[Federal Register Volume 72, Number 51 (Friday, March 16, 2007)]
[Notices]
[Pages 12666-12669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-4841]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2007-27333]


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 21 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 April 16, 2007.

ADDRESSES: You may submit comments identified by Department of 
Transportation (DOT) Docket Management System (DMS) Docket Number 
FMCSA-2006-27333 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 21 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

Rex A. Botsford

    Mr. Botsford, age 60, has had amblyopia in his right eye since 
childhood. The best corrected visual acuity in his right eye is 20/100 
and in the left, 20/25. Following an examination in 2006, his 
optometrist noted, ``In my medical opinion, Mr.

[[Page 12667]]

Botsford has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Botsford reported that he has 
driven straight trucks for 2 years, accumulating 20,000 miles, and 
tractor-trailer combinations for 35 years, accumulating 4.2 million 
miles. He holds a Class A Commercial Driver's License (CDL) from 
Michigan. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Robert A. Casson

    Mr. Casson, 30, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is 20/200 and in the left, 20/20. 
Following an examination in 2007, his optometrist noted, ``In my 
opinion, Mr. Casson does have sufficient vision to perform the task of 
driving a commercial vehicle.'' Mr. Casson reported that he has driven 
straight trucks for 6 months, accumulating 12,000 miles, tractor-
trailer combinations for 2 months, accumulating 5,000 miles, and buses 
for 5\1/2\ years, accumulating 110,000 miles. He holds a Class A CDL 
from Kentucky. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Gregory L. Cooper

    Mr. Cooper, 46, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is 20/400 and in the left, 20/20. 
Following an examination in 2007, his ophthalmologist noted, ``He has 
excellent vision to perform his driving tasks required to operate a 
commercial vehicle.'' Mr. Cooper reported that he has driven straight 
trucks for 7 years, accumulating 227,500 miles. He holds a Class A CDL 
from Pennsylvania. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Kenneth D. Craig

    Mr. Craig, 46, has a prosthetic left eye due to a traumatic injury 
sustained in 2001. The visual acuity in his right eye is 20/20. 
Following an examination in 2006, his optometrist noted, ``Mr. Craig 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Craig reported that he has driven tractor-
trailer combinations for 20 years, accumulating 2.5 million miles. He 
holds a Class A CDL from Virginia. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Thomas H. Davenport, Sr.

    Mr. Davenport, 48, has had macular scarring in his right eye since 
birth due to histoplasmosis syndrome. The best corrected visual acuity 
in his right eye is count-finger vision and in the left, 20/25. 
Following an examination in 2007, his ophthalmologist noted, ``It is my 
medical opinion that Mr. Davenport has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Davenport 
reported that he has driven straight trucks for 11 years, accumulating 
572,000 miles, and tractor-trailer combinations for 2 years, 
accumulating 120,000 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.

Christopher A. Deadman

    Mr. Deadman, 34, has had amblyopia in his right eye since 
childhood. The best corrected visual acuity in his right eye is 20/400 
and in the left, 20/20. Following an examination in 2006, his 
optometrist noted, ``In my medical opinion, Mr. Deadman has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Deadman reported that he has driven tractor-trailer 
combinations for 12 years, accumulating 588,000 miles. He holds a Class 
A CDL from Michigan. His driving record for the last 3 years shows one 
crash and no convictions for moving violations in a CMV.

Heather M.B. Gordon

    Ms. Gordon, 35, has reduced peripheral vision in her right eye due 
to an optic nerve injury sustained as a child. The best corrected 
visual acuity in her right eye is 20/30 and in the left, 20/20. The 
horizontal field of vision in her right eye is 55 degrees and in the 
left, 110 degrees. Following an examination in 2006, her 
ophthalmologist noted, ``In my medical opinion, Ms. Heather Gordon has 
sufficient field of vision to operate a commercial vehicle.'' Ms. 
Gordon reported that she has driven straight trucks for 3 years, 
accumulating 60,000 miles. She holds a Class A CDL from New Hampshire. 
Her driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

William K. Gullett

    Mr. Gullett, 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, 
20/60. Following an examination in 2006, his optometrist noted, ``In my 
medical opinion, Mr. Gullett has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Gullett 
reported that he has driven straight trucks for 3 years, accumulating 
156,000 miles. He holds a Class B CDL from Kentucky. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

George Harris

    Mr. Harris, 63, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/20 and in the left, 20/400. 
Following an examination in 2006, his optometrist noted, ``Mr. Harris 
has sufficient vision to perform the driving tasks required to operate 
a commercial motor vehicle.'' Mr. Gullett reported that he has driven 
straight trucks for 18 years, accumulating 270,000 miles. He holds a 
Class A CDL from Kansas. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

Kenneth C. Keil

    Mr. Keil, 50, has severe iris and retinal damage in his right eye 
due to a traumatic injury sustained in 1982. The best corrected visual 
acuity in his right eye is hand-motion vision and in the left, 20/20. 
Following an examination in 2006, his optometrist noted, ``I would like 
to state clearly that in my medical opinion, Ken Keil has sufficient 
vision to operate a commercial vehicle and I would recommend that he be 
allowed to do so without limits.'' Mr. Keil reported that he has driven 
straight trucks for 27 years, accumulating 129,600 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.

