[Federal Register Volume 69, Number 169 (Wednesday, September 1, 2004)]
[Notices]
[Pages 53493-53497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19914]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2004-18885]


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 October 1, 2004.

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

[[Page 53494]]

methods. Please identify your comments by the DOT DMS Docket Number 
FMCSA-2003-18885.
     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 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 8 a.m. to 5:30 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 two-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 
two-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. Paul G. Albrecht

    Mr. Albrecht, age 33, 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 2004, his ophthalmologist noted, ``In 
my medical opinion, I feel that he has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Albrecht 
reported that he has driven straight trucks for seven years, 
accumulating 280,000 miles, and tractor-trailer combinations for two 
years, accumulating 22,000 miles. He holds a Class A commercial 
driver's license (CDL) from Wisconsin. His driving record for the last 
three years shows one crash and no convictions for moving violations in 
a CMV. Mr. Albrecht's vehicle was struck in the rear while he was 
stopped in traffic. Mr. Albrecht was not cited.

2. David W. Brown

    Mr. Brown, 40, had a hemorrhage in his right eye in 2000. His 
visual acuity in the right eye is 20/200 and in the left, 20/20. 
Following an examination in 2003, his ophthalmologist certified, ``It 
is my medical opinion that Mr. Brown has sufficient vision to perform 
the driving tasks that are required to operate a commercial vehicle.'' 
Mr. Brown submitted that he has driven straight trucks and tractor-
trailer combinations for 19 years, accumulating 190,000 miles in the 
former and 855,000 miles in the latter. He holds a Class A CDL from 
Tennessee. His driving record for the last three years shows no crashes 
or convictions for moving violations in a CMV.

3. David J. Caldwell

    Mr. Caldwell, 38, 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 2004, his optometrist stated, ``In my 
medical opinion, David Caldwell has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Caldwell 
reported that he has driven tractor-trailer combinations for 12 years, 
accumulating 168,000 miles. He holds a Class A CDL from New York. His 
driving record for the last three years shows no crashes or convictions 
for moving violations in a CMV.

4. Walden V. Clarke

    Mr. Clarke, 62, has had macular degeneration in his right eye for 
ten years. His best-corrected visual acuity in the right eye is 20/100 
and in the left, 20/25. Following an examination in 2004, his 
optometrist certified, ``In my medical opinion, Mr. Clarke has 
sufficient functional visual acuity and peripheral vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Clarke reported that he has driven straight trucks for 25 years, 
accumulating 625,000 miles. He holds a Class A CDL from Florida. His 
driving record for the last three years shows no crashes or convictions 
for moving violations in a CMV.

5. Donald O. Clopton

    Mr. Clopton, 47, has reduced vision in his right eye due to 
congenital toxoplasmosis. His best-corrected visual acuity in the right 
eye is 20/225 and in the left, 20/16. His optometrist examined him in 
2004 and stated, ``In my medical opinion, Mr. Clopton has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Clopton submitted that he has driven tractor-trailer 
combinations for 20 years, accumulating 1.3 million miles. He holds a 
Class AM CDL from Alabama. His driving record for the last three years 
shows one crash and one conviction for a moving violation--speeding--in 
a CMV. According to the police report for the crash, the other driver 
involved stated he had tried to avoid a vehicle that entered his lane, 
forcing him to collide with Mr.

[[Page 53495]]

Clopton's vehicle. Neither driver was cited. The violation for speeding 
occurred at another time, when Mr. Clopton exceeded the speed limit by 
10 mph.

6. Awilda S. Colon

    Ms. Colon, 52, has a corneal scar in her left eye due to a 
childhood injury. Her best-corrected visual acuity in the right eye is 
20/20 and in the left, 20/60. Following an examination in 2004 her 
optometrist stated, ``After careful examination and talking with her I 
feel she has adequate vision to operate a commercial vehicle.'' Ms. 
Colon submitted that she has driven buses for 11 years, accumulating 
77,000 miles. She holds a Class B CDL from Tennessee. Her driving 
record for the last three years shows no crashes or convictions for 
moving violations in a CMV.

