[Federal Register Volume 68, Number 76 (Monday, April 21, 2003)]
[Notices]
[Pages 19598-19601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9731]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2003-14504]
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
29 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 21, 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.
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review the
Department of Transportation's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (Volume 65, Number 70;
Pages 19477-78) or you may visit http://dms.dot.gov.
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 29 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 C. Boyne
Mr. Boyne, 52, has retinopathy of prematurity in his right eye. His
best-corrected visual acuity in the right eye is 20/400 and in the
left, 20/20. His ophthalmologist examined him in 2002 and stated,
``Based upon these findings, this individual has sufficient vision to
perform driving tasks required to operate a commercial vehicle.'' Mr.
Boyne submitted that he has driven tractor-trailer combinations for 9
years, accumulating 1.0 million miles. He
[[Page 19599]]
holds a Class A commercial driver's license (CDL) from Florida. 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 moved into Mr. Boyne's lane, striking his
vehicle. The report indicated that the other driver contributed to the
accident by ``failure to keep in proper lane.'' Mr. Boyne was not
cited.
2. Clifford D. Carpenter
Mr. Carpenter, 59, lost his right eye due to an injury 17 years
ago. His best-corrected visual acuity in the left eye is 20/20.
Following an examination in 2002, his optometrist certified, ``It is my
medical opinion that Mr. Carpenter meets the conditions for
consideration for the vision exemption program, and has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Carpenter reported that he has driven straight trucks
for 41 years, accumulating 717,000 miles, and tractor-trailer
combinations for 39 years, accumulating 390,000 miles. He holds a Class
A CDL from Missouri. His driving record for the last 3 years shows no
accidents or convictions for moving violations in a CMV.
3. Bobby R. Carter, Sr.
Mr. Carter, 55, has had optic nerve atrophy in his left eye since
1998. His best-corrected visual acuity in the right eye is 20/20 and in
the left, light perception. Following an examination in 2002, his
optometrist certified, ``His vision is sufficient for operating a
commercial vehicle: distance acuity is clear, peripheral vision is full
and adequate for him to see all the mirrors.'' Mr. Carter reported that
he has driven tractor-trailer combinations for 12 years, accumulating
900,000 miles. He holds a Class CA CDL from Michigan. His driving
record shows no accidents or convictions for moving violations in a CMV
during the last 3 years.
4. Darryl D. Cassatt
Mr. Cassatt, 46, has a congenital cataract in his right eye. His
best-corrected visual acuity is 20/400 in the right eye and 20/20 in
the left. Following an examination in 2002, his optometrist certified,
``In my expert medical opinion, I feel Darryl Cassatt has sufficient
vision to operate a commercial vehicle.'' Mr. Cassatt submitted that he
has driven straight trucks for 3 years, accumulating 234,000 miles, and
tractor-trailer combinations for 4 years, accumulating 468,000 miles.
He holds a Class AM CDL from Iowa. His driving record shows no
accidents or convictions for moving violations in a CMV during the last
3 years.
5. Timothy H. Dubois
Mr. Dubois, 41, has amblyopia in his left eye. His best-corrected
visual acuity in the right eye is 20/20 and in the left, 20/300.
Following an examination in 2002, his optometrist certified, ``In my
medical opinion, I believe that Tim Dubois has sufficient vision
required to operate a commercial vehicle.'' Mr. Dubois reported that he
has driven straight trucks for 11 years, accumulating 440,000 miles,
and tractor-trailer combinations for 11 years, accumulating 55,000
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.
6. Robert E. Ezell, Jr.
Mr. Ezell, 43, has amblyopia in his left eye. His best-corrected
visual acuity is 20/20 in the right eye and 20/90 in the left.
Following an examination in 2002, his optometrist certified, ``Mr.
Ezell has had this condition (amblyopia) since he was a child, and it
is my medical opinion that he has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Ezell
reported that he has driven straight trucks for 15 years, accumulating
45,000 miles, and tractor-trailer combinations for 6 years,
accumulating 750,000 miles. He holds a driver's license from the State
of Washington. His driving record shows one accident and no convictions
for moving violations in a CMV. According to the police report, Mr.
Ezell's vehicle struck an unoccupied vehicle that rolled out of a
parking lot into his travel lane. The owner was cited for ``no proof of
insurance.'' Mr. Ezell was not cited.
7. Orasio Garcia
Mr. Garcia, 46, has amblyopia in his left eye. The visual acuity in
his right eye is 20/20 and in the left, hand motions. Following an
examination in 2002, his ophthalmologist certified, ``I am not familiar
with the criteria of vision requirements of a commercial vehicle
driver, but he has been doing this line of work all his life with
stable ophthalmologic condition, and I feel reasonably certain that Mr.
