[Federal Register Volume 74, Number 237 (Friday, December 11, 2009)]
[Notices]
[Pages 65842-65845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29481]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket ID. FMCSA-2009-0291]


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 11, 2010.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2009-0291 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 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 24 individuals listed in this 
notice have each 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 an exemption will achieve 
the required level of safety mandated by statute.

Qualifications of Applicants

Dennis J. Ameling

    Mr. Ameling, age 48, has complete loss of vision in his right eye 
due to a traumatic injury sustained as a child that caused a corneal 
scar. The best corrected visual acuity in his left eye is 20/20. 
Following an examination in 2009, his optometrist noted, ``I feel his 
vision will be stable in the future and that his vision is sufficient 
to drive a commercial vehicle as long as it is equipped with outside 
mirrors.'' Mr. Ameling reported that he has driven straight trucks for 
12 years, accumulating 1.2 million miles, and tractor-trailer 
combinations for 15 years, accumulating 1.7 million miles. He holds a 
Class A Commercial Driver's License (CDL) from Iowa. His driving record 
for the last 3 years shows no crashes and two convictions for moving 
violations in a CMV, speeding in a CMV. He exceeded the speed limit by 
10 miles per hour (mph) in both incidents.

Cris D. Bush

    Mr. Bush, 44, has had amblyopia in his right eye since birth. The 
best corrected visual acuity in his right eye is 20/100 and in his left 
eye, 20/20. Following an examination in 2009, his optometrist noted, 
``It is my opinion that Mr. Cris Bush has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. Bush 
reported that he has driven straight trucks for 10 years, accumulating 
300,000 miles, and tractor-trailer combinations for 10 years, 
accumulating 320,000 miles. He holds a Class A CDL from Tennessee. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Cary Carn

    Mr. Carn, 54, has a prosthetic right eye due to a traumatic injury 
sustained 15 years ago. The best corrected visual acuity in his left 
eye is 20/20. Following an examination in 2009, his optometrist noted, 
``It is my opinion that Cary Carn has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Carn 
reported that he has driven straight trucks for 10 years, accumulating 
350,000 miles. He holds a Class D operator's license from New Jersey. 
His driving record for the last 3 years shows no crashes and one 
conviction for a moving violation in a

[[Page 65843]]

CMV, unsafe operation of a motor vehicle.

Billy C. Chenault

    Mr. Chenault, 58, has a retinal detachment in his right eye that 
occurred in 1968. 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 optometrist noted, ``It is my opinion that Mr. Chenault has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Chenault reported that he has driven straight 
trucks for 18 years, accumulating 810,000 miles. He holds a Class B CDL 
from New Mexico. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Matthew J. Cruver

    Mr. Cruver, 40, has a prosthetic left eye due to a traumatic injury 
sustained in 1999. The best corrected visual acuity in his right eye is 
20/20. Following an examination in 2009, his optometrist noted, ``I do 
feel this patient has sufficient vision to operate a commercial 
vehicle.'' Mr. Cruver reported that he has driven tractor-trailer 
combinations for 10 years, accumulating 360,000 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.

Harvey Curtis, Sr.

    Mr. Curtis, 52, has glaucoma in his left eye since 2004. The best 
corrected visual acuity in his right eye is 20/25 and in his left eye, 
20/70. Following an examination in 2009, his ophthalmologist noted, 
``In my opinion, Mr. Curtis has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Curtis 
reported that he has driven straight trucks for 25 years, accumulating 
500,000 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.

David E. Evans

    Mr. Evans, 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 optometrist 
noted, ``My opinion is that Mr. David Evans has sufficient vision to 
perform the driving task required to operate a commercial vehicle.'' 
Mr. Evans reported that he has driven tractor-trailer combinations for 
6 years, accumulating 600,000 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, failure to obey a 
traffic sign.

Wayne W. Ferguson

    Mr. Ferguson, 67, has had amblyopia in his right eye since 
childhood. The best corrected visual acuity in his right eye is 20/50 
and in his left eye, 20/25. Following an examination in 2009, his 
optometrist noted, ``It is my opinion that Mr. Ferguson has sufficient 
vision to perform driving tasks required to operate a commercial 
vehicle.'' Mr. Ferguson reported that he has driven straight trucks for 
6 months, accumulating 3,000 miles, and tractor-trailer combinations 
for 27 years, accumulating 2 million 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.

