[Federal Register Volume 72, Number 159 (Friday, August 17, 2007)]
[Notices]
[Pages 46261-46263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16201]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2007-28695]


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: The FMCSA announces receipt of applications from 19 
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 September 17, 2007.

ADDRESSES: You may submit comments identified by Department of 
Transportation (DOT) Docket Management System (DMS) Docket Number 
FMCSA-2007-28695 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, 1200 New Jersey Avenue, SE., West Building, Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: Room W12-140 on the ground level of the 
West Building, 1200 New Jersey Avenue, SE., 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 W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue, SE., 
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 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, FMCSA, Room W64-224, U.S. 
Department of Transportation, 1200 New Jersey Avenue, SE., 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.'' The FMCSA can renew 
exemptions at the end of each 2-year period. The 19 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

Dean N. Brown

    Mr. Brown, age 42, has loss of vision in his right eye due to a 
traumatic injury sustained as a child. The visual acuity in his right 
eye is 20/400 and in the left, 20/20. Following an examination in 2007, 
his optometrist noted, ``I certify that Dean has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Brown reported that he has driven straight trucks for 23 years, 
accumulating 115,000 miles, and tractor-trailer combinations for 11 
years, accumulating 55,000 miles. He holds a Class A Commercial 
Driver's License (CDL) from Maine. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

James F. Cain, Sr.

    Mr. Cain, 44, has had a corneal scar in his right eye since 1997. 
The best corrected visual acuity in his right eye is 20/150 and in the 
left, 20/20. Following an examination in 2007, his optometrist noted, 
``It is my opinion, Mr. Cain has sufficient vision to perform the tasks 
required to operate a commercial vehicle.'' Mr. Cain reported that he 
has driven straight trucks for 14 years, accumulating 145,600 miles. He 
holds a Class B CDL from Ohio. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

[[Page 46262]]

David N. Cleveland

    Mr. Cleveland, 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, 20/200. Following an examination in 2007, his 
optometrist noted, ``It is my medical opinion that because of Mr. 
Cleveland's considerable driving experience and the results of my 
examinations, he has sufficient vision when wearing corrective lenses 
to operate a commercial vehicle.'' Mr. Cleveland reported that he has 
driven straight trucks for 29 years, accumulating 145,000 miles, and 
tractor-trailer combinations for 23 years, accumulating 115,000 miles. 
He holds a Class A CDL from Maine. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Matthew R. Floyd

    Mr. Floyd, 37, has a macular scar with epiretinal membrane 
formation in his right eye due to a traumatic injury sustained in 2003. 
The visual acuity in his right eye is 20/50 and in the left, 20/20. 
Following an examination in 2007, his optometrist noted, ``It is my 
opinion, Mr. Floyd's visual deficit does not impact his ability to 
operate a commercial vehicle.'' Mr. Floyd reported that he has driven 
tractor-trailer combinations for 12 years, accumulating 480,000 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.

Nicholas A. Gotelaere

    Mr. Gotelaere, 57, has optic atrophy 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, 20/400. Following an examination in 2007, 
his optometrist noted, ``I feel that he does have the sufficient vision 
to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Gotelaere reported that he has driven straight trucks 
for 26 years, accumulating 130,000 miles. He holds a Class D operator's 
license from Wisconsin. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a

Christian L. Gremillion

    Mr. Gremillion, 33, has had strabismus since childhood. The visual 
acuity in his right eye is 20/20 and in the left, 20/25. As a result of 
his condition, he lacks binocular vision. Following an examination in 
2007, his ophthalmologist noted, ``This patient has sufficient vision 
to operate a commercial vehicle and he has no eye disease that would 
change this.'' Mr. Gremillion reported that he has driven tractor-
trailer combinations for 7 years, accumulating 756,000 miles. He holds 
a Class A CDL from Louisiana. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Valerie L. Kaune

    Ms. Kaune, 47, has had amblyopia in her right eye since birth. The 
best corrected visual acuity in her right eye is 20/50 and in the left, 
20/20. Following an examination in 2007, her optometrist noted, ``In my 
professional opinion, Valerie has sufficient vision, including field of 
vision, to perform the driving tasks required to operate a commercial 
vehicle.'' Ms. Kaune reported that she has driven straight trucks for 
10 years, accumulating 1.1 million miles, and tractor-trailer 
combinations for 2\1/2\ years, accumulating 319,375 miles. She holds a 
Class A CDL from Texas. Her driving record for the last 3 years shows 
no crashes and one conviction for a moving violation, speeding in a 
CMV. She exceeded the speed limit by 10 mph.

Frank D. Konwinski, Jr.

    Mr. Konwinski, 74, has complete loss of vision in his left eye due 
to a severed optic nerve as the result of a traumatic injury sustained 
in 1958. The best corrected visual acuity in his right eye is 20/25. 
Following an examination in 2006, his ophthalmologist noted, ``I 
certify that in my medical opinion, Mr. Frank Dennes Konwinski, Jr., 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Konwinski reported that he has driven 
straight trucks for 57 years, accumulating 90,060 miles, and tractor-
trailer combinations for 10 years, accumulating 25,000 miles. He holds 
a Class O operator's license from Nebraska, which allows him to drive 
any non-commercial vehicle except motorcycles. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Jason E. Mallette

    Mr. Mallette, 48, has a prosthetic right eye since 1969 due to 
disease caused by a parasite. The best corrected visual acuity in his 
left eye is 20/15. Following an examination in 2007, his 
ophthalmologist noted, ``Patient has vision capable of operating a 
commercial vehicle.'' Mr. Mallette reported that he has driven straight 
trucks for 3 years, accumulating 60,000 miles, and tractor-trailer 
combinations for 23 years, accumulating 506,000 miles. He holds a Class 
A CDL from Mississippi. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

Richard K. Mell

    Mr. Mell, 61, has had amblyopia in his right eye since childhood. 
The best corrected visual acuity in his right eye is 20/200 and in the 
left, 20/25. Following an examination in 2007, his optometrist noted, 
``In my opinion, Mr. Mell has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Mell reported 
that he has driven tractor-trailer combinations for 15 years, 
accumulating 1.5 million miles. He holds a Class A CDL from Virginia. 
His driving record for the last 3 years shows two crashes, both of 
which he was cited for, and no convictions for moving violations in a 
CMV.

