[Federal Register Volume 73, Number 57 (Monday, March 24, 2008)]
[Notices]
[Pages 15567-15570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5857]



[[Page 15567]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket ID: FMCSA-2008-0021]


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 April 23, 2008.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2008-0021 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 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 19476; Apr. 11, 2000). This 
information is also available at http://Docketinfo.dot.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical 
Programs, (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

Gerald L. Anderson

    Mr. Anderson, age 60, has had loss of vision in his left eye due to 
a macular scar since 1993. The best corrected visual acuity in his 
right eye is 20/20 and in the left, 20/300. Following an examination in 
2007, his optometrist noted, ``Reviewing the results of the exam, I 
believe he has sufficient vision to operate a commercial vehicle.'' Mr. 
Anderson reported that he has driven buses for 10 years, accumulating 
341,500 miles. He holds a Class A CDL from Washington. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Leo G. Becker

    Mr. Becker, 30, has retinal scaring in his left eye due to a 
traumatic injury sustained as a child. The best corrected visual acuity 
in his right eye is 20/20 and in the left, 20/150. Following an 
examination in 2008, his optometrist noted, ``In my opinion, Mr. Becker 
should have no visual reason why he can not operate a commercial 
vehicle.'' Mr. Becker reported that he has driven straight trucks 6 
years, accumulating 156,000 miles. He holds a Class C operator's 
license from Kansas. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Delmas C. Bergdoll

    Mr. Bergdoll, 60, has had loss of vision in his right eye due to a 
traumatic injury sustained in 2004. The best corrected visual acuity in 
his right eye is 20/80 and in the left, 20/20. Following an examination 
in 2007, his optometrist noted, `` I certify, in my opinion that Delmas 
Bergdoll has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Bergdoll reported that he has 
driven straight trucks for 37 years, accumulating 2.4 million miles, 
and tractor-trailer combinations for 37 years, accumulating 2.4 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.

Stanley W. Davis

    Mr. Davis, 52, has a macular scar in his right eye due to a 
traumatic injury since childhood. The best corrected visual acuity in 
his right eye is 20/80 and in the left, 20/15. Following an examination 
in 2007, his optometrist noted, ``It is my expert opinion that Mr. 
Davis' vision is sufficient enough to safely operate a commercial 
vehicle.'' Mr. Davis reported that he has driven straight trucks for 18 
years, accumulating 225,000 miles, and tractor-trailer combinations for 
31 years, accumulating 3.3 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.

Marvin T. Fowler

    Mr. Fowler, 57, has had ambylopia in his right eye since childhood. 
The best corrected visual acuity in his right eye is 20/80 and in the 
left, 20/25. Following an examination in 2007, his

[[Page 15568]]

optometrist noted, ``In my opinion, Mr. Fowler currently has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Fowler reported that he has driven tractor-trailer 
combinations for 20 years, accumulating 3.2 million 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.

Sean O. Feeny

    Mr. Feeny, 44, has a retinal scar in his left eye due to an 
infection since 1980. The best corrected visual acuity in his right eye 
is 20/20 and in the left, 20/60. Following an examination in 2007, his 
optometrist noted, ``In my opinion, Mr. Feeny has sufficient vision to 
operate a commercial vehicle.'' Mr. Feeny reported that he has driven 
straight trucks for 3 years, accumulating 75,000 miles, and tractor-
trailer combinations for 4 months, accumulating 25,000 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.

Michael J. Frein

    Mr. Frein, 47, has glaucoma, histoplasmasis, and retinal detachment 
since 1999. The best corrected visual acuity in his right eye is 20/20 
and in the left, count-finger vision. Following an examination in 2007, 
his optometrist noted, ``In my opinion, Mr. Frein does have sufficient 
enough vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Frein reported that he has driven straight 
trucks for 31 years, accumulating 1.1 million miles. He holds a Class D 
operator's license from Iowa. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Jimmy G. Hall

    Mr. Hall, 65, has had a macular scar in his left eye due to 
toxocariasis since 1999. 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, ``In our medical opinion, Mr. Hall has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Hall reported that he has driven tractor-
trailer combinations for 20 years, accumulating 2.4 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.

