[Federal Register Volume 73, Number 202 (Friday, October 17, 2008)]
[Notices]
[Pages 61922-61925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24691]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket ID FMCSA-2008-0292]


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 22 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 November 17, 2008.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2008-0292 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

[[Page 61923]]

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 22 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

Timothy S. Ballard

    Mr. Ballard, age 49, has had amblyopia in his left eye since 
childhood. The 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, there is no reason to restrict Mr. Ballard from driving a 
commercial vehicle.'' Mr. Ballard reported that he has driven straight 
trucks for 5 years, accumulating 250,000 miles. He holds a Class B 
Commercial Driver's License (CDL) from North Carolina. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Paul W. Browning

    Mr. Browning, 55, has had retinal detachment in his right eye since 
1996. The best corrected visual acuity in his right eye is hand motion 
vision and in the left, 20/20. Following an examination in 2008, his 
optometrist noted, ``It is my medical opinion that Mr. Browning has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Browning reported that he has driven straight 
trucks for 12 years, accumulating 300,000 miles, tractor-trailer 
combinations for 5 years, accumulating 150,000 miles, and buses for 5 
years, accumulating 7,500 miles. He holds a Class A CDL from New 
Mexico. His driving record for the last 3 years shows no crashes and 
one conviction for a moving violation in a CMV. He changed lanes 
improperly.

Timothy D. Carle

    Mr. Carle, 66, has loss of vision in his right eye due to a retinal 
detachment that occurred 20 years ago. The best corrected visual acuity 
in his right eye is light perception and in the left, 20/20. Following 
an examination in 2008, his optometrist noted, ``I certify that, in my 
medical opinion, he has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle safely.'' Mr. Carle reported 
that he has driven straight trucks for 19 years, accumulating 446,348 
miles. He holds a Class B CDL from Wisconsin. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Ronald W. Garner

    Mr. Garner, 61, has optic neuropathy due to traumatic injury since 
1993. 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, ``I feel Ron has sufficient vision to operate a commercial 
vehicle.'' Mr. Garner reported that he has driven tractor-trailer 
combinations for 43 years, accumulating 1.7 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.

Paul A. Gregerson

    Mr. Gregerson, 71, has had age-related macular degeneration since 
2004. 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, ``He retains excellent central vision of his left eye and with 
the complete visual field of both eyes, it is my opinion that he is 
visually competent to operate a commercial vehicle.'' Mr. Gregerson 
reported that he has driven tractor-trailer combinations for 45 years, 
accumulating 5.4 million 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.

Benjamin P. Hall

    Mr. Hall, 49, 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, 20/25. Following an examination in 2008, his ophthalmologist 
noted, ``I can medically certify that Mr. Hall has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Hall reported that he has driven straight trucks for 20 years, 
accumulating 20,000 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.

Frank L. Langston

    Mr. Langston, 70, 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, 20/400. Following an examination in 2008, his ophthalmologist 
noted, ``In my opinion, his vision is sufficient to operate a 
commercial vehicle.'' Mr. Langston reported that he has driven straight 
trucks for 5 years, accumulating 250,000

[[Page 61924]]

miles, and tractor-trailer combinations for 40 years, accumulating 4 
million 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.

Bruce J. Lewis

    Mr. Lewis, 41, has had amblyopia in his left eye since birth. The 
best corrected visual acuity in his right eye is 20/15 and in the left, 
20/400. Following an examination in 2008, his ophthalmologist noted, 
``In my medical opinion, Mr. Lewis has sufficient vision to operate a 
commercial vehicle.'' Mr. Lewis reported that he has driven straight 
trucks for 19 years, accumulating 760,000 miles. He holds a Class 10 
operator's license from Rhode Island, which allows him to operate any 
motor vehicle except a motorcycle and a vehicle that weighs more than 
26,000 pounds, carries 16 or more passengers or transports placarded 
amounts of hazardous materials. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

John L. Lolley

    Mr. Lolley, 40, has a prosthetic left eye due to a history of 
congenital cataract and glaucoma. The visual acuity in his right eye is 
20/20. Following an examination in 2008, his ophthalmologist noted, 
``Mr. Lolley has adequate vision to operate a commercial vehicle.'' Mr. 
Lolley reported that he has driven straight trucks for 9 years, 
accumulating 36,000 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.

Kenny Y. Louie

    Mr. Louie, 40, 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 2008, 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. Louie reported that he 
has driven straight trucks for 17 years, accumulating 4,250 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.

Josue Maqueira

    Mr. Maqueira, 66, has complete loss of vision in his left eye due 
to optic atrophy. The best corrected visual acuity in his right eye is 
20/20 and in the left, 20/400. Following an examination in 2008, his 
ophthalmologist noted, ``I believe he is able to drive a commercial 
vehicle safely as a result of his excellent vision with glasses worn 
and his full visual field in the right eye, even though his left eye is 
legally blind.'' Mr. Maqueira reported that he has driven straight 
trucks for 40 years, accumulating 4.8 million miles, and tractor-
trailer combinations for 40 years, accumulating 4.8 million 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.

