Federal Register, Volume 66 Issue 109 (Wednesday, June 6, 2001)

[Federal Register Volume 66, Number 109 (Wednesday, June 6, 2001)]
[Notices]
[Pages 30502-30504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14239]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2001-9561]

Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemption from the vision standard;
request for comments.

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SUMMARY: This notice announces the FMCSA's receipt of applications from
22 individuals for an exemption from the vision requirements in the
Federal Motor Carrier Safety Regulations (FMCSRs). If granted, the
exemptions will enable these individuals to qualify as drivers of
commercial motor vehicles (CMVs) in interstate commerce without meeting
the vision standard prescribed in 49 CFR 391.41(b)(10).

DATES: Comments must be received on or before July 6, 2001.

ADDRESSES: Mail or hand deliver comments to the U.S. Department of
Transportation, Dockets Management Facility, Room PL-401, 400 Seventh
Street, SW., Washington, DC 20590, or submit electronically at http://dmses.dot.gov/submit. All comments received will be available for
examination and copying at the above address from 9 a.m. to 5 p.m.,
e.t., Monday through Friday, except Federal holidays. Those desiring
notification of receipt of comments must include a self-addressed,
stamped postcard or you may print the acknowledgment page that appears
after submitting comments electronically.

FOR FURTHER INFORMATION CONTACT: For information about the vision
exemptions in this notice, Ms. Sandra Zywokarte, Office of Bus and
Truck Standards and Operations, (202) 366-2987; for information about
legal issues related to this notice, Ms. Elaine Walls, Office of the
Chief Counsel, (202) 366-1394, FMCSA, Department of Transportation, 400
Seventh Street, SW., Washington, DC 20590. Office hours are from 7:45
a.m. to 4:15 p.m., e.t., Monday through Friday, except Federal
holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access and Filing

You may see all the comments online through the Document Management
System (DMS) at: http://dmses.dot.gov/submit.

Background

Twenty-two individuals have requested an exemption from the vision
requirement in 49 CFR 391.41(b)(10), which applies to drivers of CMVs
in interstate commerce. Under 49 U.S.C. 31315 and 31136(e), the FMCSA
may grant an exemption for a renewable 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.'' Accordingly, the agency will evaluate the qualifications
of each applicant to determine whether granting the exemptions will
achieve the required level of safety.

Qualifications of Applicants

1. Roger D. Anderson

Mr. Anderson, 62, has amblyopia in his right eye. He has visual
acuities of finger counting with his right eye, and 20/20 with his left
eye. As the result of an examination in 2000, his optometrist
concluded, ``Mr. Anderson has been driving like this all of his life
and I believe he has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Anderson reported that
he has 45 years and 450,000 miles of experience operating straight
trucks; 10 years and 200,000 miles of experience operating tractor-
trailer combinations; and 2 years and 18,000 miles of experience
operating buses. He holds a Class A CDL from Kansas, and there are no
accidents and one conviction for a moving violation--Speeding--in a CMV
on his driving record for the last 3 years. He exceeded the speed limit
by 13 mph.

2. Joey E. Buice

Mr. Buice, age 30, has a prosthetic right eye due to an injury in
1981. He has uncorrected visual acuity of 20/10 in the left eye.
Following an examination in 2001, his ophthalmologist stated, ``In my
professional opinion his vision is stable and he is capable of driving
a commercial vehicle, such as a tractor-trailer without difficulty or
risk.'' Mr. Buice reported that he has driven straight trucks for 6
years and has accumulated 60,000 miles. He holds a Class B CDL from
Georgia, and his driving record for the last 3 years shows no accidents
or convictions for moving violations in a CMV.

3. Ronald D. Danberry

Mr. Danberry, 43, has exotropia and amblyopia of the right eye. His
corrected and uncorrected visual acuity is 20/60 in the right eye and
20/20 in the left eye. An optometrist who examined him in 2001 stated,
``I certify, in my medical opinion, that Ronald has more than
sufficient vision to operate a commercial vehicle safely.'' According
to Mr. Danberry's application, he has 3\1/2\ years of experience
driving straight trucks, totaling 52,000 miles; and 3\1/2\ years of
experience driving tractor-trailers, totaling 122,000 miles. He holds a
Minnesota Class A CDL and has had no accidents or moving violations in
a CMV for the past 3 years.

