[Federal Register Volume 67, Number 63 (Tuesday, April 2, 2002)]
[Notices]
[Pages 15662-15665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-7913]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2002-11714]
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 FMCSA's receipt of applications from 30
individuals for an exemption from the vision requirement in the Federal
Motor Carrier Safety Regulations. 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 May 2, 2002.
ADDRESSES: You can mail or deliver comments to the U.S. Department of
Transportation, Dockets Management Facility, Room PL-401, 400 Seventh
Street, SW., Washington, DC 20590-0001. You can also submit comments as
well as see the submissions of other commenters at http://dms.dot.gov.
Please include the docket numbers that appear in the heading of this
document. You can examine and copy this document and all comments
received at the same Internet address or at the Dockets Management
Facility from 9 a.m. to 5 p.m., e.t., Monday through Friday, except
Federal holidays. If you want to know that we received your comments,
please include a self-addressed, stamped postcard or include a copy of
the acknowledgement page that appears after you submit 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, Mr. Joseph Solomey, Office of the
Chief Counsel, (202) 366-1374, FMCSA, Department of Transportation, 400
Seventh Street, S.W., 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
Thirty 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), 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.''
The statute also allows the agency to renew exemptions at the end of
the 2-year period. 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. Ronald M. Aure
Mr. Aure, age 57, has amblyopia of the left eye. His visual acuity
is 20/20 in the right eye and 20/200 in the left. Following an
examination in 2001, his optometrist certified, ``After extensive
testing, it is my medical opinion that Ronald Aure has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' In his application, Mr. Aure indicated he has driven
straight trucks for 5 years, accumulating 50,000 miles, and tractor-
trailer combinations for 37 years, accumulating 4.6 million miles. He
holds a Class A commercial driver's license (CDL) from Iowa, and his
driving record for the last 3 years shows no accidents or convictions
for moving violations in a CMV.
2. Steven S. Bennett
Mr. Bennett, 46, has amblyopia of the right eye. His visual acuity
is 20/200 in the right eye and 20/20 in the left. An optometrist
examined him in 2001 and stated, ``Based on my findings, and not
withstanding other factors, Mr. Bennett should have sufficient visual
acuity and peripheral vision to operate a commercial motor vehicle.''
In his application, Mr. Bennett indicated he has driven straight trucks
for 5 years, accumulating 250,000 miles, and tractor-trailer
combinations for 13 years,
[[Page 15663]]
accumulating 650,000 miles. He holds a Class A CDL from California, and
his driving record shows no accidents or convictions for moving
violations in a CMV during the last 3 years.
3. Joe W. Brewer
Mr. Brewer, 53, has a prosthetic right eye due to an injury in
1969. His corrected visual acuity is 20/20 in the left eye. An
optometrist examined him in 2001 and stated, ``Joe Brewer in my opinion
has sufficient vision to drive a commercial vehicle.'' According to Mr.
Brewer's application, he has driven straight trucks for 23 years,
accumulating 2.3 million miles. He holds a Class D driver's license
from South Carolina, and in the last 3 years he has had no accidents or
convictions for moving violations in a CMV, according to his driving
record.
4. Trixie L. Brown
Ms. Brown, 47, has amblyopia in her left eye. Her best-corrected
vision is 20/25 in the right eye and 20/50 in the left. Following an
examination in 2001, her optometrist certified, ``It is true Mrs. Brown
does not have normal acuity, but she is well adapted to this condition.
With her proper prescription in place she functions quite well. I think
that as long as her record is good she can continue in her current
position as a commercial vehicle operator.'' Ms. Brown submitted that
she has operated buses for 7 years, accumulating 105,000 miles. She
holds a Class B CDL from Indiana, and she has had no accidents or
convictions for traffic violations for the last 3 years, according to
her driving record.
5. James D. Coates
Mr. Coates, 60, underwent cataract surgery on his right eye in
1994. His vision is 20/80 in the right eye and 20/20 in the left. His
optometrist examined him in 2001 and certified, ``In my medical
opinion, Mr. Coates has 20/20 overall visual acuity uncorrected, and
has sufficient visual acuity to perform the driving tasks required to
operate a commercial vehicle.'' In his application, Mr. Coates
indicated he has driven straight trucks for 8 months, accumulating
24,000 miles, and tractor-trailer combinations for 31 years,
accumulating 3.1 million miles. He holds a Class A CDL from Arizona,
and his driving record for the past 3 years shows no accidents or
convictions for traffic violations in a CMV.
