[Federal Register Volume 74, Number 53 (Friday, March 20, 2009)]
[Notices]
[Pages 11988-11991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6059]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket ID FMCSA-2009-0054]


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 17 individuals 
for exemption 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 20, 2009.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2009-0054 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 11989]]


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 17 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

Dan B. Clark

    Mr. Clark, age 44, has 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 20/400 and in his left eye, 20/20. Following an 
examination in 2008, his ophthalmologist noted, ``Given the visual 
function with your left eye, you have sufficient vision to perform the 
driving tasks required to operate the commercial vehicle.'' Mr. Clark 
reported that he has driven tractor-trailer combinations for 16 years, 
accumulating 640,000 miles. He holds a Class A commercial driver's 
license (CDL) from Ohio. 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.

Mark A. Cruz

    Mr. Cruz, 25, has a retinal lesion in his right eye due to a 
traumatic injury sustained in 1998. The best corrected visual acuity in 
his right eye is 20/200 and in his left eye, 20/20. Following an 
examination in 2008, his optometrist noted, ``It is my opinion that Mr. 
Cruz does in fact have sufficient visual acuity and visual field to 
operate a commercial vehicle.'' Mr. Cruz reported that he has driven 
straight trucks for 3 years, accumulating 36,000 miles. He holds a 
Class C operator's license from Maryland. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Terry J. Dare

    Mr. Dare, 44, has loss of vision in his right eye due to a central 
scotoma that occurred as a result of a traumatic injury sustained in 
1970. The visual acuity in his right eye is count-fingers and in his 
left eye, 20/15. Following an examination in 2008, his ophthalmologist 
noted, ``It is my opinion that there is no deficiency to prohibit him 
from driving a commercial vehicle.'' Mr. Dare reported that he has 
straight trucks for 25 years, accumulating 125,000 miles. He holds an 
operator's license from Indiana. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Frank A. DeWitt

    Mr. DeWitt, 47, has loss of vision in his left eye due to a 
traumatic injury sustained in 1995. The best corrected visual acuity in 
his right eye is 20/20 and in his left eye, 20/50. Following an 
examination in 2008, his optometrist noted, ``In my professional 
opinion, Mr. DeWitt is capable of recognizing the colors of the traffic 
signals, and is capable to perform the tasks that are required to 
operate a commercial vehicle.'' Mr. DeWitt reported that he has driven 
straight trucks for 5 years, accumulating 150,000 miles, and tractor-
trailer combinations for 4 years, accumulating 4.0 million miles. He 
holds a chauffeur operator's license from Indiana. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Kenneth E. Flack, Jr.

    Mr. Flack, 40, has loss of vision in his right eye due to retinal 
scarring from an ocular injury sustained in 1992. The best corrected 
visual acuity in his right eye is 20/400 and in his left eye, 20/20. 
Following an examination in 2008, his optometrist noted, ``I believe he 
does have the vision needed in order to operate a commercial vehicle.'' 
Mr. Flack reported that he has driven straight trucks for 24 years, 
accumulating 240,000 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 a moving violation in a CMV.

Maylin E. Frickey

    Mr. Frickey, 59, has a prosthetic right eye due to traumatic injury 
sustained in 1963. The best corrected visual acuity in his left eye, 
20/20. Following an examination in 2008, his optometrist noted, ``In my 
medical opinion, Mr. Frickey has sufficient vision to properly operate 
a commercial vehicle.'' Mr. Frickey reported that he has driven 
straight trucks for 17 years, accumulating 816,000 miles, and tractor-
trailer combinations for 12 years, accumulating 720,000 miles. He holds 
a Class A CDL from Oregon. 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.

Vincent E. Hardin

    Mr. Hardin, 49, has complete loss of vision in his right eye due to 
a traumatic injury sustained in 1998. The best corrected visual acuity 
in his left eye is 20/20. Following an examination in 2008, his 
optometrist noted, ``In my medical opinion, Mr. Hardin has sufficient 
vision to perform driving tasks required to operate many commercial 
vehicles.'' Mr. Hardin reported that he has driven straight trucks for 
10 years, accumulating 98,000 miles. He holds a Class D operator's

[[Page 11990]]

license from Alabama. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Larry M. Hawkins

    Mr. Hawkins, 56, has loss of vision in his right eye due to a 
corneal scar from a chemical burn sustained in 1991. The best corrected 
visual acuity in his right eye is light perception and in his left eye, 
20/15. Following an examination in 2008, his optometrist noted, ``In my 
opinion, Larry Hawkins has sufficient vision to drive commercial 
vehicles safely with his present vision.'' Mr. Hawkins reported that he 
has driven straight trucks for 35 years, accumulating 700,000 miles, 
and tractor-trailer combinations for 18 years, accumulating 900,000 
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.

