[Federal Register Volume 71, Number 55 (Wednesday, March 22, 2006)]
[Notices]
[Pages 14566-14568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2785]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-24015]


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 16 individuals 
for 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 April 21, 2006.

ADDRESSES: You may submit comments identified by DOT Docket Management 
System (DMS) Docket Number FMCSA-2006-24015 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 16 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

Juan D. Adame

    Mr. Adame, age 33, has had optic nerve atrophy in his right eye 
since birth. 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, ``I do feel that Mr. Adame has sufficient vision 
to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Adame reported that he has driven tractor-trailer 
combinations for 7 years, accumulating 476,000 miles. He holds a Class 
A CDL from Michigan. His driving record for the last 3 years shows no 
crashes or convictions for moving violations in a CMV.

Thomas G. Danclovic

    Mr. Danclovic, 46, has complete loss of vision in his right eye due 
to an intrauterine infection. The best corrected visual acuity in his 
left eye is 20/15. Following an examination in 2005, his 
ophthalmologist noted, ``In my opinion, the patient has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Danclovic reported that he has driven tractor-trailer 
combinations for 5 years, accumulating 375,000 miles. He holds a Class 
A CDL from Missouri. His driving record for the last 3 years shows no 
crashes or convictions for moving violations in a CMV.

Thomas W. Dufford

    Mr. Dufford, 35, has had a chorioretinal scar in his right eye 
since birth. The visual acuity in his right eye is 20/200 and in the 
left, 20/20. His optometrist examined him in 2005 and noted, ``In my 
opinion, Thomas's visual condition would in no way affect his ability 
to safely operate a commercial motor vehicle. Based on his ophthalmic 
exam, I would recommend licensure with no restriction in privileges.'' 
Mr. Dufford reported that he has driven straight trucks for 3 years, 
accumulating 48,000 miles. He holds a Class C operator's license from 
Virginia. His

[[Page 14567]]

driving record for the last 3 years shows no crashes or convictions for 
moving violations in a CMV.

Williams L. Foote

    Mr. Foote, 41, 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 ophthalmologist examined him in 2005 and noted, ``In 
summary, Mr. Foote has no problems with driving and certainly has 
visual acuity well enough to allow him to drive a commercial vehicle.'' 
Mr. Foote reported that he has driven straight trucks for 4 years, 
accumulating 7,200 miles. He holds a Class B CDL from Virginia. His 
driving record for the last 3 years shows no crashes or convictions for 
moving violations in a CMV.

Joshua G. Hansen

    Mr. Hansen, 44, has complete loss of vision in his right eye due to 
a traumatic injury sustained in 1990. The visual acuity in his left eye 
is 20/20. Following an examination in 2005, his optometrist noted, ``In 
my opinion, Josh Hansen has sufficient vision to perform driving tasks 
required to operate a commercial vehicle.'' Mr. Hansen reported that he 
has driven straight trucks for 10 years, accumulating 350,000 miles, 
and tractor-trailer combinations for 20 years, accumulating 1.8 million 
miles. He holds a Class A CDL from Idaho. His driving record for the 
last 3 years shows no crashes or convictions for moving violations in a 
CMV.

Daniel W. Henderson

    Mr. Henderson, 47, has had amblyopia in his left eye since birth. 
The visual acuity in his right eye is 20/20 and in the left, count-
finger-vision at 10 feet. His optometrist examined him in 2005 and 
noted, ``In my medical opinion, Mr. Henderson has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Henderson reported that he has driven straight trucks for 6 months, 
accumulating 35,000 miles and tractor-trailer combinations for 5 years, 
accumulating 550,000 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.

Casey R. Johnson

    Mr. Johnson, 27, has loss of vision in his left eye due to an 
injury he sustained as a child. The visual acuity in his right eye is 
20/15 and in the left, count-finger-vision at 3 feet. Following an 
examination in 2005, his optometrist noted, ``I believe that Casey has 
demonstrated sufficient vision to operate a commercial vehicle.'' Mr. 
Johnson reported that he has driven straight trucks for 3\1/2\ years, 
accumulating 105,000 miles. He holds a Class D operator's license from 
Minnesota. His driving record for the last 3 years shows no crashes or 
convictions for moving violations in a CMV.

Craig T. Jorgensen

    Mr. Jorgensen, 45, has had amblyopia in his right eye since birth. 
The best corrected visual acuity in his right eye is 20/100 and in the 
left, 20/20. Following an examination in 2005, his optometrist noted, 
``I believe he has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle with standard restrictions of 
glasses required and outside mirrors.'' Mr. Jorgensen reported that he 
has driven straight trucks for 2 years, accumulating 10,000 miles and 
tractor-trailer combinations for 18 years, accumulating 198,000 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.

