[Federal Register Volume 72, Number 228 (Wednesday, November 28, 2007)]
[Notices]
[Pages 67340-67344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23106]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket ID FMCSA-2007-0017]


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 December 28, 2007.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2007-0017 using any of the 
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
     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: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket ID for 
this Notice. Note that DOT posts all comments received without change 
to http://www.regulations.gov, including any personal information 
included in a comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or Room W12-140 
on the ground level of the West Building, 1200 New Jersey

[[Page 67341]]

Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays. The FDMS 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 19477-78; Apr. 11, 2000). 
This information is also available at http://Docketinfo.dot.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Chief, Physical 
Qualifications Division, (202) 366-4001, [email protected], FMCSA, 
Department of Transportation, 1200 New Jersey Avenue, SE., Room W64-
224, 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

Thomas E. Anderson

    Mr. Anderson, age 53, has complete loss of vision in his left eye 
due to a traumatic injury sustained 35 years ago. The best corrected 
visual acuity in his right eye is 20/20. Following an examination in 
2007, his optometrist noted, ``Mr. Anderson has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Anderson reported that he has driven straight trucks for 35 years, 
accumulating 1.6 million miles. He holds a Class C operator's license 
from Washington. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Garry A. Baker

    Mr. Baker, 45, has a macular scar in his right eye due to an ocular 
injury sustained 25 years ago. The best corrected visual acuity in his 
right eye is 20/400 and in the left, 20/20. Following an examination in 
2007, his ophthalmologist noted, ``I believe that despite Mr. Baker's 
small central visual field defect and relatively poor vision in the 
right eye, his left eye is absolutely normal and the right eye has more 
than adequate visual field remaining to be able to perform the driving 
task required to operate a commercial vehicle for driving.'' Mr. Baker 
reported that he has driven straight trucks for 29 years, accumulating 
499,989 miles. He holds a Class A Commercial Driver's License (CDL) 
from Ohio. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Richard D. Becotte

    Mr. Becotte, 30, has central loss of vision in his left eye due to 
a large macular scar. The best corrected visual acuity in his right eye 
is 20/20 and in the left, 20/400. Following an examination in 2007, his 
optometrist noted, ``His ocular health is otherwise normal and the 
reduced central vision he has in his left eye does not prevent him from 
operating a commercial vehicle in a safe manner because he has a 
perfectly normal and healthy right eye to compensate adequately.'' Mr. 
Becotte reported that he has driven straight trucks for 10 years, 
accumulating 250,000 miles. He holds a Class A CDL from New Hampshire. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Timothy W. Bickford

    Mr. Bickford, 58, 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, 20/20. Following an examination in 2007, his 
optometrist noted, ``Therefore, in my opinion, because he has held a 
commercial license for a number of years without incident, I see no 
visual reason to deny him continuance of his commercial license.'' Mr. 
Bickford reported that he has driven straight trucks for 30 years, 
accumulating 1.1 million 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.

James E. Blazer

    Mr. Blazer, 75, has had macular degeneration in his right eye since 
2003. 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, his vision is 
sufficient to perform the tasks required to operate a commercial 
vehicle.'' Mr. Blazer reported that he has tractor-trailer combinations 
for 50 years, accumulating 6.9 million miles. He holds a Class D 
operator's license from Tennessee. His driving record for the last 3 
years shows no crashes and one conviction for a moving violation in a 
CMV, passing vehicles in a no passing zone.

Terry S. Brookshire, Jr.

    Mr. Brookshire, 29, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is light perception and 
in the left, 20/15. Following an examination in 2007, his optometrist 
noted, ``In my opinion, Mr. Steven has sufficient vision to perform the 
tasks required to operate commercial vehicles. Mr. Brookshire reported 
that he has driven straight trucks for 5 years, accumulating 110,000 
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.

Wayne A. Burnett

    Mr. Burnett, 44, has complete loss of vision in his right eye due 
to an injury sustained in 1997. The best corrected visual acuity in his 
left eye is 20/20. Following an examination in 2007, his optometrist 
noted, ``Wayne has sufficient vision to perform driving a commercial 
vehicle. Mr. Burnett reported that he has driven straight trucks for 2 
years, accumulating 420,000 miles. He holds a Class A CDL from North 
Carolina. His driving record for the last 3 years shows one crash and 
no convictions for moving violations in a CMV.

Theodore W. Cozat

    Mr. Cozat, 64, has had a prosthetic right eye since childhood due 
to a birth defect. The best corrected visual acuity in his right eye is 
no light perception and in the left, 20/20. Following an examination in 
2007, his optometrist noted, ``In my medical opinion, he has the vision 
to operate a commercial vehicle safely, as he has done so for the

[[Page 67342]]

past 33 years with a reportedly clean driving record. Mr. Cozat 
reported that he has driven tractor-trailer combinations for 17 years, 
accumulating 884,000 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.

