[Federal Register Volume 68, Number 172 (Friday, September 5, 2003)]
[Notices]
[Pages 52811-52814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22567]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2003-15892]


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 
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 October 6, 2003.

ADDRESSES: You may submit comments identified by DOT DMS Docket Number 
FMCSA-2003-15268 by any of the following methods:
    [sbull] Web Site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
    [sbull] Fax: 1-202-493-2251.
    [sbull] Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
    [sbull] Hand Delivery: Room Pl-401 on the plaza level of the Nassif 
Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal Holidays.
    [sbull] Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
    Instructions: All submissions must include the agency name and 
docket number for this notice. For detailed instructions on submitting 
comments and additional information on the rulemaking process, see the 
Public Participation heading of the Supplementary Information section 
of this document. Note that all comments received will be posted 
without change to http://dms.dot.gov, including any personal 
information provided. Please see the Privacy Act heading under 
Regulatory Notices.
    Docket: For access to the docket to read background documents or 
comments received, go to http://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.

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: Public Participation: The DMS is available 
24 hours each day, 365 days each year. You can get electronic 
submission and retrieval help guidelines under the ``help'' section of 
the DMS Web site. If you want us to notify you that we received your 
comments, please include a self-addressed, stamped envelope or postcard 
or print the acknowledgement page that appears after submitting 
comments on-line.
    Privacy Act: 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.

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 30 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. Lauren C. Allen

    Mr. Allen, age 58, has amblyopia in his right eye. His visual 
acuity in the right eye is 20/150 and in the left, 20/

[[Page 52812]]

30. Following an examination in 2003, his optometrist certified, ``In 
my professional opinion, this patient has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle under any 
conditions.'' Mr. Allen reported that he has driven tractor-trailer 
combinations for 32 years, accumulating 1.6 million miles. He holds a 
Class A commercial driver's license (CDL) from New York. His driving 
record for the last 3 years shows no accidents or convictions for 
moving violations in a CMV.

2. Tracey A. Ammons

    Mr. Ammons, 46, has amblyopia in his left eye. His best-corrected 
visual acuity in the right eye is 20/20 and in the left, 20/100. 
Following an examination in 2003, his optometrist certified, ``His 
vision is sufficient to operate a commercial vehicle.'' Mr. Ammons 
reported that he has driven tractor-trailer combinations for 13 years, 
accumulating 955,000 miles. He holds a Class A CDL from North Carolina. 
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 slid through a stop sign due to icy road 
conditions and struck Mr. Ammons' vehicle. Neither driver was cited.

3. Randy B. Combs

    Mr. Combs, 58, has amblyopia in his left eye. His best-corrected 
visual acuity in the right eye is 20/15 and in the left, 20/100. His 
optometrist examined him in 2003 and stated, ``In my opinion, Mr. Combs 
has more than adequate vision for safely operating a commercial 
vehicle.'' Mr. Combs submitted that he has driven tractor-trailer 
combinations for 19 years, accumulating 1.4 million miles. He holds a 
Class DA CDL from Kentucky. His driving record for the last 3 years 
shows no accidents or convictions for moving violations in a CMV.

4. William J. Corder

    Mr. Corder, 38, has amblyopia in his right eye. His best-corrected 
visual acuity in the right eye is 20/400 and in the left, 20/20. 
Following an examination in 2002, his ophthalmologist certified, 
``Visual fields overall and vision in the left eye in my opinion are 
sufficient to operate a commercial vehicle.'' Mr. Corder reported that 
he has driven straight trucks for 4 years, accumulating 320,000 miles, 
and tractor-trailer combinations for 10 years, accumulating 1.0 million 
miles. He holds a Class A CDL from North Carolina. 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, the accident 
occurred when Mr. Corder's vehicle struck a deer. He was not cited.

