, Raymond's vision in his remaining eye is satisfactory for him 
to perform driving tasks required to operate a commercial vehicle.'' 
Mr. Gromley submitted that he has driven straight trucks for 42 years, 
accumulating 420,000 miles, and tractor-trailer combinations for 16 
years, accumulating 560,000 miles. He holds a Class A CDL from Ohio. 
His driving record for the last 3 years shows no accidents and one 
conviction for a moving violation--speeding--in a CMV. He exceeded the 
speed limit by 11 mph.

10. Dennis K. Harris

    Mr. Harris, 41, lost his right eye due to an accident in 1982. The 
visual acuity in his left eye is 20/15. An ophthalmologist examined him 
in 2002 and stated, ``He appears well-adapted to being one-eyed. He has 
a totally normal left eye with excellent vision without any correction, 
and he should be able to drive using this eye. Specifically, he should 
be able to drive a commercial vehicle for the tasks required of him by 
his employer.'' Mr. Harris submitted that he has driven straight trucks 
for 17 years, accumulating 527,000 miles. He holds a Class CM driver's 
license from Georgia. His driving record shows no accidents or 
convictions for moving violations in a CMV during the last 3 years.

[[Page 19600]]

11. Donald E. Howell

    Mr. Howell, 61, has count fingers vision in his left eye due to 
toxoplasmosis chorioretinitis in 1975. His best-corrected visual acuity 
in the right eye is 20/20. Following an examination in 2002, his 
ophthalmologist stated, ``In my opinion, you have more than enough 
vision to perform all driving tasks required of a commercial driver in 
a large commercial vehicle.'' Mr. Howell reported that he has driven 
straight trucks for 40 years, accumulating 80,000 miles, and tractor-
trailer combinations for 38 years, accumulating 3.0 million miles. He 
holds a Class A CDL from Pennsylvania. His driving record shows no 
accidents or convictions for moving violations in a CMV during the last 
3 years.

12. Tommy T. Hudson

    Mr. Hudson, 49, has a retinal scar in his right eye due to 
histoplasmosis. The visual acuity in his right eye is light perception 
and in the left, 20/20. His optometrist examined him in 2002 and 
certified, ``In my opinion, I believe the patient has sufficient vision 
in both eyes to operate a commercial vehicle.'' Mr. Hudson reported 
that he has driven tractor-trailer combinations for 30 years, 
accumulating 2.3 million miles. He holds a Class AM CDL from Virginia. 
His driving record for the last 3 years shows no accidents or 
convictions for moving violations in a CMV.

13. William D. Johnson

    Mr. Johnson, 53, has amblyopia in his left eye. His best-corrected 
visual acuity in the right eye is 20/20 and in the left, 20/400. An 
optometrist examined him in 2002 and stated, ``In my professional 
opinion, Mr. Johnson has sufficient vision to perform driving tasks 
that he has performed for the past 35 years. Anyone that has an 
amblyopic eye since birth has learned to compensate for their 
deficiency, and is very capable of continuing driving until he starts 
to have a decrease in visual acuity in his right eye.'' Mr. Johnson 
submitted that he has driven tractor-trailer combinations for 35 years, 
accumulating 1.9 million miles. He holds a Class A CDL from Oklahoma. 
His driving record for the last 3 years shows no accidents or 
convictions for moving violations in a CMV.

14. Raymond T. Jones, Jr.

    Mr. Jones, 46, has a macular scar in his right eye due to an injury 
at the age of 13. His best-corrected visual acuity is 20/70 in the 
right eye and 20/20 in the left. Following an examination in 2002, his 
ophthalmologist certified, ``Mr. Jones has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. Jones 
reported that he has driven tractor-trailer combinations for 21 years, 
accumulating 1.9 million miles. He holds a Class A CDL from North 
Carolina. His driving record shows one accident and no convictions for 
moving violations in a CMV. According to the police report, Mr. Jones 
collided with a vehicle that swerved into his lane after being 
sideswiped by a hit and run driver. The report indicated that the 
driver of the hit and run vehicle was not known, and none of the 
drivers was charged.

15. Edward J. Kasper

    Mr. Kasper, 66, has reduced vision in his left eye due to an 
accident 60 years ago. His best-corrected visual acuity in the right 
eye is 20/20 and in the left, 20/200. An ophthalmologist examined him 
in 2002 and certified, ``The patient has more than sufficient vision to 
perform the tasks required to operate a commercial vehicle.'' Mr. 
Kasper reported that he has driven buses for 5 years, accumulating 
225,000 miles. He holds a Class B CDL from Delaware. His driving record 
for the last 3 years shows no accidents and one conviction for a moving 
violation--speeding--in a CMV. He exceeded the speed limit by 10 mph.

