[Federal Register Volume 68, Number 247 (Wednesday, December 24, 2003)]
[Notices]
[Pages 74699-74703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31752]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2003-16564]


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 January 23, 2004.

ADDRESSES: You may submit comments identified by DOT DMS Docket Number 
FMCSA-2003-16564 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,

[[Page 74700]]

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 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. Lee A. Burke

    Mr. Burke, age 46, has a corneal scar in his right eye due to a 
childhood injury. His best-corrected visual acuity in the right eye is 
20/70 and in the left, 20/15. Following an examination in 2003, his 
ophthalmologist certified, ``In summary, it is my medical opinion that 
Mr. Burke has very good vision with both eyes open. I have no concern 
about his abilities to safely operate a commercial vehicle.'' Mr. Burke 
reported that he has driven straight trucks for 28 years, accumulating 
112,000 miles. He holds a Class D driver's license from Wisconsin. His 
driving record for the last 3 years shows no crashes or convictions for 
moving violations in a CMV.

2. Barton C. Caldara

    Mr. Caldara, 37, has amblyopia in his right eye. His best-corrected 
visual acuity in the right eye is 20/150 and in the left, 20/20. His 
ophthalmologist examined him in 2003 and stated, ``I believe Mr. 
Caldara has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Caldara reported that he has driven 
tractor-trailer combinations for 13 years, accumulating 325,000 miles. 
He holds a Class ABCDM CDL from Wisconsin. His driving record for the 
last 3 years shows no crashes or convictions for moving violations in a 
CMV.

3. Terrance F. Case

    Mr. Case, 59, 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 optometrist stated, ``He has 
functioned normally all his life with this vision and in my 
professional opinion he has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Case submitted 
that he has driven straight trucks for 28 years, accumulating 308,000 
miles, and tractor-trailer combinations for 5 years, accumulating 
350,000 miles. He holds a Class A CDL from Maine. His driving record 
for the last 3 years shows no crashes or convictions for moving 
violations in a CMV.

4. Lawrence M. Daley

    Mr. Daley, 55, has had a central field defect in his left eye due 
to histoplasmosis since 1997. His best-corrected visual acuity in the 
right eye is 20/20 and in the left, 20/150. Following an examination in 
2003, his ophthalmologist certified, ``In light of Mr. Daley having 
operated a commercial vehicle safely for the last 6 years with this 
condition, I feel he has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Daley reported that he 
has driven straight trucks for 3 years, accumulating 150,000 miles, and 
tractor-trailer combinations for 30 years, accumulating 300,000 miles. 
He holds a Class D driver's license from South Carolina. His driving 
record for the last 3 years shows no crashes or convictions for moving 
violations in a CMV.

5. Allan Darley

    Mr. Darley, 44, has amblyopia in his left eye. His best-corrected 
visual acuity in the right eye is 20/20 and in the left, 20/125. 
Following an examination in 2003, his ophthalmologist stated, 
``According to findings of my examination, I feel that he would, 
therefore, qualify to have sufficient vision to perform his driving 
tasks as required for operating a commercial vehicle.'' Mr. Darley 
submitted that he has driven straight trucks for 23 years, accumulating 
460,000 miles, and tractor-trailer combinations for 18 years, 
accumulating 360,000 miles. He holds a Class A CDL from Utah. His 
driving record for the last 3 years shows no crashes or convictions for 
moving violations in a CMV.

6. Charley Davis

    Mr. Davis, 50, lost his left eye due to an injury 30 years ago. His 
visual acuity in the right eye is 20/20. Following an examination in 
2003, his optometrist certified, ``In my opinion, due to his excellent 
visual acuity, good peripheral vision, and many years of driving 
experience, he has sufficient vision for driving a commercial 
vehicle.'' Mr. Davis reported that he has driven tractor-trailer 
combinations for 29 years, accumulating 3.5 million miles. He

[[Page 74701]]

holds a Class A CDL from Oklahoma. His driving record for the last 3 
years shows no crashes or convictions for moving violations in a CMV.

7. Ray L. Emert

    Mr. Emert, 44, lost his left eye due to an injury in 1982. His 
visual acuity in the right eye is 20/20. Following an examination in 
2003, his optometrist certified, ``It is my opinion that Mr. Emert has 
sufficient and stable vision to perform any tasks needed to drive a 
commercial vehicle.'' Mr. Emert reported that he has driven straight 
trucks for 9 years, accumulating 765,000 miles, and tractor-trailer 
combinations for 8 years, accumulating 960,000 miles. He holds a Class 
AM CDL from Pennsylvania. His driving record for the last 3 years shows 
no crashes or convictions for moving violations in a CMV.