6. Michael D. DeBerry
Mr. DeBerry, 45, has amblyopia in his left eye. His best-corrected
vision is 20/25 in the right eye and 20/80 in the left. Following an
examination in 2001, his optometrist certified, ``In my opinion, Mr.
DeBerry has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. DeBerry reported that he has driven
straight trucks for 6 years, accumulating 90,000 miles, and tractor-
trailer combinations for 18 years, accumulating 2.1 million miles. He
holds a Class A CDL from West Virginia, and his driving record shows no
accidents or convictions for traffic violations in a CMV for the last 3
years.
7. James W. Ellis, IV
Mr. Ellis, 39, has been blind in the right eye since 1978 due to
trauma. His visual acuity in the left eye is 20/20. Following an
examination in 2001, his ophthalmologist affirmed, ``Yes, the patient
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Ellis holds a Class A CDL from New Jersey,
and reported that he has driven straight trucks for 2 years,
accumulating 200,000 miles, and tractor-trailer combinations for 18
years, accumulating 1.8 million miles. His driving record shows no
accidents or convictions for moving violations in a CMV for the past 3
years.
8. John E. Engstad
Mr. Engstad, 57, has amblyopia in his left eye. His best-corrected
visual acuity is 20/15-2 in the right eye and 20/70+1 in the left. An
ophthalmologist examined him in 2001 and certified, ``In my medical
opinion, you have sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Engstad stated he has
driven straight trucks for 5 years, accumulating 400,000 miles, and
tractor-trailer combinations for 10 years, accumulating 1.3 million
miles. He holds a Wisconsin Class ABCD CDL, and his driving record for
the last 3 years shows no accidents or convictions for moving
violations in a CMV.
9. Jose D. Espino
Mr. Espino, 40, lost his left eye due to trauma in 1980. His
uncorrected visual acuity is 20/20 in the right eye. His
ophthalmologist examined him in 2001 and certified, ``I believe that
Mr. Espino has adequate vision and peripheral visual field to operate
commercial vehicles as he has in the past.'' In his application, Mr.
Espino reported that he has driven tractor-trailer combinations for 20
years, accumulating 1.8 million miles. He holds a Florida Class A CDL.
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 9 mph.
10. Dan M. Francis
Mr. Francis, 43, has amblyopia in his right eye. His best-corrected
visual acuity is 20/200 in the right eye and 20/20 in the left. An
optometrist who examined him in 2001 certified, ``It is our judgment
that Mr. Francis' vision is good enough to operate a commercial vehicle
with no restrictions day or night.'' Mr. Francis submitted that he has
operated tractor-trailer combinations for 23 years, accumulating 2.3
million miles. He holds a Class A CDL from California. His driving
record shows he has had no accidents and two convictions for traffic
violations in a CMV for the last 3 years. Both convictions were for
Failure to Obey Traffic Sign.
11. David W. Grooms
Mr. Grooms, 46, has amblyopia in his right eye. His best-corrected
visual acuity is 20/40-2 in the right eye and 20/20 in the left.
Following an examination in 2001, his ophthalmologist certified, ``It
is my medical opinion that Mr. Grooms has sufficient vision to perform
commercial vehicle driving tasks.'' Mr. Grooms reported he has operated
tractor-trailer combinations for 16 years, accumulating 960,000 miles.
He holds a Class A CDL from Indiana. His driving record for the last 3
years shows no accidents and one conviction for a moving violation--
Speeding--in a CMV. He exceeded the speed limit by 11 mph.