16. Jimme D. Kline

    Mr. Kline, 44, has amblyopia in his left eye. The visual acuity in 
his right eye is 20/20 and in the left, 20/400. An ophthalmologist 
examined him in 2002 and stated, ``Jimme Kline's uncorrected vision is 
sufficient for driving commercial vehicles.'' Mr. Kline submitted that 
he has driven straight trucks for 25 years, accumulating 625,000 miles, 
and tractor-trailer combinations for 4 years, accumulating 400,000 
miles. He holds a Class A CDL from Texas. His driving record for the 
last 3 years shows no accidents or convictions for moving violations in 
a CMV.

17. Phillip L. Mangen

    Mr. Mangen, 37, has amblyopia in his left eye. His best-corrected 
visual acuity is 20/15 in the right eye and 20/60 in the left. An 
optometrist examined him in 2002 and stated, ``I feel Phillip Mangen 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Mangen submitted that he has driven 
tractor-trailer combinations for 15 years, accumulating 1.5 million 
miles. He holds a Class A CDL from Ohio. His driving record for the 
last 3 years shows no accidents or convictions for moving violations in 
a CMV.

18. Paul V. Mattingly

    Mr. Mattingly, 47, has amblyopia in his right eye. His best-
corrected visual acuity in the right eye is 20/200 and in the left, 20/
15. His optometrist examined him in 2002 and stated, ``Mr. Mattingly 
has sufficient visual performance to operate a commercial vehicle.'' 
Mr. Mattingly reported that he has driven straight trucks for 27 years, 
accumulating 891,000 miles. He holds a Class B driver's license from 
Illinois. His driving record shows no accidents or convictions for 
moving violations in a CMV during the last 3 years.

19. Steven M. Montalbo

    Mr. Montalbo, 45, lost his left eye due to injury 36 years ago. His 
best-corrected visual acuity in the right eye is 20/15. Following an 
examination in 2002, his optometrist certified, ``Based upon these 
findings, we feel that the patient has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Montalbo 
submitted that he has driven straight trucks for 7 years, accumulating 
698,000 miles, and tractor-trailer combinations for 25 years, 
accumulating 624,000 miles. He holds a Class A CDL from California. His 
driving record for the last 3 years shows no accidents or convictions 
for moving violations in a CMV.

20. Bernard E. Roche

    Mr. Roche, 65, has had scarring of the retina in his right eye due 
to injury since 1995. His corrected visual acuity is 20/20 in the right 
eye and 20/100 in the left. Following an examination in 2002, his 
optometrist commented, ``In my opinion, Mr. Roche has sufficient vision 
to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Roche submitted that he has driven straight trucks for 
42 years, accumulating 840,000 miles. He holds a Class A CDL from 
Virginia. His driving record for the last 3 years shows no accidents or 
convictions for moving violations in a CMV.

21. Charles J. Rowsey

    Mr. Rowsey, 39, lost his right eye due to injury 18 years ago. The 
visual acuity in his left eye is 20/15. Following an examination in 
2002, his optometrist certified, ``In my professional opinion, Charles 
Rowsey has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Rowsey reported that he has driven 
tractor-trailer combinations for 16 years, accumulating 1.0 million 
miles. He holds a Class A CDL from North Carolina. His driving record 
shows no accidents or convictions for moving

[[Page 19601]]

violations in a CMV during the last 3 years.

22. Vincent Rubino

    Mr. Rubino, 33, has amblyopia in his right eye. His best-corrected 
visual acuity is counting fingers in the right eye and 20/20 in the 
left. His ophthalmologist examined him in 2002 and stated, ``Based on 
my exam and Mr. Rubino's past history, I feel he has sufficient vision 
to perform the tasks required to operate a commercial vehicle.'' Mr. 
Rubino reported that he has driven straight trucks for 4 years, 
accumulating 200,000 miles, and tractor-trailer combinations for 10 
years, accumulating 550,000 miles. He holds a Class A CDL from New 
Jersey. His driving record shows no accidents or convictions for moving 
violations in a CMV during the last 3 years.

23. Randy G. Spilman

    Mr. Spilman, 47, has amblyopia in his right eye. His best-corrected 
visual acuity is 20/50 in the right eye and 20/20 in the left. His 
optometrist examined him in 2002 and stated, ``It is my medical opinion 
that Mr. Spilman's vision is sufficient to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Spilman submitted that 
he has driven tractor-trailer combinations for 16 years, accumulating 
1.9 million miles. He holds a Class A CDL from Ohio. His driving record 
for the last 3 years shows no accidents or convictions for moving 
violations in a CMV.

