[Federal Register Volume 68, Number 210 (Thursday, October 30, 2003)]
[Notices]
[Pages 61857-61860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27384]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2003-16241]


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 
24 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 December 1, 2003.

ADDRESSES: You may submit comments identified by any of the following

[[Page 61858]]

methods. Please identify your comments by the DOT DMS Docket Number 
FMCSA-2003-16241.
    [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 am and 5 
pm, 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 am and 5 pm, 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 24 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. Ronald G. Austin

    Mr. Austin, 55, has amblyopia in his right eye. His visual acuity 
in the right eye is 20/100 and in the left, 20/20. His ophthalmologist 
examined him in 2003 and certified, ``In my medical opinion, Mr. Ronald 
Austin has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Austin reported that he has driven 
straight trucks and tractor-trailer combinations for 17 years, 
accumulating 340,000 miles in the former and 85,000 miles in the 
latter. He holds a Class AM CDL from Alabama. His driving record for 
the last 3 years shows no accidents or convictions for moving 
violations in a CMV.

2. William E. Barrett

    Mr. Barrett, 70, has had macular degeneration in his left eye for 5 
years. His best-corrected visual acuity in the right eye is 20/25 and 
in the left, counting fingers. Following an examination in 2003, his 
ophthalmologist stated, ``Mr. Barrett has had a long-standing decrease 
in vision in the left eye. His right visual acuity as well as 
peripheral visual fields remain excellent. I feel that he can continue 
to perform his driving duties as in the past.'' Mr. Barrett reported 
that he has driven straight trucks and tractor-trailer combinations for 
49 years, accumulating 735,000 miles in the former and 245,000 miles in 
the latter. He holds a Class A CDL from Connecticut. His driving record 
for the last 3 years shows no accidents or convictions for moving 
violations in a CMV.

3. Eric D. Bennett

    Mr. Bennett, 40, has a chorioretinal scar in his left eye due to 
trauma in 1997. His best-corrected visual acuity in the right eye is 
20/20 and in the left, 20/80. His ophthalmologist examined him in 2003 
and stated, ``In my medical opinion, Mr. Bennett has sufficient vision 
to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Bennett submitted that he has driven straight trucks for 
4 years, accumulating 200,000 miles, and tractor-trailer combinations 
for 10 years, accumulating 900,000 miles. He holds a Class A CDL from 
New Hampshire. His driving record for the last 3 years shows no 
accidents or convictions for moving violations in a CMV.

4. Zack Bradford, Sr.

    Mr. Bradford, 48, is blind in his right eye due to trauma in 1993. 
His visual acuity in the left eye is 20/20. His optometrist examined 
him in 2002 and stated, ``Mr. Bradford has sufficient vision to drive a 
commercial vehicle.'' Mr. Bradford reported that he has driven straight 
trucks for 17 years, accumulating 238,000 miles. He holds a Class C 
driver's license from Georgia. His driving record for the last 3 years 
shows no accidents or convictions for moving violations in a CMV.

5. Rickey C. Dalton

    Mr. Dalton, 51, lost his left eye due to an accident that occurred 
in 1986. His best-corrected visual acuity in the right eye is 20/20. 
Following an examination in 2003, his optometrist certified, ``His 
right eye is sufficient to operate and perform driving tasks in a 
commercial vehicle.'' Mr. Dalton reported that he has driven tractor-
trailer combinations for 14 years, accumulating 1.8 million miles. He 
holds a Class A CDL from Utah. His driving record for the last 3 years 
shows no accidents or convictions for moving violations in a CMV.

6. Dustin G. Davis

    Mr. Davis, 26, has a macular scar in his right eye due to trauma in 
1995. His visual acuity in the right eye is 20/200 and in the left, 20/
15. Following an examination in 2003, his ophthalmologist certified, 
``In my opinion, despite Mr. Davis' visual acuity

[[Page 61859]]

in the right eye which is secondary to a macular scar and is a stable 
condition which should not progress over time, I feel that he has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Davis reported that he has driven straight 
trucks for 6 years, accumulating 180,000 miles, and tractor-trailer 
combinations for 4 years, accumulating 200,000 miles. He holds a Class 
A CDL from Wyoming. 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 12 mph.

7. John K. DeGolier

    Mr. DeGolier, 44, has amblyopia in his right eye. His best-
corrected visual acuity in the right eye is 20/200 and in the left, 20/
20. Following an examination in 2003, his ophthalmologist certified, 
``Because of his previous track record of having no problems with 
driving commercially and because of his full visual fields and good 
clarity of vision to his left eye, I think it would be reasonable for 
Mr. DeGolier to operate a commercial vehicle safely.'' Mr. DeGolier 
reported that he has driven straight trucks for 15 years, accumulating 
150,000 miles, and tractor-trailer combinations for 5 years, 
accumulating 75,000 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.