Dennis R. Irvin

    Mr. Irvin, 55, has had amblyopia in his right eye since childhood. 
The best corrected visual acuity in his right eye is 20/20 and in the 
left, 20/70. Following an examination in 2007, his optometrist noted, 
``In my opinion, Mr. Irvin has sufficient vision to operate a 
commercial motor vehicle.'' Mr. Irvin reported that he has driven 
straight trucks for 35 years, accumulating 616,875 miles. He holds a 
Class B CDL from Massachusetts. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Mark L. LeBlanc

    Mr. LeBlanc, 39, 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, 20/20. Following an examination in 2007, his 
optometrist noted, ``I believe Mark has sufficient vision to safely 
perform the driving tasks required to operate a commercial motor 
vehicle.'' Mr. LeBlanc reported that he has driven straight trucks for 
21 years, accumulating 630,000 miles, and tractor-trailer combinations 
for 17 years, accumulating 340,000 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.

Keith A. Lighthall

    Mr. Lighthall, 44, has had amblyopia in his left eye since 
childhood. The visual acuity in his right eye is 20/20 and in the left, 
20/100. Following an examination in 2007, his ophthalmologist noted, 
``From my evaluation, with both eyes, this patient has sufficient 
vision and a full visual field to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Lighthall reported that he has 
driven straight trucks for 9\1/2\ years, accumulating 32,300 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.

Michael G. Martin

    Mr. Martin, 38, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/20 and in the left, 20/50. 
Following an examination in 2007, his optometrist noted, ``Has 
sufficient vision to perform driving tasks required to operate a 
commercial vehicle.'' Mr. Martin reported that he has driven straight 
trucks for 19 years, accumulating 1.5 million miles. He holds a Class B 
CDL from Massachusetts. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

Paul M. Matherne

    Mr. Matherne, 44, has had amblyopia in his right eye since 
childhood. The 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, Mr. Matherne has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Matherne reported 
that he has driven straight trucks for 25 years, accumulating 1.3 
million miles. He holds a Class D chauffeur license from Louisiana. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

David A. Miller

    Mr. Miller, 45, has complete loss of vision in his right eye due to 
a traumatic injury sustained as a child. The visual acuity in his right 
eye is 20/20. Following an examination in 2007, his optometrist noted, 
``In my opinion, Mr. Miller has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Miller 
reported that he has driven straight trucks for 8 years, accumulating 
100,000 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.

Justin T. Richman

    Mr. Richman, 34, has had optic atrophy in his left eye since 
childhood. The best corrected visual acuity in his right eye is 20/20 
and in the left, 20/70. Following an examination in 2007, his 
ophthalmologist noted, ``In my opinion, Mr. Richman has sufficient 
vision to perform the driving task required to operate a commercial 
vehicle.'' Mr. Richman reported that he has driven straight trucks for 
4 years, accumulating 200,000 miles, and tractor-trailer combinations 
for 12 years, accumulating 492,000 miles. He holds a Class A CDL from 
Illinois. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Steve J. Sherar

    Mr. Sherar, 49, has complete loss of vision in his left eye due to 
optic nerve damage since 2002. The visual acuity in his right eye is 
20/30. Following an examination in 2007, his ophthalmologist noted, 
``He appears to have sufficient vision to perform the

[[Page 15569]]

driving task required to operate a commercial vehicle.'' Mr. Sherar 
reported that he has driven straight trucks for 10 years, accumulating 
125,000 miles, and tractor-trailer combinations for 5 years, 
accumulating 150,000 miles. He holds a Class D operator's license from 
Arizona. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Robert F. Skinner, Jr.

    Mr. Skinner, 51, has had amblyopia in his right eye since birth. 
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, 
``Has sufficient vision to operate a commercial vehicle in my 
opinion.'' Mr. Skinner reported that he has driven straight trucks for 
3 years, accumulating 114,999 miles. He holds a Class B CDL from New 
York. His driving record for the last 3 years shows no crashes and one 
conviction for a moving violation in a CMV, failure to obey a traffic 
device.

William T. Smiley

    Mr. Smiley, 36, has a retinal detachment in his left eye due to 
traumatic injury sustained in 2003. The visual acuity in his right eye 
is 20/20 and in the left, hand-motion vision. Following an examination 
in 2008, his ophthalmologist noted, ``Based on my opinion and your 
formal testing, you do have sufficient vision to drive a commercial 
vehicle.'' Mr. Smiley reported that he has driven straight trucks for 7 
years, accumulating 126,000 miles. He holds a Class B CDL from 
Maryland. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Richard M. Smith

    Mr. Smith, 42, has complete loss of vision in his right eye due to 
a traumatic injury sustained at age 10. The best corrected visual 
acuity in his left eye is 20/15. Following an examination in 2007, his 
optometrist noted, ``It is my professional opinion that Mr. Smith has 
sufficient vision to drive a commercial vehicle.'' Mr. Smith reported 
that he has driven straight trucks for 4 years, accumulating 10,000 
miles, and tractor-trailer combinations for 5 years, accumulating 
200,000 miles. He holds a Class A CDL from Colorado. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Robert A. Stoeckle