Garcia should be able to continue commercial operation as he has done
in the past.'' Mr. Garcia submitted that he has driven straight trucks
for 5 years, accumulating 20,000 miles, and tractor-trailer
combinations for 3 years, accumulating 300,000 miles. He holds a Class
A CDL from Texas. 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 failed to yield at a stop sign,
striking Mr. Garcia's vehicle. The other driver was cited for ``failure
to yield right of way at stop sign.'' Mr. Garcia was not cited.
8. Reginal Gillis
Mr. Gillis, 39, has amblyopia in his right eye. His best-corrected
visual acuity in the right eye is 20/100 and in the left, 20/20. His
ophthalmologist examined him in 2002 and stated, ``There is no evidence
with your current eye condition that will prevent you from operating
any type of commercial motor vehicle.'' Mr. Gillis submitted that he
has driven straight trucks for 15 years, accumulating 7,000 miles. He
holds a Class B CDL from Florida. His driving record for the last 3
years shows no accidents or convictions for moving violations in a CMV.
9. Raymond D. Gromley
Mr. Gromley, 58, lost the vision in his left eye due to trauma in
1992. His best-corrected visual acuity in the right eye is 20/20.
Following an examination in 2002, his ophthalmologist stated, ``In my
opinion, Raymond's vision in his remaining eye is satisfactory for him
to perform driving tasks required to operate a commercial vehicle.''
Mr. Gromley submitted that he has driven straight trucks for 42 years,
accumulating 420,000 miles, and tractor-trailer combinations for 16
years, accumulating 560,000 miles. He holds a Class A CDL from Ohio.
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.
10. Dennis K. Harris
Mr. Harris, 41, lost his right eye due to an accident in 1982. The
visual acuity in his left eye is 20/15. An ophthalmologist examined him
in 2002 and stated, ``He appears well-adapted to being one-eyed. He has
a totally normal left eye with excellent vision without any correction,
and he should be able to drive using this eye. Specifically, he should
be able to drive a commercial vehicle for the tasks required of him by
his employer.'' Mr. Harris submitted that he has driven straight trucks
for 17 years, accumulating 527,000 miles. He holds a Class CM driver's
license from Georgia. His driving record shows no accidents or
convictions for moving violations in a CMV during the last 3 years.
[[Page 19600]]
11. Donald E. Howell
Mr. Howell, 61, has count fingers vision in his left eye due to
toxoplasmosis chorioretinitis in 1975. His best-corrected visual acuity
in the right eye is 20/20. Following an examination in 2002, his
ophthalmologist stated, ``In my opinion, you have more than enough
vision to perform all driving tasks required of a commercial driver in
a large commercial vehicle.'' Mr. Howell reported that he has driven
straight trucks for 40 years, accumulating 80,000 miles, and tractor-
trailer combinations for 38 years, accumulating 3.0 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.
12. Tommy T. Hudson
Mr. Hudson, 49, has a retinal scar in his right eye due to
histoplasmosis. The visual acuity in his right eye is light perception
and in the left, 20/20. His optometrist examined him in 2002 and
certified, ``In my opinion, I believe the patient has sufficient vision
in both eyes to operate a commercial vehicle.'' Mr. Hudson reported
that he has driven tractor-trailer combinations for 30 years,
accumulating 2.3 million miles. He holds a Class AM CDL from Virginia.
His driving record for the last 3 years shows no accidents or
convictions for moving violations in a CMV.
13. William D. Johnson
Mr. Johnson, 53, has amblyopia in his left eye. His best-corrected
visual acuity in the right eye is 20/20 and in the left, 20/400. An
optometrist examined him in 2002 and stated, ``In my professional
opinion, Mr. Johnson has sufficient vision to perform driving tasks
that he has performed for the past 35 years. Anyone that has an
amblyopic eye since birth has learned to compensate for their
deficiency, and is very capable of continuing driving until he starts
to have a decrease in visual acuity in his right eye.'' Mr. Johnson
submitted that he has driven tractor-trailer combinations for 35 years,
accumulating 1.9 million miles. He holds a Class A CDL from Oklahoma.
His driving record for the last 3 years shows no accidents or
convictions for moving violations in a CMV.