8. Martiano L. Espinosa

    Mr. Espinosa, 46, has amblyopia in his right eye. His best-
corrected visual acuity in the right eye is 20/200 and in the left, 20/
20. Following an examination in 2003, his optometrist certified, ``I 
feel that Mr. Espinosa has sufficient vision to perform his commercial 
driving tasks because he has good peripheral vision and good overall 
acuity in both eyes.'' Mr. Espinosa reported that he has driven 
straight trucks for 10 years, accumulating 336,000 miles. He holds a 
Class A CDL from Florida. His driving record for the last 3 years shows 
no accidents or convictions for moving violations in a CMV.

9. Roy M. Field

    Mr. Field, 62, has amblyopia in his left eye. His best-corrected 
visual acuity in the right eye is 20/15 and in the left, 20/70. 
Following an examination in 2003, his ophthalmologist certified, ``Mr. 
Field can safely operate a commercial vehicle with his glasses 
correction.'' Mr. Field reported that he has driven straight trucks for 
3 years, accumulating 139,000 miles, and tractor-trailer combinations 
for 34 years, accumulating 1.4 million miles. He holds a Class DM 
driver's license from Alabama. 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. Field was attempting to make a 
right turn when another driver passing on the right in a storage lane 
struck his vehicle. The other driver was cited for ``unsafe passing on 
right.'' Mr. Field was not cited.

10. Derek T. Ford

    Mr. Ford, 45, has amblyopia in his left eye. His best-corrected 
visual acuity in the right eye is 20/25 and in the left, 20/400. 
Following an examination in 2003, his ophthalmologist certified, ``By 
my medical testing and in my medical opinion, he has sufficient vision 
to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Ford reported that he has driven straight trucks for 26 
years, accumulating 1.5 million miles, and tractor-trailer combinations 
for 1 year, accumulating 45,000 miles. He holds a Class B CDL from 
Maryland. His driving record for the last 3 years shows no accidents or 
convictions for moving violations in a CMV.

11. James G. LaBair

    Mr. LaBair, 56, has counting fingers vision in his right eye due to 
an injury in November 1981. His best-corrected visual acuity in the 
left eye is 20/25. Following an examination in 2003, his optometrist 
certified, ``At this time with Mr. LaBair's current visual status, I 
feel that his vision is sufficient to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. LaBair reported that he 
has driven straight trucks for 1 year, accumulating 35,000 miles, and 
tractor-trailer combinations for 19 years, accumulating 1.9 million 
miles. He holds a Class A CDL from Michigan. His driving record for the 
last 3 years shows no accidents or convictions for moving violations in 
a CMV.

12. Dennis A. Leschke

    Mr. Leschke, 58, had a traumatic cataract removed from his left eye 
in 1956. His best-corrected visual acuity in the right eye is 20/20 and 
in the left, 20/50. Following an examination in 2003, his optometrist 
certified, ``In my medical opinion, this patient has sufficient vision 
to operate a commercial vehicle.'' Mr. Leschke reported that he has 
driven straight trucks for 40 years, accumulating 600,000 miles. He 
holds a Class D driver's license from Oklahoma. His driving record for 
the last 3 years shows no accidents or convictions for moving 
violations in a CMV.

13. Lonnie Lomax, Jr.

    Mr. Lomax, 31, has had a retinal scar in his right eye for 7 years. 
His best-corrected visual acuity in the right eye is 20/200 and in the 
left, 20/20. His optometrist examined him in 2003 and certified, ``In 
my opinion, Mr. Lomax has sufficient vision to operate a commercial 
vehicle.'' Mr. Lomax submitted that he has driven tractor-trailer 
combinations for 6 years, accumulating 48,000 miles. He holds a Class A 
CDL from Illinois. His driving record shows no accidents or convictions 
for moving violations in a CMV during the last 3 years.

14. Ernesto R. Martinez

    Mr. Martinez, 41, has a corneal scar secondary to an injury in the 
right eye at age 1. His visual acuity in the right eye is 20/80 and in 
the left, 20/20. Following an examination in 2003, his optometrist 
certified, ``In my medical opinion Mr. Martinez has sufficient vision 
to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Martinez reported that he has driven straight trucks for 
4 years, accumulating 275,000 miles, and tractor-trailer combinations 
for 2 years, accumulating 49,000 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.

15. Bennet G. Maruska

    Mr. Maruska, 50, lost the vision in his right eye due to an injury 
at age 15. His best-corrected visual acuity in the left eye is 20/20. 
His optometrist examined him in 2003 and certified, ``I believe that in 
review of revisions required to operate a commercial vehicle, Bennet's 
vision qualifies for sufficient vision to perform the driving tasks 
required for commercial driving.'' Mr. Maruska reported that he has 
driven tractor-trailer combinations for 16 years, accumulating 360,000 
miles. He holds a Class A CDL from Minnesota. His driving record for 
the last 3 years shows no accidents or convictions for moving 
violations in a CMV.

