[Federal Register Volume 69, Number 116 (Thursday, June 17, 2004)]
[Notices]
[Pages 33997-34000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13719]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2004-17984]


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 July 19, 2004.

ADDRESSES: You may submit comments identified by any of the following 
methods. Please identify your comments by the DOT DMS Docket Number 
FMCSA-2004-17984.
     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 am 
and 5 pm, 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 am and 5 pm, Monday through Friday, except 
Federal Holidays.

FOR FURTHER INFORMATION CONTACT: Ms. Teresa Doggett, Office of Bus and 
Truck Standards and Operations, (202) 366-2990, 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 mandated by the statute.

Qualifications of Applicants

1. Robert L. Aurandt

    Mr. Aurandt, 51, has amblyopia in his right eye. His visual acuity 
in the right eye is 20/100 and in the left, 20/20. Following an 
examination in 2004, his ophthalmologist certified, ``As far as I can 
see, there is no evidence on his examination or driving record to 
suggest that he should not be able to continue commercial driving.'' 
Mr. Aurandt reported that he has driven straight trucks for 5 years, 
accumulating 73,500 miles, and tractor-trailer combinations for 8 
years, accumulating 1.1 million miles. He holds a Class AM CDL from 
Pennsylvania. His driving record for the last 3 years shows no crashes 
and two convictions for speeding in a CMV. He exceeded the speed limit 
by 16 mph in one instance and 10 mph in the other.

[[Page 33998]]

2. Harry R. Brewer

    Mr. Brewer, 40, has a macular scar in his left eye due to trauma 20 
years ago. His best-corrected visual acuity in the right eye is 20/20 
and in the left, 20/80. Following an examination in 2004, his 
optometrist certified, ``Although Mr. Brewer has a central defect in 
his left eye, it is important to bear in mind that he has overlapping 
visual fields from his right eye. His vision is limited in the left 
eye, but I do not feel that it will affect his ability to drive a 
commercial vehicle.'' Mr. Brewer reported that he has driven tractor-
trailer combinations for 8 years, accumulating 640,000 miles. He holds 
a Class A CDL from Tennessee. His driving record for the last 3 years 
shows no crashes or convictions for moving violations in a CMV.

3. Wilford F. Christian

    Mr. Christian, 65, has had macular degeneration in his left eye 
since 1996. His best-corrected visual acuity in the right eye is 20/20 
and in the left, 20/400. Following an examination in 2004, his 
ophthalmologist certified, ``Because of the stability of Mr. 
Christian's condition, the absence of ocular pathology in the right 
eye, full visual fields in each eye, and normal functioning central 
vision with both eyes when binocular in the distance, I do not see 
anything that should limit his ability to operate a commercial 
vehicle.'' Mr. Christian reported that he has driven tractor-trailer 
combinations for 14 years, accumulating 1.4 million miles. He holds a 
driver's license from Virginia, but at the time of his application he 
held a Class A 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.

4. Timothy A. DeFrange

    Mr. DeFrange, 35, has had reduced vision in his right eye since age 
12 due to trauma. His visual acuity in the right eye is 20/1600 and in 
the left, 20/20. Following an examination in 2004, his optometrist 
certified, ``It is my professional opinion that Mr. DeFrange has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. DeFrange submitted that he has driven 
straight trucks and tractor-trailer combinations for 6 years, 
accumulating 6,000 miles in the former and 600,000 miles in the latter. 
He holds a Class A CDL from Texas. His driving record for the last 3 
years shows no crashes or convictions for moving violations in a CMV.

5. Terry G. Dickson, Sr.

    Mr. Dickson, 53, has amblyopia in his right eye. The best-corrected 
visual acuity in his right eye is 20/1000 and in the left, 20/20. 
Following an examination in 2003, his optometrist stated, ``I certify 
in my medical opinion that Mr. Dickson has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Dickson reported that he has driven tractor-trailer combinations for 32 
years, accumulating 3.3 million miles. He holds a Class A CDL from 
Ohio. His driving record shows no crashes and one conviction for a 
moving violation--speeding--in a CMV. He exceeded the speed limit by 10 
mph.

6. Clarence N. Florey, Jr.

    Mr. Florey, 42, 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 2004, his ophthalmologist certified, ``In my medical 
opinion, Mr. Florey has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Florey submitted that 
he has driven straight trucks for 16 years, accumulating 100,000 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.