24. Wyatt W. Thayer, Jr.

    Mr. Thayer, 63, has had open angle glaucoma and iritis in his right 
eye since 1997. His best-corrected visual acuity is 20/40-2 in the 
right eye and 20/20 in the left. His optometrist examined him in 2002 
and stated, ``In my medical opinion, Mr. Thayer has more than 
sufficient vision to perform the driving tasks of a commercial 
vehicle.'' Mr. Thayer reported that he has driven tractor-trailer 
combinations for 16 years, accumulating 974,000 miles. He holds a Class 
A CDL from North Carolina. His driving record for the last 3 years 
shows no accidents or convictions for moving violations in a CMV.

25. Thomas S. Thompson

    Mr. Thompson, 61, is blind in his left eye due to trauma in 1974. 
His best-corrected visual acuity in the right eye is 20/20. His 
optometrist examined him in 2002 and certified, ``It is my opinion that 
this individual has sufficient vision to perform the driving tasks of 
operating a commercial vehicle as he has done previously for the past 
25 years without incident.'' Mr. Thompson submitted that he has driven 
tractor-trailer combinations for 28 years, accumulating 2.1 million 
miles. Mr. Thompson holds a Class A CDL from Nebraska. His driving 
record shows no accidents or convictions for moving violations in a CMV 
during the last 3 years.

26. Robert A. Wegner

    Mr. Wegner, 38, has amblyopia in his left eye. His best-corrected 
visual acuity in the right eye is 20/20 and in the left, 20/200. 
Following an examination in 2002, his optometrist certified, ``The 
condition of amblyopia is one that Robert has compensated for his 
entire life and, in my opinion, will not impair his ability to safely 
operate any motor vehicle.'' Mr. Wegner submitted that he has driven 
tractor-trailer combinations for 7 years, accumulating 390,000 miles. 
He holds a Class A CDL from Minnesota. His driving record for the last 
3 years shows no accidents and one conviction for a moving violation in 
a CMV. Mr. Wegner failed to obey a stop sign.

27. John E. Wertz

    Mr. Wertz, 48, has amblyopia in his right eye. His best-corrected 
visual acuity in the right eye is 20/60 and in the left, 20/20. His 
optometrist examined him in 2002 and certified, ``In my medical 
opinion, I feel John is capable of performing the driving tasks 
necessary to operate a commercial vehicle.'' Mr. Wertz reported that he 
has driven tractor-trailer combinations for 14 years, accumulating 1.7 
million miles. He holds a Class A CDL from Pennsylvania. His driving 
record shows no accidents or convictions for moving violations in a CMV 
during the last 3 years.

28. John W. Williams

    Mr. Williams, 56, lost his left eye due to trauma in childhood. The 
visual acuity in his right eye is 20/20. An optometrist examined him in 
2002 and certified, ``His visual capacity should be sufficient to 
perform commercial vehicle operation.'' Mr. Williams reported that he 
has driven straight trucks for 20 years, accumulating 322,000 miles, 
and tractor-trailer combinations for 12 years, accumulating 1.2 million 
miles. He holds a Class AM CDL from Illinois. His driving record for 
the last 3 years shows no accidents or convictions for moving 
violations in a CMV.

29. Christopher D. Yates

    Mr. Yates, 31, has amblyopia in his left eye. His best-corrected 
visual acuity is 20/20 in the right eye and 20/60 in the left. 
Following an examination in 2002, his optometrist certified, ``Chris 
has sufficient vision to operate a commercial vehicle safely.'' Mr. 
Yates reported that he has driven straight trucks for 3 years, 
accumulating 60,000 miles. He holds a Class DC operator's license/CDL 
from Kentucky. His driving record shows no accidents and one conviction 
for a moving violation--``disregarding a stop sign''--in a CMV during 
the last 3 years.

Request for Comments

    In accordance with 49 U.S.C. 31315 and 31136(e), the FMCSA requests 
public comment from all interested persons on the exemption 
applications described in this notice. We will consider all comments 
received before the close of business on the closing date indicated 
earlier in the notice.

    Issued on: April 15, 2003.
Pamela Pelcouits,
Acting Associate Administrator, Policy, Plans and Regulation.
[FR Doc. 03-9731 Filed 4-18-03; 8:45 am]
BILLING CODE 4910-EX-P