16. James T. McGinnis

    Mr. McGinnis, 40, has amblyopia in his left eye. His visual acuity 
in the right eye is 20/20 and in the left, 20/100. Following an 
examination in 2003, his optometrist stated, ``In my opinion, Mr. 
McGinnis has sufficient vision to perform the driving tasks to operate 
a

[[Page 61860]]

commercial vehicle.'' Mr. McGinnis submitted that he has driven 
straight trucks for 20 years, accumulating 150,000 miles, and tractor-
trailer combinations for 13 years, accumulating 1.2 million miles. He 
holds a Class A CDL from Texas. His driving record shows one accident 
and no convictions for moving violations in a CMV during the last 3 
years. According to the accident report, Mr. McGinnis was attempting to 
make a right turn when another driver also attempted to turn right by 
driving on the shoulder. The report indicated that the other driver 
contributed to the collision by ``turning improperly--wrong lane.'' Mr. 
McGinnis was not cited.

17. Gary L. Miller

    Mr. Miller, 61, has amblyopia in his left eye. His best-corrected 
visual acuity in the right eye is 20/30 and in the left, 20/60. 
Following an examination in 2003 his optometrist stated. ``Mr. Miller's 
driving experience and life-long visual adaptation make him quite 
capable of driving commercial vehicles safely.'' Mr. Miller submitted 
that he has driven straight trucks for 30 years, accumulating 750,000 
miles, and tractor-trailer combinations for 12 years, accumulating 
840,000 miles. He holds a Class A CDL from Kansas. His driving record 
for the last 3 years shows no accidents and one conviction for a moving 
violation--``failure to yield right of way to an emergency vehicle''--
in a CMV.

18. Jack D. Miller

    Mr. Miller, 46, has had a retinal and iridic coloboma in his left 
eye since birth. His best-corrected visual acuity in the right eye is 
20/20 and in the left, 20/200. His optometrist examined him in 2003 and 
certified, ``With an excellent driving history, stable visual condition 
and 20/20 potential, I do believe Jack Miller would be safe to drive a 
commercial vehicle.'' Mr. Miller reported that he has driven straight 
trucks for 10 years, accumulating 100,000 miles, and tractor-trailer 
combinations for 18 years, accumulating 1.6 million 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 19 mph.

19. Ezequiel M. Ramirez

    Mr. Ramirez, 45, lost his right eye due to trauma 20 years ago. His 
visual acuity in the left eye is 20/20. Following an examination in 
2003, his optometrist certified, ``In my medical opinion, Ezequiel, has 
sufficient vision in his left eye to perform the driving tasks required 
to operate a commercial vehicle, and has reported performing these 
driving tasks for the past five to ten years.'' Mr. Ramirez reported 
that he has driven tractor-trailer combinations for 5 years, 
accumulating 816,000 miles. He holds a Class A CDL from Texas. 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.

20. Carl W. Skinner, Jr.

    Mr. Skinner, 47, has had a macular scar in his left eye since 1997 
due to toxoplasmosis. His best-corrected visual acuity in the right eye 
is 20/20 and in the left, 20/400. Following an examination in 2003, his 
optometrist stated, ``Carl Skinner, in my opinion, has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Skinner submitted that he has driven straight trucks for 
15 years, accumulating 375,000 miles, and tractor-trailer combinations 
for 2 years, accumulating 30,000 miles. He holds a Class A CDL from 
Ohio. His driving record shows no accidents or convictions for moving 
violations in a CMV during the last 3 years.

21. Doyce J. Soriez

    Mr. Soriez, 70, experienced a retinal artery occlusion in his left 
eye in 1999. His best-corrected visual acuity is 20/20 in the right eye 
and 20/50 in the left. Following an examination in 2003, his 
ophthalmologist stated, ``In my opinion, Mr. Soriez has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Soriez reported that he has driven straight trucks for 1 
year, accumulating 20,000 miles, tractor-trailer combinations for 1 
year, accumulating 800 miles, and buses for 13 years, accumulating 
988,000 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.

22. Peter D. Wehner

    Mr. Wehner, 27, has amblyopia in his left eye. His best-corrected 
visual acuity in the right eye is 20/15 and in the left, 20/50. 
Following an examination in 2003, his optometrist certified, ``I see no 
indication from a visual standpoint that he would be unable to properly 
handle the visual tasks required in operating a commercial motor 
vehicle.'' Mr. Wehner reported that he has driven straight trucks for 4 
years, accumulating 160,000 miles. He holds a Class B CDL from 
Minnesota. His driving record for the last 3 years shows no accidents 
or convictions for moving violations in a CMV.

23. Howard W. Williams

    Mr. Williams, 54, has retinal scarring in his right eye due to 
trauma at age 2. His best-corrected visual acuity is 20/200 in the 
right eye and 20/20 in the left. His optometrist examined him in 2003 
and certified, ``In my opinion, Mr. Williams has sufficient vision to 
drive a commercial vehicle.'' Mr. Williams reported that he has driven 
buses for 21 years, accumulating 874,000 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.

24. Jack E. Wilson

    Mr. Wilson, 55, 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 2003, his ophthalmologist certified, ``It 
is my medical opinion that he currently has adequate vision to perform 
the visual tasks required pertaining to the operation of a commercial 
vehicle.'' Mr. Wilson reported that he has driven straight trucks for 
24 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 or 
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: October 24, 2003.
Pamela M. Pelcovits,
Office Director, Policy, Plans, and Regulations.
[FR Doc. 03-27384 Filed 10-29-03; 8:45 am]
BILLING CODE 4910-EX-P