[Federal Register Volume 70, Number 103 (Tuesday, May 31, 2005)]
[Notices]
[Pages 30999-31002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10692]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2005-21254]


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.

-----------------------------------------------------------------------

SUMMARY: This notice publishes the FMCSA's receipt of applications from 
24 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 June 30, 2005.

ADDRESSES: You may submit comments identified by any of the following 
methods. Please identify your comments by the DOT DMS Docket Number 
FMCSA-2005-21254.
     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,

[[Page 31000]]

400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    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: Dr. Mary D. 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:
    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 24 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. Linda L. Billings

    Ms. Billings, age 51, has a congenital coloboma of her left eye. 
Her best-corrected visual acuity in the right eye is 20/20 and in the 
left, 20/400. Following an examination in 2005, her ophthalmologist 
certified, ``In my opinion, her condition is stable; if she has been 
operating a commercial vehicle safely in the past, there is no reason 
ophthalmologically why she cannot continue to do so.'' Ms. Billings 
submitted that she has driven straight trucks for 3 years, accumulating 
75,000 miles, and tractor-trailer combinations for less than 1 year, 
accumulating 12,000 miles. She holds a Class A commercial driver's 
license (CDL) from Nevada. Her driving record for the last 3 years 
shows no crashes or convictions for moving violations in a CMV.

2. George L. Cannon

    Mr. Cannon, 75, 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 2004, his optometrist certified, ``On the basis of my 
findings, it is my opinion that present vision is adequate for safe 
driving.'' Mr. Cannon submitted that he has driven straight trucks for 
50 years, accumulating 5.5 million miles. He holds a Class A CDL from 
Mississippi. His driving record for the last 3 years shows no crashes 
or convictions for moving violations in a CMV.

3. Anthony Ciancone, Jr.

    Mr. Ciancone, 47, 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 optometrist noted, ``Mr. 
Ciancone has been driving commercially for over 25 years. He has 
sufficient vision to perform the driving tasks required.'' Mr. Ciancone 
reported that he has driven straight trucks for 2 years, accumulating 
10,000 miles, and tractor-trailer combinations for 25 years, 
accumulating 262,000 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.

4. Andrew B. Clayton

    Mr. Clayton, 27, has a macular scar in his right eye due to trauma 
in 1998. The visual acuity in his right eye is 20/200 and in the left, 
20/25. Following an examination in 2004, his optometrist stated, ``I 
hereby certify that it is my professional opinion that Andrew Clayton 
has a sufficient level of vision to safely operate a motor vehicle and 
safely perform the duties required using a commercial driver's 
license.'' Mr. Clayton reported that he has driven straight trucks for 
7 years, accumulating 140,000 miles, and tractor-trailer combinations 
for 6 years, accumulating 154,000 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.

5. Kenneth D. Daniels

    Mr. Daniels, 47, experienced optic neuropathy in his right eye 4 
years ago. The visual acuity in his right eye is 20/200 and in the 
left, 20/30. His ophthalmologist examined him in 2004 and certified, 
``Based on my entire examination of Mr. Daniels, my medical opinion is 
that he has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Daniels reported that he has driven 
straight trucks for 10 years, accumulating 295,000 miles, and tractor-
trailer combinations for 14 years, accumulating 490,000 miles. He holds 
a Class A CDL from Pennsylvania. His driving record for the last 3 
years shows no crashes or convictions for moving violations in a CMV.

6. Jerry A. Davidson

    Mr. Davidson, 60, has had a macular scar in right eye since he was 
15 years old. His best-corrected visual acuity in the right eye is 
light perception and in the left, 20/20. Following an examination in 
2004, his optometrist noted, ``Mr. Davidson has driven a commercial 
vehicle safely for many years and I feel his vision is sufficient to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Davidson submitted that he has driven tractor-trailer combinations 
for 37 years, accumulating 4.0 million miles. He holds a Class C 
driver's license from North Carolina, but at the time of his 
application he held a Class A CDL. His driving record for the last 3 
years shows no crashes or convictions for moving violations in a CMV.

[[Page 31001]]

7. Richard D. Espey, Jr.

    Mr. Espey, 29, 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 that ``in 
his medical opinion, Mr. Richard Donald Espey, Jr. has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Espey submitted that he has driven straight trucks for 7 
years, accumulating 385,000 miles. He holds a Class C driver's license 
from Maryland, but at the time of his application he held a Class B 
CDL. His driving record for the last 3 years shows no crashes or 
convictions for moving violations in a CMV.

