[Federal Register Volume 72, Number 37 (Monday, February 26, 2007)]
[Notices]
[Pages 8417-8420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3189]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2007-26653]


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 28 individuals 
for exemptions 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 28, 2007.

ADDRESSES: You may submit comments identified by Department of 
Transportation (DOT) Docket Management System (DMS) Docket Number 
FMCSA-2006-26653 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 DOT'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., Room 8301, 
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., 
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, 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 28 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

Michael W. Anderson

    Mr. Anderson, age 48, has loss of vision in his left eye due to a 
retinal detachment in 1998. The best corrected visual acuity in his 
right eye is 20/20 and in the left, 20/400. Following an examination in 
2006, his ophthalmologist noted, ``In my opinion, Mr. Anderson's vision 
is stable and is probably sufficient for driving tasks required to 
operate a commercial vehicle.'' Mr. Anderson reported that he has 
driven straight trucks for 25 years, accumulating 715,000 miles. He 
holds a Class A Commercial Driver's License (CDL) from New Mexico. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Manassah E. Baker

    Mr. Baker, 54, has a prosthetic right eye due to a traumatic injury 
sustained as a child. The visual acuity in his left eye is 20/20. 
Following an examination in 2006, his ophthalmologist noted, ``In my 
medical opinion, he has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Baker reported that he 
has driven straight trucks for 2 years, accumulating 50,000 miles, and 
tractor-trailer combinations for 20 years, accumulating 2.1 million 
miles. He holds a Class A CDL from Florida. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Thomas H. Barnhart, Jr.

    Mr. Barnhart, 59, has a corneal scar in his right eye due to a 
traumatic injury. The best corrected visual acuity in his right eye is 
20/50 and in the left, 20/20. Following an examination in 2006, his 
optometrist noted, ``Mr. Barnhart appears to have sufficient visual 
acuity and visual fields to operate a commercial vehicle.'' Mr. 
Barnhart reported that he has driven straight trucks for 40 years, 
accumulating 4 million miles, tractor-trailer

[[Page 8418]]

combinations for 18 years, accumulating 1.1 million miles, and buses 
for 3 years, accumulating 30,000 miles. He holds a Class A CDL from 
Delaware. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Michael R. Bradford

    Mr. Bradford, 49, has loss of vision in his right eye due to 
exotropia with associated amblyopia since childhood. The best corrected 
visual acuity in his right eye is 20/80 and in the left, 20/20. 
Following an examination in 2006, his optometrist noted, ``I certify 
that since Mr. Bradford has exhibited competent driving by having a 
perfect driving record and since his vision has not changed in at least 
7 years that he has been a patient of mine, Mr. Bradford has sufficient 
vision to operate a commercial vehicle.'' Mr. Bradford reported that he 
has driven straight trucks for 14 years, accumulating 245,000 miles, 
and tractor-trailer combinations for 14 years, accumulating 805,000 
miles. He holds a Class A CDL from Maryland. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Jeanpierre Brefort

    Mr. Brefort, 55, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is hand-movement vision 
and in the left, 20/20. Following an examination in 2007, his 
ophthalmologist noted, ``It is my opinion that Mr. Brefort has 
sufficient vision to perform the driving tasks required to operate a 
commercial motor vehicle based on stated requirements.'' Mr. Brefort 
reported that he has driven tractor-trailer combinations for 6 years, 
accumulating 60,000 miles. He holds a Class A CDL from Connecticut.
    His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

John J. Caricola, Jr.

    Mr. Caricola, 53, has aphakia and maculopathy in his left eye due 
to a traumatic injury sustained as a child. The best corrected visual 
acuity in his right eye is 20/15 and in the left, 20/400. Following an 
examination in 2006, his optometrist noted, ``In my medical opinion, I 
certify that Mr. Caricola does not have a visual impairment that 
compromises his ability to operate a commercial motor vehicle.'' Mr. 
Caricola reported that he has driven tractor-trailer combinations for 
32 years, accumulating 4 million miles. He holds a Class A CDL from 
North Carolina. His driving record for the last 3 years shows no 
crashes and one conviction for a moving violation in CMV, failure to 
obey a traffic sign.