12. Joe H. Hanniford
Mr. Hanniford, 57, has amblyopia in his left eye. His best-
corrected visual acuity is 20/20 in the right eye and 20/200 in the
left. Following an examination in 2001, his optometrist commented, ``As
stated before in my letter, I feel Mr. Hanniford's vision is stable and
is sufficient to drive a commercial vehicle.'' Mr. Hanniford submitted
that he has driven straight trucks for 24 years, accumulating 480,000
miles, and tractor-trailer combinations for 15 years, accumulating
124,000 miles. He holds a Class A CDL from South Carolina. His driving
record shows he has had no accidents and one conviction for a moving
violation--Speeding--in a CMV during the last 3 years. He exceeded the
speed limit by 9 mph.
13. David A. Inman
Mr. Inman, 45, is blind in his left eye due to an injury 13 years
ago. His visual acuity in the right eye is 20/20 without correction. An
optometrist examined
[[Page 15664]]
him in 2001 and certified, ``It is my opinion that he has performed his
driving skills now for many years without incident. He has sufficient
vision to perform the driving tasks required to operate any commercial
vehicle.'' Mr. Inman reported he has 8 years' and 320,000 miles'
experience driving straight trucks. He holds a Class A CDL from
Indiana, and his driving record for the last 3 years shows no accidents
or convictions for moving violations in a CMV.
14. Harry L. Jones
Mr. Jones, 47, has nerve damage in his right eye due to a viral
infection in childhood. His best-corrected visual acuities are 20/200
in the right eye and 20/25 in the left. His optometrist examined him in
2001 and certified, ``In my opinion Mr. Jones has sufficient visual
function to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Jones submitted that he has driven straight trucks for 6
years, accumulating 288,000 miles, and tractor-trailer combinations for
25 years, accumulating 2.5 million miles. He holds a Class A CDL from
Ohio. There are no CMV accidents and two convictions for moving
violations--Speeding--on his record for the last 3 years. He exceeded
the speed limit by 13 mph in one instance and 9 mph in the other.
15. Teddie W. King
Mr. King, 46, has amblyopia in his right eye. His corrected visual
acuity is 20/60-in the right eye and 20/20 in the left. Following an
examination in 2001, his optometrist stated, ``In my opinion, he has
sufficient vision to continue his operation of a commercial vehicle.''
Mr. King reported that he has driven tractor-trailer combinations for
20 years, accumulating 1.6 million miles. He holds a Class A CDL from
North Carolina, and his driving record shows he has had no accidents or
convictions for moving violations in a CMV over the last 3 years.
16. Richard B. Leonard
Mr. Leonard, 32, has amblyopia in his right eye. His vision is 20/
200 in the right eye and 20/20 in the left. An optometrist examined him
in 2002 and certified, ``In my opinion, this is a stable condition, and
due to past performance Mr. Leonard has proven his ability to perform
the driving tasks required to operate a commercial vehicle.'' Mr.
Leonard reported that he has operated tractor-trailer combinations for
6 years, accumulating 450,000 miles. He holds a Class A CDL from the
State of Washington. His driving record for the last 3 years shows he
has had no accidents and one conviction for a moving violation--
Speeding--in a CMV. He exceeded the speed limit by 16 mph.
17. Robert P. Martinez
Mr. Martinez, 54, has nerve damage to his right eye due to removal
of a pituitary adenoma in 1991. His best-corrected vision is 20/60-in
the right eye and 20/20 in the left. An ophthalmologist examined him in
2001 and stated, ``It is my opinion that Mr. Martinez has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Martinez, who holds a Class C driver's license from
California, reported that he has been driving straight trucks for 35
years, accumulating 700,000 miles. His driving record shows he has had
no accidents and one conviction for a traffic violation--Traveling in
the Car Pool Lane--in a CMV during the last 3 years.
18. Michael L. McNeish
Mr. McNeish, 32, has amblyopia in his left eye. His visual acuity
in the right eye is 20/20 and in the left 20/200. An optometrist
examined him in 2001 and certified, ``With Michael's only deficiency
being central vision loss in the left eye and a full field of view in
that eye, I feel he should have no difficulty in performing the driving
tasks required to operate a commercial vehicle.'' In his application,
Mr. McNeish stated he has 6 years' and 90,000 miles' experience
operating tractor-trailer combinations. He holds a Class A CDL from
Pennsylvania, and there are no accidents or convictions for moving
violations in a CMV on his record for the last 3 years.
