[Federal Register Volume 70, Number 10 (Friday, January 14, 2005)]
[Notices]
[Pages 2701-2704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-850]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2005-20027]


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 February 14, 2005.

ADDRESSES: You may submit comments identified by any of the following 
methods. Please identify your comments by the DOT DMS Docket Number 
FMCSA-2005-20027.
     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: Maggi Gunnels, Office of Bus and Truck 
Standards and Operations, (202) 366-4001, FMCSA, Department of 
Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001. 
Office hours are from 8 a.m. to 5 p.m., e.t., Monday through Friday, 
except Federal holidays.

SUPPLEMENTARY INFORMATION: 

[[Page 2702]]

    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. Eddie Alejandro

    Mr. Alejandro, age 26, has had vision loss in his right eye since 
childhood due to a coloboma of the iris. His best-corrected visual 
acuity in the right eye is finger counting and in the left, 20/20. 
Following an examination in 2004, his optometrist certified, ``Mr. 
Alejandro has been a commercial driver in the past with the same visual 
deficiency that he has now and had no problems. He is very aware of his 
`handicap' and knows that side view mirrors are a must for him and that 
he needs to be extra cautious because of the field loss to the right 
eye. I feel that Mr. Alejandro is capable of operating a commercial 
vehicle if the above mentioned cautions are taken.'' Mr. Alejandro 
submitted that he has driven straight trucks for 3 years, accumulating 
299,000 miles. He holds a Class B commercial driver's license (CDL) 
from Illinois. His driving record for the last 3 years shows no crashes 
or convictions for moving violations in a CMV.

2. Eldred S. Boggs

    Mr. Boggs, 52, has optic nerve atrophy in his right eye due to 
injury in 1976. His best-corrected visual acuity in the right eye is 
count fingers and in the left, 20/20. Following an examination in 2004, 
his ophthalmologist certified, ``It is my medical opinion that Mr. 
Boggs has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Boggs reported that he has driven 
straight trucks for 4 years, accumulating 80,000 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.

3. David F. Breuer

    Mr. Breuer, 54, has a history of central serous retinopathy in his 
right eye since 1989. His best-corrected visual acuity in the right eye 
is 20/100 and in the left, 20/20. Following an examination in 2004, his 
ophthalmologist noted, ``I would unequivocally state that Mr. Breuer is 
safe to drive a commercial vehicle.'' Mr. Breuer reported that he has 
driven straight trucks for 1 year, accumulating 25,000 miles, and 
tractor-trailer combinations for 30 years, accumulating 2.5 million 
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.

4. James T. Butler

    Mr. Butler, 50, has had glaucomatous damage in his left eye since 
2001. The visual acuity in his right eye is 20/20 and in the left, 
counting fingers. Following an examination in 2004, his ophthalmologist 
noted, ``Since patient has visual acuity of 20/20 and no known disease 
in the right eye, in my opinion this patient should qualify to perform 
commercial vehicle driving tasks.'' Mr. Butler reported that he has 
driven tractor-trailer combinations for 7 years, accumulating 700,000 
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.

5. Roger K. Cox

    Mr. Cox, 41, has a retinal scar in his right eye due to an injury 
30 years ago. His best-corrected visual acuity in the right eye is 20/
200 and in the left, 20/20. Following an examination in 2004, his 
ophthalmologist certified, ``In my opinion Mr. Roger K. Cox has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Cox submitted that he has driven straight 
trucks for 20 years, accumulating 200,000 miles. He holds a Class B CDL 
from New Jersey. His driving record for the last 3 years shows no 
crashes or convictions for moving violations in a CMV.

6. Richard S. Cummings

    Mr. Cummings, 47, lost the vision in his left eye due to an 
accident at age 8. The visual acuity in his right eye is 20/20, and in 
the left, light perception. His optometrist examined him in 2004 and 
stated, ``I feel that since this condition is long-standing and stable, 
Mr. Cummings should be able to perform the visual tasks needed to 
operate a commercial vehicle.'' Mr. Cummings submitted that he has 
driven straight trucks for 30 years, accumulating 825,000 miles, and 
tractor-trailer combinations for 28 years, accumulating 2.8 million 
miles. He holds a Class A CDL from Minnesota. His driving record for 
the last 3 years shows no crashes or convictions for moving violations 
in a CMV.