8. Robin S. England

    Mr. England, 40, is blind in his left eye due to an accident at age 
11. The visual acuity in his right eye is 20/20. His optometrist 
examined him in 2003 and certified, ``In my opinion, Mr. English has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. England submitted that he has driven straight 
trucks and tractor-trailer combinations for 23 years, accumulating 1.2 
million miles in the former and 2.9 million miles in the latter. He 
holds a Class A CDL from Georgia. His driving record for the last 3 
years shows no crashes or convictions for moving violations in a CMV.

9. Jessie W. Ford

    Mr. Ford, 58, has a corneal scar in his right eye due to trauma 42 
years ago. His visual acuity in the right eye is 20/200 and in the 
left, 20/20. His optometrist examined him in 2003 and certified, ``It 
is my medical opinion that Mr. Ford has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. Ford 
reported that he has driven straight trucks for 39 years, accumulating 
1.7 million miles, and tractor-trailer combinations for 29 years, 
accumulating 1.5 million miles. He holds a Class A CDL from Louisiana. 
His driving record shows no crashes or convictions for moving 
violations in a CMV during the last 3 years.

10. Richard Hailey, Jr.

    Mr. Hailey, 48, is blind in his right eye due to an injury at age 
9. His visual acuity in the left eye is 20/20. Following an examination 
in 2003, his ophthalmologist certified, ``In my opinion, Mr. Hailey has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Hailey reported that he has driven buses for 
6 years, accumulating 84,000 miles. He holds a Class D operator's 
license from the District of Columbia currently, but at the time of his 
application he held a Class B CDL, now expired. His driving record for 
the last 3 years shows no crashes or convictions for moving violations 
in a CMV.

11. Spencer N. Haugen

    Mr. Haugen, 55, has amblyopia in his right eye. The visual acuity 
in his right eye is 20/600 and in the left, 20/20. Following an 
examination in 2003, his optometrist stated, ``In my opinion, he has 
sufficient vision to perform required driving tasks and has sufficient 
vision to operate a commercial vehicle.'' Mr. Haugen submitted that he 
has driven straight trucks and tractor-trailer combinations for 35 
years, accumulating 280,000 miles in the former and 2.1 million miles 
in the latter. He holds a Class AM CDL from North Dakota. His driving 
record shows no crashes or convictions for moving violations in a CMV 
during the last 3 years.

12. Thomas R. Hedden

    Mr. Hedden, 49, lost his right eye due to an injury in 1956. His 
best-corrected visual acuity in the left eye is 20/20. Following an 
examination in 2003, his optometrist certified, ``I certify in my 
medical opinion, Mr. Hedden has adequate vision in his left eye to 
allow him to operate a commercial vehicle safely.'' Mr. Hedden reported 
that he has driven straight trucks and tractor-trailer combinations for 
30 years, accumulating 300,000 miles in each, and buses for 1 year, 
accumulating 500 miles. He holds a Class A CDL from Illinois. His 
driving record for the last 3 years shows no crashes or convictions for 
moving violations in a CMV.

13. William G. Hix

    Mr. Hix, 49, lost his left eye due to an injury in 1994. His visual 
acuity in the right eye is 20/15. His optometrist examined him in 2003 
and certified, ``In my opinion, Mr. Hix does have sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Hix reported that he has driven straight trucks for 25 years, 
accumulating 200,000 miles, and tractor-trailer combinations for 20 
years, accumulating 80,000 miles. He holds a Class A CDL from Arkansas. 
His driving record for the last 3 years shows no crashes or convictions 
for moving violations in a CMV.

14. Robert V. Hodges

    Mr. Hodges, 53, has amblyopia in his left eye. His visual acuity in 
the right eye is 20/20 and in the left, 20/800. His ophthalmologist 
examined him in 2003 and stated, ``To summarize, I certify that Mr. 
Hodges has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Hodges reported that he has driven 
straight trucks and tractor-trailer combinations for 32 years, 
accumulating 320,000 miles in the former and 1.3 million miles in the 
latter. He holds a Class A CDL from Illinois. His driving record shows 
no crashes or convictions for moving violations in a CMV during the 
last 3 years.

15. Jay W. Jarvis

    Mr. Jarvis, 53, has amblyopia in his left eye. The best-corrected 
visual acuity in his right eye is 20/20 and in the left, 20/100. His 
optometrist examined him in 2003 and stated, ``At this time Mr. Jarvis 
has sufficient distance and peripheral field of vision to perform the 
driving tasks that he has been performing during the past nine and a 
half years. Mr. Jarvis' driving record shows his ability to operate 
commercial vehicles without any contraindications.'' Mr. Jarvis 
reported that he has driven tractor-trailer combinations for 18 years, 
accumulating 1.8 million miles. He holds a Class A CDL from Florida. 
His driving record for the last 3 years shows no crashes or convictions 
for moving violations in a CMV.

