[Federal Register Volume 67, Number 239 (Thursday, December 12, 2002)]
[Notices]
[Pages 76439-76442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31356]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2002-13411]
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 publishes the FMCSA's receipt of applications from
33 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 January 13, 2003.
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 at
http://dms.dot.gov. Please include the docket number that appears 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 us to notify you that we
received your comments, please include a self-addressed, stamped
envelope or postcard.
FOR FURTHER INFORMATION CONTACT: Ms. Sandra Zywokarte, Office of Bus
and Truck Standards and Operations, (202) 366-2987, FMCSA, Department
of Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001.
Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through
Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 31315 and 31136(e), the 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.
The 33 individuals listed in this notice have recently 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.
Qualifications of Applicants
1. Michael D. Archibald
Mr. Archibald, age 57, lost his right eye in 1967 due to trauma.
The visual acuity in his left eye is 20/15 corrected. His optometrist
examined him in 2002 and stated, ``It is my opinion, and I will certify
that the ocular health and visual condition of Michael D. Archibald,
Sr. are stable and that he has demonstrated the visual competency
required to perform the driving tasks of a commercial vehicle.'' Mr.
Archibald reported that he has 5 years and 7,000 miles of experience in
operating straight trucks, and 14 years and 1.2 million miles of
experience in operating tractor-trailer combinations. He holds a Class
A commercial driver's license (CDL) from the State of Washington, and
his driving record for the last 3 years shows no accidents or
convictions for traffic violations in a CMV.
2. Howard K. Bradley
Mr. Bradley, 38, has optic nerve atrophy in his right eye due to an
accident in 1983. His visual acuity is 20/400 in the right eye and 20/
20 in the left. An ophthalmologist who examined him in 2002 certified,
``In my medical opinion, this patient has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr.
Bradley submitted that he has operated tractor-trailer combinations for
19 years, accumulating 1.7 million miles. He holds a Class AM CDL from
Virginia. His driving record shows he has had one accident and no
convictions for traffic violations in a CMV during the last 3 years.
According to the police report, a driver following Mr. Bradley rear-
ended his vehicle. The other driver was charged with ``Reckless
Driving'; Mr. Bradley was not cited.
3. Kirk G. Braegger
Mr. Braegger, 52, has amblyopia in his left eye. His best-corrected
visual acuity is 20/30 in the right eye and 20/80 in the left. An
ophthalmologist examined him in 2002 and stated, ``I certify that he
does have sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Braegger reported that he has
driven tractor-trailer combinations for 20 years, accumulating 2.4
million miles. He holds a Class A CDL from Utah. His driving record for
the last 3 years shows no accidents or convictions for moving
violations in a CMV.
4. Daniel L. Butler
Mr. Butler, 60, has amblyopia in his left eye. His best-corrected
visual acuity is 20/20 in the right eye and 20/200 in the left. An
ophthalmologist examined him in 2002 and stated, ``In my professional
opinion, this person has sufficient vision to continue to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Butler
reported that he has driven straight trucks for 18 years, accumulating
1.0 million miles, and tractor-trailer combinations for 20 years,
accumulating 1.2 million miles. He holds a Class A CDL from South
Carolina. His driving record for the last 3 years shows one accident
and no convictions for moving violations in a CMV. According to the
police report, the driver of another vehicle ran over the curb of the
median. The driver stated that she was forced to move toward the median
when Mr. Butler changed into her lane. Mr. Butler stated that he
observed the other vehicle
[[Page 76440]]
to be approximately a truck-length behind him when he started to change
lanes. Neither driver was cited.
5. Ambrosio E. Calles
Mr. Calles, 55, has amblyopia in his right eye. His best-corrected
visual acuity is 20/200 in the right eye and 20/20 in the left.
Following an examination in 2002 his optometrist stated, ``I certify
that in my medical opinion Mr. Calles has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr.
Calles submitted that he has driven straight trucks for 2 years,
accumulating 82,000 miles, and tractor-trailer combinations for 3
years, accumulating 123,000 miles. He holds a Class A CDL from New
Mexico. His driving record for the last 3 years shows no accidents or
convictions for moving violations in a CMV.