7. Bobby C. Floyd

    Mr. Floyd, 45, has amblyopia in his right eye. The best-corrected 
visual acuity in his right eye is 20/200 and in the left, 20/20. 
Following an examination in 2003, his optometrist stated, ``It is my 
medical opinion that Mr. Floyd has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Floyd 
reported that he has driven tractor-trailer combinations for 23 years, 
accumulating 2.8 million miles. He holds a Class A CDL from Tennessee. 
His driving record shows no crashes or convictions for moving 
violations in a CMV during the last 3 years.

8. Steve H. Garrison

    Mr. Garrison, 40, lost his left eye 16 years ago due to trauma. His 
visual acuity in the right eye is 20/10. Following an examination in 
2003, his ophthalmologist certified, ``He has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Garrison reported that he has driven tractor-trailer combinations 
for 20 years, accumulating 260,000 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.

9. Ronald A. Gentry

    Mr. Gentry, 44, lost his right eye due to trauma at age 14. The 
visual acuity in his left eye is 20/20. Following an examination in 
2004, his optometrist stated, ``I am hereby certifying that Ronald has 
sufficient vision to continue driving a commercial vehicle both in 
state and out of state.'' Mr. Gentry submitted that he has driven 
tractor-trailer combinations for 5 years, accumulating 230,000 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.

10. Scott D. Goalder

    Mr. Goalder, 43, lost his right eye due to trauma in 1978. The 
visual acuity in his left eye is 20/20. Following an examination in 
2003, his optometrist certified, ``It is my medical opinion that he has 
the necessary vision that is compatible with being licensed to drive a 
commercial vehicle.'' Mr. Goalder submitted that he has driven straight 
trucks for 4 years, accumulating 220,000 miles, and tractor-trailer 
combinations for 20 years, accumulating 2.8 million miles. He holds a 
Class A CDL from Missouri. His driving record for the last 3 years 
shows no crashes and one conviction for a moving violation--``traffic 
turn/signal violation''--in a CMV.

11. Raymond P. Gonzales

    Mr. Gonzales, 45, has retinal scarring in his right eye due to 
trauma in 1976. The best-corrected visual acuity in his right eye is 
20/200 and in the left, 20/20. His optometrist examined him in 2004 and 
stated, ``In my opinion, Mr. Gonzales has sufficient vision to safely 
operate a commercial vehicle.'' Mr. Gonzales reported that he has 
driven buses for 25 years, accumulating 625,000 miles. He holds a Class 
B CDL from New Mexico. His driving record for the last 3 years shows no 
crashes or convictions for moving violations in a CMV.

12. David M. Hagadorn

    Mr. Hagadorn, 37, has amblyopia in his left eye. The visual acuity 
in his right eye is 20/20 and in the left, 20/100. His optometrist 
examined him in 2003 and stated, ``It is my professional opinion that 
Mr. Hagadorn has sufficient vision and peripheral vision to operate a 
commercial vehicle.'' Mr. Hagadorn reported that he has driven straight 
trucks for 7 years, accumulating 210,000 miles. He holds a Class D 
driver's license from New Jersey. His driving record for the last 3 
years shows

[[Page 33999]]

no crashes or convictions for moving violations in a CMV.

13. Donald R. Hiltz

    Mr. Hiltz, 62, has amblyopia in his left eye. His best-corrected 
visual acuity in the right eye is 20/25 and in the left, 20/50. 
Following an examination in 2003, his ophthalmologist certified, ``In 
my medical opinion, Mr. Hiltz has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Hiltz 
reported that he has driven straight trucks for 43 years, accumulating 
860,000 miles, and tractor-trailer combinations for 31 years, 
accumulating 310,000 miles. He holds a Class AM CDL from Massachusetts. 
His driving record for the last 3 years shows no crashes or convictions 
for moving violations in a CMV.

14. James L. Hooks

    Mr. Hooks, 43, 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 optometrist certified, ``I feel 
he has sufficient visual performance to operate a commercial vehicle.'' 
Mr. Hooks reported that he has driven straight trucks for 5 years, 
accumulating 225,000 miles. He holds a Class R driver's license from 
Colorado. His driving record for the last 3 years shows no crashes or 
convictions for moving violations in a CMV.

