[Federal Register Volume 73, Number 240 (Friday, December 12, 2008)]
[Notices]
[Pages 75803-75806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29415]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket ID FMCSA-2008-0340]


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 24 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 January 12, 2009.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2008-0340 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.

[[Page 75804]]

    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). 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 24 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

Bryant M. Adams

    Mr. Adams, age 43, 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 eye, 20/200. Following an examination in 2008, his 
optometrist noted, ``I certify that in my medical opinion, Bryant Adams 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Adams reported that he has driven straight 
trucks for 13\1/2\ years, accumulating 120,150 miles. He holds a Class 
C operator's license from California. His driving record for the last 3 
years shows no crashes and two convictions for moving violations in a 
CMV, failure to obey traffic signals.

Ricky J. Childress

    Mr. Childress, 60, has complete loss of vision in his right eye due 
to retinal detachment since 2001. The best corrected visual acuity in 
his left eye is 20/30. Following an examination in 2008, his 
ophthalmologist noted, ``In my opinion, Mr. Childress has sufficient 
vision to perform driving tasks required to operate a commercial 
vehicle, based on how he has performed and functioned exceedingly well 
in his field despite vision.'' Mr. Childress reported that he has 
driven straight trucks for 10 years, accumulating 437,500 miles, and 
tractor-trailer combinations for 15 years, accumulating 2.3 million 
miles. He holds a Class D operator's license from Alabama. His driving 
record for the last 3 years shows one crash, and no convictions for 
moving violations in a CMV.

Thomas A. Crowell

    Mr. Crowell, 50, has a ruptured globe 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 2008, his ophthalmologist noted, ``I certify that Thomas 
Crowell has sufficient vision to perform driving tasks required to 
operate a commercial vehicle.'' Mr. Crowell reported that he has driven 
straight trucks for 2 years, accumulating 60,000 miles, and tractor-
trailer combinations for 4 years, accumulating 495,496 miles. He holds 
a Class A Commercial Driver's License (CDL) from North Carolina. His 
driving record for the last 3 years shows one crash, for which he was 
not cited, and one conviction for a moving violation in a CMV: failure 
to obey a traffic sign.

Henry L. Decker

    Mr. Decker, 58, has had refractive amblyopia in his left eye since 
birth. 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, ``In my opinion, Mr. Decker has sufficient 
vision to perform the driving tasks to operate a commercial vehicle.'' 
Mr. Decker reported that he has driven straight trucks for 40 years, 
accumulating 600,000 miles, tractor-trailer combinations for 7 years, 
accumulating 59,500 miles, and buses for 6 months, accumulating 1,800 
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.

Thomas E. Dewitt, Jr.

    Mr. Dewitt, 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 2008, his optometrist noted, ``In my 
medical opinion, applicant has sufficient vision to perform driving 
tasks required to operate a commercial vehicle.'' Mr. Dewitt reported 
that he has driven straight trucks for 12 years, accumulating 156,000 
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.

David L. Dykman

    Mr. Dykman, 48, has complete loss of vision in his right eye due 
traumatic injury that occurred in 2002. The visual acuity in the left 
eye is 20/20. Following an examination in 2008, his ophthalmologist 
noted, ``It is my medical opinion that David has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Dykman reported that he has driven straight trucks for 19\1/2\ 
years, accumulating 163,800 miles, and tractor-trailer combinations for 
6\1/2\ years, accumulating 45,825 miles. He holds a Class B CDL from 
Idaho. His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Milan D. Frasier

    Mr. Frasier, 58, has loss of vision in his right eye due to retinal 
detachment that occurred in 2004. 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 ophthalmologist noted, ``It is my medical 
opinion that Mr. Fraiser has sufficient vision to drive a commercial

[[Page 75805]]

vehicle.'' Mr. Frasier reported that he has driven tractor-trailer 
combinations for 30 years, accumulating 514,500 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.

 Wilfred J. Gagnon

    Mr. Gagnon, 72, has complete loss of vision in his right eye due to 
a traumatic injury that occurred in 2000. The visual acuity in his left 
eye is 20/20. Following an examination in 2008, his optometrist noted, 
``In my medical opinion, I believe Mr. Gagnon's vision in his left eye 
is sufficient to operate a commercial vehicle without glasses.'' Mr. 
Gagnon reported that he has driven straight trucks for 54 years, 
accumulating 1.9 million miles, and tractor-trailer combinations for 30 
years, accumulating 1.1 million 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.