6. Sandy Clark
Mr. Clark, 67, incurred damage to the macula area of his right eye
due to injury 40 years ago. His visual acuity is 20/200 in the right
eye and 20/20 in the left. An optometrist examined him in 2002 and
certified, ``Due to his past driving record and good vision when using
both eyes, I feel his vision is adequate to safely operate a commercial
motor vehicle.'' Mr. Clark reported that he has driven straight trucks
for 22 years, accumulating 143,000 miles, and tractor-trailer
combinations for 9 years, accumulating 270,000 miles. He holds a Class
A CDL from Louisiana. His driving record for the last 3 years shows one
accident and no convictions for moving violations in a CMV. According
to the police report, another driver entered the roadway from a private
driveway and struck Mr. Clark's vehicle on the side as Mr. Clark
swerved to avoid the collision. The other driver was charged with
``Failure to Yield'; Mr. Clark was not cited.
7. Jose G. Cruz
Mr. Cruz, 32, lost his left eye due to trauma 23 years ago. The
uncorrected visual acuity in his right eye is 20/20. Following an
examination in 2002, his ophthalmologist certified, ``Mr. Cruz in all
regards is able to operate a commercial vehicle as safely as possible
with his current vision such as he has been doing in the past.'' Mr.
Cruz submitted that he has driven tractor-trailer combinations for 4
years, accumulating 336,000 miles. He holds a Class A CDL from Texas.
His driving record for the last 3 years shows no accidents or
convictions for moving violations in a CMV.
8. Everett A. Doty
Mr. Doty, 39, has amblyopia in his left eye. His best-corrected
visual acuity in the right eye is 20/15 and in the left, 20/80. An
optometrist examined him in 2002 and stated, ``In my medical opinion,
Everett Allen Doty has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Doty submitted that he
has driven straight trucks for 22 years, accumulating 220,000 miles. He
holds a Class A driver's license from Arizona. His driving record for
the last 3 years shows no accidents or convictions for moving
violations in a CMV.
9. Donald K. Driscoll
Mr. Driscoll, 35, has amblyopia in his right eye. His visual acuity
is 20/70 in the right eye and 20/20 in the left. Following an
examination in 2002, his ophthalmologist certified, ``In my opinion,
Mr. Driscoll has vision sufficient and adequate for the performance of
the driving tasks required to operate a commercial vehicle.'' Mr.
Driscoll reported that he has driven straight trucks for 6 years,
accumulating 84,000 miles. He holds a Class A CDL from Massachusetts,
and there are no accidents or convictions for moving violations on his
driving record for the last 3 years.
10. Donald J. Goretski
Mr. Goretski, 57, has had retinal scarring in his left eye since
1996. His best-corrected visual acuity is 20/20 in the right eye and
20/200+ in the left. Following an examination in 2002 his optometrist
stated, ``It is my opinion that Mr. Goretski has adequate visual acuity
and peripheral vision to safely operate a commercial motor vehicle.''
Mr. Goretski reported that he has driven straight trucks for 2 years,
accumulating 120,000 miles, and tractor-trailer combinations for 32
years, accumulating 3.2 million miles. He holds a Class ABCD CDL from
Wisconsin. His driving record for the last 3 years shows no accidents
or convictions for moving violations in a CMV.
11. Alf M. Gronstedt
Mr. Gronstedt, 56, has amblyopia in his right eye. His best-
corrected visual acuity is 20/200 in the right eye and 20/25 in the
left. Following an examination in 2002, his optometrist certified, ``In
my medical opinion, Alf M. Gronstedt should be able to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Gronstedt
reported that he has driven tractor-trailer combinations for 35 years,
accumulating 2.8 million miles. He holds a Class A CDL from Texas, and
his driving record shows that he has had no accidents or convictions
for traffic violations in a CMV during the last 3 years.
12. David R. Gross
Mr. Gross, 63, has had retinal scarring in his left eye for 35
years. His best-corrected visual acuity is 20/20-1 in the right eye and
20/200 in the left. Following an examination in 2002, his optometrist
stated, ``I believe that Mr. Gross has the visual ability to perform
the driving tasks required to operate a commercial vehicle.'' Mr. Gross
submitted that he has driven straight trucks for 20 years, accumulating
1.6 million miles. He holds a Class A CDL from Pennsylvania. His
driving record shows no accidents or convictions for moving violations
in a CMV during the last 3 years.