Robert K. Kimbel

    Mr. Kimbel, 53, has complete loss of vision in his right eye due to 
a retinal detachment sustained as a child. The visual acuity in his 
left eye is 20/20. Following an examination in 2006, his optometrist 
noted, ``He has a full vision field in the left eye which should give 
him the vision necessary to drive a commercial vehicle.'' Mr. Kimbel 
reported that he has driven straight trucks for 35 years, accumulating 
1.8 million miles. He holds a chauffeur license from Michigan. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

[[Page 12668]]

Melvin A. Kleman

    Mr. Kleman, 52, has had amblyopia in his right eye since childhood. 
The best corrected visual acuity in his right eye is 20/60 and in the 
left, 20/20. Following an examination in 2007, his optometrist noted, 
``In my opinion, Mel has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Kleman reported that he 
has driven straight trucks for 17 years, accumulating 510,000 miles, 
and tractor-trailer combinations for 34 years, accumulating 3.7 million 
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.

Roosevelt Lawson, Jr.

    Mr. Lawson, 43, has complete loss of vision in his 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 optometrist noted, 
``In my medical opinion, Mr. Lawson has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Lawson reported that he has driven straight trucks for 15 years, 
accumulating 585,000 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.

David H. Luckadoo

    Mr. Luckadoo, 58, 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 20/25 and in the left, light perception. Following an 
examination in 2006, his optometrist noted, ``He has adapted well to 
his condition and in my opinion has sufficient vision to perform the 
driving task required to operate a commercial vehicle.'' Mr. Luckadoo 
reported that he has driven straight trucks for 10 years, accumulating 
500,000 miles. He holds an operator's license from Indiana, which 
allows him to operate a vehicle with a gross weight of 16,000 pounds or 
less. His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Emanuel N. Malone

    Mr. Malone, 47, has loss of vision in his left eye due to a 
traumatic injury sustained as a child. The best corrected visual acuity 
in his right eye is 20/25 and in the left, 20/400. Following an 
examination in 2006, his optometrist noted, ``I believe that Mr. Malone 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Malone reported that he has driven straight 
trucks for 14 years, accumulating 1.4 million miles, and tractor-
trailer combinations for 14 years, accumulating 1.2 million miles. He 
holds a Class A CDL from Virginia. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Roberto E. Martinez

    Mr. Martinez, 28, has a prosthetic left eye due to a traumatic 
injury sustained at age 22. The best corrected visual acuity in his 
right eye is 20/20. Following an examination in 2006, his optometrist 
noted, ``In my medical opinion, Robert E. Martinez has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Martinez reported that he has driven tractor-trailer 
combinations for 8\1/2\ years, accumulating 680,000 miles. He holds a 
Class A CDL 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 13 mph.

Richard W. Mullenix

    Mr. Mullenix, 52, has complete loss of vision in his right eye due 
to a traumatic injury sustained as a child. The best corrected visual 
acuity in his left eye is 20/20. Following an examination in 2006, his 
optometrist noted, ``I do feel he has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Mullenix 
reported that he has driven straight trucks for 9 years, accumulating 
225,000 miles, and tractor-trailer combinations for 3 years, 
accumulating 288,000 miles. He holds a Class A CDL from Missouri. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Steven A. Proctor

    Mr. Proctor, 36, has had amblyopia in his right eye since 
childhood. The best corrected visual acuity in his right eye is 20/70 
and in the left, 20/20. Following an examination in 2006, his 
optometrist noted, ``In my medical opinion, Mr. Proctor has sufficient 
vision to perform the driving tasks to operate a commercial vehicle.'' 
Mr. Proctor reported that he has driven tractor-trailer combinations 
for 7 years, accumulating 472,500 miles. He holds a Class A CDL from 
Nevada. His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

George K. Sizemore

    Mr. Sizemore, 26, has a choroidal rupture in his right eye due to a 
traumatic injury sustained in 1995. The best corrected visual acuity in 
his right eye is 20/400 and in the left, 20/20. Following an 
examination in 2006, his optometrist noted, ``In my medical opinion, 
with the excellent visual acuity of the left eye and the satisfactory 
field of vision with both eyes, Mr. Sizemore has sufficient vision to 
perform the driving tasks to operate a commercial vehicle.'' Mr. 
Sizemore reported that he has driven tractor-trailer combinations for 5 
years, accumulating 300,000 miles. He holds a Class A CDL from North 
Carolina. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Robert N. Taylor

    Mr. Taylor, 61, has complete loss of vision in his right eye due to 
a traumatic injury sustained in 1969, which resulted in an opacified 
cornea. The best corrected visual acuity in his left eye is 20/25. 
Following an examination in 2006, his optometrist noted, ``I feel this 
patient has adequate visual acuity and visual field to operate a 
commercial vehicle.'' Mr. Taylor reported that he has driven straight 
trucks for 2 years, accumulating 30,000 miles, and tractor-trailer 
combinations for 30 years, accumulating 3 million miles. He holds a 
Class A CDL from Oregon. 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 15 mph.

Manuel A. Vargas

    Mr. Vargas, 39, has loss of vision in his left eye due to a retinal 
detachment sustained as a child. 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, ``In my professional 
opinion, Manuel has sufficient vision to perform driving tasks required 
to operate a commercial vehicle.'' Mr. Vargas reported that he has 
driven straight trucks for 12 years, accumulating 30,000 miles, and 
tractor-trailer combinations for 12 years, accumulating 60,000 miles. 
He holds a Class A CDL from Arizona. 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

[[Page 12669]]

comments received before the close of business April 16, 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: March 12, 2007.
Pamela M. Pelcovits,
Office Director, Policy Plans and Regulations.
 [FR Doc. E7-4841 Filed 3-15-07; 8:45 am]
BILLING CODE 4910-EX-P