4. Paul W. Dawson

Mr. Dawson, 51, has amblyopia in his left eye, which causes 20/200
best-corrected visual acuity in that eye. In his right eye, his best-
corrected visual acuity is 20/20. His optometrist examined him in 2001
and stated, ``Our opinion is that Paul has sufficient vision to perform
the driving tasks required to operate a commercial vehicle. Indeed he
has safely done so for over 20 years!'' Mr. Dawson submitted that he
has driven 1.9 million miles in tractor-trailer combination vehicles
over 20 years. He holds a Class A CDL from

[[Page 30503]]

Colorado. His driving record shows no accidents and one conviction for
a moving violation--Stopping on Highway--in a CMV for the last 3 years.

5. Lois E. DeSouza

Ms. DeSouza, 63, has had decreased vision in her right eye since
December, 1995, after attempted repair of a retinal detachment with
development of scar tissue. Her visual acuities are light perception in
the right eye and 20/30+, with correction, in the left eye. Her
ophthalmologist examined her in 2000 and stated, ``Ms. DeSouza has been
able to perform her tasks in terms of driving this commercial vehicle
since her injury to the right eye and I feel that she will have
sufficient vision to continue to operate this vehicle safely.'' Ms.
DeSouza reported that she has driven tractor-trailer combinations for
20 years, accumulating 1.2 million miles. She holds a Class A CDL from
Tennessee, and she has no accidents or convictions for moving
violations in a CMV on her driving record for the past three years.

6. Richard L. Gandee

Mr. Gandee, 44, has had central serous retinopathy in his left eye
since April 1997. His visual acuity is 20/20 in the right eye and 20/50
in the left eye. Following an examination in 2001, his ophthalmologist
certified, ``In my medical opinion, I feel he has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Gandee reported he has driven tractor-trailer combinations for 15
years, accumulating 975,000 miles, and straight trucks for 5 years,
accumulating 650,000 miles. He holds a Class A CDL from Ohio. His
driving record for the last 3 years shows he has had one accident and
no convictions for moving violations in a CMV. According to the police
report for the accident, the driver of another vehicle coming toward
him crossed the center line and struck the vehicle Mr. Gandee was
driving. The other driver was charged with ``Failure to Control.''

7. Steven A. Garrity

Mr. Garrity, 38, has a visual acuity in the right eye of 20/20 and
in the left eye hand motion due to a retinal detachment in 1978. Mr.
Garrity was examined in 2000 and his optometrist stated, ``It is my
opinion that Steve has sufficient vision to operate a commercial
vehicle due to the fact that he is 20/20 in the right eye and his
peripheral vision is very good.'' Mr. Garrity submitted that he has
driven straight trucks for 20 years, accumulating 300,000 miles, and
tractor-trailer combinations for 18 years, accumulating 270,000 miles.
He holds a Massachusetts Class AM CDL, and his driving record for the
last 3 years contains no accidents or convictions for moving violations
in a CMV.

8. Chester L. Gray

Mr. Gray, 28, has amblyopia in his left eye. His best-corrected
visual acuity is 20/15 in the right eye and 20/50 in the left eye. As a
result of a 2001 examination, his optometrist affirmed, ``In my
opinion, his vision is good enough to permit him to safely operate a
commercial motor vehicle.'' Mr. Gray reported that he has driven
tractor-trailer combination vehicles and straight trucks for 9 years,
accumulating 360,000 miles in the former and 45,000 miles in the
latter. He holds a Class A CDL from Texas, and his driving record for
the last 3 years shows no accidents or convictions for moving
violations in a CMV.

9. Waylon E. Hall

Mr. Hall, 33, has amblyopia in his left eye. He sees 20/300 not
correctable with his left eye and 20/20 corrected with his right eye.
An optometrist examined him in 2001 and stated, ``I feel Mr. Hall would
be capable of performing all driving tasks associated with the
operation of a commercial vehicle.'' Mr. Hall reported he has driven
tractor-trailer combinations 3 years, accumulating 405,000 miles. He
holds a Louisiana Class E regular license currently, but held a Class A
CDL for the 3-year period prior to his date of application. He has had
no CMV accidents or convictions for moving violations for the past 3
years, according to his driving record.

10. Jeffery M. Kimsey

Mr. Kimsey, 34, has a loss of central vision in his right eye due
to an injury in 1986. His visual acuity in the right eye is finger
counting at 3 feet, and in the left eye, 20/20, best-corrected. An
optometrist examined him in 2001 and stated, ``It is my opinion that
this patient has sufficient vision to operate a commercial vehicle.''
According to Mr. Kimsey's application, he has driven 192,000 miles in
tractor-trailer combination vehicles over 16 years. He holds a Class A
CDL from Georgia. In the last 3 years he has had no accidents and one
conviction for a moving violation--Speeding--in a CMV on his driving
record. He exceeded the speed limit by 13 mph.