16. George R. Knavel

    Mr. Knavel, 63, experienced a retinal detachment in his left eye at 
age 10. The visual acuity in his right eye is 20/15 and in the left, 
hand motion. His ophthalmologist examined him in 2003 and certified, 
``It is my medical opinion that he should be allowed to continue to 
drive commercially, and would request that you renew his operating 
license.'' Mr. Knavel reported that he has driven straight trucks for 3 
years, accumulating 75,000 miles, and tractor-trailer combinations for 
42 years, accumulating 4.6 million miles. He holds a Class A CDL from 
Utah. His driving record for the last 3 years shows no crashes or 
convictions for moving violations in a CMV.

17. John R. Knott, III

    Mr. Knott, 47, lost his right eye due to trauma at age 8. The 
visual acuity in his left eye is 20/20. Following an examination in 
2003 his ophthalmologist stated, ``I informed the patient that as long 
as he continues to turn his head to the right in order to

[[Page 74702]]

fully visualize objects to his right, that he should be able to 
continue to operate a commercial vehicle safely.'' Mr. Knott reported 
that he has driven tractor-trailer combinations for 21 years, 
accumulating 2.0 million miles. He holds a Class AM CDL from Maryland. 
His driving record for the last 3 years shows no crashes or convictions 
for moving violations in a CMV.

18. Duane R. Krug

    Mr. Krug, 59, has amblyopia in his left eye. His best-corrected 
visual acuity in the right eye is 20/20 and in the left, 20/80. 
Following an examination in 2003, his optometrist certified, ``I 
certify that, in my professional opinion, Mr. Krug has adequate vision 
to safely operate a commercial vehicle.'' Mr. Krug reported that he has 
driven straight trucks for 11 years, accumulating 275,000 miles. He 
holds a Class B CDL from Illinois. His driving record for the last 3 
years shows no crashes or convictions for moving violations in a CMV.

19. Eric M. Moats, Sr.

    Mr. Moats, 34, lost his left eye due to an injury 27 years ago. His 
visual acuity in the right eye is 20/15. Following an examination in 
2003, his ophthalmologist certified, ``I see no difficulty in having 
this patient operate a commercial vehicle, since he has sufficient 
vision, color vision, and visual field.'' Mr. Moats reported that he 
has driven straight trucks for 8 years, accumulating 260,000 miles. He 
holds a Class B CDL from Maryland. His driving record for the last 3 
years shows no crashes or convictions for moving violations in a CMV.

20. Lester T. Papke

    Mr. Papke, 61, 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 stated, ``In my 
opinion, this patient's vision is stable and does not restrict him in 
the operation of a commercial vehicle.'' Mr. Papke submitted that he 
has driven straight trucks for 20 years, accumulating 400,000 miles, 
and tractor-trailer combinations for 20 years, accumulating 1.0 million 
miles. He holds a Class A CDL from Montana. His driving record for the 
last 3 years shows no crashes or convictions for moving violations in a 
CMV.

21. Edward D. Pickle

    Mr. Pickle, 60, lost his left eye due to trauma at age 2. His best-
corrected visual acuity in the right eye is 20/15. His optometrist 
examined him in 2003 and stated, ``From his past record and considering 
our findings, I would conclude that Mr. Pickle has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Pickle reported that he has driven straight trucks for 10 years, 
accumulating 250,000 miles, and tractor-trailer combinations for 10 
years, accumulating 500,000 miles. He holds a Class AM CDL from 
Georgia. His driving record for the last 3 years shows no crashes or 
convictions for moving violations in a CMV.

22. Charles D. Pointer

    Mr. Pointer, 61, is blind in his left eye due to an injury at age 
2. His best-corrected visual acuity in the right eye is 20/20. 
Following an examination in 2003, his optometrist certified, ``Visual 
deficiency is stable and patient does have sufficient vision to perform 
driving tasks required for commercial vehicle.'' Mr. Pointer reported 
that he has driven straight trucks and tractor-trailer combinations for 
6 years, accumulating 30,000 miles in the former and 600 miles in the 
latter. He holds a Class A CDL from Georgia. His driving record for the 
last 3 years shows no crashes or convictions for moving violations in a 
CMV.