Lido J. Martocchio

    Mr. Martocchio, 51, has loss of vision in his left eye due to a 
traumatic injury since childhood. The best corrected visual acuity in 
his right eye is 20/20 and in the left, hand motion vision. Following 
an examination in 2008 his optometrist noted, ``Mr. Lido's visual 
deficiency is currently stable. Although he is monocular, he does not 
need any corrective lenses to drive and he does have sufficient vision 
to perform the driving tasks required to operate a commercial vehicle 
in my professional opinion.'' Mr. Martocchio reported that he has 
driven straight trucks for 21 years, accumulating 315,000 miles. He 
holds a Class B CDL from California. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Michael W. McCann

    Mr. McCann, 48, 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 2008, his optometrist noted, 
``Mr. McCann's current ocular health and visual fields are excellent. 
His present visual status is sufficient to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. McCann reported that he 
has driven straight trucks for 13 years, accumulating 390,000 miles, 
tractor-trailer combinations for 5 years, accumulating 650,000 miles, 
and buses for 18 years, accumulating 180,000 miles. He holds a Class A 
CDL from Virginia. His driving record for the last 3 years shows one 
crash, for which he was not cited, and one conviction for speeding in a 
CMV. He exceeded the speed limit by 19 mph.

Duffy P. Metrejean, Jr.

    Mr. Metrejean, 54, 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 2008, his optometrist noted, 
``In my opinion, Mr. Metrejean has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Metrejean 
reported that he has driven tractor-trailer combinations for 25 years, 
accumulating 2 million miles. He holds a Class D operator's license 
from Louisiana. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Hudson M. Osborne

    Mr. Osborne, 44, has complete loss of vision in his left eye due to 
ocular trauma sustained as a child. The best corrected visual acuity in 
his right eye is 20/20. Following an examination in 2008, his 
optometrist noted, ``It is my medical opinion that Hudson Osborne has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Osborne reported that he has driven straight 
trucks for 5 years, accumulating 300,000 miles, and buses for 1 year, 
accumulating 15,000 miles. He holds a Class A CDL from Nevada. His 
driving record for the last 3 years shows one crash, for which he was 
cited, and no convictions for moving violations in a CMV.

Stephen P. Preslopsky

    Mr. Preslopsky, 53, has loss of vision in his left eye due to a 
cataract. The best corrected visual acuity in his right eye is 20/20 
and in the left, hand motion vision. Following an examination in 2008, 
his ophthalmologist noted, ``It is my opinion that Mr. Preslopsky's 
vision is sufficient to operate a commercial vehicle, however, this is 
only from a medical stand point.'' Mr. Preslopsky reported that he has 
driven straight trucks for 9 years, accumulating 256,500 miles, and 
tractor-trailer combinations for 21 years, accumulating 1 million 
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.

Ross C. Rich

    Mr. Rich, 54, has a prosthetic right eye due to a traumatic injury. 
The best corrected visual acuity in his left eye is 20/20. Following an 
examination in 2008, his ophthalmologist noted, ``In my medical 
opinion, Mr. Rich has sufficient vision in his left eye to perform the

[[Page 61925]]

driving tasks required to operate a commercial vehicle.'' Mr. Rich 
reported that he has driven straight trucks for 3 years, accumulating 
156,000 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.

Melinda V. Salas

    Ms. Salas, 47, has a prosthetic right eye due to traumatic injury 
since childhood. The best corrected visual acuity in her left eye is 
20/20. Following an examination in 2008, her optometrist noted, ``In my 
medical opinion, Melinda has sufficient vision to perform driving tasks 
required to operate a commercial vehicle.'' Ms. Salas reported that she 
has driven straight trucks for 5 years, accumulating 27,000 miles. She 
holds a Class C operator's license from California. Her driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Jayland R. Siebers

    Mr. Siebers, 52, has a prosthetic right eye due to meningioma of 
the optic nerve that occurred in 1993. The visual acuity in his left 
eye is 20/20. Following an examination in 2008, his optometrist noted, 
``I certify that he meets the visual requirements outlined to perform 
the driving tasks required to operate a commercial motor vehicle.'' Mr. 
Siebers reported that he has driven tractor-trailer combinations for 32 
years, accumulating 3.8 million miles. He holds a Class A CDL from 
Kansas. His driving record for the last 3 years shows no crashes and 
one conviction for speeding in a CMV. He exceeded the speed limit by 12 
mph.

Christopher G. Strand

    Mr. Strand, 37, has aphakia in his left eye due to a traumatic 
injury that occurred 20 years ago. 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, ``In my opinion, Chris's 
visual status and adaptation to it is sufficient for him to operate a 
commercial vehicle.'' Mr. Strand reported that he has driven tractor-
trailer combinations for 12 years, accumulating 1.3 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.

Michael J. Welle

    Mr. Welle, 52, has aphakia in his right eye due to a traumatic 
injury that he sustained as a child. The visual acuity in his right eye 
is 20/400 and in the left, 20/20. Following an examination in 2008, his 
optometrist noted, ``Mr. Welle has had this condition for 40 years and 
it has been stable and he has adapted very well, his peripheral vision 
and color vision are normal and in my professional opinion has more 
than adequate vision to operate a commercial vehicle.'' Mr. Welle 
reported that he has driven tractor-trailer combinations for 24 years, 
accumulating 2.4 million 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.

Patricia A. White

    Ms. White, 39, has had amblyopia in her right eye since birth. The 
best corrected visual acuity in her right eye is 20/400 and in the 
left, 20/20. Following an examination in 2008, her optometrist noted, 
``I feel that Ms. White has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Ms. White reported 
that she has driven buses for 14 years, accumulating 406,000 miles. She 
holds a Class D operator's license from Illinois. Her 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 November 17, 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: October 9, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E8-24691 Filed 10-16-08; 8:45 am]
BILLING CODE 4910-EX-P