[Federal Register Volume 74, Number 222 (Thursday, November 19, 2009)]
[Notices]
[Pages 60022-60025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27840]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

 [Docket ID. FMCSA-2009-0303]


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 27 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 December 21, 2009.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2009-0303 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

[[Page 60023]]

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://www.regulations.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 27 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

Teddy S. Bioni

    Mr. Bioni, age 47, has complete loss of vision in his left eye. The 
best corrected visual acuity in his right eye is 20/20. Following an 
examination in 2009, his ophthalmologist noted, ``I believe he has 
sufficient vision to perform driving tasks required to operate a 
commercial vehicle.'' Mr. Bioni reported that he has driven straight 
trucks for 28 years, accumulating 140,000 miles, and tractor-trailer 
combinations for 28 years, accumulating 140,000 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.

John K. Butler

    Mr. Butler, 55, has had amblyopia in his right eye since childhood. 
The best corrected visual acuity in his right eye is 20/200, and in his 
left eye, 20/20. Following an examination in 2009, his ophthalmologist 
noted, ``Mr. Butler displays sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Butler reported 
that he has driven straight trucks for 6 years, accumulating 156,000 
miles, and tractor-trailer combinations for 29 years, accumulating 
452,400 miles. He holds a Class A CDL from Connecticut. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

James J. Coffield

    Mr. Coffield, 47, has loss of vision in his left eye due a 
traumatic injury sustained 25 years ago. The best corrected visual 
acuity in his right eye is 20/20, and in his left eye, 20/200. 
Following an examination in 2009, his optometrist noted, ``In my 
opinion, Mr. Coffield has sufficient visual performance to meet the 
driving requirements for a commercial vehicle operation license.'' Mr. 
Coffield reported that he has driven tractor-trailer combinations for 
14 years, accumulating 770,000 miles. He holds a Class A Commercial 
Driver's License (CDL) from New Mexico. His driving record for the last 
3 years shows no crashes and no convictions for moving violations in a 
CMV.

Roy E. Crayne

    Mr. Crayne, 57, has a macular hole in his left eye due to a 
traumatic injury sustained as a child. The visual acuity in his right 
eye is 20/20, and in his left eye, 20/400. Following an examination in 
2009, his ophthalmologist noted, ``In my opinion, Mr. Crayne has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Crayne reported that he has driven tractor-
trailer combinations for 35 years, accumulating 2.1 million miles. He 
holds a Class A CDL from Washington. His driving record for the last 3 
years shows one crash, and no convictions for moving violations in a 
CMV.

Ralph G. DeBardi

    Mr. DeBardi, 42, has had retinopathy of prematurity in his right 
eye since birth. The best corrected visual acuity in his right eye is 
light perception only, and in his left eye, 20/25. Following an 
examination in 2009, his optometrist noted, ``In my medical opinion, 
Mr. DeBardi has sufficient vision to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. DeBardi reported that he has 
driven straight trucks for 15 years, accumulating 352,500 miles. He 
holds a Class D operator's license from West Virginia. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

James A. DuBay

    Mr. DuBay, 48, has had optic nerve hyperplasia, and apparent 
fibrotic scaring of the posterior hole in his left eye since birth. The 
best corrected visual acuity in his right eye is 20/20, and in his left 
eye, count-finger vision. Following an examination in 2009, his 
optometrist noted, ``I believe Mr. Dubay's Mr. DuBay has the visual 
skills required to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. DuBay reported that he has driven straight 
trucks for 30 years, accumulating 900,000 miles. He holds a Class C 
chauffeur's license from Michigan. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Chad D. Grose

    Mr. Grose, 40, has had amblyopia in his right eye since birth. The 
best corrected visual acuity in his right eye is 20/400, and in his 
left eye, 20/20. Following an examination in 2009, his optometrist 
noted, ``In my medical opinion, your vision is stable and more than 
adequate for you to perform the driving task required to operate a 
commercial vehicle.'' Mr. Grose reported that he has driven straight 
trucks for 18 years, accumulating 324,000 miles. He holds a Class D 
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.

Donald E. Halvorson

    Mr. Halvorson, 57, has complete loss of vision in his right eye due 
to a traumatic injury sustained in early 1990. The visual acuity in his 
left eye is 20/20. Following an examination in 2009, his 
ophthalmologist noted, ``It is my medical opinion that Mr. Halvorson 
has the necessary vision to see and operate a commercial vehicle 
safely.'' Mr.

[[Page 60024]]

Halvorson reported that he has driven straight trucks for 5 years, 
accumulating 50,000 miles, and tractor-trailer combinations for 25 
years, accumulating 450,000 miles. He holds a Class A CDL from New 
Mexico. His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Gerald Harrison

    Mr. Harrison, 59, has had amblyopia in his left eye since birth. 
The best corrected visual acuity in his right eye is 20/40, and in his 
left eye, 20/200. Following an examination in 2009, his optometrist 
noted, ``In my opinion, he has sufficient vision to operate a 
commercial vehicle.'' Mr. Harrison reported that he has driven tractor-
trailer combinations for 30 years, accumulating 3 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 a traffic control device.