13. Thomas L. Hall
Mr. Hall, 47, has amblyopia in his right eye. His best-corrected
visual acuity is 20/200 in the right eye and 20/40 in the left. An
ophthalmologist examined him in 2002 and certified, ``Based upon my
examination of Mr. Thomas Hall, it is my medical opinion that he has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Hall submitted that he has driven straight
trucks for 16 years, accumulating 560,000 miles, and tractor-trailer
combinations for 11 years, accumulating 330,000 miles. He holds a Class
AM CDL from New York. His driving record for the past 3 years shows one
accident and no convictions for moving violations in a CMV. According
to the police report, Mr. Hall was proceeding through an intersection
on a green light when another driver attempting to make a right turn on
red struck his vehicle. Neither driver was cited.
14. Raymond G. Hayden
Mr. Hayden, 60, lost all but light perception in his left eye in
1988 after failure of a retinal detachment procedure. The best-
corrected visual acuity in his right eye is 20/20. An ophthalmologist
examined him in 2002 and certified, ``In my opinion he has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle provided he meets all the other requirements of the visual
exemption program.'' Mr. Hayden reported that he has driven tractor-
trailer combinations for 35 years, accumulating 3.5 million miles. He
holds a Class A CDL from Louisiana. His driving record shows no
accidents or convictions for moving violations in a CMV during the last
3 years.
[[Page 76441]]
15. Harry P. Henning
Mr. Henning, 38, lost his right eye due to injury at the age of 8.
His uncorrected visual acuity in the left eye is 20/15. An optometrist
examined him in 2002 and certified, ``Although Harry's visual function
is slightly less than a binocular patient, I believe he has sufficient
vision to drive a commercial vehicle as long as he is careful in using
his mirrors and judgment.'' Mr. Henning reported that he has driven
straight trucks for 15 years, accumulating 225,000 miles, and tractor-
trailer combinations for 15 years, accumulating 300,000 miles. He holds
a Class A CDL from Pennsylvania. His driving record shows one accident
and no convictions for moving violations in a CMV during the last 3
years. According to the accident report, an oncoming vehicle crossed
the centerline and struck the vehicle that Mr. Henning was driving. The
other driver was cited for ``Roadways Laned for Traffic''; Mr. Henning
was not cited.
16. Bruce G. Horner
Mr. Horner, 51, has amblyopia in his left eye. His best-corrected
visual acuity is 20/20 in the right eye and 20/200 in the left. An
optometrist examined him in 2002 and certified, ``I believe that in my
medical opinion, Bruce has sufficient vision to perform driving tasks
required to operate a commercial vehicle.'' Mr. Horner submitted that
he has driven tractor-trailer combinations for 16 years, accumulating
2.1 million miles. He holds a Class A CDL from the State of Washington.
His driving record shows no accidents or convictions for moving
violations during the last 3 years.
17. Jeffery S. Lathrop
Mr. Lathrop, 42, has amblyopia in his left eye. His best-corrected
vision in the right eye is 20/20 and in the left, 20/400. An
optometrist examined him in 2002 and certified, ``In my opinion, Jeff
has sufficient vision to operate a commercial vehicle.'' Mr. Lathrop
submitted that he has driven straight trucks for 3 years, accumulating
39,000 miles, and tractor-trailer combinations for 11 years,
accumulating 352,000 miles. He holds a Class A CDL from North Carolina,
and there are no accidents or convictions for moving violations in a
CMV on his driving record for the last 3 years.
18. Tommy R. Masterson
Mr. Masterson, 48, has amblyopia in his left eye. His best-
corrected visual acuity is 20/20 in the right eye and 20/100 in the
left. Following an examination in 2002, his optometrist commented, ``It
is my opinion that Mr. Masterson has the vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Masterson
submitted that he has driven straight trucks for 25 years, accumulating
1.0 million miles, and tractor-trailer combinations for 20 years,
accumulating 850,000 miles. He holds a Class A CDL from Oregon, and his
driving record shows he has had no accidents or convictions for moving
violations in a CMV during the last 3 years.
19. Daniel A. McKeon
Mr. McKeon, 60, has amblyopia in his left eye. His best-corrected
visual acuity in the right eye is 20/20 and in the left, 20/70.
Following an examination in 2002, his optometrist commented, ``In my
opinion, Mr. McKeon's visual condition, refractive amblyopia--left eye,
does not prevent him from safely performing the driving tasks required
to operate a car or truck.'' Mr. McKeon reported that he has driven
straight trucks for 6 years, accumulating 300,000 miles, and tractor-
trailer combinations for 15 years, accumulating 1.9 million miles. He
holds a Class A CDL from Minnesota. His driving record shows no
accidents or convictions for moving violations in a CMV during the last
3 years.