19. David E. Miller
Mr. Miller, 45, has amblyopia in his left eye. His best-corrected
visual acuity is 20/20 in the right eye and 20/400 in the left. An
optometrist examined him in 2001 and certified, ``Mr. Miller clearly
has sufficient vision to operate a commercial vehicle.'' Mr. Miller
submitted that he has driven straight trucks for 1\1/2\ years,
accumulating 30,000 miles, and tractor-trailer combinations for 1\1/2\
years, accumulating 210,000 miles. He holds a Class A CDL from Florida.
His driving record shows he has had no accidents and one conviction--
Failure to Obey Traffic Instruction Sign/Device--while operating a CMV
during the last 3 years.
20. Bobby G. Minton
Mr. Minton, 60, has amblyopia of the left eye. His best-corrected
vision is 20/20 in the right eye and 20/70-1 in the left. Following an
examination in 2001, his optometrist stated, ``In my medical opinion, I
feel that Mr. Minton has sufficient vision to perform driving tasks
while operating a commercial vehicle.'' Mr. Minton reported that he has
10 years' experience operating straight trucks, accumulating 1.2
million miles. He holds a Class A CDL from North Carolina. There are no
accidents and one conviction for a moving violation--Drive on Wrong
Side of Undivided Street/Road--in a CMV on his driving record for the
last 3 years.
21. Lawrence C. Moody
Mr. Moody, 58, has a prosthetic left eye due to trauma at age 24.
The visual acuity of his right eye is 20/20. Following an examination
in 2001, his optometrist certified, ``In my opinion, Mr. Moody has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' According to his application, Mr. Moody has
operated straight trucks for 5 years, accumulating 250,000 miles, and
tractor-trailer combinations for 23 years, accumulating 2.8 million
miles. He holds a Class A CDL from New Jersey. His driving record for
the last 3 years shows that he had one accident and two convictions for
moving violations in a CMV, all on separate occasions. The accident
occurred when his vehicle collided with another vehicle at an
intersection controlled by a traffic light. The other driver, and not
Mr. Moody, was charged in the accident. The traffic violations were
Speeding and Fail to Obey Sign/Traffic Control Device. He exceeded the
speed limit by 15 mph.
22. Stanley W. Nunn
Mr. Nunn, 37, has a congenital cataract in his right eye. He has
hand-motion vision in the right eye and 20/20 vision in the left.
Following an examination in 2002, his optometrist certified, ``In my
opinion, Mr. Nunn has sufficient vision to perform any driving task
required for a commercial vehicle.'' Mr. Nunn submitted that he has
driven straight trucks for 7 years, accumulating 98,000 miles. He holds
a Class B CDL from Tennessee. His driving record for the last 3 years
shows no accidents or convictions for traffic violations in a CMV.
23. William R. Proffitt
Mr. Proffitt, 41, has amblyopia in his left eye. His visual acuity
is 20/20 in the right eye and 20/200 in the left. Following an
examination in 2001, his ophthalmologist certified, ``Therefore, in my
medical opinion, Bill has sufficient
[[Page 15665]]
vision to operate a commercial vehicle.'' Mr. Proffitt submitted that
he has driven straight trucks for 4 years, accumulating 40,000 miles.
He holds a Class B CDL from Arkansas, and his driving record shows he
has had no accidents or convictions for moving violations in a CMV in
the last 3 years.
24. Charles L. Schnell
Mr. Schnell, 53, has a prosthetic right eye following removal of
the eye for an ocular tumor in 1955. His corrected visual acuity is 20/
20 in the left eye. An ophthalmologist who examined him in 2001
certified, ``The patient has normal visual function in his left eye. He
has normal peripheral vision and normal central vision and this should
supply him with sufficient vision to perform driving tasks. However,
this only qualifies his visual potential and not overall competency to
perform the tasks of operating a commercial vehicle.'' Mr. Schnell
reported that he has driven tractor-trailer combination vehicles for 10
years, accumulating 900,000 miles. He holds a Class A CDL from Florida.
His driving record for the last 3 years shows one accident and no
convictions for moving violations in a CMV. Another vehicle crossed the
centerline and struck his vehicle. He was not charged in the accident.