Randy M. Garcia

    Mr. Garcia, 34, has a prosthetic right eye due to a traumatic 
injury sustained 20 years ago. The best corrected visual acuity in his 
left eye is 20/25. Following an examination in 2009, his optometrist 
noted, ``It is my opinion that Mr. Garcia has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Garcia reported that he has driven straight trucks for 3\1/2\ 
years, accumulating 175,000 miles, and tractor-trailer combinations for 
3\1/2\ years, accumulating 175,000 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.

Miguel Godinez

    Mr. Godinez, 44, has aphakia in his right eye due to a traumatic 
injury sustained as a child. The best corrected visual acuity in his 
right eye is 20/60 and in his left eye, 20/20. Following an examination 
in 2009, his ophthalmologist noted, ``He is able to recognize the 
colors of traffic control signals and he is in my medical opinion 
qualified to meet the visual requirements of driving a commercial 
vehicle.'' Mr. Godinez reported that he has driven straight trucks for 
6 years, accumulating 510,000 miles, and tractor-trailer combinations 
for 13 years, accumulating 780,000 miles. He holds a Class A CDL from 
California. His driving record for the last 3 years shows one crash, 
for which he was not cited, and no convictions for moving violations in 
a CMV.

Henry J. Gregoire, Jr.

    Mr. Gregoire, 47, has had aphakia in his left eye due to a 
traumatic injury he sustained in 1981. The uncorrected visual acuity in 
his right eye is 20/20 and in his left eye, 5 feet/400. Following an 
examination in 2009, his optometrist noted, ``It is my opinion that 
Henry has sufficient vision to perform the driving tasks required to 
operate commercial motor vehicles.'' Mr. Gregoire reported that he has 
driven straight trucks for 10 years, accumulating 200,000 miles, and 
tractor-trailer combinations for 6 months, accumulating 34,000 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.

Jason L. Hoovan

    Mr. Hoovan, 30, has had amblyopia in his right eye since birth. 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 optometrist noted, 
``I believe that Mr. Hoovan has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Hoovan 
reported that he has driven straight trucks for 3 years, accumulating 
300,000 miles, and tractor-trailer combinations for 3 years, 
accumulating 225,000 miles. He holds a Class A CDL from Utah. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Tom A. McCarty

    Mr. McCarty, 57, has complete loss of vision in his left eye since 
childhood. The visual acuity in his right eye is 20/15. Following an 
examination in 2009, his optometrist noted that Mr. McCarty's ``vision 
is sufficient for operation of a commercial vehicle.'' Mr. McCarty 
reported that he has driven straight trucks for 7 years, accumulating 
336,000 miles, and tractor-trailer combinations for 20 years, 
accumulating 1.4 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.

Carlos A. Mendez-Castellon

    Mr. Mendez, 40, has had macular scarring in his right eye since 
childhood. The visual acuity in his right eye is hand motion vision and 
in his left eye, 20/20. Following an examination in 2009, his 
ophthalmologist noted, ``In my opinion he is able to operate all of the 
driving tasks associated with a

[[Page 65844]]

commercial vehicle.'' Mr. Mendez reported that he has driven straight 
trucks for 7 years, accumulating 210,000 miles. He holds an operator's 
license from Virginia. His driving record for the last 3 years shows no 
crashes and one conviction for a moving violation in a CMV, failure to 
obey traffic sign.

Glenn A. Miller

    Mr. Miller, 45, has had optic atrophy in his left eye since 2004. 
The visual acuity in his right eye is 20/15 and in his left eye, 20/60. 
Following an examination in 2009, his ophthalmologist noted, ``From the 
testing done, Mr. Miller has sufficient vision to drive a commercial 
vehicle.'' Mr. Miller reported that he has driven straight trucks for 
10 years, accumulating 120,000 miles, and tractor-trailer combinations 
for 13 years, accumulating 455,000 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.

Raymond R. Miller

    Mr. Miller, 49, has complete loss of vision in his left eye due to 
a traumatic injury sustained 15 years ago. The best corrected visual 
acuity in his right eye is 20/15. Following an examination in 2009, his 
optometrist noted, ``It is my opinion that his vision is stable and 
sufficient to perform driving tasks required to operate a commercial 
vehicle.'' Mr. Miller reported that he has driven straight trucks for 
10 years, accumulating 50,000 miles. He holds a Class A CDL from 
Missouri. His driving record for the last 3 years shows one crash, for 
which he was cited, and no moving violations in a CMV.