11. Gerald L. Phelps

Mr. Phelps, 53, is blind in his right eye due to an injury at 4
years of of age. His visual acuity is 20/20-in the left eye. His
optometrist examined him in 2001 and certified, ``In my medical
opinion, Gerald is a safe driver and has sufficient vision to perform
tasks required of a truck driver in a commercial environment.'' In his
application, Mr. Phelps reported that he has driven tractor-trailer
combinations for 35 years, accumulating 1.4 million miles. He holds a
Pennsylvania Class AM CDL, and there are no accidents or convictions
for moving violations in a CMV on his driving record for the last 3
years.

12. Doyle E. Ramsey

Mr. Ramsey, 58, has amblyopia in his left eye. His corrected visual
acuity in the right eye is 20/20, and in the left eye, 20/
60^-1. An optometrist examined him in 2001 and affirmed, ``In
my medical/optical opinion I feel Mr. Ramsey has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Ramsey stated he has driven straight trucks for 12 years,
accumulating 624,000 miles. He holds an Indiana chauffeur's license,
and his official driving record for the last 3 years shows no accidents
and no convictions for moving violations in a CMV.

13. Michael J. Risch

Mr. Risch, 49, has an amblyopic right eye, which has only counting
finger vision. His left eye has vision of 20/20-2. Following an
examination in 2000, his opthalmologist certified, ``After examination,
it is my medical opinion that Mr. Risch has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
According to his application, Mr. Risch has operated tractor-trailer
combinations for 25 years and 2.7 million miles. He holds a Class ABCD
CDL from Wisconsin, and his driving record for the last 3 years shows
no accidents or convictions for moving violations in a CMV.

14. Tim M. Seavy

Mr. Seavy, 32, has amblyopia in his right eye. His best-corrected
visual acuity is 20/200 in the right eye and 20/20 in the left eye. His
ophthalmologist examined him in 2000 and affirmed, ``Visual deficiency
is stable and visual fields are over 120 degrees. I feel that the
vision is sufficient for driving tasks required for operating a
commercial vehicle.'' Mr. Seavy stated he has driven tractor-trailer
combination vehicles for 4 years, accumulating 561,000 miles, and
straight trucks for 7 years, accumulating 728,000 miles. He holds an
Indiana Class A CDL, and he has no accidents

[[Page 30504]]

or convictions for moving violations on his driving record for the last
3 years.

15. Kim L. Seibel

Mr. Seibel, 49, has amblyopia in his left eye. He has best-
corrected visual acuity of 20/20 in the right eye and 20/100+ in the
left eye. As a result of an examination in 2001, his optometrist
stated, ``In my opinion Kim has sufficient vision to perform the
driving task required to operate a commercial vehicle.'' According to
Mr. Seibel's application, he has driven tractor-trailer combinations
for 25 years, accumulating 2.5 million miles. He holds a Class A CDL
from South Dakota, and his driving record shows no accidents or
convictions for moving violations in a CMV during the last 3 years.

16. Edd J. Stabler

Mr. Stabler, 53, is aphakic in the left eye due to an eye injury in
1961. His right eye corrects to 20/20 and the left eye perceives hand
motion only. His optometrist examined him in 2000 and certified, ``Mr.
Stabler has sufficient vision to perform driving tasks required to
operate a commercial vehicle.'' Mr. Stabler reported he has driven
tractor-trailer combinations for 13 years, accumulating 1.2 million
miles, and straight trucks for 9 years, accumulating 702,000 miles. He
holds an Alabama Class AM CDL, and in the last 3 years, he has had no
accidents or convictions for moving violations in a CMV.

17. Randy D. Stanley

Mr. Stanley, 43, has amblyopia in his left eye. His vision in the
right eye is 20/20 and in the left eye 20/80, best-corrected. Following
a 2001 examination, his optometrist stated, ``It is my medical opinion
that Mr. Stanley has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' In his application, Mr.
Stanley reported that he has driven tractor-trailer combinations and
straight trucks for 21 years, accumulating 420,000 miles in the former
and 10,000 miles in the latter. He holds a North Carolina Class A CDL,
and has had no accidents or convictions for moving violations in a CMV
for the past 3 years, according to his driving record.