7. Joseph A. Dean

    Mr. Dean, 28, lost his left eye at the age of 8 due to trauma. His 
visual acuity in the right eye is 20/20. Following an examination in 
2004, his optometrist certified, ``In my opinion, the vision in his 
healthy right eye is sufficient to perform the driving tasks necessary 
to operate a commercial vehicle in a safe manner.'' Mr. Dean submitted 
that he has driven straight trucks and tractor-trailer combinations for 
2 years each, accumulating 60,000 miles in the former and 30,000 miles 
in the latter. 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.

8. Donald P. Dodson, Jr.

    Mr. Dodson, 46, has amblyopia in his right eye. His visual acuity 
in the right eye is 20/80 and in the left, 20/20. Following an 
examination in 2004, his ophthalmologist certified, ``His vision is 
sufficient to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Dodson submitted that he has driven straight 
trucks for 17 years, accumulating 37,000 miles. He holds a Class B CDL 
from West Virginia. His driving record for the last 3 years shows no 
crashes or convictions for moving violations in a CMV.

[[Page 2703]]

9. William H. Goss

    Mr. Goss, 30, has had a retinal scar in his right eye since birth. 
His visual acuity in the right eye is 20/400 and in the left, 20/20. 
Following an examination in 2004, his optometrist noted, ``This 
certifies that in my opinion the above named patient has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Goss submitted that he has driven straight trucks for 7 
years, accumulating 182,000 miles. 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.

10. Eric W. Gray

    Mr. Gray, 46, has a macular scar in his right eye due to injury 34 
years ago. The visual acuity in his right eye is count fingers and in 
the left, 20/15. His ophthalmologist examined him in 2004 and stated, 
``It is my medical opinion that Mr. Gray has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Gray reported that he has driven straight trucks for 10 years, 
accumulating 150,000 miles, and buses for 1 year, accumulating 20,000 
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.

11. James K. Holmes

    Mr. Holmes, 50, experienced a retinal detachment in his right eye 
in 1997. 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 that he has sufficient vision to drive a 
commercial vehicle.'' Mr. Holmes reported that he has driven straight 
trucks for 7 years, accumulating 140,000 miles, and tractor-trailer 
combinations for 25 years, accumulating 3.0 million 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.

12. Daniel L. Jacobs

    Mr. Jacobs, 47, has amblyopia in his left eye. The best-corrected 
visual acuity in his right eye is 20/20 and in the left, 20/70. His 
optometrist examined him in 2004 and certified, ``In my professional 
opinion, I feel that Daniel Jacobs has sufficient vision to perform the 
tasks required to operate a commercial vehicle.'' Mr. Jacobs reported 
that he has driven tractor-trailer combinations for 26 years, 
accumulating 2.6 million miles. He holds a Class A CDL from Arizona. 
His driving record for the last 3 years shows no crashes or convictions 
for moving violations in a CMV.

13. Jose M. Limon-Alvarado

    Mr. Limon-Alvarado, 35, has amblyopia 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, ``It 
is my opinion that Jose has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Limon-Alvarado 
reported that he has driven straight trucks for 10 years, accumulating 
102,000 miles, and tractor-trailer combinations for 5 years, 
accumulating 153,000 miles. He holds a Class A CDL from Washington. His 
driving record for the last 3 years shows no crashes or convictions for 
moving violations in a CMV.

14. Robert S. Loveless, Jr.

    Mr. Loveless, 36, has decreased vision in his left eye due to 
trauma 20 years ago. The visual acuity in his right eye is 20/20 and in 
the left, 20/200. His optometrist examined him in 2004 and certified, 
``It is my opinion that he has adequate vision to operate a commercial 
vehicle.'' Mr. Loveless reported that he has driven straight trucks for 
17 years, accumulating 216,000 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.

