[Federal Register Volume 69, Number 63 (Thursday, April 1, 2004)]
[Notices]
[Pages 17263-17267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7243]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2004-17195]


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 3, 2004.

ADDRESSES: You may submit comments identified by any of the following 
methods. Please identify your comments by the DOT DMS Docket Number 
FMCSA-2003-17195.
     Web site: http://dms.dot.gov. Follow the 
instructions for submitting comments on the DOT electronic docket site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility; U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
Room PL-401, Washington, DC 20590-0001.
     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.
     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

[[Page 17264]]

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 mandated by the statute.

Qualifications of Applicants

1. Manuel A. Almeida

    Mr. Almeida, age 56, underwent surgery for a retinal detachment in 
his left eye in 2000. The best-corrected visual acuity in his right eye 
is 20/20 and in the left, 20/400. His optometrist examined him in 2003 
and certified, ``In my opinion, Mr. Almeida has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Almeida submitted that he has driven tractor-trailer combinations 
for 35 years, accumulating 2.6 million miles. He holds a Class A 
commercial driver's license (CDL) from Massachusetts. His driving 
record for the last 3 years shows no accidents or convictions for 
moving violations in a CMV.

2. James C. Askin

    Mr. Askin, 32, has amblyopia in his right eye. The visual acuity in 
his right eye is 20/400 and in the left, 20/20. His optometrist 
examined him in 2003 and stated, ``It is my opinion that James C. Askin 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Askin reported that he has driven straight 
trucks for 2 years, accumulating 120,000 miles, and tractor-trailer 
combinations for 11 years, accumulating 1.5 million miles. He holds a 
Class A CDL from Florida. 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.

3. Paul J. Bannon

    Mr. Bannon, 39, experienced a retinal detachment in his right eye 
in 1981. 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, ``The critical issue is that Mr. Bannon has 
sufficient peripheral vision to operate a commercial vehicle. His best-
corrected vision using both eyes is 20/20. This is also sufficient in 
the tasks required to operate a commercial vehicle.'' Mr. Bannon 
submitted that he has driven straight trucks and tractor-trailer 
combinations for 18 years, accumulating 540,000 miles in the former and 
180,000 miles in the latter. He holds a Class A CDL from Delaware. His 
driving record for the last 3 years shows no crashes or convictions for 
moving violations in a CMV.

4. Ernie E. Black

    Mr. Black, 39, 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, ``In my 
medical opinion, he has more than ample vision to operate a commercial 
vehicle.'' Mr. Black reported that he has driven straight trucks for 9 
years, accumulating 270,000 miles. He holds a Class C driver's license 
from North Carolina. His driving record for the last 3 years shows no 
crashes or convictions for moving violations in a CMV.

5. Gary O. Brady

    Mr. Brady, 39, 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 certified, ``My 
medical opinion is that Gary O. Brady has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. Brady 
reported that he has driven straight trucks for 5 years, accumulating 
350,000 miles, and tractor-trailer combinations for 8 years, 
accumulating 600,000 miles. He holds a Class A CDL from West Virginia. 
His driving record for the last 3 years shows no accidents or 
convictions for moving violations in a CMV.

6. Michael C. Branham

    Mr. Branham, 47, has amblyopia in his right eye. His visual acuity 
in the right eye is 20/400 and in the left, 20/20. Following an 
examination in 2003, his optometrist certified, ``My medical opinion is 
that he has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle without glasses.'' Mr. Branham reported 
that he has driven tractor-trailer combinations for 24 years, 
accumulating 3.0 million miles. He holds a Class DM driver's license 
from South Carolina currently, but at the time of his application he 
held a Class AM CDL, now expired. 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 9 mph.

7. Stephen H. Goldcamp

    Mr. Goldcamp, 49, 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 
optometrist examined him in 2003 and noted he has ``sufficient vision 
to perform driving tasks required to operate a commercial vehicle.'' 
Mr. Goldcamp reported that he has driven straight trucks for 8 years, 
accumulating 272,000 miles, and tractor-trailer combinations for 16 
years, accumulating 576,000 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.