5. Robert L. Cross, Jr.

    Mr. Cross, 41, has amblyopia in his right eye. His best-corrected 
visual acuity in the right eye is 20/300 and in the left, 20/20. 
Following an examination in 2003, his optometrist certified, ``In my 
opinion, he should have no problems operating a commercial vehicle 
taking into consideration his current visual condition.'' Mr. Cross 
reported that he has driven straight trucks for 15 years, accumulating 
67,000 miles. He holds a Class F driver's license from Missouri. His 
driving record shows no accidents or convictions for moving violations 
in a CMV during the last 3 years.

6. William P. Davis

    Mr. Davis, 56, has a retinal scar in his left eye due to a 
childhood infection. His best-corrected visual acuity in the right eye 
is 20/20, and in the left, hand motions. His optometrist examined him 
in 2002 and stated, ``Paul's vision is more than adequate for any 
driving challenge that he may have, private or commercial.'' Mr. Davis 
submitted that he has driven straight trucks for 38 years, accumulating 
2.8 million miles. He holds a Class A CDL from Georgia. 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 9 
mph.

7. Dennie R. Ferguson

    Mr. Ferguson, 48, lost his right eye due to an injury at age 13. 
His best-corrected visual acuity in the left eye is 20/20. Following an 
examination in 2003, his optometrist certified, ``I feel that Mr. 
Ferguson's vision is sufficient to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Ferguson reported that he has 
driven tractor-trailer combinations for 17 years, accumulating 1.5 
million miles. He holds a Class A CDL from Arkansas. His driving record 
for the last 3 years shows no accidents or convictions for moving 
violations in a CMV.

8. Edward J. Genovese

    Mr. Genovese, 38, has amblyopia in his right eye. His best-
corrected visual acuity in the right eye is 20/60 and in the left, 20/
20. Following an examination in 2003, his optometrist certified, ``I 
believe that with his prior driving experience and his current visual 
acuity, he is capable of performing duties required to operate a 
commercial vehicle.'' Mr. Genovese reported that he has driven straight 
trucks for 19 years, accumulating 665,000 miles, and tractor-trailer 
combinations for 16 years, accumulating 560,000 miles. He holds a Class 
A CDL from Illinois. His driving record for the last 3 years shows no 
accidents and one conviction for a moving violation--``disregarding an 
official traffic device''--in a CMV.

9. Dewayne E. Harms

    Mr. Harms, 62, lost his left eye due to an injury at age 3. His 
best-corrected visual acuity in the right eye is 20/20. Following an 
examination in 2002, his ophthalmologist certified, ``Finally it is my 
medical opinion that Mr. Harms has sufficient vision to perform driving 
tasks required to operate a commercial vehicle.'' Mr. Harms reported 
that he has driven tractor-trailer combinations for 28 years, 
accumulating 280,000 miles. He holds a Class A CDL from Illinois. His 
driving record for the last 3 years shows no accidents or convictions 
for moving violations in a CMV.

10. Mark D. Kraft

    Mr. Kraft, 49, sustained an injury to his right eye at age 13. His 
best-corrected visual acuity in the right eye is light perception and 
in the left, 20/20. Following an examination in 2003, his optometrist 
certified, ``Considering the longstanding duration and stability of 
vision loss of the left eye associated with Mr. Mark Kraft and his 
unremarkable driving record, I feel Mr. Kraft has sufficient vision to 
perform the driving tasks required to operate commercial vehicles.'' 
Mr. Kraft reported that he has driven straight trucks for 27 years, 
accumulating 885,000 miles. He holds a Class B CDL from Illinois. His 
driving record for the last 3 years shows no accidents or convictions 
for moving violations in a CMV.

11. David F. LeClerc

    Mr. LeClerc, 44, lost his right eye due to a childhood injury. The 
visual acuity in his left eye is 20/20. Following an examination in 
2003 his optometrist stated, ``It is my medical opinion that Mr. 
LeClerc has no visual limitations that would inhibit his ability to 
operate a commercial vehicle.'' Mr. LeClerc submitted that he has 
driven tractor-trailer combinations for 25 years, accumulating 3.1 
million 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--speeding--in a

[[Page 52813]]

CMV. He exceeded the speed limit by 11 mph.