15. Eugene R. Lydick

    Mr. Lydick, 39, experienced a retinal detachment in his right eye 
in 1982. His best-corrected visual acuity in the right eye is finger 
counting and in the left, 20/25. Following an examination in 2004, his 
ophthalmologist certified, ``In my professional opinion, this patient 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Lydick reported that he has driven tractor-
trailer combinations for 4 years, accumulating 400,000 miles. He holds 
a Class AM CDL from Virginia. His driving record for the last 3 years 
shows no crashes or convictions for moving violations in a CMV.

16. John W. Montgomery

    Mr. Montgomery, 51, has a macular scar in his right eye due to 
injury 27 years ago. His visual acuity in the right eye is 20/200, and 
in the left, 20/25. Following an examination in 2004, his 
ophthalmologist certified, ``In my professional opinion, the patient 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Montgomery reported that he has driven 
straight trucks for 9 years, accumulating 270,000 miles, and tractor-
trailer combinations for 22 years, accumulating 1.1 million 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.

17. Danny R. Pickelsimer

    Mr. Pickelsimer, 26, has amblyopia in his right eye. The best-
corrected visual acuity in his right eye is light perception and in the 
left, 20/20. His optometrist examined him in 2004 and stated, ``In my 
medical opinion, Mr. Pickelsimer has sufficient vision to perform the 
driving tasks required to operate a commercial motor vehicle.'' Mr. 
Pickelsimer submitted that he has driven straight trucks for 7 years, 
accumulating 70,000 miles. He holds a Class D driver's license from 
Oklahoma. His driving record for the last 3 years shows no crashes or 
convictions for moving violations in a CMV.

18. Zeljko Popovac

    Mr. Popovac, 47, had a macular vision loss in his left eye in 1971 
due to an injury. The visual acuity in his right eye is 20/20 and in 
the left, 20/100. Following an examination in 2004, his optometrist 
stated, ``In my medical opinion, he has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Popovac reported that he has driven straight trucks for 3 years, 
accumulating 112,000 miles. He holds a Class A CDL from Vermont. His 
driving record for the last 3 years shows no crashes or convictions for 
moving violations in a CMV.

19. Juan Manuel M. Rosas

    Mr. Rosas, 32, had congenital cataracts removed from his right eye 
at age 3. The best-corrected visual acuity in his right eye is hand 
motion and in the left, 20/20. His optometrist examined him in 2004 and 
stated, ``This is to certify that Juan's condition is stable and that 
he has sufficient vision to operate a commercial vehicle.'' Mr. Rosas 
submitted that he has driven straight trucks and tractor-trailer 
combinations for 8 years, accumulating 280,000 miles in the former and 
400,000 miles in the latter. He holds a Class A CDL from Arizona. His 
driving record for the last 3 years shows no crashes or convictions for 
moving violations in a CMV.

20. Francis L. Savell

    Mr. Savell, 56, lost the vision in his left eye due to trauma in 
1979. His best-

[[Page 2704]]

corrected visual acuity in the right eye is 20/20. Following an 
examination in 2004, his ophthalmologist noted, ``In my opinion, Mr. 
Savell has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Savell reported that he has driven 
straight trucks for 20 years, accumulating 140,000 miles, and tractor-
trailer combinations for 1 year, accumulating 25,000 miles. He holds a 
Class D chauffeur's license from Louisiana. His driving record for the 
last 3 years shows no crashes or convictions for moving violations in a 
CMV.

21. Richie J. Schwendy

    Mr. Schwendy, 50, lost the central vision in his left eye due to an 
injury in 1970. The best-corrected visual acuity in his right eye is 
20/20. His optometrist examined him in 2004 and noted, ``In my opinion, 
Mr. Schwendy has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Schwendy reported that 
he has driven straight trucks for 12 years, accumulating 480,000 miles, 
and tractor-trailer combinations for 11 years, accumulating 550,000 
miles. He holds a Class AM CDL from Illinois. His driving record for 
the last 3 years shows no crashes or convictions for moving violations 
in a CMV.

22. David M. Stout

    Mr. Stout, 50, lost his right eye due to an accident at age 10. The 
best-corrected visual acuity in his left eye is 20/20. His optometrist 
examined him in 2004 and stated, ``In my medical opinion, David Stout 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Stout reported that he has driven straight 
trucks for 10 years, accumulating 1.0 million miles, and tractor 
trailer combinations for 18 years, accumulating 1.8 million 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.