8. Steven F. Grass

    Mr. Grass, 34, lost the vision 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, ``Mr. 
Grass is very well adapted to using only the vision in his right eye. I 
believe that there is no reason for him to not be able to operate a 
commercial vehicle safely.'' Mr. Grass reported that he has driven 
tractor-trailer combinations for 10 years, accumulating 453,000 miles. 
He holds a

[[Page 17265]]

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

9. Donald E. Hathaway

    Mr. Hathaway, 51, has amblyopia in his left eye. His best-corrected 
visual acuity in the right eye is 20/20 and in the left, 20/70. 
Following an examination in 2003, his optometrist certified, ``It is my 
opinion that, with spectacle correction, Donald Hathaway has sufficient 
vision to perform the required tasks to operate a commercial vehicle.'' 
Mr. Hathaway reported that he has driven straight trucks for 12 years, 
accumulating 420,000 miles, and tractor-trailer combinations for 18 
years, accumulating 1.6 million miles. He holds a Class A CDL from 
California. His driving record for the last 3 years shows no crashes or 
convictions for moving violations in a CMV.

10. Michael S. Johannsen

    Mr. Johannsen, 44, lost the vision in his left eye in 2000 due to 
injury. The visual acuity in his right eye is 20/15. Following an 
examination in 2003 his opththalmologist stated, ``I believe that Mr. 
Johannsen has sufficient vision to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Johannsen reported that he has 
driven straight trucks for 9 years, accumulating 207,000 miles. He 
holds a Class A CDL from Iowa. His driving record for the last 3 years 
shows no accidents or convictions for moving violations in a CMV.

11. Mearl C. Kennedy

    Mr. Kennedy, 49, 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 ophthalmologist certified, ``In 
my medical opinion, Mearl (Ken) Kennedy has sufficient vision to 
perform the task of operating a commercial vehicle.'' Mr. Kennedy 
reported that he has driven straight trucks for 32 years, accumulating 
480,000 miles. He holds a Class A CDL from Ohio. His driving record for 
the last 3 years shows no crashes or convictions for moving violations 
in a CMV.

12. Wai Fung King

    Mr. King, 36, has amblyopia in his right eye. His best-corrected 
visual acuity in the right eye is 20/50 and in the left, 20/20. His 
ophthalmologist examined him in 2003 and noted, ``Patient has 
sufficient vision to operate a commercial vehicle.'' Mr. King submitted 
that he has driven straight trucks for 9 years, accumulating 252,000 
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.

13. Christopher J. Meerten

    Mr. Meerten, 27, has a congenital cataract in his right eye. His 
visual acuity in the right eye is counting fingers and in the left, 20/
15. Following an examination in 2003, his optometrist certified, ``I 
believe he has sufficient vision to perform driving tasks required to 
operate a commercial vehicle.'' Mr. Meerten reported that he has driven 
tractor-trailer combinations for 5 years, accumulating 20,000 miles. He 
holds a Class A CDL from Oregon. His driving record for the last 3 
years shows no crashes or convictions for moving violations in a CMV.

14. William J. Miller

    Mr. Miller, 55, 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 
ophthalmologist examined him in 2003 and certified, ``It is my medical 
opinion that Mr. Miller is as safe driving as someone with a much 
milder amblyopia. As such, I would urge that he be given a driver's 
license with the only restriction being the wearing of corrective 
lenses.'' Mr. Miller reported that he has driven tractor-trailer 
combinations for 10 years, accumulating 1.0 million 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.