15. Francisco J. Jimenez

    Mr. Jimenez, 45, has amblyopia in his right eye. His best-corrected 
visual acuity in the right eye is counting fingers and in the left, 20/
20. Following an examination in 2004, his optometrist certified, ``I 
see no reason for restricting Mr. Jimenez's commercial license except 
that he should wear glasses when he is driving.'' Mr. Jimenez reported 
that he has driven straight trucks for 6 years, accumulating 198,000 
miles. He holds a Class A CDL from Texas. His driving record for the 
last 3 years shows no crashes or convictions for moving violations in a 
CMV.

16. Kelly R. Konesky

    Mr. Konesky, 46, 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, ``His 
driving abilities continue to demonstrate an excellent safety record, 
with no medical reason to restrict his driving a commercial vehicle.'' 
Mr. Konesky reported that he has driven tractor-trailer combinations 
for 23 years, accumulating 2.3 million 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.

17. Gregory T. Lingard

    Mr. Lingard, 56, has had keratoconus in his right eye since he was 
a teenager. The visual acuity in his right eye is 20/100 and in the 
left, 20/20. His ophthalmologist examined him in 2004 and stated, ``In 
my medical opinion, Mr. Lingard has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Lingard 
reported that he has driven straight trucks for 4 years, accumulating 
120,000 miles, and tractor-trailer combinations for 35 years, 
accumulating 3.5 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.

18. Hollis J. Martin

    Mr. Martin, 43, has amblyopia in his right eye due to a childhood 
injury. The visual acuity in his right eye is 20/400 and in the left, 
20/20. His optometrist examined him in 2003 and certified, ``In my 
medical opinion, Mr. Martin has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Martin 
submitted that he has driven straight trucks for 11 years, accumulating 
200,000 miles, and tractor-trailer combinations for 6 years, 
accumulating 73,000 miles. He holds a Class A CDL from Alabama. His 
driving record for the last 3 years shows no crashes or convictions for 
moving violations in a CMV.

19. Truman J. Mathis

    Mr. Mathis, 64, has amblyopia in his left eye. The best-corrected 
visual acuity in his right eye is 20/20 and in the left, 20/200. His 
optometrist examined him in 2003 and certified, ``Mr. Mathis has 
adequate visual skills for commercial vehicle driving.'' Mr. Mathis 
reported that he has driven tractor-trailer combinations for 17 years, 
accumulating 1.9 million miles. He holds a Class A CDL from the State 
of Washington. His driving record shows no crashes or convictions for 
moving violations in a CMV during the last 3 years.

20. Robert E. Moore

    Mr. Moore, 45, lost vision in his right eye as a child due to 
congenital glaucoma. His visual acuity in the left eye is 20/20. 
Following an examination in 2003, his optometrist certified, ``In my 
medical opinion Mr. Moore has sufficient vision to perform driving 
tasks required to operate a commercial vehicle.'' Mr. Moore reported 
that he has driven straight trucks for 15 years, accumulating 150,000 
miles. He holds a Class BM CDL from Alabama. His driving record for the 
last 3 years shows no crashes or convictions for moving violations in a 
CMV.

21. Kevin C. Palmer

    Mr. Palmer, 43, has amblyopia in his left eye. His best-corrected 
visual acuity in the right eye is 20/15 and in the left, 20/80. 
Following an examination in 2004, his ophthalmologist certified, ``In 
my opinion, Mr. Palmer's condition is stable and he has sufficient 
visual acuity and visual field to perform the driving tasks required of 
him to operate a commercial vehicle.'' Mr. Palmer reported that he has 
driven tractor-trailer combinations for 16 years, accumulating 400,000 
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.

22. Charles O. Rhodes

    Mr. Rhodes, 35, has glaucoma in his left eye, secondary to trauma 
at age 10. The visual acuity in his right eye is 20/20 and in the left, 
light perception. Following an examination in 2003, his ophthalmologist 
stated, ``This certifies that in my medical opinion, Mr. Charles O. 
Rhodes has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Rhodes reported that he has driven 
straight trucks for 3 years, accumulating 60,000 miles. He holds a 
Class D driver's license from Florida. 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 25 mph.

23. Einar H. Rice

    Mr. Rice, 47, has amblyopia in his right eye. The best-corrected 
visual acuity in his right eye is 20/60 and in the left, 20/20. His 
optometrist examined him in 2003 and stated, ``In my medical opinion, 
Mr. Rice has sufficient vision to perform the necessary tasks to 
operate a commercial vehicle.'' Mr. Rice submitted that he has driven 
straight trucks for 6 years, accumulating 120,000 miles, and buses for 
17 years, accumulating 425,000 miles. He holds a Class BM CDL from 
Nevada. His driving record for the last 3 years shows no crashes or 
convictions for moving violations in a CMV.