12. Roger J. Mason

    Mr. Mason, 60, has had a torn iris in his right eye for 54 years. 
His best-corrected visual acuity in the right eye is 20/80 and in the 
left, 20/20. His optometrist examined him in 2003 and stated, ``In my 
optometric opinion, Mr. Roger J. Mason has sufficient vision to perform 
driving tasks required to operate a commercial vehicle.'' Mr. Mason 
reported that he has driven straight trucks for 3 years, accumulating 
210,000 miles, and tractor-trailer combinations for 37 years, 
accumulating 3.1 million miles. He holds a Class A CDL from Maryland. 
His driving record for the last 3 years shows no accidents or 
convictions for moving violations in a CMV.

13. David L. Menken

    Mr. Menken, 47, lost his right eye in 1999 due to an injury. His 
visual acuity in the left eye is 20/20. Following an examination in 
2003, his ophthalmologist certified, ``In my opinion, he is medically 
and visually stable to perform the driving tasks necessary to operate a 
commercial vehicle.'' Mr. Menken reported that he has driven tractor-
trailer combinations for 20 years, accumulating 2.4 million miles. He 
holds a class AM CDL from New York. His driving record for the last 3 
years shows no accidents and two convictions for moving violations--
``disregarding a traffic control device'' and ``obstructing an 
intersection''--in a CMV.

14. Richard L. Messinger

    Mr. Messinger, 74, has amblyopia in his right eye. His best-
corrected visual acuity in the right eye is 20/200 and in the left, 20/
25. Following an examination in 2003, his ophthalmologist certified, 
``I feel he has sufficient vision to perform driving tasks required to 
operate a commercial vehicle.'' Mr. Messinger reported that he has 
driven straight trucks for 35 years, accumulating 2.9 million miles. He 
holds a Class CM driver's license from Pennsylvania. His driving record 
shows no accidents or convictions for moving violations in a CMV during 
the last 3 years.

15. James M. Nelson

    Mr. Nelson, 58, lost his right eye due to trauma 30 years ago. His 
best-corrected visual acuity in the left eye is 20/25. Following an 
examination in 2003, his optometrist certified, ``He has had an 
artificial eye for 30 years, and in my medical opinion he has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle since he has done such for several years.'' Mr. 
Nelson reported that he has driven straight trucks for 3 years, 
accumulating 120,000 miles, and tractor-trailer combinations for 34 
years, accumulating 3.8 million 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.

16. Edward J. Perfetto

    Mr. Perfetto, 63, has only light perception in the right eye due to 
a congenital defect. His best-corrected visual acuity in the left eye 
is 20/20. Following an examination in 2003, his ophthalmologist 
certified, ``I believe that he has sufficient vision in his eyes to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Perfetto reported that he has driven straight trucks for 30 years, 
accumulating 750,000 miles. He holds a Class B CDL from New Jersey. His 
driving record for the last 3 years shows no accidents and one 
conviction for a moving violation--``truck off truck route''--in a CMV.

17. Keith G. Reichel

    Mr. Reichel, 39, has amblyopia in his left eye. His best-corrected 
visual acuity in the right eye is 20/20 and in the left, 20/60. 
Following an examination in 2003, his optometrist certified, ``In my 
opinion Mr. Reichel has adequate vision to operate a commercial 
vehicle.'' Mr. Reichel reported that he has driven straight trucks for 
17 years, accumulating 340,000 miles. He holds a Class AM CDL from 
Georgia. His driving record for the last 3 years shows no accidents or 
convictions for moving violations in a CMV.

18. Carson E. Rohrbaugh

    Mr. Rohrbaugh, 47, has amblyopia in his left eye. His best-
corrected visual acuity in the right eye is 20/20 and in the left, 20/
60. His optometrist examined him in 2003 and stated, ``With normal 
visual fields and 20/20 vision in the right eye, Mr. Rohrbaugh's 
slightly decreased acuity would not hinder his ability to safely 
operate a commercial vehicle.'' Mr. Rohrbaugh submitted that he has 
driven tractor-trailer combinations for 25 years, accumulating 557,000 
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.

