[Federal Register Volume 71, Number 20 (Tuesday, January 31, 2006)]
[Notices]
[Pages 5105-5107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-1154]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2005-23238]


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 14 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 March 2, 2006.

ADDRESSES: You may submit comments identified by DOT Docket Management 
System (DMS) Docket Number FMCSA-2005-23238 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 online.
    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

[[Page 5106]]

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.s.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 14 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

Nick D. Bacon

    Mr. Bacon, 29, has had refractive amblyopia strabismus in his left 
eye since childhood. The best corrected visual acuity in his right eye 
is 20/20 and in the left, 20/200. His ophthalmologist examined him in 
2005 and noted, ``In my opinion, Mr. Bacon has sufficient vision 
including visual field, to perform the driving tasks required to 
operate a commercial motor vehicle.'' Mr. Bacon reported that he has 
driven straight trucks for 6 years, accumulating 120,000 miles. He 
holds a Class B CDL from Kentucky. His driving record for the last 3 
years shows no crashes or convictions for moving violations in a CMV.

Donald G. Bostic, Jr.

    Mr. Bostic, 47, has had age related macular degeneration in his 
right eye for 23 years. The best corrected 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 opinion, Mr. Bostic has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Bostic reported that he has driven straight trucks for 
13 years, accumulating 780,000 miles, and tractor-trailer combinations 
for 2.5 years, accumulating 75,000 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.

Johnny W. Bradford

    Mr. Bradford, 57, has a prosthetic right eye due to trauma he 
sustained in 1980. The best corrected visual acuity in his left eye is 
20/20. His ophthalmologist examined him in 2005 and noted, ``In my 
opinion, Johnny is sufficient with his eye sight and glasses to drive a 
commercial vehicle.'' Mr. Bradford reported that he has driven tractor-
trailer combinations for 3 years, accumulating 85,500 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.

Aaron C. Buck

    Mr. Buck, 36, has a prosthetic left eye due to trauma he sustained 
in 1979. The visual acuity in his right eye is 20/20. Following an 
examination in 2005, his optometrist noted, ``I believe, Mr. Aaron Buck 
has sufficient vision to perform the driving tasks to operate a 
commercial vehicle.'' Mr. Buck reported that he has driven straight 
trucks for 8 years, accumulating 280,000 miles. He holds a Class 1 
operator's license from Vermont, which qualifies him to drive all non-
commercial motor vehicles except motorcycles and school buses. His 
driving record for the last 3 years shows no crashes or convictions for 
moving violations in a CMV.

James C. Davis

    Mr. Davis, 63, has had stable loss of vision in his left eye due to 
an unknown cause since 1981. The best corrected visual acuity in his 
right eye is 20/20 and in the left, 20/400. Following an examination in 
2005, his ophthalmologist noted, ``Given that Mr. Davis has a visual 
acuity of 20/20 with a normal full vision field in the right, it 
appears that Mr. Davis has significant vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Davis reported 
that he has driven straight trucks for 40 years, accumulating 600,000 
miles, and tractor-trailer combinations for 27 years, accumulating 
270,000 miles. He holds a Class C operator's license from Florida. His 
driving record for the last 3 years shows no crashes or convictions for 
moving violations in a CMV.

James H. Eldridge Jr.

    Mr. Eldridge, 63, has had chorodial revascularization in his right 
eye since 1997. The best corrected visual acuity in his right eye is 
count-finger-vision at 5 feet and in the left, 20/25. His optometrist 
examined him in 2005 and noted, ``Despite the central vision loss in 
the right eye, I feel he has adequate vision to operate a commercial 
vehicle.'' Mr. Eldridge reported that he has driven straight trucks for 
45 years, accumulating 1.3 million miles and tractor-trailer 
combinations for 15 years, accumulating 375,000 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.

Michael G. Gould

    Mr. Gould, 49, has had angle recession glaucoma in his right eye 
since 2000. The best corrected visual acuity in his right eye is 20/80 
and in the left, 20/20. Following an examination in 2005, his 
optometrist noted, ``Mr. Gould has a full 120 degree field in the left 
eye and a nearly full 110 depth field in the right eye. I believe that 
represents excellent vision for Mr. Gould and should cause no problem 
for him operating a commercial motor vehicle.'' Mr. Gould reported that 
he has driven straight trucks for 21 years, accumulating 525,000 miles. 
He holds a Class C chauffer license from Michigan. His driving record 
for the last 3 years shows no crashes or convictions for moving 
violations in a CMV.