Grady O. Gilliland

    Mr. Gilliland, 82, has loss of vision in his right eye due to optic 
nerve hypoplasia since birth. The best corrected visual acuity in his 
right eye is 20/400 and in the left, 20/30. Following an examination in 
2008, his ophthalmologist noted, ``I feel that he has sufficient vision 
to perform driving tasks required to operate commercial vehicles 
knowing that his right eye has always been a poor vision eye all this 
life.'' Mr. Gilliland reported that he has driven straight trucks for 
64 years, accumulating 320,000 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.

Harold J. Haier

    Mr. Haier, 42, has had amblyopia 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 optometrist noted, ``It is my 
opinion that Mr. Haier has sufficient vision to operate a commercial 
vehicle.'' Mr. Haier reported that he has driven straight trucks for 24 
years, accumulating 432,000 miles, tractor-trailer combinations for 
less than 1 year, accumulating 800 miles, and buses for less than 1 
year, accumulating 4,000 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.

Crayton Jones, Jr.

    Mr. Jones, 72, has complete loss of vision in his right eye due to 
a traumatic injury since childhood. The best corrected visual acuity in 
his left eye is 20/20. Following an examination in 2008, his 
ophthalmologist noted, ``I certify that in my medical opinion, he has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Jones reported that he has driven straight 
trucks for 6 years, accumulating 150,000 miles, tractor-trailer 
combinations for 6 years, accumulating 150,000 miles, and buses for 1 
year, accumulating 1,000 miles. He holds a Class R operator's license 
from Colorado, which allows him to drive any motor vehicle with a gross 
weight of less than 26,001 pounds. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Timonthy L. Kelly

    Mr. Kelly, 44, has complete loss of vision in his right eye due to 
a traumatic injury sustained in 1984. The visual acuity in his left eye 
is 20/20. Following an examination in 2008, his optometrist noted, ``In 
my medical opinion, Tim has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Kelly reported 
that he has driven tractor-trailer combinations for 8 years, 
accumulating 560,000 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.

Lewis A. Kielhack

    Mr. Kielhack, 35, has a macular scar that caused loss of vision in 
his right eye due to a traumatic injury sustained in 1990. The best 
corrected visual acuity in his right eye is 20/400 and in the left eye, 
20/20. Following an examination in 2008, his optometrist noted, ``In my 
opinion, Mr. Kielhack has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle. His vision has been 
stable for over 18 years, and there is no indication that his vision 
will change.'' Mr. Kielhack reported that he has driven straight trucks 
for 14 years, accumulating 655,200 miles, and tractor-trailer 
combinations for 8 years, accumulating 24,000 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.

David Lancaster

    Mr. Lancaster, 44, has loss of vision in his left eye due to a 
central scotoma that occurred as a result of a traumatic injury 
sustained in 1990. The visual acuity in his right eye is 20/15 and in 
the left eye, 20/400. Following an examination in 2008, his optometrist 
noted, ``It is my medical/optometric opinion that David Lancaster has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Lancaster reported that he has driven 
straight trucks for 20 years, accumulating 800,000 miles. He holds a 
Class O operator's license from Nebraska. Class O operator's license 
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.

Brian M. Madaya

    Mr. Madaya, 48, has a retinal detachment in his right eye since 
2004. The best corrected visual acuity in his right eye is 20/400 and 
in the left eye, 20/20. Following an examination in 2008, his 
optometrist noted, ``Based on his very stable findings over the last 
several years, I am confident that his vision is completely in line 
with the Department of Transportation guidelines for operation of 
commercial motor vehicles.'' Mr. Madaya reported that he has driven 
straight trucks for 20 years, accumulating 620,000 miles and tractor-
trailer combinations for 7\1/2\ years, accumulating 525,000 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.

Joe A. McIlroy

    Mr. McIlroy, 49, has a prosthetic left eye due to a traumatic 
injury sustained in 1988. The best corrected visual acuity in his right 
eye is 20/15. Following an examination in 2008, his ophthalmologist 
noted, ``In my opinion, Mr. McIlroy has sufficient vision to perform 
the driving tasks to operate a commercial vehicle.'' Mr. McIlroy 
reported that he has driven straight trucks for 28 years, accumulating 
56,000 miles, and tractor-trailer combinations for 7 years, 
accumulating 280,000 miles. He holds a Class A CDL from New York. His 
driving record for the last 3 years shows no crashes and two 
convictions for moving violations in a CMV, failure to obey traffic 
signals.

Harry J. McSuley, Jr.