19. Ronald L. Roy

    Mr. Roy, 39, is blind in his left eye due to an injury in 1992. His 
visual acuity in the right eye is 20/20. Following an examination in 
2003, his ophthalmologist certified, ``In my opinion, he has sufficient 
vision to perform the driving tasks needed to safely operate a 
commercial vehicle.'' Mr. Roy reported that he has driven straight 
trucks and tractor-trailer combinations for 21 years, accumulating 
525,000 miles in the former and 735,000 miles in the latter. He holds a 
Class AL CDL from Illinois. His driving record for the last 3 years 
shows no accidents and one conviction for a moving violation--exceeding 
the speed limit by 13 mph--in a CMV.

20. Robert E. Sanders

    Mr. Sanders, 55, has amblyopia in his left eye. His best-corrected 
visual acuity in the right eye is 20/20 and in the left, 20/400. 
Following an examination in 2003, his ophthalmologist stated, ``His 
vision is sufficient and stable to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Sanders reported that he has 
driven straight trucks for 30 years, accumulating 750,000 miles, and 
tractor-trailer combinations for 5 years, accumulating 375,000 miles. 
He holds a Class A CDL from Pennsylvania. His driving record for the 
last 3 years shows no accidents or convictions for moving violations in 
a CMV.

21. Earl W. Sheets

    Mr. Sheets, 38, has amblyopia in his right eye. His best-corrected 
visual acuity in the right eye is count fingers and in the left, 20/25. 
His ophthalmologist examined him in 2003 and stated, ``I certify that 
it is my medical opinion that he has sufficient vision to perform his 
driving tasks while operating a commercial vehicle.'' Mr. Sheets 
submitted that he has driven straight trucks for 2 years, accumulating 
120,000 miles, and tractor-trailer combinations for 20 years, 
accumulating 2.2 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.

22. James T. Simmons

    Mr. Simmons, 62, has had macular degeneration in his left eye since 
1998. His best-corrected visual acuity in the right eye is 20/10 and in 
the left, 20/200. His ophthalmologist examined him in 2003 and 
certified, ``This patient has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Simmons submitted 
that

[[Page 52814]]

he has driven tractor-trailer combinations for 35 years, accumulating 
4.2 million miles. He holds a Class A CDL from North Carolina. His 
driving record shows no accidents or convictions for moving violations 
in a CMV during the last 3 years.

23. Donald J. Snider

    Mr. Snider, 54, has amblyopia in his left eye. His best-corrected 
visual acuity in the right eye is 20/20 and in the left, 20/200. His 
ophthalmologist examined him in 2003 and certified, ``His situation is 
stable and I feel he has sufficient vision to continue operating a 
commercial vehicle.'' Mr. Snider reported that he has driven straight 
trucks for 3 years, accumulating 22,000 miles. He holds a chauffeur's 
license from Indiana. His driving record shows no accidents or 
convictions for moving violations in a CMV during the last 3 years.

24. Ralphis L. Tisdale

    Mr. Tisdale, 61, lost his right eye due to an injury at age 13. The 
visual acuity in his left eye is 20/15. Following an examination in 
2002 his optometrist stated, ``I believe Mr. Tisdale has sufficient 
vision to perform any driving tasks required of him to operate a 
commercial vehicle.'' Mr. Tisdale reported that he has driven straight 
trucks for 25 years, accumulating 1.3 million miles, and tractor-
trailer combinations for 7 years, accumulating 385,000 miles. He holds 
a Class A CDL from Arkansas. His driving record for the last 3 years 
shows no accidents or convictions for moving violations in a CMV.