8. Allen R. Fasen

    Mr. Fasen, 59, has a congenital optic nerve hypoplasia of the left 
eye. The best-corrected visual acuity in his right eye is 20/15 and in 
the left, 20/400. His ophthalmologist examined him in 2004 and noted, 
``I believe Mr. Allen Fasen, based on these results and his excellent 
driving history, has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Fasen submitted that he 
has driven straight trucks for 33 years, accumulating 1.3 million 
miles, and tractor-trailer combinations for 10 years, accumulating 
400,000 miles. He holds a Class A CDL from the State of Washington. His 
driving record for the last 3 years shows two crashes and no 
convictions for moving violations in a CMV. According to the police 
report for the first crash, Mr. Fasen struck a vehicle that entered his 
traffic lane after being struck by another vehicle. Mr. Fasen was not 
cited. According to the police report for the second crash, Mr. Fasen 
was making a wide right turn in a tractor-trailer combination, when 
another driver attempted to turn right from the curb lane. The 
investigating officer found the other driver at fault and cited him for 
``inattention.'' Mr. Fasen was not cited.

9. Tommy K. Floyd

    Mr. Floyd, 44, has had a macular scar in his left eye since 
childhood. The visual acuity in his right eye is 20/20 and in the left, 
20/200. His optometrist examined him in 2005 and noted, ``It is in my 
medical opinion that Mr. Floyd has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Floyd 
submitted that he has driven tractor-trailer combinations for 21 years, 
accumulating 2.6 million miles. He holds a Class AM CDL from Tennessee. 
His driving record for the last 3 years shows no crashes or convictions 
for moving violations in a CMV.

10. Franklin G. Hermann

    Mr. Hermann, 46, had surgery for a retinal detachment in his right 
eye in 1992. The best-corrected visual acuity in his right eye is 20/
200 and in the left, 20/25. His ophthalmologist examined him in 2004 
and certified, ``In my medical opinion, this patient has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Hermann reported that he has driven straight trucks for 
15 years, accumulating 675,000 miles, and tractor-trailer combinations 
for 12 years, accumulating 1.4 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.

11. William W. Hodgins

    Mr. Hodgins, 55, has amblyopia in his left eye. His best-corrected 
visual acuity in the right eye is 20/20 and in the left, 20/50. 
Following an examination in 2004, his ophthalmologist noted, ``In my 
opinion, he has sufficient vision to perform the driving tasks required 
to operate a commercial vehicle based mainly on the fact that he has 
been doing this for 38 years without incident, to my knowledge.'' Mr. 
Hodgins submitted that he has driven straight trucks for 38 years, 
accumulating 760,000 miles. He holds a Class BCDM CDL from Wisconsin. 
His driving record for the last 3 years shows no crashes or convictions 
for moving violations in a CMV.

12. Hazel L. Hopkins, Jr.

    Mr. Hopkins, 52, has had retinal scars in his left eye since 
childhood due to toxoplasmosis. The best-corrected visual acuity in his 
right eye is 20/20 and in the left, 20/200. His ophthalmologist 
examined him in 2004 and certified, ``In my medical opinion, Mr. 
Hopkins should have adequate vision to operate a commercial vehicle.'' 
Mr. Hopkins submitted that he has driven straight trucks for 20 years, 
accumulating 200,000 miles, tractor-trailer combinations for 15 years 
accumulating 375,000 miles, and buses for 3 years, accumulating 3,000 
miles. He holds a Class A CDL from Maryland. His driving record for the 
last 3 years shows no crashes and one conviction for a moving violation 
``failure to obey traffic device''--in a CMV.

13. Donald M. Jenson

    Mr. Jenson, 53, has count fingers vision in his right eye due to 
injury as a teenager. His best-corrected visual acuity in the left eye 
is 20/20. Following an examination in 2004, his optometrist certified, 
``In my opinion I believe Mr. Jenson has the visual ability to operate 
a commercial vehicle.'' Mr. Jenson reported that he has driven straight 
trucks for 3 years, accumulating 75,000 miles, and tractor-trailer 
combinations for 30 years, accumulating 3.7 million miles. He holds a 
Class A CDL from South Dakota. His driving record for the last 3 years 
shows no crashes or convictions for moving violations in a CMV.

14. Dean A. Maystead

    Mr. Maystead, 42, lost his left eye at age 16 due to trauma. His 
visual acuity in the right eye is 20/20. Following an examination in 
2004, his ophthalmologist noted, ``Mr. Maystead has performed as a 
commercial truck driver since 1981 without problems. I see no medical 
reason why he should not continue to be able to operate a commercial 
vehicle.'' Mr. Maystead reported that he has driven straight trucks for 
23 years, accumulating 402,000 miles. He holds a Class CB CDL from 
Michigan. His driving record for the last 3 years shows no crashes or 
convictions for moving violations in a CMV.

15. Jason L. McBride, Sr.

    Mr. McBride, 28, is blind in his left eye as a result of a 
childhood injury. His best-corrected visual acuity in the right eye is 
20/15. Following an examination in 2004, his optometrist noted, ``In my 
opinion, Jason is visually able to perform the tasks required in 
operation of a commercial vehicle.'' Mr. McBride reported that he has 
driven straight trucks for 7 years, accumulating 700,000 miles. He 
holds a Class CA CDL from Michigan. His driving record for the last 3 
years shows one crash and one conviction for a moving violation in a 
CMV. The moving violation was exceeding the speed limit by 9 mph. 
According to the police report for the crash, another driver struck Mr. 
McBride's trailer from the rear. The other driver was charged with 
``unable to stop in assured clear distance.'' Mr. McBride was not 
cited.