Zibbie L. Dawsey

    Mr. Dawsey, 72, has a prosthetic right eye as a result of retinal 
detachment sustained in 1994. The best corrected visual acuity in his 
left eye is 20/25. Following an examination in 2007, his 
ophthalmologist noted, ``This gentleman has for a number of years 
demonstrated that he can operate a commercial vehicle despite the fact 
he has lost his right eye. I would recommend that his waiver be granted 
for continued commercial operation.'' Mr. Dawsey reported that he has 
driven straight trucks for 12 years, accumulating 300,000 miles, and 
tractor-trailer combinations for 18 years, accumulating 450,000 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.

Alex G. Dlugolenski

    Mr. Dlugolenski, 57, has had amblyopia in his right eye since 
childhood. The best corrected visual acuity in his right eye is count-
finger vision and in the left, 20/20. Following an examination in 2007, 
his optometrist noted, ``Mr. Dlugolenski is well adapted to his vision 
and in my medical opinion capable of operating a commercial vehicle in 
interstate commerce.'' Mr. Dlugolenski reported that he has driven 
straight trucks for 30 years, accumulating 300,000 miles. He holds a 
Class D operator's license from Connecticut. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Karen Y. Duvall

    Ms. Duvall, 48, has had amblyopia in her left eye since birth. The 
best corrected visual acuity in her right eye is 20/20 and in the left, 
20/200. Following an examination in 2007, her ophthalmologist noted, 
``In my opinion, Karen Duvall has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Ms. Duvall 
reported that she has driven tractor-trailer combinations for 24 years, 
accumulating 3 million 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.

Gordon R. Fritz

    Mr. Fritz, 45, 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 2007, his optometrist noted, 
``Mr. Fritz has sufficient vision to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Fritz reported that he has 
driven straight trucks for 1 year, accumulating 500 miles, and tractor-
trailer combinations for 8 years, accumulating 480,000 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 CMV.

John A. Graham

    Mr. Graham, 57, has had corneal laceration and 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 2007, his ophthalmologist 
noted, ``I see not contraindication to operate a commercial vehicle 
with the knowledge that he is monocular and should be wearing safety 
glasses at all times.'' Mr. Graham reported that he has driven straight 
trucks for 34 years, accumulating 11.2 million 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.

Jimmy D. Gregory

    Mr. Gregory, 67, has complete loss of vision in his right eye due 
to a detached retina and optic nerve atrophy as a result of 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 optometrist 
noted, ``I think Mr. Gregory has sufficient vision for driving a 
commercial vehicle.'' Mr. Gregory reported that he has driven straight 
trucks for 10 years, accumulating 100,000 miles, and tractor-trailer 
combinations for 3 years, accumulating 75,000 miles. He holds a Class A 
CDL from Arkansas. 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.

Taras G. Hamilton

    Mr. Hamilton, 41, has had 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 2007, his optometrist 
noted, ``It is my opinion that Taras should be exempt from vision 
standards for his left eye, since his right eye is within normal limits 
(no restrictions).'' Mr. Hamilton reported that he has driven straight 
trucks for 7 years, accumulating 299,999 miles, tractor-trailer 
combinations for 10 years, accumulating 700,000 miles, and buses for 1 
year, accumulating 30,000 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.

Larry K. Lentz

    Mr. Lentz, 51, 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 ophthalmologist 
noted, ``In my medial opinion, Mr. Lentz has sufficient vision or 
visual field to operate a commercial vehicle.'' Mr. Lentz reported that 
he has driven straight trucks for 2 years, accumulating 90,000 miles, 
and tractor-trailer combinations for 20 years, accumulating 1.5 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.

Boleslaw Makowski

    Mr. Makowski, 58, has age related macular degeneration in his left 
eye since 1994. The best corrected visual acuity in his right eye is 
20/25 and in the left, 20/200. Following an examination in 2007, his 
optometrist noted, ``With proper rear view mirrors and appropriate 
caution considering his limitations in his left eye, I feel Mr. 
Makowski can still operate a commercial vehicle.'' Mr. Makowski 
reported that he has driven straight trucks for 1 year, accumulating 
3,000 miles, and tractor-trailer combinations for 24 years, 
accumulating 1.9 million miles. He holds a Class A CDL from Wisconsin. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Joseph W. Meacham

    Mr. Meacham, 45, 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 20/400 and in the left, 20/20. Following an 
examination in 2007, his optometrist noted, ``It is my opinion that 
Joseph has sufficient vision to perform as a commercial operator of 
vehicles.'' Mr.

[[Page 67343]]

Meacham reported that he has driven straight trucks for 2 years, 
accumulating 500,000 miles, and tractor-trailer combinations for 13 
years, accumulating 4.7 million 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.