18. Lee T. Taylor

Mr. Taylor, 42, has worn a prosthetic right eye for 35 years, due
to an injury. Visual acuity in his left eye is 20/20 with correction.
His ophthalmologist examined him in 2000 and stated, ``My medical
opinion based on ophthalmologic findings is that Mr. Taylor should be
permitted to operate commercial motor vehicles.'' Mr. Taylor submitted
that he has driven tractor-trailer combinations for 7 years, traveling
766,000 miles, and straight trucks for 6 years, traveling 262,000
miles. He holds a Class A license from Florida, and his driving record
for the last 3 years shows no accidents and one conviction for a moving
violation--Unlawful Speed--in a CMV. He exceeded the speed limit by 9
mph.

19. James Melvin Tayman, Sr.

Mr. Tayman, 63, sustained an injury to the left eye approximately
40 years ago and has been blind in that eye ever since. His right eye
has visual acuity of 20/20, with correction. Following an examination
in 2001, his ophthalmologist stated, ``In addition to his excellent
visual function in the right eye, Mr. Tayman has a record of driving
400 miles per day professionally, since 1963, with no accidents. He is
fully able to operate a commercial vehicle, and is likely a safer
driver than most who pass through your office.'' Mr. Tayman submitted
that he has driven tractor-trailer combination vehicles for 23 years
accumulating 1.8 million miles, and straight trucks for 19 years
accumulating 1.5 million miles. He holds a Class A CDL from Maryland,
and his driving record shows no accidents or convictions for moving
violations in a CMV during the last 3 years.

20. Wesley E. Turner

Mr. Turner, 41, has an aphakic, amblyopic left eye due to trauma at
age 6. His vision in the right eye is 20/20 without correction, and in
the left eye 20/800 not correctable. He was examined in 2001 and his
ophthalmologist stated, ``Since his vision is stable, visual field is
normal and Mr. Turner has driven professionally in the past, I see no
reason he could not operate a commercial vehicle now.'' In his
application, Mr. Turner reported that he has driven tractor-trailer
combinations for 18 years, accumulating 1.3 million miles, and straight
trucks for 2 years, accumulating 50,000 miles. He holds a Texas Class A
CDL, and has no accidents or convictions for moving violations in a CMV
on his driving record for the past 3 years.

21. Edward W. Yeates, Jr.

Mr. Yeates, 33, has amblyopia in the right eye. His best vision
with correction is 20/80 in the right eye and 20/20 in the left eye.
Following an examination in 2000, his ophthalmologist certified,
``Since this condition has been present for the patient's entire life
he should have no difficulty judging distance and his peripheral vision
is entirely normal. I feel that he can safely operate a commercial
vehicle.'' Mr. Yeates submitted that he has driven tractor-trailer
combinations and straight trucks for 9 years, accumulating 720,000
miles in the former and 288,000 miles in the latter. He holds a
Mississippi Class A CDL, and his driving record for the last 3 years
shows no accidents and no convictions for moving violations in a CMV.

22. John C. Young

Mr. Young, 44, has amblyopia in the right eye. His visual acuity is
20/60 in the right eye and 20/15 in the left eye. Following a 2000
examination, his ophthalmologist noted, ``In my opinion, Mr. Young has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' According to Mr. Young, he has operated tractor-
trailer combinations for 20 years, accumulating 1.5 million miles. A
holder of a Class AM CDL from Virginia, he has had no accidents or
citations for moving violations in a CMV for the last 3 years.

Request for Comments

In accordance with 49 U.S.C. 31315 and 31136(e), the FMCSA is
requesting public comment from all interested persons on the exemption
petitions and the matters discussed in this notice. All comments
received before the close of business on the closing date indicated
above will be considered and will be available for examination in the
docket room at the above address. Comments received after the closing
date will be filed in the docket and will be considered to the extent
practicable, but the FMCSA may publish in the Federal Register a notice
of final determination at any time after the close of the comment
period. In addition to late comments, the FMCSA will also continue to
file in the docket relevant information which becomes available after
the closing date. Interested persons should continue to examine the
docket for new material.

Authority: 49 U.S.C. 322, 31136 and 31315; and 49 CFR 1.73.

Issued on: May 31, 2001.
Stephen E. Barber,
Acting Deputy Administrator.
[FR Doc. 01-14239 Filed 6-5-01; 8:45 am]
BILLING CODE 4910-EX-P