7. Richard B. Eckert

    Mr. Eckert, 43, has been legally blind in his right eye for four 
years due to myopic degeneration. The visual acuity in his left eye is 
20/30. His optometrist examined him in 2004 and stated, ``In my 
opinion, Richard does have sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Eckert reported 
that he has driven straight trucks for 21 years, accumulating 1.1 
million miles. He holds a Class A CDL from New York. His driving record 
for the last three years shows no crashes or convictions for moving 
violations in a CMV.

8. Charles B. Edwards

    Mr. Edwards, 69, 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 noted, ``I hereby 
certify Charles Edwards to be visually able to safely operate a 
commercial motor vehicle.'' Mr. Edwards reported that he has driven 
straight trucks for three years, accumulating 150,000 miles, and 
tractor-trailer combinations for 30 years, accumulating 3.4 million 
miles. He holds a Class DA CDL from Kentucky. His driving record for 
the last three years shows no crashes or convictions for moving 
violations in a CMV.

9. Zane G. Harvey, Jr.

    Mr. Harvey, 44, lost his right eye ten years ago due to trauma. His 
visual acuity in the left eye is 20/20. Following an examination in 
2003, his optometrist certified, ``In my opinion, Mr. Harvey has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Harvey reported that he has driven tractor-
trailer combinations for 18 years, accumulating 450,000 miles. He holds 
a Class A CDL from Virginia. His driving record for the last three 
years shows no crashes or convictions for moving violations in a CMV.

10. Robert T. Hill

    Mr. Hill, 42, 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 2004, his optometrist certified, ``It is my 
opinion that this patient has sufficient vision to perform and continue 
the driving tasks required to operate a commercial vehicle even though 
the right eye is slightly less than the full 20/40 presently 
required.'' Mr. Hill reported that he has driven straight trucks for 
nine years, accumulating 936,000 miles, and tractor-trailer 
combinations for 15 years, accumulating 2.6 million miles. He holds a 
Class DM driver's license from Alabama, but at the time of his 
application he held a Class A CDL. His driving record for the last 
three years shows no crashes or convictions for moving violations in a 
CMV.

11. Dale E. Johnson

    Mr. Johnson, 40, has a congenital central field loss in his right 
eye. His best-corrected visual acuity in the right eye is 20/400 and in 
the left, 20/20. Following an examination in 2004, his optometrist 
certified, ``In my medical opinion, I certify that Dale E. Johnson has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Johnson reported that he has driven straight 
trucks for 16 years, accumulating 576,000 miles. He holds a Class C CDL 
from Georgia. His driving record for the last three years shows no 
crashes or convictions for moving violations in a CMV.

12. Jimmy D. Johnson II

    Mr. Johnson, 32, has amblyopia in his right eye. His best-corrected 
visual acuity in the right eye is 20/200 and in the left, 20/20. His 
optometrist examined him in 2004 and stated, ``In my medical opinion, 
Mr. Johnson does have sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Johnson reported that 
he has driven straight trucks for seven years, accumulating 262,000 
miles, and tractor-trailer combinations for three years, accumulating 
150,000 miles. He holds a Class AM CDL from Tennessee. His driving 
record for the last three years shows no crashes or convictions for 
moving violations in a CMV.

13. Jeffrey M. Keyser

    Mr. Keyser, 51, has had reduced vision in his right eye since 1987 
due to histoplasmosis. His visual acuity in the right eye is 20/200 and 
in the left, 20/15. His optometrist examined him in 2004 and stated, 
``It is my medical opinion that he has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Keyser 
submitted that he has driven tractor-trailer combinations for 18 years, 
accumulating 2.1 million miles. He holds a Class A CDL from Ohio. His 
driving record for the last three years shows no crashes and two 
convictions for moving violations--speeding--in a CMV. He exceeded the 
speed limit by 12 mph in one instance and 13 mph in the other.

14. Donnie A. Kildow

    Mr. Kildow, 51, has amblyopia in his right eye. His best-corrected 
visual acuity in the right eye is 20/200 and in the left, 20/20. His 
ophthalmologist examined him in 2004 and certified, ``He has a history 
of amblyopia as a child in his right eye, but it is my opinion that 
this will not hinder his ability to drive a commercial vehicle.'' Mr. 
Kildow submitted that he has driven straight trucks for ten years, 
accumulating 100,000 miles, and tractor-trailer combinations for 21 
years, accumulating 837,000 miles. He holds a Class A CDL from Idaho. 
His driving record for the last three years shows no crashes or 
convictions for moving violations in a CMV.