Ronald R. Hunt

    Mr. Hunt, 66, has had amblyopia in his left eye since early 
childhood. The best corrected visual acuity in his right eye is 20/25 
and in his left eye, 20/200. Following an examination in 2009, his 
optometrist noted, ``It is my opinion that Mr. Hunt has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Hunt reported that he has driven straight trucks for 10 
years, accumulating 183,000 miles, and tractor-trailer combinations for 
30 years, accumulating approximately 2.8 million miles. He holds a 
Class A CDL from Utah. 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 11 mph.

Michael E. Lafferty

    Mr. Lafferty, 52, has loss of vision in his right eye due to a 
traumatic injury sustained in 1983. The best corrected visual acuity in 
his right eye is light perception and in his left eye, 20/20. Following 
an examination in 2008, his optometrist noted, ``In my medical opinion, 
Mr. Lafferty has the visual capability to operate a commercial 
vehicle.'' Mr. Lafferty reported that he has driven straight trucks for 
34 years, accumulating 340,000 miles, and tractor-trailer combinations 
for 34 years, accumulating 680,000 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.

Michael A. Mitchell

    Mr. Mitchell, 41, has a prosthetic right eye due to a traumatic 
injury sustained at age 5. 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. Michael Mitchell has the vision 
required to operate a commercial vehicle.'' Mr. Mitchell reported that 
he has driven straight trucks for 20 years, accumulating 1.0 million 
miles, and tractor-trailer combinations for 10 years, accumulating 
200,000 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.

Eric E. Myers

    Mr. Myers, 47, has had amblyopia in his right eye since childhood. 
The best corrected visual acuity in his right eye is 20/150 and in his 
left eye, 20/20. Following an examination in 2009, his ophthalmologist 
noted, ``I feel he has sufficient vision to operate a commercial 
vehicle and obtain a vision waiver pursuant to Article VISION 
391.41(b)(10) for an exemption under controlling authority at 49 U.S.C. 
31136(e) and 31315.'' Mr. Myers reported that he has driven straight 
trucks for 23\1/2\ years, accumulating 1.1 million miles. He holds a 
Class C operator's license from Maryland. 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.

Travis W. Neiwert

    Mr. Neiwert, 42, has complete loss of vision in his right eye due 
to a traumatic injury sustained at age 4. The best corrected visual 
acuity in his left eye is 20/20. Following an examination in 2008, his 
optometrist noted, ``I do not see any issues that would limit his 
ability to operate a commercial vehicle. He has worked with having 
vision in only one eye since his youth and uses head movement to 
increase his field of vision.'' Mr. Neiwert reported that he has driven 
straight trucks for 12 years, accumulating 634,400 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.

Michael G. Trueblood

    Mr. Trueblood, 59, has loss of vision in his left eye due to an 
optic nerve anomaly since birth. The best corrected visual acuity in 
his right eye is 20/15 and in his left eye, 20/400. Following an 
examination in 2008, his optometrist noted, ``I certify that in my 
opinion, Michael Trueblood has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Trueblood 
reported that he has driven straight trucks for 14\1/2\ years, 
accumulating 514,750 miles. He holds a Class B CDL from Illinois. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Donald A. Uplinger, II

    Mr. Uplinger, 59, has had amblyopia in his left eye since 
childhood. The best corrected visual acuity in his right eye is 20/20 
and in his left eye, 20/200. Following an examination in 2008, his 
optometrist noted, ``He does have sufficient vision to operate a 
commercial vehicle.'' Mr. Uplinger reported that he has tractor-trailer 
combinations for 38 years, accumulating 2.9 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.

Steven M. Vujicic

    Mr. Vujicic, 28, has had amblyopia in his right eye since 
childhood. The best corrected visual acuity in his right eye is 20/80 
and in his left eye, 20/20. Following an examination in 2008, his 
ophthalmologist noted, ``He does have sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Vujicic 
reported that he has tractor-trailer combinations for 4 years, 
accumulating 165,000 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.

Joseph Watkins

    Mr. Watkins, 46, has loss of vision in his right eye due a 
traumatic injury sustained in 1984. The best corrected visual acuity in 
his right eye is 20/200 and in his left eye, 20/20. Following an 
examination in 2008, his optometrist noted, ``In my opinion, Mr. 
Watkins has sufficient vision to perform driving tasks required to 
operate a commercial vehicle.'' Mr. Watkins reported that he has driven 
straight trucks for 10 years, accumulating 500,000 miles, and tractor-
trailer combinations for 25 years, accumulating 3.0 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.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests 
public

[[Page 11991]]

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 20, 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: March 16, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
 [FR Doc. E9-6059 Filed 3-19-09; 8:45 am]
BILLING CODE 4910-EX-P