14. Raymond T. Jones, Jr.
Mr. Jones, 46, has a macular scar in his right eye due to an injury
at the age of 13. His best-corrected visual acuity is 20/70 in the
right eye and 20/20 in the left. Following an examination in 2002, his
ophthalmologist certified, ``Mr. Jones has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr. Jones
reported that he has driven tractor-trailer combinations for 21 years,
accumulating 1.9 million miles. He holds a Class A CDL from North
Carolina. His driving record shows one accident and no convictions for
moving violations in a CMV. According to the police report, Mr. Jones
collided with a vehicle that swerved into his lane after being
sideswiped by a hit and run driver. The report indicated that the
driver of the hit and run vehicle was not known, and none of the
drivers was charged.
15. Edward J. Kasper
Mr. Kasper, 66, has reduced vision in his left eye due to an
accident 60 years ago. His best-corrected visual acuity in the right
eye is 20/20 and in the left, 20/200. An ophthalmologist examined him
in 2002 and certified, ``The patient has more than sufficient vision to
perform the tasks required to operate a commercial vehicle.'' Mr.
Kasper reported that he has driven buses for 5 years, accumulating
225,000 miles. He holds a Class B CDL from Delaware. 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 10 mph.
16. Jimme D. Kline
Mr. Kline, 44, has amblyopia in his left eye. The visual acuity in
his right eye is 20/20 and in the left, 20/400. An ophthalmologist
examined him in 2002 and stated, ``Jimme Kline's uncorrected vision is
sufficient for driving commercial vehicles.'' Mr. Kline submitted that
he has driven straight trucks for 25 years, accumulating 625,000 miles,
and tractor-trailer combinations for 4 years, accumulating 400,000
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.
17. Phillip L. Mangen
Mr. Mangen, 37, has amblyopia in his left eye. His best-corrected
visual acuity is 20/15 in the right eye and 20/60 in the left. An
optometrist examined him in 2002 and stated, ``I feel Phillip Mangen
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Mangen submitted that he has driven
tractor-trailer combinations for 15 years, accumulating 1.5 million
miles. He holds a Class A CDL from Ohio. His driving record for the
last 3 years shows no accidents or convictions for moving violations in
a CMV.
18. Paul V. Mattingly
Mr. Mattingly, 47, has amblyopia in his right eye. His best-
corrected visual acuity in the right eye is 20/200 and in the left, 20/
15. His optometrist examined him in 2002 and stated, ``Mr. Mattingly
has sufficient visual performance to operate a commercial vehicle.''
Mr. Mattingly reported that he has driven straight trucks for 27 years,
accumulating 891,000 miles. He holds a Class B driver's license from
Illinois. His driving record shows no accidents or convictions for
moving violations in a CMV during the last 3 years.
19. Steven M. Montalbo
Mr. Montalbo, 45, lost his left eye due to injury 36 years ago. His
best-corrected visual acuity in the right eye is 20/15. Following an
examination in 2002, his optometrist certified, ``Based upon these
findings, we feel that the patient has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Montalbo
submitted that he has driven straight trucks for 7 years, accumulating
698,000 miles, and tractor-trailer combinations for 25 years,
accumulating 624,000 miles. He holds a Class A CDL from California. His
driving record for the last 3 years shows no accidents or convictions
for moving violations in a CMV.
20. Bernard E. Roche
Mr. Roche, 65, has had scarring of the retina in his right eye due
to injury since 1995. His corrected visual acuity is 20/20 in the right
eye and 20/100 in the left. Following an examination in 2002, his
optometrist commented, ``In my opinion, Mr. Roche has sufficient vision
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Roche submitted that he has driven straight trucks for
42 years, accumulating 840,000 miles. He holds a Class A CDL from
Virginia. His driving record for the last 3 years shows no accidents or
convictions for moving violations in a CMV.
21. Charles J. Rowsey
Mr. Rowsey, 39, lost his right eye due to injury 18 years ago. The
visual acuity in his left eye is 20/15. Following an examination in
2002, his optometrist certified, ``In my professional opinion, Charles
Rowsey has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Rowsey reported that he has driven
tractor-trailer combinations for 16 years, accumulating 1.0 million
miles. He holds a Class A CDL from North Carolina. His driving record
shows no accidents or convictions for moving
[[Page 19601]]
violations in a CMV during the last 3 years.
22. Vincent Rubino
Mr. Rubino, 33, has amblyopia in his right eye. His best-corrected
visual acuity is counting fingers in the right eye and 20/20 in the
left. His ophthalmologist examined him in 2002 and stated, ``Based on
my exam and Mr. Rubino's past history, I feel he has sufficient vision
to perform the tasks required to operate a commercial vehicle.'' Mr.