25. Jesse L. Townsend

    Mr. Townsend, 60, 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 ophthalmologist certified, ``In 
my opinion this patient has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Townsend reported 
that he has driven straight trucks for 42 years, accumulating 2.9 
million miles, tractor-trailer combinations for 30 years, accumulating 
2.1 million miles, and buses for 5 years, accumulating 50,000 miles. He 
holds a Class D chauffeur's license from Louisiana. His driving record 
for the last 3 years shows no accidents or convictions for moving 
violations in a CMV.

26. Thomas A. Valik, Jr.

    Mr. Valik, 38, had a tumor removed from his left eye in 1985. His 
visual acuity in the right eye is 20/20 and in the left, no light 
perception. Following an examination in 2003, his optometrist 
certified, ``There is no visual or ocular reason why he would be unable 
to safely operate a commercial vehicle.'' Mr. Valik submitted that he 
has driven straight trucks and tractor-trailer combinations for 15 
years, accumulating 375,000 miles in each. He holds a Class A CDL from 
Michigan. His driving record shows no accidents or convictions for 
moving violations in a CMV during the last 3 years.

27. Thomas D. Walden

    Mr. Walden, 50, has been blind in his left eye due to corneal 
scarring since age 9. His visual acuity in the right eye is 20/15 with 
correction. Following an examination in 2003, his ophthalmologist 
certified, ``I believe that if Mr. Walden is accustomed to driving a 
commercial vehicle that he should meet the criteria for continuing to 
drive with his current ocular status.'' Mr. Walden reported that he has 
driven straight trucks for 23 years, accumulating 1.1 million miles, 
and tractor-trailer combinations for 10 years, accumulating 500,000 
miles. He holds a Class A CDL from Georgia. His driving record for the 
last 3 years shows no accidents or convictions for moving violations in 
a CMV.

28. James A. Welch

    Mr. Welch, 41, has amblyopia in his left eye. The visual acuity in 
his right eye is 20/20 and in the left, 20/200. Following an 
examination in 2002, his optometrist certified, ``Mr. Welch shows a 
good driving history for many years and has sufficient vision to 
operate a commercial vehicle.'' Mr. Welch reported that he has driven 
straight trucks for 21 years, accumulating 1.1 million miles, and 
tractor-trailer combinations for 2 years, accumulating 52,000 miles. He 
holds a Class A CDL from New Hampshire. 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, Mr. Welch's truck was struck in 
the rear while he was waiting to merge into traffic. Mr. Welch was not 
cited.

29. John M. Whetham

    Mr. Whetham, 58, was born with no vision in his right eye. The 
best-corrected visual acuity in his left eye is 20/20. Following an 
examination in 2003, his optometrist certified, ``In my opinion, from 
my examination and the visual fields, Mr. Whetham has sufficient vision 
to perform the driving tasks required for his commercial license.'' Mr. 
Whetham reported that he has driven straight trucks and tractor-trailer 
combinations for 32 years, accumulating 256,000 miles in the former and 
1.2 million miles in the latter. He holds a Class A CDL from Montana. 
His driving record for the last 3 years shows no accidents or 
convictions for moving violations in a CMV.

30. Michael E. Yount

    Mr. Yount, 46, lost his left eye due to an injury at age 17. His 
best-corrected visual acuity in the right eye is 20/20. Following an 
examination in 2003, his optometrist certified, ``It is my professional 
opinion that Mr. Yount is able to visually meet the demands of driving 
a commercial vehicle.'' Mr. Yount reported that he has driven straight 
trucks for 3 years, accumulating 75,000 miles, and tractor-trailer 
combinations for 20 years, accumulating 1.0 million miles. He holds a 
Class A CDL from Idaho. His driving record for the last 3 years shows 
no convictions for moving violations in a CMV.

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 petitions 
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: August 28, 2003.
Pamela M. Pelcovits,
Acting Associate Administrator, Policy and Program Development.
[FR Doc. 03-22567 Filed 9-4-03; 8:45 am]
BILLING CODE 4910-EX-P