    Mr. McSuley, 71, has loss of vision in his left eye due to retinal 
vein occlusion that occurred in 1998. The best corrected visual acuity 
in the right eye is 20/20 and in the left eye, 20/200. Following an 
examination in 2008, his ophthalmologist noted, ``In my

[[Page 75806]]

professional medical opinion, I feel Harry McSuley has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. McSuley reported that he has driven straight trucks for 
55 years, accumulating 1,650,000 miles, and tractor-trailer 
combinations for 53 years, accumulating 3,445,000 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.

Robert S. Metcalf

    Mr. Metcalf, 57, has had amblyopia in his left eye since birth. The 
visual acuity in his right eye is 20/20 and in the left, 20/300. 
Following an examination in 2008, his optometrist noted, ``Aside from 
needing glasses for reading, Mr. Metcalf should have not problems 
driving a commercial vehicle without correction.'' Mr. Metcalf reported 
that he has driven straight trucks for 31 years, accumulating 620,000 
miles, and tractor-trailer combinations for 28 years, accumulating 1.7 
million miles. He holds a Class A CDL from Arizona. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Elmer R. Miller

    Mr. Miller, 64, has complete loss of vision in his left eye due to 
a traumatic injury sustained in 1986. The best corrected visual acuity 
in his right eye is 20/30. Following an examination in 2008, his 
ophthalmologist noted, ``I certify that, in my medical opinion, he has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Miller reported that he has driven straight 
trucks for 47 years, accumulating 564,000 miles. He holds a Class C 
operator's license from Illinois. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Richard L. Moreland

    Mr. Moreland, 49, has complete loss of vision in his right eye due 
to a traumatic injury sustained in 1966. The visual acuity in his left 
eye is 20/20. Following an examination in 2008, his optometrist noted, 
``Based on these findings, I feel Richard L. Moreland has the visual 
abilities to safely continue to operate a commercial motor vehicle in 
interstate commerce because his visual loss has been present since 
1966.'' Mr. Miller reported that he has driven straight trucks for 23 
years, accumulating 230,000 miles. He holds a Class A CDL from 
Missouri. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Stanley J. Morris

    Mr. Morris, 46, has complete 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. Following an examination in 2008, his 
optometrist noted, ``I certify that, in my medical opinion, the 
applicant's visual deficiency is stable and has sufficient vision to 
perform the driving tasks required to operate a commercial motor 
vehicle, and that the applicant's condition will not adversely affect 
his ability to operate a commercial motor vehicle safely.'' Mr. Morris 
reported that he has driven straight trucks for 11 years, accumulating 
264,000 miles, and tractor-trailer combinations for 6 years, 
accumulating 399,000 million miles. He holds a Class A CDL from 
Missouri. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Barbara C. Pennington

    Ms. Pennington, 45, has a prosthetic right eye due to enucleation 
following a traumatic injury in 1991. The best corrected visual acuity 
in her left eye is 20/20. Following an examination in 2008, her 
ophthalmologist noted, ``The vision is stable in her left eye and Ms. 
Pennington is able to operate a commercial motor vehicle from an ocular 
standpoint.'' Ms. Pennington reported that she has driven straight 
trucks for 1 year, accumulating 50,000 miles, and tractor-trailer 
combinations for 15 years, accumulating 1.5 million miles. She holds a 
Class A CDL from Florida. Her driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

Ronald M. Scott

    Mr. Scott, 52, has loss of vision in his right eye due to a 
traumatic injury that occurred in 1984. The visual acuity in his right 
eye is count fingers and in the left eye, 20/15. Following an 
examination in 2008, his optometrist noted, ``I feel that Mr. Scott has 
more than sufficient vision in his left eye to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Scott reported 
that he has driven straight trucks for 30 years, accumulating 2.6 
million miles, and tractor-trailer combinations for 30 years, 
accumulating 3 million miles. He holds a Class A CDL from Indiana. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Jeremichael Steele

    Mr. Steele, 41, has loss of vision in his left eye due to a retinal 
scar sustained from a traumatic injury 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 medical opinion, Mr. Steele has 
sufficient vision to perform the driving tasks to operate a commercial 
vehicle.'' Mr. Steele reported that he has driven tractor-trailer 
combinations for 6 years, accumulating 240,000 miles, and buses for 7 
years, accumulating 63,000 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 in a CMV; he changed lanes 
improperly.

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 January 12, 2009. 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: December 5, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E8-29415 Filed 12-11-08; 8:45 am]
BILLING CODE 4910-EX-P