Paul W. Caulfield

    Mr. Caulfield, 44, has loss of vision in his right eye due to a 
traumatic injury sustained 23 years ago. The best corrected visual 
acuity in his right eye is 20/80 and in the left, 20/20. Following an 
examination in 2006, his optometrist noted, ``I feel that William has 
sufficient vision to drive a commercial vehicle.'' Mr. Caulfield 
reported that he has driven straight trucks for 10 years, accumulating 
150,000 miles. He holds a Class D operator's license from Delaware. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Denice M. Engle

    Ms. Engle, 40, has a prosthetic right eye due to a traumatic injury 
sustained in 2003. The visual acuity in her left eye is 20/15. 
Following an examination in 2006, her ophthalmologist noted, ``In my 
medical opinion, she has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Ms. Engle reported that she 
has driven straight trucks for 3 years, accumulating 68,640 miles, and 
tractor-trailer combinations for 3 years, accumulating 10,800 miles. 
She holds a Class A CDL from Georgia. Her driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

John B. Gregory

    Mr. Gregory, 67, has complete loss of vision in his right eye due 
to a traumatic injury sustained at age 5. The best corrected visual 
acuity in his left eye is 20/20. Following an examination in 2006, his 
ophthalmologist noted, ``In my medical opinion, Mr. Gregory does have 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Gregory reported that he has driven straight 
trucks for 50 years, accumulating 2.5 million miles, and tractor-
trailer combinations for 33 years, accumulating 5.8 million miles. He 
holds a Class A CDL from Arkansas. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Gary D. Hallman

    Mr. Hallman, 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, 
20/200. Following an examination in 2006, his optometrist noted, 
``Vision is sufficient to operate a commercial vehicle.'' Mr. Hallman 
reported that he has driven straight trucks for 10 years, accumulating 
500,000 miles, and tractor-trailer combinations for 8 years, 
accumulating 400,000 miles. He holds a Class D operator's license from 
Alabama. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Wade M. Hillmer

    Mr. Hillmer, 25, 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. Following an examination in 2006, his optometrist noted, 
``Therefore, it is my medical opinion, that Wade has sufficient vision 
in both eyes to perform driving tasks required to operate a commercial 
vehicle.'' Mr. Hillmer reported that he has driven straight trucks for 
4 years, accumulating 12,000 miles, and tractor-trailer combinations 
for 4 years, accumulating 3,200 miles. He holds a Class A CDL from 
Minnesota. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Michael W. Jensen

    Mr. Jensen, 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, 20/60. Following an examination in 2006, his ophthalmologist 
noted, ``From my evaluation, Michael Jensen has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Jensen reported that he has driven straight trucks for 24 years, 
accumulating 110,400 miles. He holds a Class C operator's license from 
California. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Jorge Lopez

    Mr. Lopez, 55, has had amblyopia in his right eye since birth. The 
best corrected visual acuity in his right eye is 20/60 and in the left, 
20/20. Following an examination in 2006, his optometrist noted, ``Mr. 
Lopez, in my medical opinion, has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Lopez 
reported that he has driven straight trucks for 29 years, accumulating 
406,000 miles, and tractor-trailer combinations for 5 years, 
accumulating 300,000 miles. He holds a Class A CDL from Ohio. His 
driving record for the last 3 years shows no

[[Page 8419]]

crashes and no convictions for moving violations in a CMV.