Christian E. Merseth

    Mr. Merseth, 61, has a prosthetic right eye due to a traumatic 
injury sustained in 1971. The best corrected visual acuity in his left 
eye is 20/10. Following an examination in 2007, his optometrist noted, 
``Patient has better than standard vision to in left eye and his visual 
field is adequate to operate a commercial motor vehicle.'' Mr. Merseth 
reported that he has driven tractor-trailer combinations for 9 years, 
accumulating 810,000 miles. He holds a Class A CDL from Minnestoa. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Luis C. Najera

    Mr. Najera, 40, has had amblyopia in his right eye since childhood. 
The best corrected visual acuity in his right eye is 20/200 and in the 
left, 20/25. Following an examination in 2007, his ophthalmologist 
noted, ``In my medical opinion, he has sufficient vision to perform the 
driving task required to operate a commercial vehicle.'' Mr. Najera 
reported that he has driven straight trucks for 3 years, accumulating 
120,000 miles, and tractor-trailer combinations for 20 years, 
accumulating 2.3 million miles. He holds a Class A CDL from Texas. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Kenneth D. Perkins

    Mr. Perkins, 45, 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.

[[Page 46263]]

Following an examination in 2007, his optometrist noted, ``Patient has 
sufficient vision to perform driving tasks required to operate a 
commercial vehicle.'' Mr. Perkins reported that he has driven tractor-
trailer combinations for 7 years, accumulating 560,000 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.

Terry W. Pope

    Mr. Pope, 42, has a prosthetic left eye due to a traumatic injury 
sustained as a child. The visual acuity in his right eye is 20/20. 
Following an examination in 2007, his ophthalmologist noted, ``I, Dr. 
Atnip, certify that in my medical opinion, Terry W. Pope has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Pope reported that he has driven straight trucks for 16 
years, accumulating 480,000 miles. He holds a Class A CDL from 
Tennessee. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Daniel T. Rhodes

    Mr. Rhodes, 52, has a prosthetic right eye due to a retinal 
detachment caused by a genetic disease called Stickler's syndrome. The 
best corrected visual acuity in his left eye is 20/25. Following an 
examination in 2007, his ophthalmologist noted, ``In my medical 
opinion, although a one-eyed patient, he has satisfactory vision to 
perform driving tasks in order to operate a commercial vehicle.'' Mr. 
Rhodes reported that he has driven straight trucks for 31 years, 
accumulating 465,000 miles. He holds a Class B CDL from Illinois. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Stephen E. Shields

    Mr. Shields, 56, has a prosthetic left eye due to a traumatic 
injury sustained as a child. The visual acuity in his right eye is 20/
20. Following an examination in 2007, his optometrist noted, ``In my 
opinion with the long standing nature of visual impairment, Mr. Shields 
is safe to operate a commercial vehicle.'' Mr. Shields reported that he 
has driven straight trucks for 4 years, accumulating 180,000 miles, and 
tractor-trailer combinations for 24 years, accumulating 840,000 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.

Ricky J. Siebels

    Mr. Siebels, 46, has a prosthetic right eye due to a traumatic 
injury sustained as a child. The visual acuity in his left eye is 20/
15. Following an examination in 2007, his optometrist noted, ``Ricky J. 
Siebels has sufficient vision to perform the driving tasks to operate a 
commercial vehicle.'' Mr. Siebels reported that he has driven straight 
trucks for 27 years, accumulating 405,000 miles, and tractor-trailer 
combinations for 14 years, accumulating 630,000 miles. He holds a Class 
A CDL from Nebraska. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Don S. Williams

    Mr. Williams, 49, has a prosthetic 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 2007, his 
ophthalmologist noted, ``It is therefore my opinion that Mr. Williams 
has full field of vision and would not have any difficulty driving any 
type of motor vehicle.'' Mr. Williams reported that he has driven 
straight trucks for 18 years, accumulating 381,600 miles, and tractor-
trailer combinations for 6 years, accumulating 39,996 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.

Robert L. Williams, Jr.

    Mr. Williams, 44, has had a corneal scar on 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, 
``Because this corneal scar has been present since childhood, and Mr. 
Williams has safely operated a commercial vehicle for years, he can 
continue to do so.'' Mr. Williams reported that he has driven straight 
trucks for 13 years, accumulating 260,000 miles, tractor-trailer 
combinations for 13 years, accumulating 130,000 miles, and buses for 10 
years, accumulating 100,000 miles. He holds a Class A CDL from 
Mississippi. 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 September 17, 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: August 9, 2007.
Larry W. Minor,
Associate Administrator, Policy and Program Development.
 [FR Doc. E7-16201 Filed 8-16-07; 8:45 am]
BILLING CODE 4910-EX-P