23. Richard A. Pruitt

    Mr. Pruitt, 46, 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 ophthalmologist certified, ``Our 
recommendation is that the patient should be able to drive a commercial 
vehicle well with use of glasses.'' Mr. Pruitt reported that he has 
driven tractor-trailer combinations for 18 years, accumulating 1.5 
million miles. He holds a Class A CDL from Virginia. His driving record 
for the last 3 years shows two crashes and no convictions for moving 
violations in a CMV. According to the police report for the first 
crash, another driver failed to stop before entering the roadway from a 
parking lot and struck Mr. Pruitt's vehicle. The other driver was cited 
for ``reckless driving.'' According to the police report for the second 
crash, Mr. Pruitt's vehicle struck a cow. Mr. Pruitt was not cited in 
either crash.

24. Kent S. Reining

    Mr. Reining, 30, has amblyopia in his right eye. His best-corrected 
visual acuity in the right eye is 20/100 and in the left, 20/15. 
Following an examination in 2003 his optometrist certified, ``In my 
medical opinion, Kent Reining has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Reining 
submitted that he has driven straight trucks for 10 years, accumulating 
35,000 miles, and tractor-trailer combinations for 13 years, 
accumulating 910,000 miles. He holds a Class A CDL from Illinois. His 
driving record for the last 3 years shows no crashes and two 
convictions for moving violations--speeding and ``failure to obey a 
traffic sign''--in a CMV. He exceeded the speed limit by 13 mph.

25. Bruce K. Robb

    Mr. Robb, 48, has amblyopia in his left eye. The visual acuity in 
his right eye is 20/20 and in the left, light perception. Following an 
examination in 2003 his optometrist certified, ``It is my medical 
opinion Mr. Robb has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Robb submitted that he 
has driven straight trucks for 8 years, accumulating 320,000 miles, and 
tractor-trailer combinations for 10 years, accumulating 900,000 miles. 
He holds a Class A CDL from South Dakota. His driving record shows no 
crashes or convictions for moving violations in a CMV during the last 3 
years.

26. James J. Rouse

    Mr. Rouse, 52, has amblyopia in his right eye. His best-corrected 
visual acuity in the right eye is counting fingers and in the left, 20/
20. His ophthalmologist examined him in 2003 and certified, ``In my 
medical opinion, he has sufficient vision to continue driving 
commercial vehicles.'' Mr. Rouse submitted that he has driven straight 
trucks for 32 years, accumulating 960,000 miles, tractor-trailer 
combinations for 4 years, accumulating 80,000 miles, and buses for 13 
years, accumulating 26,000 miles. He holds a Class A CDL from 
Pennsylvania. His driving record for the last 3 years shows no crashes 
or convictions for moving violations in a CMV.

27. Ronald D. Ulmer

    Mr. Ulmer, 56, has amblyopia in his right eye. His best-corrected 
visual acuity in the right eye is count fingers and in the left, 20/20. 
Following an examination in 2003, his optometrist certified, ``In my 
medical opinion, I do think that Ronald has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Ulmer reported that he has driven straight trucks for 12 years, 
accumulating 480,000 miles. He holds a Class B CDL from Montana. His 
driving record for the last 3 years shows no crashes or convictions for 
moving violations in a CMV.

[[Page 74703]]

28. Mitchell A. Webb

    Mr. Webb, 52, has amblyopia in his left eye. His best-corrected 
visual acuity in the right eye is 20/15 and in the left, 20/400. His 
optometrist examined him in 2003 and stated, ``In my opinion, Mr. Webb 
has sufficient vision to continue to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Webb reported that he has driven 
straight trucks for 30 years, accumulating 900,000 miles, and tractor-
trailer combinations for 20 years, accumulating 100,000 miles. He holds 
a Class A CDL from Virginia. His driving record for the past 3 years 
shows no crashes or convictions for moving violations in a CMV.

29. Jerry L. Wilder

    Mr. Wilder, 39, lost the vision in his right eye due to trauma in 
1984. The visual acuity in his left eye is 20/20. Following an 
examination in 2003 his ophthalmologist stated, ``It is clear that Mr. 
Wilder has normal vision in the left eye, and I see no reason why he 
cannot drive safely using the mirrors that are the standard operating 
equipment in a truck/vehicle cab. It is clear that Mr. Wilder has been 
driving safely commercially for several years, and I feel that he is 
well adapted to continue to do so.'' Mr. Wilder reported that he has 
driven straight trucks for 4 years, accumulating 376,000 miles, and 
tractor-trailer combinations for 11 years, accumulating 1.4 million 
miles. He holds a Class A CDL from California. His driving record for 
the last 3 years shows no crashes and one conviction for a moving 
violation --speeding-- in a CMV. He exceeded the speed limit by 10 mph.

Requests 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: December 12, 2003.
Rose A. McMurray,
Associate Administrator, Policy and Program Development.
[FR Doc. 03-31752 Filed 12-23-03; 8:45 am]
BILLING CODE 4910-EX-P