23. Artis Suitt

    Mr. Suitt, 51, has reduced vision in his left eye due to an injury 
at age 10. The visual acuity in his right eye is 20/15 and in the left, 
20/400. His ophthalmologist examined him in 2004 and stated, ``In my 
opinion, he has sufficient vision to perform the driving tasks required 
to operate a commercial vehicle as he has done this for 20 years, and 
his vision has basically been unchanged during that time.'' Mr. Suitt 
submitted that he has driven straight trucks for 3 years, accumulating 
150,000 miles, and tractor-trailer combinations for 20 years, 
accumulating 2.1 million miles. He holds a Class A CDL from North 
Carolina. 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 15 mph.

24. Gregory E. Thompson

    Mr. Thompson, 41, has amblyopia in his right eye. The best-
corrected visual acuity in his right eye is 20/50 and in the left, 20/
20. His optometrist examined him in 2004 and certified, ``In my medical 
opinion, this patient has sufficient visual acuity to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Thompson 
submitted that he has driven tractor-trailer combinations for 11 years, 
accumulating 1.1 million miles. He holds a Class A CDL from Florida. 
His driving record for the last 3 years shows no crashes and one 
conviction for a moving violation--``failure to obey traffic sign''--in 
a CMV.

25. Kerry W. VanStory

    Mr. VanStory, 53, has amblyopia in his left eye. The best-corrected 
visual acuity in his right eye is 20/20 and in the left, 20/400. His 
optometrist examined him in 2004 and certified, ``Based upon his 
current findings, and his past examinations, it is my medical opinion 
that Mr. VanStory is completely capable to safely operate a commercial 
vehicle based upon his current visual status.'' Mr. VanStory reported 
that he has driven tractor-trailer combinations for 20 years, 
accumulating 900,000 miles. He holds a Class AMX CDL from Texas. His 
driving record for the last 3 years shows no crashes or convictions for 
moving violations in a CMV.

26. Harry S. Warren

    Mr. Warren, 34, has amblyopia in his right eye. The best-corrected 
visual acuity in his right eye is 20/150 and in the left, 20/20. 
Following an examination in 2004, his optometrist certified, ``In my 
medical opinion, Mr. Warren's vision is more than adequate for 
operating a commercial vehicle.'' Mr. Warren reported that he has 
driven straight trucks for 7 years, accumulating 700,000 miles, and 
tractor-trailer combinations for 11 years, accumulating 1.0 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.

27. Carl L. Wells

    Mr. Wells, 61, had his right eye surgically removed in 1987 due to 
choroidal melanoma. His best-corrected visual acuity in the left eye is 
20/20. Following an examination in 2004, his optometrist certified, ``I 
certify that Mr. Wells has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Wells reported 
that he has driven tractor-trailer combinations for 19 years, 
accumulating 2.4 million miles. He holds a Class A CDL from Washington. 
His driving record for the last 3 years shows no crashes or convictions 
for moving violations in a CMV.

28. Prince E. Williams

    Mr. Williams, 66, has a macular scar in his left eye due to an 
infection 30 years ago. His visual acuity in the right eye is 20/20 and 
in the left, 20/400. Following an examination in 2004, his 
ophthalmologist certified, ``It is in my opinion that Mr. Williams has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Williams reported that he has driven straight 
trucks for 20 years, accumulating 1.9 million miles. He holds a Class B 
CDL from Georgia. His driving record for the last 3 years shows no 
crashes or convictions for moving violations in a CMV.

29. Keith L. Wraight

    Mr. Wraight, 57, has amblyopia in his left eye. The visual acuity 
in his right eye is 20/15 and in the left, 20/400. His optometrist 
examined him in 2004 and stated, ``Patient has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Wraight submitted that he has driven straight trucks for 25 years, 
accumulating 625,000 miles, and tractor-trailer combinations for 18 
years, accumulating 720,000 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.

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: January 10, 2005.
Rose A. McMurray,
Associate Administrator, Policy and Program Development.
[FR Doc. 05-850 Filed 1-13-05; 8:45 am]
BILLING CODE 4910-EX-P