Roger D. Kool

    Mr. Kool, 54, has had central serous retinopathy in his left eye 
since 2005. The best corrected visual acuity in his right eye is 20/20, 
and in his left eye, 20/800. Following an examination in 2009, his 
optometrist noted, ``It is my medical opinion that Roger has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Kool reported that he has driven straight trucks for 15 
years, accumulating 37,500 miles, and tractor-trailer combinations for 
15 years, accumulating 15,000 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.

Curtis M. Lawless

    Mr. Lawless, 54, has wet macular degeneration in his right eye. The 
visual acuity in his right eye is 20/200, and in his left eye, 20/20. 
Following an examination in 2009, his ophthalmologist noted, ``I 
certify that in medical opinion, Mr. Lawless has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Lawless reported that he has driven straight trucks for 10 years, 
accumulating 150,000 miles, and tractor-trailer combinations for 21 
years, accumulating 1.3 million miles. He holds a Class A CDL from 
Virginia. His driving record for the last 3 years shows one crash and 
one conviction for a moving violation in a CMV. He failed to yield the 
right of way to another vehicle.

Michael E. Lindquist

    Mr. Lindquist, 50, has had amblyopia in his right eye since 
childhood. The best corrected visual acuity in his right eye is 20/20, 
and in his left eye, 20/50. Following an examination in 2009, his 
optometrist noted, ``I certify that Michael Lindquist has sufficient 
and stable visual acuity to perform and operate a commercial motor 
vehicle in interstate commerce.'' Mr. Lindquist reported that he has 
driven straight trucks for 4 years, accumulating 93,600 miles. He holds 
a Class B CDL from Washington. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Philip J.C. Locke

    Mr. Locke, 39, has had amblyopia in his right eye since birth. The 
best corrected visual acuity in his right eye is 20/300 and in his left 
eye, 20/20. Following an examination in 2009, his ophthalmologist 
noted, ``In my opinion, the patient continues to have sufficient vision 
to perform driving tasks required to operate a commercial vehicle.'' 
Mr. Locke reported that he has driven straight trucks for 20 years, 
accumulating 200,000 miles, and tractor-trailer combinations for 18 
years, accumulating 1.4 million miles. He holds a Class A CDL from 
Colorado. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Travis J. Luce

    Mr. Luce, 36, 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 2009, his optometrist 
noted, ``In my opinion, Travis has sufficient visual ability to operate 
a commercial vehicle.'' Mr. Luce reported that he has driven straight 
trucks for 2 years, accumulating 20,000 miles, and tractor-trailer 
combinations for 7 years, accumulating 175,000 miles. He holds a Class 
A CDL from Michigan. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Cameron S. McMillen

    Mr. McMillen, 56, has had amblyopia in his right eye since 
childhood. The best corrected visual acuity in his right eye is count-
finger-vision, and in his left eye, 20/25. Following an examination in 
2009, his ophthalmologist noted, ``In my opinion, Scott has adequate 
visual function to operate a commercial vehicle.'' Mr. McMillen 
reported that he has driven straight trucks for 38 years, accumulating 
380,000 miles, and tractor-trailer combinations for 18 years, 
accumulating 1.7 million miles. He holds a Class A CDL from New Mexico. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Carl L. Miles

    Mr. Miles, 58, 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 2009, his optometrist 
noted, ``Based upon my findings and medical expertise, I hereby certify 
Carl Miles to be visually able to safely operate a commercial motor 
vehicle.'' Mr. Miles reported that he has driven straight trucks for 14 
years, accumulating 1.4 million miles, and tractor-trailer combinations 
for 8 years, accumulating 600,000 miles. He holds a Class A CDL from 
Kentucky. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Rashawn L. Morris

    Mr. Morris, 28, has loss of vision in his left eye since birth. The 
best corrected visual acuity in his right eye is 20/20, and in his left 
eye, count-finger vision. Following an examination in 2009, his 
ophthalmologist noted, ``I explained to Mr. Morris that his visual 
status appears to be stable and that I believe he can see well enough 
to perform all the tasks required to operate a commercial vehicle.'' 
Mr. Morris reported that he has driven straight trucks for 5 years, 
accumulating 50,000 miles. He holds a Class A CDL from Virginia. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Brian T. Nelson

    Mr. Nelson, 43, has loss of vision in his left eye due to 
retinopathy since 1988. The best corrected visual acuity in his right 
eye is 20/40 and in his left eye, 20/200. Following an examination in 
2009, his ophthalmologist noted, ``In my opinion, Brian Nelson has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Nelson reported that he has driven straight 
trucks for 19 years, accumulating 114,000 miles, and tractor-trailer 
combinations for 16 years, accumulating 64,000 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.