15. Carl M. McIntire

    Mr. McIntire, 52, has amblyopia in his right eye. His best-
corrected visual acuity in the right eye is 20/70 and in the left, 20/
20. Following an examination in 2004, his optometrist certified, 
``Because Mr. McIntire has 20/20 vision in his better eye with 
corrective lenses, in my medical opinion, he has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. McIntire reported that he has driven tractor-trailer combinations 
for 34 years, accumulating 4.4 million miles. He holds a Class A CDL 
from Missouri. His driving record for the last three years shows no 
crashes or convictions for moving violations in a CMV.

16. John C. McLaughlin

    Mr. McLaughlin, 40, has amblyopia in his left eye. His best-
corrected visual acuity in the right eye is 20/15 and in the left, 20/
200. Following an

[[Page 53496]]

examination in 2004, his optometrist noted, ``In my opinion his vision 
is sufficient for driving a commercial vehicle.'' Mr. McLaughlin 
submitted that he has driven straight trucks for 14 years, accumulating 
560,000 miles, and tractor-trailer combinations for nine years, 
accumulating 576,000 miles. He holds a Class A CDL from South Dakota. 
His driving record for the last three years shows no crashes or 
convictions for moving violations in a CMV.

17. Daniel A. McNabb

    Mr. McNabb, 49, has amblyopia in his right eye. His best-corrected 
visual acuity in the right eye is 20/70 and in the left, 20/15. 
Following an examination in 2003, his optometrist stated, ``In my 
opinion, Mr. McNabb has sufficient vision to safely drive a commercial 
vehicle.'' Mr. McNabb reported that he has driven tractor-trailer 
combinations for 28 years, accumulating 2.8 million miles. He holds a 
Class A CDL from Kansas. His driving record shows no crashes or 
convictions for moving violations in a CMV during the last three years.

18. David G. Meyers

    Mr. Meyers, 32, has amblyopia in his right eye. His best-corrected 
visual acuity in the right eye is 20/70 and in the left, 20/20. 
Following an examination in 2004, his optometrist certified, ``I 
believe Mr. Meyers does have sufficient vision to operate a commercial 
vehicle.'' Mr. Meyers reported that he has driven straight trucks for 
seven years, accumulating 73,000 miles, and buses for six years, 
accumulating 285,000 miles. He holds a Class C CDL from New York. His 
driving record for the last three years shows no crashes or convictions 
for moving violations in a CMV.

19. Thomas L. Oglesby

    Mr. Oglesby, 56, has amblyopia in his right eye. His best-corrected 
visual acuity in the right eye is 20/80 and in the left, 20/20. 
Following an examination in 2004, his ophthalmologist noted ``I can 
certify in my medical opinion that Mr. Oglesby has the required vision 
to perform his commercial vehicle tasks.'' Mr. Oglesby reported that he 
has driven straight trucks for 30 years, accumulating 2.4 million 
miles. He holds a Class AM CDL from Georgia. His driving record for the 
last three years shows no crashes and two convictions for moving 
violations in a CMV. He exceeded the speed limit by 16 mph in one 
instance and failed to obey a traffic sign in the other.

20. Michael J. Paul

    Mr. Paul, 45, 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 2004, his optometrist noted, ``In my 
medical opinion, Mr. Paul has sufficient vision to operate a commercial 
vehicle.'' Mr. Paul reported that he has driven straight trucks for 
eight years, accumulating 752,000 miles. He holds a Class D Chauffeur's 
license from Louisiana. His driving record for the last three years 
shows no crashes or convictions for moving violations in a CMV.

21. Russell A. Payne

    Mr. Payne, 54, lost the vision in his right eye 37 years ago due to 
trauma. His best-corrected visual acuity in the left eye is 20/20. 
Following an examination in 2004, his ophthalmologist certified, ``The 
visual acuity that you have, combined with your visual field testing, 
is adequate for driving commercial vehicles.'' Mr. Payne reported that 
he has driven straight trucks for 37 years, accumulating 2.2 million 
miles, and tractor-trailer combinations for ten years, accumulating 
300,000 miles. He holds a Class CA CDL from Michigan. His driving 
record for the last three years shows no crashes or convictions for 
moving violations in a CMV.