Albert E. Marbut

    Mr. Marbut, 61, has had complete loss of vision in his right eye 
due to an opaque cornea caused by neovascularization since 1991. The 
best corrected visual acuity in his left eye is 20/20. Following an 
examination in 2006, his optometrist noted, ``It is in my medical 
opinion that Mr. Marbut has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Marbut reported 
that he has driven straight trucks for 12 years, accumulating 240,000 
miles, and tractor-trailer combinations for 20 years, accumulating 1.2 
million miles. He holds a Class A CDL from Alabama. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Michael J. McGregan

    Mr. McGregan, 39, has loss of vision in his right eye due to a 
traumatic injury sustained as a child. The best corrected visual acuity 
in his right eye is 20/200 and in the left, 20/20. Following an 
examination in 2006, his optometrist noted, ``Mr. McGregan has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. McGregan reported that he has driven straight 
trucks for 21 years, accumulating 163,800 miles, and tractor-trailer 
combinations for 21 years, accumulating 163,800 miles. He holds a Class 
A CDL from Florida. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Willie E. Nichols

    Mr. Nichols, 53, 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, 
count-finger vision. Following an examination in 2006, his 
ophthalmologist noted, ``It is my medical impression, that Mr. Nichols 
can operate a commercial vehicle without visual difficulties.'' Mr. 
Nichols reported that he has driven straight trucks for 5 years, 
accumulating 150,000 miles, and tractor-trailer combinations for 26 
years, accumulating 3.9 million miles. He holds a Class A CDL from 
Florida. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

John P. Perez

    Mr. Perez, 48, has macular scarring in his left eye due to a 
traumatic injury sustained in 1978. The visual acuity in his right eye 
is 20/20 and in the left, 20/200. Following an examination in 2006, his 
ophthalmologist noted, ``Mr. Perez has adequate vision to drive a 
commercial vehicle.'' Mr. Perez reported that he has driven straight 
trucks for 10 years, accumulating 250,000 miles, and tractor-trailer 
combinations for 20 years, accumulating 1.1 million miles. He holds a 
Class A CDL from Florida. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

Robert M. Pickett II

    Mr. Pickett, 31, has macular scarring in his left eye due to a 
traumatic injury sustained 16 years ago. The visual acuity in his right 
eye is 20/20 and in the left, count-finger vision. Following an 
examination in 2006, his ophthalmologist noted, ``Yes, I believe, Mr. 
Pickett has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Pickett reported that he has driven 
straight trucks for 10 years, accumulating 400,000 miles. He holds a 
Class B CDL from Michigan. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Jeffrey W. Pike, Jr.

    Mr. Pike, 30, has a cataract in his right eye due to a traumatic 
injury sustained as a child. The best corrected visual acuity in his 
right eye is light perception and in the left, 20/20. Following an 
examination in 2006, his optometrist noted, ``In my medical opinion, he 
has sufficient vision to perform driving tasks required to operate a 
commercial vehicle.'' Mr. Pike reported that he has driven straight 
trucks for 12 years, accumulating 480,000 miles, and tractor-trailer 
combinations for 8 years, accumulating 180,000 miles. He holds a Class 
A CDL from Minnesota. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Donald V. Ports

    Mr. Ports, 38, 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, 
20/25. Following an examination in 2006, his ophthalmologist noted, ``I 
believe Mr. Ports has sufficient vision to operate a commercial 
vehicle.'' Mr. Ports reported that he has driven straight trucks for 17 
years, accumulating 510,000 miles. He holds a Class C operator's 
license from Maryland. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Robert A. Reyna

    Mr. Reyna, 44, has complete loss of vision in his right eye due to 
an optic nerve injury sustained during a cornea transplant procedure. 
The visual acuity in his right eye is light perception and in the left, 
20/15. Following an examination in 2006, his ophthalmologist noted, 
``In my medical opinion, Mr. Reyna has sufficient vision required to 
operate a commercial vehicle.'' Mr. Reyna reported that he has driven 
straight trucks for 6 months, accumulating 1,200 miles, and tractor-
trailer combinations for 3 years, accumulating 56,250 miles. He holds a 
Class A CDL from Utah. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Scott K. Richardson