    Mr. Stoeckle, 58, has amblyopia in his right eye since childhood. 
The best corrected visual acuity in his right eye is count-finger 
vision and in the left, 20/40. Following an examination in 2007, his 
ophthalmologist noted, ``In my medical opinion his vision has allowed 
him to drive a commercial vehicle in the past and since his examination 
is unchanged, he should be able to continue driving a commercial 
vehicle.'' Mr. Stoeckle reported that he has driven straight trucks for 
10 years, accumulating 200,000 miles. He holds a Class D operator's 
license from Kentucky. His driving record for the last 3 years shows 
one crash and one conviction for a moving violation in a CMV. He 
exceeded the speed limit by 10 mph.

Aaron S. Taylor

    Mr. Taylor, 37, 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 
ophthalmologist noted, ``In my medical opinion, Mr. 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 2\1/2\ years, accumulating 82,500 miles, and tractor-trailer 
combinations for 8 years, accumulating 290,000 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.

Martin L. Taylor, Jr.

    Mr. Taylor, 31, 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, 
``In my opinion, Mr. Martin exhibits sufficient vision to operate a 
commercial vehicle based upon his testing today.'' Mr. Taylor reported 
that he has driven straight trucks for 8 years, accumulating 192,000 
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.

Marion E. Terry

    Mr. Terry, 72, has had central scotoma in his left eye since 1960. 
The best corrected visual acuity in his right eye is 20/20 and in the 
left, 20/200. Following an examination in 2007, his ophthalmologist 
noted, ``His color vision is normal and in my opinion, he should have 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Terry reported that he has driven straight 
trucks for 7\1/2\ years, accumulating 228,750 miles, and tractor-
trailer combinations for 36 years, accumulating 4.7 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. Tisher

    Mr. Tisher, 62, has a prosthetic left eye due to a traumatic injury 
sustained in 1993. The visual acuity in his right eye is 20/20. 
Following an examination in 2007, his optometrist noted, ``I do feel 
that Mr. Tisher has sufficient vision to qualify for driving tasks of a 
commercial vehicle.'' Mr. Tisher reported that he has driven straight 
trucks for 39 years, accumulating 1.1 million miles, and tractor-
trailer combinations for 39 years, accumulating 390,000 miles. He holds 
a Class A CDL from Alaska. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Gary R. Thomas

    Mr. Thomas, 59, has had macular retinal detachment in his right eye 
since 2004. The best corrected visual acuity in his right eye is hand-
motion vision and in the left, 20/20. Following an examination in 2007, 
his optometrist noted, ``It is my opinion that Mr. Thomas has 
sufficient vision O.S. (left eye) to operate a commercial vehicle and 
perform required tasks to operate said vehicle.'' Mr. Thomas reported 
that he has driven straight trucks for 44 years, accumulating 1.2 
million miles, and tractor-trailer combinations for 28 years, 
accumulating 1.4 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.

William B. Thomas

    Mr. Thomas, 50, has central serous choroidopathy in his right eye. 
The best corrected visual acuity in his right eye is 20/80 and in the 
left, 20/20. Following an examination in 2007, his ophthalmologist 
noted, ``In my medical opinion, Mr. Thomas has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Thomas reported that he has driven straight trucks for 10 years, 
accumulating 175,000 miles. He holds a Class D operator's license from 
South Carolina. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

[[Page 15570]]

Dean A. Weaver

    Mr. Weaver, 41, 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, 
``In my opinion, there is no change in his medical/visual condition and 
he has sufficient vision to perform the driving tasks required to drive 
a commercial vehicle.'' Mr. Weaver reported that he has driven straight 
trucks for 6 years, accumulating 138,000 miles. He holds a Class B CDL 
from Pennsylvania. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Kevin R. White

    Mr. White, 30, has had exotropia in his right eye since childhood. 
The best corrected visual acuity in his right eye is hand-motion vision 
and in the left, 20/20. Following an examination in 2007, his 
optometrist noted, ``In my opinion, Mr. White has sufficient vision to 
perform the driving tasks associated with driving a commercial 
vehicle.'' Mr. White reported that he has driven straight trucks for 2 
years, accumulating 110,000 miles, and tractor-trailer combinations for 
8 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 
one conviction for a moving violation, speeding in a CMV. He exceeded 
the speed limit by 9 mph.

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 April 23, 2008. 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 18, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E8-5857 Filed 3-21-08; 8:45 am]
BILLING CODE 4910-EX-P