[Federal Register Volume 71, Number 16 (Wednesday, January 25, 2006)]
[Notices]
[Pages 4194-4196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-856]



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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2005-23099]


Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemptions; request for comments.

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SUMMARY: FMCSA announces receipt of applications from 17 individuals 
for an exemption from the vision requirement in the Federal Motor 
Carrier Safety Regulations. If granted, the exemptions would enable 
these individuals to qualify as drivers of commercial motor vehicles 
(CMVs) in interstate commerce without meeting the Federal vision 
standard.

DATES: Comments must be received on or before February 24, 2006.

ADDRESSES: You may submit comments identified by DOT Docket Management 
System (DMS) Docket Number FMCSA-2005-23099 using any of the following 
methods:
     Web site: http://dmses.dot.gov/submit. 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 online instructions for submitting 
comments.
    Instructions: All submissions must include the agency name and 
docket number for this notice. 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 for further 
information.
    Docket: For access to the docket to read background documents or 
comments received, go to http://dms.dot.gov at any time or 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. The DMS is available 24 hours each day, 365 
days each year. If you want acknowledgment 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 may search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or of the person 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 (65 FR 
19477; Apr. 11, 2000). This information is also available at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Chief, Physical 
Qualifications Division, (202) 366-4001, [email protected], 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:

Background

    Under 49 U.S.C. 31315 and 31136(e), 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.'' FMCSA can renew exemptions 
at the end of each 2-year period. The 17 individuals listed in this 
notice each have 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 statute.

Qualifications of Applicants

John R. Alger

    Mr. Alger, 72, has complete loss of vision in his left eye due to 
phthisis, chronic retinal detachment, and surgical aphakia since 1998. 
The best corrected visual acuity in his right eye is 20/20. Following 
an examination in 2005, his ophthalmologist noted, ``Mr. Alger has 
demonstrated the ability to operate a motor vehicle. In my opinion, his 
vision is stable and sufficient to continue operating a commercial 
vehicle.'' Mr. Alger reported that he has driven straight trucks for 25 
years, accumulating 125,000 miles and tractor-trailer combinations for 
16 years, accumulating 1.6 million 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.

Gene Bartlett, Jr.

    Mr. Bartlett, 43, has had refractive amblyopia in his left eye 
since childhood. The best corrected visual acuity in his right eye is 
20/20 and in the left, 20/60-2. His optometrist examined him in 2005 
and noted, ``In my opinion, Mr. Gene Bartlett Jr. has more than 
sufficient vision to safely operate a commercial vehicle.'' Mr. 
Bartlett reported that he has driven straight trucks for 22 years, 
accumulating 66,000 miles, and tractor-trailer combinations for 22 
years, accumulating 66,000 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.

Raymond C. Becker

    Mr. Becker, 80, has had amblyopia in his left eye since childhood. 
The best corrected visual acuity in his right eye is 20/20 and in the 
left, 20/70. Following an examination in 2005, his optometrist noted, 
``I do believe that he has the vision to perform driving tasks to 
operate a commercial vehicle.'' Mr. Becker reported that he has driven 
straight trucks for 4 years, accumulating 48,000 miles and tractor-
trailer combinations for 49 years, accumulating 5.8 million miles. He 
holds a Class A CDL from Iowa. His driving record for the last 3 years 
shows no crashes or convictions for moving violations in a CMV.

Marland L. Brassfield

    Mr. Brassfield, 50, has had an enucleation of his left eye due to 
trauma he sustained in 1961. The best uncorrected visual acuity in his 
right eye is 20/15. His optometrist examined him in 2005 and noted, 
``In my opinion Mr. Brassfield has more than sufficient vision to 
perform the driving tasks to operate a commercial vehicle.'' Mr. 
Brassfield reported that he has driven straight trucks for 6 years, 
accumulating 270,000 miles and tractor-trailer combinations for 9 
years, accumulating 900,000 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.

Walter M. Brown

    Mr. Brown, 49, has had amblyopia in his left eye since birth. The 
best corrected visual acuity in his right eye is 20/20 and in the left 
20/200.