15. Robert J. Mohorter

    Mr. Mohorter, 46, has a corneal scar and aphakia in his right eye 
due to an injury at age 8. His visual acuity in the right eye is light 
perception only and in the left, 20/20. Following an examination in 
2003, his optometrist certified, ``In my professional opinion, due to 
his excellent acuity and his full field of vision, Robert Mohorter has 
sufficient visual abilities to operate a commercial vehicle.'' Mr. 
Mohorter reported that he has driven tractor-trailer combinations for 
20 years, accumulating 3.0 million miles. He holds a Class AM CDL from 
New York. His driving record for the last 3 years shows no crashes or 
convictions for moving violations in a CMV.

16. James A. Mohr

    Mr. Mohr, 59, lost his left eye due to an injury in 1954. His best-
corrected visual acuity in the right eye is 20/20. Following an 
examination in 2003, his ophthalmologist certified, ``It is my opinion 
that he has vision adequate enough to be certified as a commercial 
driver.'' Mr. Mohr reported that he has driven straight trucks for 5 
years accumulating 100,000 miles, and tractor-trailer combinations for 
20 years, accumulating 2.0 million miles. He holds a Class A CDL from 
Montana. 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 18 mph.

17. Charles R. Murphy

    Mr. Murphy, 53, has a retinal scar in his left eye due to injury 30 
years ago. His best-corrected visual acuity in the right eye is 20/20 
and in the left, 20/400. His optometrist examined him in 2003 and 
stated, ``It is my medical opinion that this scar has been there for 
many years and that he has sufficient vision to perform the tasks to 
drive a commercial vehicle.'' Mr. Murphy submitted that he has driven 
tractor-trailer combinations for 30 years, accumulating 3.6 million 
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--``failure to obey traffic sign''--in a CMV.

18. Lacy L. Patterson

    Mr. Patterson, 65, has amblyopia in his left eye. His best-
corrected visual acuity in the right eye is 20/15 and in the left, 20/
60. Following an examination in 2003, his optometrist certified, ``In 
my medical opinion, Lacy Lavarn Patterson has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Patterson reported that he has driven tractor-trailer combinations 
for 42 years, accumulating 4.2 million miles. He holds a Class A CDL 
from North Carolina. His driving record for the last 3 years shows no 
crashes or convictions for moving violations in a CMV.

19. Roderick F. Peterson

    Mr. Peterson, 33, lost the vision in his left eye due to trauma in 
childhood. The visual acuity in his right eye is 20/15. His 
ophthalmologist examined him in 2003 and stated, ``I believe Mr. 
Peterson, in light of the fact that this was a childhood trauma, has 
developed excellent coping skills and should be able to drive 
commercial vehicles safely.'' Mr. Peterson reported that he has driven 
straight trucks for 13 years, accumulating 390,000 miles. He holds a 
Class B CDL from Georgia. His driving record for the last 3 years shows 
no accidents or convictions for moving violations in a CMV.

[[Page 17266]]

20. Stephen P. Preslopsky

    Mr. Preslopsky, 48, has had decreased vision in his left eye for 10 
years due to injury. His best-corrected visual acuity in the right eye 
is 20/20 and in the left, counting fingers. Following an examination in 
2003, his ophthalmologist certified, ``It is my opinion that Mr. 
Preslopsky's vision is sufficient to operate a commercial vehicle, 
however, this is only from a medical standpoint since I do not know 
what is actually required to perform this task.'' Mr. Preslopsky 
reported that he has driven straight trucks for 8 years, accumulating 
220,000 miles, and tractor-trailer combinations for 15 years, 
accumulating 715,000 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.

21. Timothy J. Sands

    Mr. Sands, 41, experienced nerve damage in his left eye due to an 
injury at age 14. His best-corrected visual acuity in the right eye is 
20/20 and in the left, 20/400. His ophthalmologist examined in 2003 and 
stated, ``It is my medical opinion that Mr. Sands does possess adequate 
vision, and that he does have sufficient visual field function in his 
injured eye and normal right eye to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Sands reported that he has 
driven straight trucks for 12 years, accumulating 186,000 miles, and 
tractor-tractor combinations for 2 years, accumulating 82,000 miles. He 
holds a Class A CDL from Alaska. His driving record for the last 3 
years shows no accidents or convictions for moving violations in a CMV.