Rubino reported that he has driven straight trucks for 4 years,
accumulating 200,000 miles, and tractor-trailer combinations for 10
years, accumulating 550,000 miles. He holds a Class A CDL from New
Jersey. His driving record shows no accidents or convictions for moving
violations in a CMV during the last 3 years.
23. Randy G. Spilman
Mr. Spilman, 47, has amblyopia in his right eye. His best-corrected
visual acuity is 20/50 in the right eye and 20/20 in the left. His
optometrist examined him in 2002 and stated, ``It is my medical opinion
that Mr. Spilman's vision is sufficient to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Spilman submitted that
he has driven tractor-trailer combinations for 16 years, accumulating
1.9 million miles. He holds a Class A CDL from Ohio. His driving record
for the last 3 years shows no accidents or convictions for moving
violations in a CMV.
24. Wyatt W. Thayer, Jr.
Mr. Thayer, 63, has had open angle glaucoma and iritis in his right
eye since 1997. His best-corrected visual acuity is 20/40-2 in the
right eye and 20/20 in the left. His optometrist examined him in 2002
and stated, ``In my medical opinion, Mr. Thayer has more than
sufficient vision to perform the driving tasks of a commercial
vehicle.'' Mr. Thayer reported that he has driven tractor-trailer
combinations for 16 years, accumulating 974,000 miles. He holds a Class
A CDL from North Carolina. His driving record for the last 3 years
shows no accidents or convictions for moving violations in a CMV.
25. Thomas S. Thompson
Mr. Thompson, 61, is blind in his left eye due to trauma in 1974.
His best-corrected visual acuity in the right eye is 20/20. His
optometrist examined him in 2002 and certified, ``It is my opinion that
this individual has sufficient vision to perform the driving tasks of
operating a commercial vehicle as he has done previously for the past
25 years without incident.'' Mr. Thompson submitted that he has driven
tractor-trailer combinations for 28 years, accumulating 2.1 million
miles. Mr. Thompson holds a Class A CDL from Nebraska. His driving
record shows no accidents or convictions for moving violations in a CMV
during the last 3 years.
26. Robert A. Wegner
Mr. Wegner, 38, has amblyopia in his left eye. His best-corrected
visual acuity in the right eye is 20/20 and in the left, 20/200.
Following an examination in 2002, his optometrist certified, ``The
condition of amblyopia is one that Robert has compensated for his
entire life and, in my opinion, will not impair his ability to safely
operate any motor vehicle.'' Mr. Wegner submitted that he has driven
tractor-trailer combinations for 7 years, accumulating 390,000 miles.
He holds a Class A CDL from Minnesota. His driving record for the last
3 years shows no accidents and one conviction for a moving violation in
a CMV. Mr. Wegner failed to obey a stop sign.
27. John E. Wertz
Mr. Wertz, 48, has amblyopia in his right eye. His best-corrected
visual acuity in the right eye is 20/60 and in the left, 20/20. His
optometrist examined him in 2002 and certified, ``In my medical
opinion, I feel John is capable of performing the driving tasks
necessary to operate a commercial vehicle.'' Mr. Wertz reported that he
has driven tractor-trailer combinations for 14 years, accumulating 1.7
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.
28. John W. Williams
Mr. Williams, 56, lost his left eye due to trauma in childhood. The
visual acuity in his right eye is 20/20. An optometrist examined him in
2002 and certified, ``His visual capacity should be sufficient to
perform commercial vehicle operation.'' Mr. Williams reported that he
has driven straight trucks for 20 years, accumulating 322,000 miles,
and tractor-trailer combinations for 12 years, accumulating 1.2 million
miles. He holds a Class AM CDL from Illinois. His driving record for
the last 3 years shows no accidents or convictions for moving
violations in a CMV.
29. Christopher D. Yates
Mr. Yates, 31, has amblyopia in his left eye. His best-corrected
visual acuity is 20/20 in the right eye and 20/60 in the left.
Following an examination in 2002, his optometrist certified, ``Chris
has sufficient vision to operate a commercial vehicle safely.'' Mr.
Yates reported that he has driven straight trucks for 3 years,
accumulating 60,000 miles. He holds a Class DC operator's license/CDL
from Kentucky. His driving record shows no accidents and one conviction
for a moving violation--``disregarding a stop sign''--in a CMV during
the last 3 years.
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
applications 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: April 15, 2003.
Pamela Pelcouits,
Acting Associate Administrator, Policy, Plans and Regulation.
[FR Doc. 03-9731 Filed 4-18-03; 8:45 am]
BILLING CODE 4910-EX-P