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Following an examination in 2005, his optometrist noted, ``It is my 
medical opinion that Mr. Brown has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Brown 
reported that he has driven straight trucks for 19 years, accumulating 
988,000 miles and tractor-trailer combinations for 19 years, 
accumulating 342,000 miles. He holds a Class A CDL from South Carolina. 
His driving record for the last 3 years shows no crashes or convictions 
for moving violations in a CMV.

Rodney D. Curtis

    Mr. Curtis, 41, has a prosthetic right eye due to trauma he 
sustained in 1992. The best corrected visual acuity in his left eye is 
20/15. Following an examination in 2005, his optometrist noted, ``In my 
opinion, Mr. Curtis has sufficient vision to operate a commercial 
vehicle.'' Mr. Curtis reported that he has driven straight trucks for 4 
years, accumulating 80,000 miles and tractor-trailer combinations for 
20 years, accumulating 1.4 million miles. He holds a Class A CDL from 
Iowa. His driving record for the last 3 years shows no crashes or 
convictions for moving violations in a CMV.

Troy S. David

    Mr. David, 36, has a prosthetic left eye due to trauma he sustained 
as a child. The best corrected visual acuity in his right eye is 20/15. 
Following an examination in 2005, his optometrist noted, ``Mr. David's 
visual deficiency is stable, and he has sufficient vision to operate a 
commercial vehicle.'' Mr. David reported that he has driven straight 
trucks for 5 years, accumulating 50,000 miles and tractor-trailer 
combinations for 15 years, accumulating 1.2 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.

Norman J. Day

    Mr. Day, 58, has a corneal scar on his left eye due to chicken pox 
and measles infections he sustained as a child. The best corrected 
visual acuity in his right eye is 20/15 and in the left, hand motion. 
His optometrist examined him in 2005 and noted, ``I certify that Mr. 
Norman Day has sufficient vision to perform driving tasks required to 
operate a commercial vehicle.'' Mr. Day reported that he has driven 
straight trucks for 39 years, accumulating 780,000 miles and tractor-
trailer combinations for 35 years, accumulating 1 million miles. He 
holds a Class A CDL from Massachusetts. His driving record for the last 
3 years shows no crashes or convictions for moving violations in a CMV.

John M. Doney

    Mr. Doney, 47, has had loss of vision in his right eye due to 
trauma he sustained in 1965. The best corrected visual acuity in his 
right eye is 20/70 and in the left, 20/20. Following an examination in 
2005, his optometrist noted, ``We hereby certify that in our opinion he 
has sufficient vision to operate a commercial vehicle.'' Mr. Doney 
reported that he has driven straight trucks for 5 years, accumulating 
124,000 miles and tractor-trailer combinations for 1 year, accumulating 
15,000 miles. He holds a Class B CDL from Missouri. His driving record 
for the last 3 years shows no crashes or convictions for moving 
violations in a CMV.

Dale Fields

    Mr. Fields, 65, has commotio retinae in his left eye due to trauma 
sustained in 1948. The best corrected visual acuity in the right eye, 
is 20/40 and in the left, 20/400. Following an examination in 2005, his 
optometrist noted, ``In my opinion, Mr. Fields has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Fields reported that he has driven tractor-trailer combinations for 
39 years, accumulating 3,120,000 miles. He holds a Class A CDL from 
West Virginia. His driving record for the last 3 years shows no crashes 
or convictions for moving violations in a CMV.

Billy Ray Jeffries

    Mr. Jeffries, 49, has had strabismic amblyopia in his right eye 
since childhood. His optometrist noted that there is no way of knowing 
how long he has been amblyopic. The best corrected visual acuity in his 
right eye is 20/25 and in the left, 20/200. His optometrist examined 
him in 2005 and noted, ``In my professional opinion, Mr. Jeffries has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Jeffries reported that he has driven straight 
trucks for 6 years, accumulating 150,000 miles. He holds a Class A CDL 
from West Virginia. His driving record for the last 3 years shows no 
crashes or convictions for moving violations in a CMV.