[[Page 60025]]

James C. New

    Mr. New, 66, has had aphakia and macular scarring in his left eye 
since 1965. The best corrected visual acuity in his right eye is 20/20, 
and in his left eye, count-finger vision. Following an examination in 
2009, his optometrist noted, ``It is my opinion that Mr. New has 
sufficient vision to perform the commercial driving tasks in 
question.'' Mr. New reported that he has driven straight trucks for 2 
years, accumulating 54,000 miles, and tractor-trailer combinations for 
38 years, accumulating 2.7 million miles. He holds a Class D operator's 
license from Mississippi. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

Thomas E. O'Compo

    Mr. O'Compo, 42, has had exotropia in his right eye since birth. 
The best corrected visual acuity in his right eye is 20/80, and in his 
left eye, 20/20. Following an examination in 2009, his optometrist 
noted, ``In my opinion. Mr. O'Compo has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
O'Compo reported that he has driven straight trucks for 4 years, 
accumulating 100,000 miles, and tractor-trailer combinations for 9 
years, accumulating 360,000 million miles. He holds a Class A CDL from 
California. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Christopher M. Rivera

    Mr. Rivera, 37, has had amblyopia in his left eye since birth. The 
best corrected visual acuity in his right eye is 20/20, and in his left 
eye, 20/200. Following an examination in 2009, his optometrist noted, 
``I certify that in my opinion, Christopher Rivera has sufficient 
vision to perform the driving tasks to operate a commercial vehicle.'' 
Mr. Rivera reported that he has driven straight trucks for 9 years, 
accumulating 60,300 miles, and tractor-trailer combinations for 9 
years, accumulating 60,300 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 speeding in a CMV. He exceeded the speed limit by 
5mph.

Richard J. Robb

    Mr. Robb, 55, has had amblyopia in his left eye since childhood. 
The best corrected visual acuity in his right eye is 20/15, and in his 
left eye, 20/300. Following an examination in 2009, his ophthalmologist 
noted, ``It is my medical opinion that Mr. Robb has the necessary 
vision to see and operate a commercial vehicle safely.'' Mr. Robb 
reported that he has driven straight trucks for 5 years, accumulating 
142,500 miles, and tractor-trailer combinations for 20 years, 
accumulating 750,000 miles. He holds a Class A CDL from New Mexico. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Larry L. Sapp

    Mr. Sapp, 44, has a prosthetic left eye due to a traumatic injury 
since childhood. The visual acuity in his right eye is 20/20. Following 
an examination in 2009, his optometrist noted, ``Mr. Sapp has 
sufficient vision to perform driving tasks required to operate a 
commercial vehicle.'' Mr. Sapp reported that he has driven straight 
trucks for 9 years, accumulating 36,000 miles. He holds a Class O 
operator's license from Michigan. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Temesgn H. Teklezig

    Mr. Teklezig, 31, has loss of vision in his right eye due to a 
traumatic injury sustained 13 years ago. The visual acuity in his right 
eye is 20/200 and in his left eye, 20/20. Following an examination in 
2009, his ophthalmologist noted, ``In my professional opinion, Mr. 
Teklezig has sufficient vision to drive a commercial vehicle.'' Mr. 
Teklezig reported that he has driven straight trucks for 7 years, 
accumulating 252,000 miles, and tractor-trailer combinations for 3 
years, accumulating 111,000 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.

Robert E. Whitney

    Mr. Whitney, 71, has complete loss of vision in his left eye due to 
an injury sustained as a child. The best corrected visual acuity in his 
left eye is 20/25. Following an examination in 2009, his optometrist 
noted, ``In my opinion, he has sufficient vision to operate a 
commercial vehicle.'' Mr. Whitney reported that he has driven straight 
trucks for 3 years, accumulating 40,500 miles. He holds a Class D 
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.

Robert D. Williams

    Mr. Williams, 57, has a prosthetic right eye due to a traumatic 
injury since 1986. The best corrected visual acuity in his left eye is 
20/20. Following an examination in 2009, his optometrist noted, 
``Vision is sufficient to operate a commercial vehicle.'' Mr. Williams 
reported that he has driven straight trucks for 38 years, accumulating 
692,018 miles. He holds a Class E 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.

James M. Wood

    Mr. Wood, 59, has had amblyopia in his left eye since birth. The 
best corrected visual acuity in his right eye is 20/20, and in his left 
eye, 20/200. Following an examination in 2009, his optometrist noted, 
``His vision should not preclude him from operating a commercial 
vehicle.'' Mr. Wood reported that he has driven straight trucks for 
13\1/2\ years, accumulating 474,997 miles. He holds a Class B CDL from 
North Carolina. 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 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 December 21, 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 November 12, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-27840 Filed 11-18-09; 8:45 am]
BILLING CODE 4910-EX-P