[Federal Register Volume 73, Number 130 (Monday, July 7, 2008)]
[Notices]
[Pages 38497-38499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15202]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket ID. FMCSA-2008-0174]


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 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 August 6, 2008.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2008-0174 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 acknowledgment 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). This information is 
also available at http://Docketsinfo.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 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

Gary R. Andersen

    Mr. Andersen, age 45, 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, 20/100. Following an examination in 2008, his optometrist 
noted, ``It is my opinion that he does have sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Andersen reported that he has driven straight trucks for 5 years, 
accumulating 250,000 miles, and tractor-trailer combinations for 10 
years, accumulating 1.2 million miles. He holds a Class A Commercial 
Driver's License (CDL) from Nebraska. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Mitchell L. Carman

    Mr. Carman, 47, has loss of vision in his left eye due to ocular 
trauma sustained as a child. The visual acuity in his right eye is 20/
15 and in the left, light perception. Following an examination in 2007 
his optometrist noted, ``In my opinion Mr. Carman has sufficient vision 
to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Carman reported that he has driven straight trucks for 4 
years, accumulating 40,000 miles, and tractor-trailer combinations for 
27 years, accumulating 1.1 million miles. He holds a Class A CDL from 
Oklahoma. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Ivory Davis

    Mr. Davis, 68, 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, 20/25. Following an examination in 2008, his 
optometrist noted, ``Mr. Davis does have the visual abilities to drive 
commercial vehicles safely.'' Mr. Davis reported that he has driven 
straight trucks for 50 years, accumulating 2

[[Page 38498]]

million 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.

William S. Edginton

    Mr. Edginton, 79, has loss of vision in his right eye due to a 
macular hole in the retina since 1998. The best corrected visual acuity 
in his right eye is 20/300 and in the left, 20/20. Following an 
examination in 2008, his optometrist noted, ``It is my medical opinion 
that Mr. Edginton has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Edginton reported that 
he has driven straight trucks for 40 years, accumulating 2 million 
miles, and tractor-trailer combinations for 30 years, accumulating 1.2 
million miles. He holds a Class A CDL from Idaho. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Lucious J. Erwin

    Mr. Erwin, 53, has had glaucoma 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, 20/25. Following an 
examination in 2008, his optometrist noted, ``Based upon this medical 
evaluation and my professional opinion, Mr. Erwin has shown an 
exemplary driving record and has sufficient central and peripheral 
vision to operate a commercial vehicle and can recognize the colors of 
traffic control signs and devices.'' Mr. Erwin reported that he has 
driven tractor-trailer combinations for 31 years, accumulating 2.5 
million miles. He holds a Class A CDL from Texas. His driving record 
for the last 3 years shows one crash; he was cited for careless 
maneuvering; with no other vehicles involved, and no convictions for 
moving violations in a CMV.

James M. Fairman

    Mr. Fairman, 62, 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 2008, his ophthalmologist 
noted, ``In my opinion, James has sufficient vision in his right eye to 
perform the tasks required to operate a commercial vehicle.'' Mr. 
Fairman reported that he has driven straight trucks for 3 years, 
accumulating 150,000 miles, and tractor-trailer combinations for 36 
years, accumulating 2.5 million miles. He holds a Class A CDL from New 
Jersey. His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Kelly L. Foster

    Mr. Foster, 41, has optic nerve damage 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, 20/200. Following an 
examination in 2008, his optometrist noted, ``My opinion is that Kelly, 
defiantly has sufficient vision to perform any visual tasks required to 
operate a commercial vehicle.'' Mr. Foster reported that he has driven 
straight trucks for 8 years, accumulating 140,000 miles, and tractor-
trailer combinations for 6 years, accumulating 510,000 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.

Donald G. Fuechslin

    Mr. Fuechslin, 55, has had a prosthetic right eye since 1985. The 
best corrected visual acuity in his left eye is 20/15. Following an 
examination in 2008, his optometrist noted, ``It is my professional 
opinion that Mr. Fuechslin has sufficient vision to drive a commercial 
truck without risk to himself or any else.'' Mr. Fuechslin reported 
that he has driven straight trucks for 28 years, accumulating 139,636 
miles. He holds a Class C operator's license from Pennsylvania. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Donald W. Garner

    Mr. Garner, 61, has loss of vision in his left eye due to a 
traumatic injury sustained at age 20. The best corrected visual acuity 
in his right eye is 20/20 and in the left, light perception. Following 
an examination in 2008, his optometrist noted, ``In regards to the fact 
that he has been a commercial truck driver for many years, it is my 
medical opinion that from a vision standpoint he is capable to drive a 
commercial vehicle as his right eye is normal and has good vision.'' 
Mr. Garner reported that he has driven tractor-trailer combinations for 
40 years, accumulating 6 million miles. He holds a Class D operator's 
license from Alabama. 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 8 mph.