22. Rodney M. Pegg

    Mr. Pegg, 31, lost his left eye 23 years ago due to trauma. His 
visual acuity in the right eye is 20/20. Following an examination in 
2004, his ophthalmologist certified, ``In my medical opinion, Rodney 
Pegg has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Pegg submitted that he has driven 
straight trucks for four years, accumulating 31,000 miles. He holds a 
Class B CDL from Pennsylvania. His driving record for the last three 
years shows no crashes or convictions for moving violations in a CMV.

23. Raymond E. Peterson

    Mr. Peterson, 53, 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 2004, his ophthalmologist certified, ``It 
is my opinion that he has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Peterson reported 
that he has driven tractor-trailer combinations for 35 years, 
accumulating 1.7 million miles. He holds a Class A CDL from Minnesota. 
His driving record for the last three years shows no crashes or 
convictions for moving violations in a CMV.

24. Zbigniew P. Pietranik

    Mr. Pietranik, 35, has amblyopia in his right eye. His best-
corrected visual acuity in the right eye is 20/150 and in the left, 20/
20. Following an examination in 2003, his ophthalmologist stated, ``In 
my opinion, he has sufficient vision to drive a commercial vehicle.'' 
Mr. Pietranik reported that he has driven tractor-trailer combinations 
for nine years, accumulating 1.0 million miles. He holds a Class A CDL 
from New Jersey. His driving record for the last three years shows no 
crashes or convictions for moving violations in a CMV.

25. Dennis E. Pinkston

    Mr. Pinkston, 62, has had a macular scar in his left eye for 44 
years. His best-corrected visual acuity in the right eye is 20/20 and 
in the left, 20/200. Following an examination in 2004, his optometrist 
certified, ``In my opinion, Mr. Pinkston's vision is sufficient to 
perform driving tasks required to operate a commercial vehicle.'' Mr. 
Pinkston submitted that he has driven tractor-trailer combinations for 
30 years, accumulating 3.7 million miles. He holds a driver's license 
from Indiana, but at the time of his application, he held a Class A 
CDL. His driving record shows no crashes or convictions for moving 
violations in a CMV during the last three years.

26. John C. Rodriquez

    Mr. Rodriguez, 38, has hand motion only vision in his right eye due 
to corneal opacity. The visual acuity in his left eye is 20/20. His 
ophthalmologist examined him in 2004 and stated, ``In my opinion, he 
has sufficient vision to perform the driving tasks to operate a 
commercial vehicle.'' Mr. Rodriguez reported that he has driven 
straight trucks for four years, accumulating 73,000 miles. He holds a 
Class D driver's license from New Jersey. His driving record for the 
last three years shows no crashes or convictions for moving violations 
in a CMV.

27. Robert B. Schmidt

    Mr. Schmidt, 68, has been blind in his left eye since 1991 due to 
an injury. His best-corrected visual acuity in the right eye is 20/15. 
Following an examination in 2004, his optometrist certified, ``In my 
professional opinion, Robert has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Schmidt 
reported that he has driven straight trucks for 18 years, accumulating 
198,000 miles. He holds a Class B CDL from Iowa. His driving record for 
the last three years shows no

[[Page 53497]]

crashes or convictions for moving violations in a CMV.

28. Wesley L. Schoonover

    Mr. Schoonover, 66, has amblyopia in his left eye. His best-
corrected visual acuity in the right eye is 20/25 and in the left, 20/
150. Following an examination in 2004, his ophthalmologist certified, 
``In my medical opinion, the patient has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Schoonover reported that he has driven straight trucks for 34 years, 
accumulating 680,000 miles. He holds a driver's license from Colorado, 
but at the time of his application he held a Class B CDL. His driving 
record for the last three years shows no crashes or convictions for 
moving violations in a CMV.

29. Charles E. Wood

    Mr. Wood, 61, has had a choroidal scar in his right eye since 1954. 
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, ``I find Mr. Wood to have sufficient vision to operate a 
commercial vehicle.'' Mr. Wood reported that he has driven straight 
trucks for 16 years, accumulating 320,000 miles. He holds a Class B CDL 
from Iowa. His driving record for the last three 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: August 26, 2004.
Rose A. McMurray,
Associate Administrator, Policy and Program Development.
[FR Doc. 04-19914 Filed 8-31-04; 8:45 am]
BILLING CODE 4910-EX-P