24. Gordon G. Roth

    Mr. Roth, 47, has amblyopia in his left eye. The best-corrected 
visual acuity in his right eye is 20/20 and in the left, 20/60. His 
ophthalmologist examined him in 2003 and stated, ``It is my opinion

[[Page 34000]]

that the patient has sufficient vision to perform driving tasks 
required to operate a commercial vehicle.'' Mr. Roth submitted that he 
has driven straight trucks for 20 years; accumulating 200,000 miles, 
tractor-trailer combinations for 4 years, accumulating 100,000 miles, 
and buses for 6 years, accumulating 48,000 miles. He holds a Class A 
CDL from Kansas. His driving record for the last 3 years shows no 
crashes or convictions for moving violations in a CMV.

25. Manuel Sanchez

    Mr. Sanchez, 44, has finger counting vision in his left eye due to 
an injury at the age of 8. The best-corrected visual acuity in his 
right eye is 20/20. Following an examination in 2004, his optometrist 
certified, ``In my medical opinion, Mr. Sanchez has sufficient vision 
to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Sanchez reported that he has driven straight trucks and 
tractor-trailer combinations for 5 years, accumulating 685,000 miles in 
each. He holds a Class A CDL from Texas. His driving record for the 
last 3 years shows no crashes or convictions for moving violations in a 
CMV.

26. Chris H. Schultz

    Mr. Schultz, 45, has had a cataract in his right eye for 41 years. 
His best-corrected visual acuity in the right eye is 20/400 and in the 
left, 20/20. Following an examination in 2004, his optometrist 
certified, ``In my professional opinion, I feel that Chris has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Schultz reported that he has driven vehicles 
requiring placarding for hazardous materials for 4 years, accumulating 
168,000 miles. He holds a Class C CDL from Utah. His driving record for 
the last 3 years shows no crashes or convictions for moving violations 
in a CMV.

27. Halman Smith

    Mr. Smith, 46, lost the vision in his left eye due to trauma 10 
years ago. The visual acuity in his right eye is 20/20. His 
ophthalmologist examined him in 2004 and stated, ``I certify that Mr. 
Halman Smith has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Smith reported that he 
has driven straight trucks for 15 years, accumulating 375,000 miles. He 
holds a Class B CDL from Delaware. His driving record for the last 3 
years shows no crashes or convictions for moving violations in a CMV.

28. Norman K. Stepleton

    Mr. Stepleton, 71, 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 ophthalmologist certified, ``My opinion is 
that you are visually capable of safely operating a commercial 
vehicle.'' Mr. Stepleton reported that he has driven straight trucks 
for 52 years, accumulating 1.5 million miles. He holds a Class B CDL 
from Iowa. His driving record for the last 3 years shows no crashes or 
convictions for moving violations in a CMV.

29. LaLanne Taylor

    Mr. Taylor, 55, has amblyopia in his left eye. His best-corrected 
visual acuity in the right eye is 20/25 and in the left, 20/100. 
Following an examination in 2003, his optometrist certified, ``I do 
believe he has necessary vision to operate a commercial vehicle as he 
has done for many years.'' Mr. Taylor reported that he has driven 
straight trucks for 8 years, accumulating 440,000 miles. He holds a 
Class D driver's license from Ohio. His driving record for the last 3 
years shows one crash and no convictions for moving violations in a 
CMV. According to the police report, another driver sideswiped Mr. 
Taylor's vehicle while changing lanes. The other driver was cited for 
``change course.'' Mr. Taylor was not cited.

30. James A. Walker

    Mr. Walker, 47, 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 2004, his optometrist noted that Mr. Walker 
has ``sufficient vision to perform commercial vehicle driving tasks.'' 
Mr. Walker reported that he has driven straight trucks for 25 years, 
accumulating 125,000 miles, and tractor-trailer combinations for 7 
years, accumulating 910,000 miles. He holds a Class A CDL from 
Missouri. His driving record for the last 3 years shows no crashes 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: June 7, 2004.
Rose A. McMurray,
Associate Administrator, Policy and Program Development.
[FR Doc. 04-13719 Filed 6-16-04; 8:45 am]
BILLING CODE 4910-EX-P