[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