16. Willie J. Morgan

    Mr. Morgan, 65, lost his left eye in 1946 due to complications from 
a congenital cataract. The best-corrected visual acuity in his right 
eye is 20/20. Following an examination in 2004 his optometrist noted, 
``It is my medical opinion that he has the vision necessary to operate 
a commercial vehicle.'' Mr. Morgan submitted that he has driven

[[Page 31002]]

straight trucks for 41 years, accumulating 2.0 million miles, and 
tractor-trailer combinations for 20 years, accumulating 100,000 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.

17. Carl V. Murphy, Jr.

    Mr. Murphy, 51, has amblyopia in his right eye. The visual acuity 
in his right eye is 20/200 and in the left, 20/20. Following an 
examination in 2005, his ophthalmologist noted, ``In my medical 
opinion, you have sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Murphy submitted that 
he has driven straight trucks for 31 years, accumulating 775,000 miles, 
and tractor-trailer combinations for 15 years, accumulating 375,000 
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.

18. Donald L. Murphy

    Mr. Murphy, 53, lost his left eye due to an accident 21 years ago. 
The visual acuity in his right eye is 20/20. Following an examination 
in 2005, his optometrist noted, ``I certify that in my medical opinion, 
Mr. Murphy has sufficient vision to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Murphy reported that he has 
driven straight trucks for 25 years, accumulating 750,000 miles, and 
tractor-trailer combinations for 5 years, accumulating 25,000 miles. He 
holds a Class DA CDL from Kentucky. His driving record for the last 3 
years shows no crashes or convictions for moving violations in a CMV.

19. Mark D. Page

    Mr. Page, 36, has amblyopia in his left eye. The best-corrected 
visual acuity in his right eye is 20/15 and in the left, 20/200. 
Following an examination in 2004, his ophthalmologist stated, ``It is 
in my medical opinion that Mark Page has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. Page 
reported that he has driven straight trucks for 4 years, accumulating 
200,000 miles, and tractor-trailer combinations for 11 years, 
accumulating 1.2 million miles. He holds a Class A CDL from 
Mississippi. 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 12 mph.

20. Larry D. Reynolds

    Mr. Reynolds, 55, lost his left eye due to a childhood accident. 
The best-corrected visual acuity in his right eye is 20/20. His 
optometrist examined him in 2004 and certified, ``In my medical 
opinion, Mr. Reynolds has sufficient vision to perform the tasks 
required to operate a commercial vehicle.'' Mr. Reynolds reported that 
he has driven straight trucks for 2 years, accumulating 75,000 miles, 
and tractor-trailer combinations for 15 years, accumulating 1.8 million 
miles. He holds a Class A CDL from Texas. 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, Mr. Reynolds' vehicle was 
struck by another vehicle that entered his traffic lane in a multi-
vehicle crash. Neither Mr. Reynolds nor the driver of the other vehicle 
was cited in connection with the crash.

21. Thomas D. Reynolds

    Mr. Reynolds, 39, 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 optometrist certified, ``In my 
opinion, Mr. Reynolds has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Reynolds reported 
that he has driven straight trucks for 3 years, accumulating 15,000 
miles, and tractor-trailer combinations for 5 years, accumulating 
450,000 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.

22. Walter J. Savage, Jr.

    Mr. Savage, 46, has amblyopia in his right eye. The visual acuity 
in his right eye is hand motions only and in the left, 20/20. His 
optometrist examined him in 2004 and noted, ``Based on our evaluation, 
it appears that Mr. Savage has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Savage submitted 
that he has driven straight trucks for 17 years, accumulating 204,000 
miles. He holds a Class D driver's license from Kentucky. His driving 
record for the last 3 years shows no crashes or convictions for moving 
violations in a CMV.

23. Thomas J. Sweeny, Jr.

    Mr. Sweeny, 45, has a congenital anomalous optic nerve 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 ophthalmologist 
certified, ``In my opinion Mr. Sweeny should have sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Sweeny submitted that he has driven straight trucks for 14 years, 
accumulating 630,000 miles. He holds a Class BM CDL from Pennsylvania. 
His driving record for the last 3 years shows no crashes or convictions 
for moving violations in a CMV.

24. Louis E. Villa, Jr.

    Mr. Villa, 28, has amblyopia in his left eye. His best-corrected 
visual acuity in the right eye is 20/25 and in the left, light 
perception. Following an examination in 2005, his ophthalmologist 
certified, ``It is my opinion that this patient's visual deficiency is 
stable and this patient has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Villa submitted 
that he has driven tractor-trailer combinations for 3 years, 
accumulating 60,000 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.

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: May 23, 2005.
Rose A. McMurray,
Associate Administrator, Policy and Program Development.
[FR Doc. 05-10692 Filed 5-27-05; 8:45 am]
BILLING CODE 4910-EX-P