    Mr. Richardson, 40, 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, 20/400. Following an examination in 2006, his optometrist noted, 
``Mr. Richardson has sufficient central and peripheral vision with both 
eyes to perform the driving tasks to operate a commercial vehicle and 
has done so in the state of Ohio for the past 20 years.'' Mr. 
Richardson reported that he has driven straight trucks for 20 years, 
accumulating 1.4 million miles, and tractor-trailer combinations for 5 
months, accumulating 27,000 miles. He holds a Class A CDL from Ohio. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Kyle C. Shover

    Mr. Shover, 20, has a prosthetic left eye due to a congenital 
malformation called persistent hyperplastic primary vitreous. The best 
corrected visual acuity in his right eye is 20/20. Following an 
examination in 2006, his ophthalmologist noted, ``It is my opinion that 
Mr. Shover has sufficient vision to perform the driving task required 
to operate a commercial vehicle.'' Mr. Shover reported that he has 
driven straight trucks for 3 years, accumulating 60,000 miles. He holds 
a Class D operator's license from New Jersey. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Charles H. Smith

    Mr. Smith, 65, has a prosthetic left eye due to a traumatic injury 
sustained as a child. The best corrected visual acuity in his right eye 
is 20/20. Following an examination in 2006, his

[[Page 8420]]

optometrist noted, ``It is my medical opinion that Mr. Smith has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Smith reported that he has driven straight 
trucks for 24 years, accumulating 324,000 miles. He holds a Chauffeur's 
license from Indiana. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Robert G. Springer

    Mr. Springer, 69, has loss of vision in his left eye due to a 
traumatic injury sustained as a child. The visual acuity in his right 
eye is 20/20 and in the left, count-finger vision. Following an 
examination in 2006, his ophthalmologist noted, ``I believe Robert 
Springer has the required visual acuity, and the required peripheral 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Springer reported that he has driven straight trucks for 
53 years, accumulating 265,000 miles, and tractor-trailer combinations 
for 49 years, accumulating 1.7 million miles. He holds a Class A CDL 
from Illinois. His driving record for the last 3 years shows no crashes 
and no convictions for a moving violation in a CMV.

Harry J. Stoever, Jr.

    Mr. Stoever, 42, has had amblyopia in his right eye since birth. 
The best corrected visual acuity in his right eye is 20/50 and in the 
left, 20/20. Following an examination in 2006, his optometrist noted, 
``In my opinion, that Mr. Stoever has sufficient visual function to 
operate a commercial vehicle.'' Mr. Stoever reported that he has driven 
straight trucks for 22 years, accumulating 121,000 miles. He holds a 
Class B CDL from New Jersey. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Scott A. Taylor

    Mr. Taylor, 35, 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, 20/60. Following an examination in 2006, his optometrist noted, 
``I, Dr. Eddie Pendergast, certify that in my medical opinion, Scott 
Taylor has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Taylor reported that he has driven 
straight trucks for 7 years, accumulating 280,000 miles, and tractor-
trailer combinations for 11 years, accumulating approximately 1.6 
million miles. He holds a Class A CDL from West Virginia. His driving 
record for the last 3 years shows no crashes and two convictions for 
moving violations, speeding in a CMV. He exceeded the speed limit by 10 
miles mph on two occasions.

John E. Terrell

    Mr. Terrell, 52, has had amblyopia in his right eye since birth. 
The best-corrected visual acuity in his right eye is 20/400 and in the 
left, 20/15. Following an examination in 2006, his ophthalmologist 
noted, ``In my medical opinion, this patient has sufficient vision to 
perform driving tasks for a commercial vehicle.'' Mr. Terrell reported 
that he has driven straight trucks for 6 years, accumulating 165,000 
miles. He holds a Class B CDL from Georgia. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, 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 28, 2007. 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: February 13, 2007.
Larry W. Minor,
Office Director, Bus and Truck Standards and Operations.
 [FR Doc. E7-3189 Filed 2-23-07; 8:45 am]
BILLING CODE 4910-EX-P