[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