25. Charles L. Shirey
Mr. Shirey, 51, has amblyopia in his left eye. He has best-
corrected visual acuity of 20/20+ in the right eye and 20/300 in the
left. Following an examination in 2001, his optometrist stated, ``My
impression is that Mr. Charles L. Shirey has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Shirey submitted that he has driven straight trucks for 6 years,
accumulating 600,000 miles, and tractor-trailer combinations for 19
years, accumulating 2.0 million miles. He holds a Pennsylvania Class AM
CDL, and his driving record shows that during the last 3 years he has
had no accidents or convictions for moving violations in a CMV.
26. James R. Spencer, Sr.
Mr. Spencer, 61, has amblyopia in his left eye. The best-corrected
visual acuity of his right eye is 20/20 and of his left eye 20/60. His
optometrist examined him in 2001 and stated, ``This letter is to
certify that in my professional opinion, found on the exam done in my
office on December 19, 2001, Mr. Spencer has adequate vision to perform
the driving tasks required of a commercial vehicle driver.'' Mr.
Spencer reported that he has driven tractor-trailer combinations for 43
years, accumulating 4.3 million miles. He holds a Class A CDL from
Florida, and his driving record for the last 3 years shows no accidents
or convictions for moving violations in a CMV.
27. David E. Steinke
Mr. Steinke, 50, has congenital right anophthalmia. His best-
corrected vision in the left eye is 20/15+. An optometrist examined him
in 2001 and certified, ``I will again reaffirm that in my medical
opinion, David has sufficient visual skills to operate a commercial
vehicle.'' Mr. Steinke submitted that he has driven tractor-trailer
combinations for 24 years, accumulating 2.6 million miles. He holds a
Class ABCD CDL from Wisconsin, and has no accidents or convictions for
moving violations in a CMV on his driving record for the last 3 years.
28. Kevin R. Stoner
Mr. Stoner, 28, has amblyopia in his right eye. His best-corrected
vision is 20/400 in the right eye and 20/15 in the left. An optometrist
examined him in 2001 and stated, ``Once again, my clinical evaluation
of this patient reveals no reason why this patient should not qualify
for an interstate commercial driver's license under the waiver for
monocular drivers without an optical correction.'' Mr. Stoner reported
he has driven straight trucks for 2\1/2\ years, accumulating 150,000
miles, and tractor-trailer combinations for 6 years, accumulating
360,000 miles. He holds a Pennsylvania Class A CDL, and he has had no
accidents or convictions for moving violations in a CMV for the past 3
years, according to his driving record.
29. Carl J. Suggs
Mr. Suggs, 64, has a macular scar in his left eye. His best-
corrected visual acuity is 20/20 in the right eye and 20/400 in the
left. An ophthalmologist examined him in 2001 and certified, ``Mr.
Suggs has been driving commercial vehicles for many years and has an
exemplary record and it is my opinion that he has sufficient vision to
perform the driving task required to operate a commercial vehicle.''
Mr. Suggs reported that he has driven straight trucks for 32 years,
accumulating 390,000 miles, and buses for 41 years, accumulating 2.2
million miles. He holds a Class B CDL from North Carolina, and his
driving record for the last 3 years shows no accidents or convictions
for moving violations in a CMV.
30. James A. Torgerson
Mr. Togerson, 51, has amblyopia in his left eye. His best-corrected
visual acuities are 20/20 in the right eye and 20/200 in the left. An
optometrist examined him in 2001 and certified, ``In my opinion, Mr.
Torgerson is visually capable of operating a commercial motor
vehicle.'' Mr. Torgerson submitted that he has driven straight trucks
for 5 years, accumulating 250,000 miles, and tractor-trailer
combinations for 5 years, accumulating 625,000 miles. He holds a Class
A CDL from Minnesota, and his driving record for the past 3 years shows
no accidents or convictions for moving violations in a CMV.
Request for Comments
In accordance with 49 U.S.C. 31315 and 31136(e), 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.
Issued on: March 27, 2002.
Julie Anna Cirillo,
Chief Safety Officer.
[FR Doc. 02-7913 Filed 4-1-02; 8:45 am]
BILLING CODE 4910-EX-P