Russell L. Moyers

    Mr. Moyers, 54, 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, 20/400. Following an examination in 2009, his optometrist 
noted, ``I believe that Russell has the visual ability to operate a 
commercial vehicle.'' Mr. Moyers reported that he has driven tractor-
trailer combinations for 21 years, accumulating 2.1 million miles. He 
holds a Class A CDL from West Virginia. 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 sign.

William E. Norris

    Mr. Norris, 48, has a prosthetic left eye due to a traumatic injury 
sustained in 1984. The best corrected visual acuity in his right eye is 
20/15. Following an examination in 2009, his optometrist noted, ``In my 
medical opinion, Mr. Norris' vision is more than sufficient to perform 
the tasks required to operate a commercial vehicle.'' Mr. Norris 
reported that he has driven straight trucks for 15 years, accumulating 
390,000 miles. He holds a Class A CDL from North Carolina. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Donald Overton

    Mr. Overton, 78, has complete loss of vision in his left eye due to 
a retinal detachment that occurred in 1962. The best corrected visual 
acuity in his right eye is 20/25. Following an examination in 2009, his 
optometrist noted, ``I see no reason why he should be denied driving 
privileges as a commercial driver.'' Mr. Overton reported that he has 
driven straight trucks for 25 years, accumulating 325,000 miles, and 
tractor-trailer combinations for 15 years, accumulating 300,000 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.

Willie L. Parks

    Mr. Parks, 63, has a detached retina in his right eye sustained in 
2005. 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, ``The patient has sufficient vision to 
perform driving tasks for a commercial vehicle.'' Mr. Parks reported 
that he has driven tractor-trailer combinations for 12 years, 
accumulating 915,600 miles. He holds a Class A CDL from California. His 
driving record for the last 3 years shows no crashes and one conviction 
for a moving violation in a CMV. He was driving in the wrong lane.

Derrick A. Robinson

    Mr. Robinson, 31, has complete loss of vision in his left eye due 
to a traumatic injury sustained in 2005. The best corrected visual 
acuity in his right eye is 20/20. Following an examination in 2009, his 
optometrist noted, ``In our opinion, this patient has sufficient vision 
to perform the driving tasks required including the operation of a 
commercial vehicle.'' Mr. Robinson reported that he has driven straight 
trucks for 7 years, accumulating 700,000 miles, and tractor-trailer 
combinations for 7 years, accumulating 960,960 miles. He holds a Class 
A CDL from California. His driving record for the last 3 years shows 
two crashes, one of which he was not cited for, and two convictions for 
moving violations in a CMV, driving in the wrong lane and speeding in a 
CMV. He exceeded the speed limit by 10 mph.

Clarence Robishaw, Jr.

    Mr. Robishaw, 59, has a corneal scar in his left eye which occurred 
in 2003. The best corrected visual acuity in his right eye is 20/20 and 
in the left eye, count-finger-vision. Following an examination in 2009, 
his ophthalmologist noted, ``In my opinion, Clarence Robishaw Jr. has 
sufficient vision to perform the driving task that is required to 
operate a commercial motor vehicle.'' Mr. Robishaw reported that he has 
driven tractor-trailer combinations for 14 years, accumulating 980,000 
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.

Norman J. Watson

    Mr. Watson, 49, has corneal scarring in his left eye due to an 
injury sustained in 1982. The 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, ``It is my medical opinion that this 
gentleman should have no problems driving a commercial vehicle.'' Mr. 
Watson reported that he has driven straight trucks for 28 years, 
accumulating 980,000 miles, and tractor-trailer combinations for 28 
years, accumulating 1.3 million miles. He holds a Class A CDL from 
North Carolina. His driving record for the last 3 years shows three 
crashes, two of which he was not cited for, and no convictions for 
moving violations in a CMV.

Jeffrey T. Zuniga

    Mr. Zuniga, 50, has a macular scar in his right due to a traumatic 
injury sustained as a child. 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 opinion, the 
patient has sufficient corrected vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Zuniga reported that he 
has driven straight trucks for 12[frac12] years, accumulating 1.2 
million 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.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests 
public comment from all interested persons on

[[Page 65845]]

the exemption petitions described in this notice. The Agency will 
consider all comments received before the close of business January 11, 
2010. 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 2, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-29481 Filed 12-10-09; 8:45 am]
BILLING CODE 4910-EX-P