22. Donald W. Sidwell

    Mr. Sidwell, 66, experienced a retinal detachment in his right eye 
in 1989. 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, ``In my medical opinion, Mr. Sidwell has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Sidwell reported that he has driven straight 
trucks for 35 years, accumulating 350,000 miles, and tractor-trailer 
combinations for 14 years, accumulating 1.1 million 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.

23. David M. Smith

    Mr. Smith, 35, has amblyopia in his left eye. His visual acuity in 
the right eye is 20/20 and in the left, 20/200. Following an 
examination in 2003, his optometrist certified, ``I feel he would have 
sufficient vision to safely operate a commercial vehicle.'' Mr. Smith 
reported that he has driven tractor-trailer combinations for 4 years, 
accumulating 240,000 miles. He holds a Class AM CDL from Illinois. 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 20 mph.

24. Jose M. Suarez

    Mr. Suarez, 41, underwent laser treatment for a macular scar in his 
right eye in 1998. His best-corrected visual acuity in the right eye is 
20/50 and in the left, 20/15. Following an examination in 2003, his 
ophthalmologist certified, ``In my medical opinion he has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Suarez reported that he has driven tractor-trailer 
combinations for 9 years, accumulating 450,000 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.

25. Robert L. Swartz, Jr.

    Mr. Swartz, 56, 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, ``I find 
no visual problems with Mr. Swartz driving a commercial vehicle.'' Mr. 
Swartz reported that he has driven straight trucks for 26 years, 
accumulating 338,000 miles. He holds a Class B CDL from Ohio. 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.

26. Elmer Kevin Thomas

    Mr. Thomas, 40, has had reduced vision in his left eye for 3 years 
due to histoplasmosis. His best-corrected visual acuity in the right 
eye is 20/20 and in the left, only peripheral light perception. His 
optometrist examined him in 2003 and noted, ``Kevin's daily performance 
and his good peripheral field results lead me to believe Kevin's vision 
is sufficient to operate a commercial vehicle.'' Mr. Thomas reported 
that he has driven straight trucks and tractor-trailer combinations for 
9 years, accumulating 234,000 miles in the former and 900,000 miles in 
the latter. 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.

27. Robert L. Vaughn

    Mr. Vaughn, 70, 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, ``It is 
my medical opinion that the patient has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Vaughn submitted that he has driven tractor-trailer combinations for 30 
years, accumulating 3.4 million miles. He holds a Class A CDL from 
South Dakota. 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.

28. Richard G. Wendt

    Mr. Wendt, 47, has amblyopia in his right eye. His visual acuity in 
the right eye is 20/200 and in the left, 20/20. Following an 
examination in 2003, his optometrist certified, ``Mr. Wendt's vision 
remains unchanged since the first time I examined him August 6, 2001, 
and he retains visual function sufficient to operate a commercial 
vehicle.'' Mr. Wendt reported that he has driven straight trucks for 23 
years, accumulating 690,000 miles. He holds a Class B CDL from 
Mississippi. His driving record for the last 3 years shows no crashes 
or convictions for moving violations in a CMV.

29. Richard A. Yeager

    Mr. Yeager, 55, 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 
optometrist examined him in 2003 and stated, ``My medical opinion is 
Richard Yeager has sufficient vision to perform driving tasks that are 
required to drive a commercial vehicle.'' Mr. Yeager submitted that he 
has driven tractor-trailer combinations for 14 years, accumulating 1.8 
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.


[[Page 17267]]


    Issued on: March 25, 2004.
Rose A. McMurray,
Associate Administrator for Policy and Program Development.
[FR Doc. 04-7243 Filed 3-31-04; 8:45 am]
BILLING CODE 4910-EX-P