Charles M. Moore

    Mr. Moore, 52, has mild edema and a cataract removal from his left 
eye. The visual acuity in his right eye is 20/25 and in the left, 20/
50. Following an examination in 2007, his ophthalmologist noted, ``In 
my medical opinion, he has sufficient vision to perform all the driving 
tasks required to operate a commercial vehicle, and is able to 
distinguish red, green, and amber traffic signals.'' Mr. Moore reported 
that he has driven straight trucks for 20 years, accumulating 100,000 
miles, and tractor-trailer combinations for 10 years, accumulating 
150,000 miles. He holds a Class A CDL from Texas. 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.

Anthony D. Ovitt

    Mr. Ovitt, 44, has had a retinal scar in his left eye since birth. 
The best corrected visual acuity in his right eye is 20/20 and in the 
left, 20/80. Following an examination in 2007, his optometrist noted, 
``With the excellent acuity of the right eye and the normal fields of 
both eyes, I certify that Mr. Ovitt's vision is sufficient to operate a 
commercial vehicle safely.'' Mr. Ovitt reported that he has driven 
straight trucks for 2 years, accumulating 40,000 miles, and tractor-
trailer combinations for 9 years, accumulating 900,000 miles. He holds 
a Class A CDL from Vermont. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

John R. Parsons, III

    Mr. Parsons, 47, 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 2007, his optometrist noted, 
``This condition is stable and in my opinion based on the physical 
examination of Mr. Parsons through all the perimeters of standard 
vision, Mr. Parson demonstrates the ability required to perform duties 
driving a commercial vehicle as long as he wears corrective lenses, 
either in the form of eye glasses or contact lenses.'' Mr. Parsons 
reported that he has driven tractor-trailer combinations for 8 years, 
accumulating 1 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.

Steven S. Reinsvold

    Mr. Reinsvold, 45, has had amblyopia 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 2007, his optometrist noted, 
``He shows normal color vision capability and, in my opinion, has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Reinsvold reported that he has driven 
straight trucks for 25 years, accumulating 750,000 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 CMV.

Michael J. Richard

    Mr. Richard, 48, has had constant alternating exotropia since 
birth. The best corrected visual acuity in his right eye is 20/20 and 
in the left, 20/20. Due to his condition, Mr. Richard lacks binocular 
vision. Following an examination in 2007, his optometrist noted, ``In 
my opinion, Mr. Richard has vision adequate to drive a commercial 
vehicle, especially in light of his long work history doing this very 
job with an apparently successful track record.'' Mr. Richard reported 
that he has driven straight trucks for 17 years, accumulating 544,986 
miles, and tractor-trailer combinations for 15 years, accumulating 1.3 
million miles. He holds a Class A CDL from Lousiana. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Glenn T. Riley

    Mr. Riley, 48, 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 2007, his ophthalmologist 
noted, ``There is no ocular contraindication for operating a commercial 
vehicle.'' Mr. Riley reported that he has driven straight trucks for 15 
years, accumulating 1.3 million miles, and tractor-trailer combinations 
for 15 years, accumulating 1.1 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.

George E. Todd

    Mr. Todd, 59, has complete 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. Following an examination in 2007, his 
ophthalmologist noted, ``In opinion, this gentleman has sufficient 
vision to perform driving tasks that are required to operate a 
commercial vehicle.'' Mr. Todd reported that he has driven straight 
trucks for 12 years, accumulating 600,000 miles, and tractor-trailer 
combinations for 12 years, accumulating 1 million miles. He holds a 
Class A CDL from West Virginia. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Gary S. Warren

    Mr. Warren, 43, 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 ophthalmologist 
noted, ``In my medical opinion, he does have sufficient vision to 
operate a commercial vehicle out of his left eye.'' Mr. Warren reported 
that he has driven straight trucks for 22 years, accumulating 440,000 
miles, and tractor-trailer combinations for 4 years, accumulating 120 
miles. He holds a Class A CDL from Iowa. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Bradley A. Weiser

    Mr. Weiser, 41, has had amblyopia in his right eye since childhood. 
The best corrected visual acuity in his right eye is 20/50 and in the 
left, 20/20. Following an examination in 2007, his optometrist noted, 
``In my medical opinion, this patient has sufficient vision, to perform 
the driving tasks required to operate a commercial vehicle out of his 
left eye.'' Mr. Weiser reported that he has driven tractor-trailer 
combinations for 14 years, accumulating 1.1 million miles. He holds a 
Class A CDL from Ohio. 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 12 mph.

Eddie L. Williams

    Mr. Williams, 42, has had reduced vision in his right eye since 
childhood. The best corrected visual acuity in his right eye is hand-
motion vision and in the left, 20/15. Following an examination in 2007, 
his ophthalmologist noted, ``the patient has sufficient vision to 
perform the driving tasks required to operate a commercial

[[Page 67344]]

vehicle.'' Mr. Williams reported that he has driven tractor-trailer 
combinations for 4 years, accumulating 120,000 miles. He holds a Class 
A CDL from Nevada. His driving record for the last 3 years shows one 
crash 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 December 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: November 19, 2007.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E7-23106 Filed 11-27-07; 8:45 am]
BILLING CODE 4910-EX-P