20. Ralph J. Miles
Mr. Miles, 38, 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 2002 his ophthalmologist certified, ``My
medical opinion is that Mr. Miles has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Miles
submitted that he has driven straight trucks for 6 years, accumulating
240,000 miles. He holds a Class C driver's license from Oregon. His
driving record shows no accidents or convictions for moving violations
in a CMV for the last 3 years.
21. William R. New
Mr. New, 54, has amblyopia in his left eye. His best-corrected
visual acuity is 20/15 in the right eye and 20/70 in the left. An
ophthalmologist examined him in 2002 and certified, ``It is my medical
opinion that Mr. New's vision is sufficient to perform his job as a
commercial truck driver.'' Mr. New submitted that he has driven
straight trucks for 14 years, accumulating 840,000 miles, and tractor-
trailer combinations for 10 years, accumulating 600,000 miles. He holds
a Class A CDL from Arkansas. His driving record for the last 3 years
shows no accidents or convictions for moving violations in a CMV.
22. Kirby G. Oathout
Mr. Oathout, 51, has amblyopia in his left eye. His best-corrected
visual acuity is 20/20-1 in the right eye and 20/80-1 in the left.
Following an examination in 2002, his optometrist commented, ``Because
of the excellent vision in the right eye and the normal peripheral
vision in both eyes as well as the fact that he has had his entire life
to adapt to this condition, I believe Mr. Oathout has sufficient vision
to perform driving tasks related to driving a commercial vehicle.'' Mr.
Oathout submitted that he has driven straight trucks for 5 years,
accumulating 275,000 miles. He holds a Class ABCDM CDL from Wisconsin.
His driving record for the last 3 years shows no accidents or
convictions for moving violations in a CMV.
23. Ronald F. Prezzia
Mr. Prezzia, 47, has amblyopia in his right eye. His best-corrected
visual acuity is 20/60 in the right eye and 20/30 in the left. An
ophthalmologist examined him in 2002 and certified, ``In my medical
opinion, Mr. Prezzia has sufficient vision to perform the driving tasks
that are required to operate a commercial vehicle.'' Mr. Prezzia
reported that he has driven straight trucks for 1\1/2\ years,
accumulating 40,000 miles, and tractor-trailer combinations for 23
years, accumulating 1.1 million miles. He holds a Class A CDL from
Illinois. His driving record for the last 3 years shows no accidents or
convictions for moving violations in a CMV.
24. Joseph J. Rettenmeier
Mr. Rettenmeier, 38, has amblyopia in his left eye. His best-
corrected visual acuity is 20/20 in the right eye and 20/50 in the
left. An optometrist examined him in 2002 and certified, ``My medical
opinion is that Joe Rettenmeier has sufficient vision to perform all
the driving tasks required to operate a commercial vehicle.'' Mr.
Rettenmeier reported that he has driven straight trucks for 8 years,
accumulating 520,000 miles, and tractor-trailer combinations for 10
years, accumulating 1.0 million miles. He holds a Class A CDL from
Iowa. His driving record shows no accidents or convictions for moving
violations in a CMV during the last 3 years.
25. Thomas C. Rylee
Mr. Rylee, 55, has amblyopia in his left eye. His best-corrected
visual acuity is 20/20 in the right eye and 20/400 in the left.
Following an examination in 2002, his optometrist certified, ``Mr.
Rylee has sufficient vision to perform the driving tasks required to
operate a
[[Page 76442]]
commercial vehicle.'' In his application, Mr. Rylee indicated he has
driven tractor-trailer combinations for 26 years, accumulating 1.1
million miles, and buses for 3 years, accumulating 4,000 miles. He
holds a Class A CDL from Georgia, and his driving record for the last 3
years shows no accidents or convictions for moving violations in a CMV.
26. Stanley B. Salkowski III
Mr. Salkowski, 40, has amblyopia in his right eye. His visual
acuity is 20/60-in the right eye and 20/20 in the left. Following an
examination in 2002, his optometrist certified, ``His condition is
stable and it is my impression that his vision is sufficient to perform
all the driving tasks required to drive a commercial vehicle.'' Mr.
Salkowski submitted that he has driven straight trucks for 11 years,
accumulating 297,000 miles, and tractor-trailer combinations for 10
years, accumulating 680,000 miles. He holds a Class A CDL from
Pennsylvania, and his driving record shows he has had no accidents or
convictions for moving violations in a CMV in the last 3 years.