Gary J. Hambrick

    Mr. Hambrick, 52, 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 2008, his optometrist noted, ``This is to certify that I 
have carefully examined Mr. Gary Hambrick, and in my professional 
opinion, find him to have sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Hambrick reported 
that he has driven straight trucks for 7 years, accumulating 145,600 
miles, tractor-trailer combinations for 13 years, accumulating 296,400 
miles, and buses for 7 years, accumulating 73,500. He holds a Class A 
CDL from Georgia. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Franklin D. Jones

    Mr. Jones, 65, has complete 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. Following an examination in 2008, his 
optometrist noted, ``In my opinion. Mr. Jones has sufficient vision to 
operate a commercial vehicle.'' Mr. Jones reported that he has driven 
tractor-trailer combinations for 32 years, accumulating 4 million 
miles. He holds a Class A CDL from Alabama. 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.

Raymond J. Lee

    Mr. Lee, 57, has had estropia 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, ``I 
certify in my medical opinion that Raymond has sufficient vision to 
operate a commercial vehicle.'' Mr. Lee reported that he has driven 
straight trucks for 8 years, accumulating 416,000 miles, and tractor-
trailer combinations for 11 years, accumulating 550,000 miles. He holds 
a Class A CDL from Georgia. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

James T. Leek

    Mr. Leek, 52, has an enucleation of his right eye due to ocular 
cancer. The best corrected visual acuity in his left eye is 20/15. 
Following an examination in 2008, his optometrist noted, ``I see no 
reason why you should not be considered to have sufficient vision in 
your remaining left eye to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Leek reported that he has driven 
straight trucks for 5 years, accumulating 250,000 miles, and

[[Page 38499]]

tractor-trailer combinations for 15 years, accumulating 1.5 million 
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.

Richard A. Peterson

    Mr. Peterson, 51, has a prosthetic left eye due to a traumatic 
injury sustained as a child. The best corrected visual acuity in his 
right eye is 20/15. Following an examination in 2008, his optometrist 
noted, ``In my medical opinion, Mr. Peterson has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Peterson reported that he has driven straight trucks for 32 years, 
accumulating 80,000 miles, and tractor-trailer combinations for 32 
years, accumulating 160,000 miles. He holds a Class A CDL from Oregon. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Philip NMI. Polcastro

    Mr. Polcastro, 53, has had a prosthetic left eye since childhood. 
The visual acuity in his right eye is 20/20. Following an examination 
in 2007, his ophthalmologist noted, ``Therefore. Mr. Polcastro has 
sufficient vision to operate a commercial vehicle.'' Mr. Polcastro 
reported that he has driven straight trucks for 34 years, accumulating 
102,000 miles, and tractor-trailer combinations for 28 years, 
accumulating 84,000 miles. He holds a Class A CDL from New York. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Chad M. Quarles

    Mr. Quarles, 34, 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 2008, his optometrist noted, 
``I feel that Mr. Quarles has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Quarles reported 
that he has driven straight trucks for 3 years, accumulating 58,500 
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.

Daniel S. Rebstad

    Mr. Rebstad, 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, 20/100. Following an examination in 2008, his optometrist noted, 
``My professional opinion is he has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Rebstad 
reported that he has driven tractor-trailer combinations for 14 years, 
accumulating 1.7 million miles. He holds a Class A CDL from Florida. 
His driving record for the last 3 years shows no crashes and one 
conviction for a moving violation in a CMV, failure to obey traffic 
signs.

Charles R. Sylvester

    Mr. Sylvester, 51, has a prosthetic left eye due to a choroidal 
melanoma diagnosed in 2004. The visual acuity in his right eye is 20/
20. Following an examination in 2007, his optometrist noted, ``In my 
opinion, Mr. Sylvester has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Sylvester 
reported that he has driven tractor-trailer combinations for 18 years, 
accumulating 1.3 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.

James L. Williams

    Mr. Williams, 64, has had amblyopia in his right eye since 
childhood. The best corrected visual acuity in his right eye is 10/100 
and in the left, 20/25. Following an examination in 2008, his 
optometrist noted, ``Therefore, it is my opinion that Mr. Williams has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Williams reported that he has driven tractor-
trailer combinations for 11 years, accumulating 1.1 million miles, and 
buses for 1 year, accumulating 500 miles. He holds a Class A CDL from 
Michigan. 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 10 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 August 6, 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: June 27, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
 [FR Doc. E8-15202 Filed 7-3-08; 8:45 am]
BILLING CODE 4910-EX-P