Jose A. Lopez

    Mr. Lopez, 51, 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, 20/100. Following an examination in 2005, his optometrist noted, 
``In my opinion, Jose Lopez has sufficient vision to operate a 
commercial vehicle.'' Mr. Lopez reported that he has driven straight 
trucks for 1 year, accumulating 61,750 miles and tractor-trailer 
combinations for 3 years, accumulating 168,750 miles. He holds a Class 
A CDL from Connecticut. His driving record for the last 3 years shows 
no crashes or convictions for moving violations in a CMV.

William F. Mack

    Mr. Mack, 51, has complete loss of vision in the right eye due to a 
traumatic injury sustained in 1998. The best corrected visual acuity in 
his left eye is 20/20. Following an examination in 2005, his 
optometrist noted, ``In my medical opinion, William has sufficient 
visual capability to safely operate a commercial vehicle.'' Mr. Mack 
reported that he has driven tractor-trailer combinations for 3 years, 
accumulating 150,000 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.

Bobby L. Mashburn

    Mr. Mashburn, 37, has had amblyopia in his left eye since 
childhood. The visual acuity in his right eye is 20/20 and in the left, 
20/200. Following an examination in 2005, his optometrist noted, ``In 
my opinion, Mr. Mashburn's amblyopia in his left eye will not limit his 
ability to drive a commercial vehicle.'' Mr. Mashburn reported that he 
has driven straight trucks for 13 years, accumulating 13,000 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.

Albert L. Remsburg

    Mr. Remsburg, 32, has loss of vision in his left eye due to retinal 
and corneal injury sustained in 1992. The best corrected visual acuity 
in his right eye is 20/20 and in the left, light perception only. 
Following an examination in 2005, his optometrist noted, ``In my 
medical opinion, the vision and visual field in the right eye is 
sufficient to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Remsburg reported that he has driven straight 
trucks for 7 years, accumulating 245,000 miles. He holds a Class B CDL 
from Maryland. His driving record for the last 3 years shows no crashes 
or convictions for moving violations in a CMV.

Willard L. Riggle

    Mr. Riggle, 58, has had a chronic central scotoma in his right eye 
since childhood. The best corrected visual acuity in his right eye is 
count-finger-vision at 10 feet and in the left, 20/15. His 
ophthalmologist examined him in 2005 and noted, ``I feel Mr. Riggle has 
sufficient vision to operate a commercial vehicle.'' Mr. Riggle 
reported that he has driven straight trucks for 39 years, accumulating 
975,000 miles, and tractor-trailer combinations for 25 years, 
accumulating 2.5 million miles. He holds a Class A CDL from Indiana. 
His driving record for the last 3 years shows no crashes or convictions 
for moving violations in a CMV.

Ricky L. Shepler

    Mr. Shepler, 44, 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, 
20/50. Following an examination in 2005, his optometrist noted, ``My 
opinion is, his vision is sufficient to operate a commercial vehicle.'' 
Mr. Shepler reported that he has driven straight trucks for 13 years, 
accumulating 650,000 miles. He holds a Class A CDL from Pennsylvania. 
His driving record

[[Page 14568]]

for the last 3 years shows no crashes or convictions for moving 
violations in a CMV.

Barney J. Wade

    Mr. Wade, 42, 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, 20/50. Following an examination in 2005, his optometrist noted, 
``My opinion is that you have sufficient vision to perform the driving 
tasks required to operate a commercial motor vehicle.'' Mr. Wade 
reported that he has driven straight trucks for 18 years, accumulating 
180,000 miles, tractor-trailer combinations for 18 years, accumulating 
180,000 miles, and buses for 6 years accumulating 600 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.

Kenneth E. Walker

    Mr. Walker, 43, has optic neuropathy in his right eye due to a 
traumatic injury sustained as a child. The visual acuity in his right 
eye is count-finger-vision at 3 feet and in the left, 20/20. Following 
an examination in 2005, his ophthalmologist noted, ``In my medical 
opinion, Mr. Walker has sufficient vision to perform driving tasks 
required to operate a commercial vehicle.'' Mr. Walker reported that he 
has driven straight trucks for 23 years, accumulating 690,000 miles and 
tractor-trailer combinations for 11 years, accumulating 880,000 miles. 
He holds a Class A CDL from Virginia. 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 April 21, 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: March 15, 2006.
Rose A. McMurray,
Associate Administrator, Policy and Program Development.
[FR Doc. 06-2785 Filed 3-21-06; 8:45 am]
BILLING CODE 4910-EX-P