27. Wolfgang V. Spekis
Mr. Spekis, 47, has amblyopia in his left eye. His visual acuity is
20/25 in the right eye and 20/400 in the left. Following an examination
in 2002, his ophthalmologist stated, ``Given what he has told me, I do
believe that his visual acuity is sufficient to permit him to drive a
commercial vehicle accurately and that his diabetic retinopathy is not
at present leading to any visual deficiency.'' Mr. Spekis submitted
that he has driven straight trucks for 12 years, accumulating 720,000
miles. He has a Maryland Class B CDL, and there are no accidents or
convictions for moving violations on his driving record for the last 3
years.
28. James A. Stoudt
Mr. Stoudt, 50, has amblyopia in his left eye. His best-corrected
vision in the right eye is 20/20-2 and in the left, 20/100+. Following
an examination in 2002, his ophthalmologist stated, ``I feel that he
can compensate fairly well visually, and he is able to continue his
career as a truck driver from my standpoint.'' Mr. Stoudt submitted
that he has 14 years and 1.0 million miles of experience in driving
tractor-trailer combinations. He holds a Class A CDL from Pennsylvania,
and his driving record for the last 3 years contains no accidents or
convictions for moving violations in a CMV.
29. Michael G. Thomas
Mr. Thomas, 31, 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 2002 and stated, ``I certify that in my professional opinion,
Michael G. Thomas has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' In his application, Mr.
Thomas indicated he has 9 years and 148,000 miles of experience in
driving straight trucks. He holds a Class C driver's license from
Maryland, and his driving record shows no accidents or moving
violations in a CMV during the last 3 years.
30. Brian S. Thompson
Mr. Thompson, 38, has amblyopia in his left eye. His best-corrected
visual acuity in the right eye is 20/20 and in the left, 20/50. An
optometrist examined him in 2002 and stated, ``Brian has sufficient
visual function to perform his duties as a driver of commercial
vehicles.'' Mr. Thompson submitted that he has driven straight trucks
for 18 years, accumulating 201,000 miles. He holds a Class B CDL from
Ohio. His driving record shows no accidents or convictions for moving
violations in a CMV during the last 3 years.
31. William H. Twardus
Mr. Twardus, age 56, has amblyopia in his left eye. His best-
corrected visual acuity is 20/20 in the right eye and 20/100 in the
left. Following an examination in 2002, his optometrist certified, ``It
is my opinion that with the visual field and the visual acuity of Mr.
William Twardus that he has adequate vision to perform the driving
tasks that are required to operate a commercial vehicle.'' Mr. Twardus
reported that he has driven straight trucks for 24 years, accumulating
624,000 miles. He holds a Class A CDL from Delaware. His driving record
shows no accidents or convictions for moving violations in a CMV during
the last 3 years.
32. Ronald J. Watt
Mr. Watt, 71, lost his right eye in 1996 due to trauma. His best-
corrected visual acuity is 20/20 in the left eye. An optometrist
examined him in 2002 and certified, ``In my opinion, Mr. Watt has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Watt reported that he has driven straight
trucks for 40 years, accumulating 1.2 million miles, and tractor-
trailer combinations for 24 years, accumulating 2.5 million miles. He
holds a Class A CDL from North Dakota. His driving record shows no
accidents or convictions for moving violations in a CMV for the last 3
years.
33. Dale R. Wheeler
Mr. Wheeler, 49, has had a macular scar in his right eye since
birth. His best-corrected visual acuity is 20/260 in the right eye and
20/20 in the left. An optometrist examined him in 2002 and stated, ``In
my opinion, Dale Wheeler has sufficient vision to operate a commercial
vehicle.'' Mr. Wheeler reported that he has driven straight trucks for
1 year, accumulating 20,000 miles, and tractor-trailer combinations for
6 years, accumulating 600,000 miles. He holds a Class A CDL from North
Dakota. 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 15 mph.
Request for Comments
In accordance with 49 U.S.C. 31315 and 31136(e), the FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated earlier in the
notice.
Issued on: December 5, 2002.
Brian M. McLaughlin,
Associate Administrator, Policy and Program Development.
[FR Doc. 02-31356 Filed 12-11-02; 8:45 am]
BILLING CODE 4910-EX-P