Brian E. Monaghan

    Mr. Monaghan, 55, has had amblyopia in his left eye since birth. 
The best corrected visual acuity in his right eye is 20/20 and in the 
left, 20/200. Following an examination in 2005, his ophthalmologist 
noted, ``He should have sufficient vision to drive a commercial 
vehicle.'' Mr. Monaghan reported that he has driven straight trucks for 
28 years, accumulating 1.2 million miles. He holds a Class B CDL from 
Illinois. His driving record for the last 3 years shows no crashes or 
convictions for moving violations in a CMV.

Roberto G. Serna

    Mr. Serna, 49, has maculopathy in his left eye due to trauma he 
sustained over 20 years ago. The best corrected visual acuity in his 
right eye is 20/20 and in the left, 20/70. His optometrist examined him 
in 2005 and noted ``After examining him, in my opinion, he has 
sufficient vision to operate a commercial vehicle.'' Mr. Serna reported 
that he has driven straight trucks for 30 years, accumulating 90,000 
miles. He holds a Class C operator's license from Maryland. His driving 
record for the last 3 years shows no crashes or convictions for moving 
violations in a CMV.

Robert V. Sloan

    Mr. Sloan, 45, has had amblyopia in his left eye since childhood. 
The best corrected visual acuity in his right eye is 20/20 and in the 
left, 20/80. His optometrist examined him in 2005 and noted, ``I think 
Mr. Robert Sloan has sufficient vision for driving a commercial 
vehicle.'' Mr. Sloan reported that he has driven straight trucks for 9 
years, accumulating 98,550 miles. He holds a Class C operator's license 
from North Carolina. His driving record for the last 3 years shows no 
crashes or convictions for moving violations in a CMV.

Raymond C. Smith

    Mr. Smith, 72, has had ischemic optic neuropathy in his right eye 
since 2000. The best corrected visual acuity in his right eye is count-
finger-vision at 8 feet and in the left, 20/20. Following an 
examination in 2004, his optometrist noted, ``In my opinion, Mr. Smith 
retains more than enough vision to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Smith reported that he has 
driven straight trucks for 8 years, accumulating 384,000 miles and 
tractor-trailer combinations for 45 years, accumulating 2.7 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.

Gary N. Wilson

    Mr. Wilson, 51, has a prosthetic right eye due to an injury he 
sustained in 1959. The best corrected visual acuity in

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his left eye is 20/20. Following an examination in 2005, his 
optometrist noted, ``I feel Gary has sufficient vision to operate a 
commercial vehicle. He has had this condition since he has been driving 
and he has a very good driving record.'' Mr. Wilson reported that he 
has driven straight trucks for 31 years, accumulating 775,000 miles. He 
holds a Class D operator's license from Utah. His driving record for 
the last 3 years shows no crashes or convictions for moving violations 
in a CMV.

William B. Wilson

    Mr. Wilson, 63, has had amblyopia in his right eye since birth. The 
best corrected visual acuity in his right eye is 20/80 and in the left, 
20/20. Following an examination in 2005, his ophthalmologist noted, 
``It is my medical opinion that Mr. Wilson has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Wilson reported that he has driven straight trucks for 47 years, 
accumulating 1.2 million miles and tractor-trailer combinations for 6 
years, accumulating 600,000 miles. He holds a Class A CDL from 
Kentucky. 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), FMCSA requests 
public comment from all interested persons on the exemption petitions 
described in this notice. The agency will consider all comments 
received before the close of business February 24, 2006. Comments will 
be available for examination in the docket at the location listed under 
the ADDRESSES section of this notice. The agency will file comments 
received after the comment closing date in the public docket, and will 
consider them to the extent practicable. In addition to late comments, 
FMCSA will also continue to file, in the public docket, relevant 
information that becomes available after the comment closing date. 
Interested persons should monitor the public docket for new material.

    Issued on January 18, 2006.
Rose A. McMurray,
Associate Administrator, Policy and Program Development.
[FR Doc. E6-856 Filed 1-24-06; 8:45 am]
BILLING CODE 4910-EX-P