Albert L. Gschwind

    Mr. Gschwind, 55, has an idiopathic subfoveal subretinal 
neovascular membrane in his left eye since 1999. The best corrected 
visual acuity in his right eye is 20/20 and in his left eye, 20/50. 
Following an examination in 2005, his ophthalmologist noted, ``I feel 
that based on his current visual function and examination, that he has 
sufficient vision to perform the driving task required to operate a 
commercial vehicle.'' Mr. Gschwind reported that he has driven straight 
trucks for 34 years, accumulating 272,000 miles, and tractor-trailer 
combinations for 33 years, accumulating 1.4 million miles. He holds a 
Class A CDL from Wisconsin. His driving record for the last 3 years 
shows no crashes or convictions for moving violations in a CMV.

Bruce A. Homan

    Mr. Homan, 50, has had central vision loss in his left eye since 
1998. The best visual acuity in his right eye is 20/25 and in the left, 
20/400. His optometrist examined him in 2005 and noted, ``It is my 
medical opinion that Mr. Homan can perform the driving tasks required 
to operate a commercial vehicle as he has been doing.'' Mr. Homan 
reported that he has driven tractor-trailer combinations for 20 years, 
accumulating 600,000 miles. He holds a Class A CDL

[[Page 5107]]

from Washington. 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.

Matthew J. Konecki

    Mr. Konecki, 37, has had anisometropic amblyopia in his left eye 
since birth. The best corrected visual acuity in his right eye is 20/
15-2 and in the left, 20/200. His ophthalmologist examined him in 2005 
and noted, ``It is my opinion that Mr. Konecki has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Konecki reported that he has driven straight trucks for 7 years, 
accumulating 91,000 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.

Rick P. Moreno

    Mr. Moreno, 42, has a macular hole in his right eye due to an 
injury he sustained in 1987. The best corrected visual acuity in his 
right eye is 20/200 and in the left, 20/20. Following an examination in 
2005, his optometrist noted, ``In my medical opinion, I feel Rick has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Moreno reported that he has driven straight 
trucks for 1 year, accumulating 24,000 miles and tractor-trailer 
combinations for 3 years, accumulating 2.8 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.

Roy J. Oltman

    Mr. Oltman, 47, is blind in the left eye due to trauma he sustained 
at the age of 7. The best corrected visual acuity in his right eye is 
20/20. His ophthalmologist examined him in 2005 and noted, ``From a 
visual standpoint, I see no limitations for Mr. Oltman. As I explained 
to him, I do not know all activities needed for operating a commercial 
vehicle, but for a person with only one eye, his visual function is 
excellent in the right eye.'' Mr. Oltman reported that he has driven 
straight trucks for 5 years, accumulating 10,000 miles and buses for 7 
years, accumulating 10,500 miles. He holds a Class A CDL from Illinois. 
His driving record for the last 3 years shows no crashes or convictions 
for a moving violation in a CMV.

Monte L. Purciful

    Mr. Purciful, 53, has a cataract in his right eye due to a 
traumatic injury that occurred at age 11. The best corrected visual 
acuity in his right eye is hand motion and in the left, 20/20. His 
ophthalmologist examined him in 2005 and noted, ``In my professional 
opinion, Mr. Purciful has adequate vision to safely operate a 
commercial vehicle.'' Mr. Purciful reported that he has driven straight 
trucks for 36 years, accumulating 108,000 miles and tractor-trailer 
combinations for 2 years, accumulating 2,000 miles. He holds a Class C 
operator's license from Georgia. His driving record for the last 3 
years shows no crashes or convictions for moving violations in a CMV.

Bernard J. Wood

    Mr. Wood, 59, has a prosthetic right eye due to a traumatic injury 
at age 2. The best corrected visual acuity in his left eye is 20/15-1. 
Following an examination in 2005, his ophthalmologist noted, ``In my 
opinion, Mr. Wood is capable and qualified to operate a commercial 
vehicle for interstate travel.'' Mr. Wood reported that he has driven 
straight trucks for 10 years, accumulating 400,000 miles. He holds a 
Class A CDL from Wisconsin. His driving record for the last 3 years 
shows one crash, for which he was not cited, for violating any traffic 
laws and no 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 March 2, 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 23, 2006.
Rose A. McMurray,
Associate Administrator, Policy and Program Development.
 [FR Doc. E6-1154 Filed 1-30-06; 8:45 am]
BILLING CODE 4910-EX-P