Qualification of Drivers; Exemption Applications; Vision, 30999-31002 [05-10692]
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Federal Register / Vol. 70, No. 103 / Tuesday, May 31, 2005 / Notices
concludes their ability to drive safely
can be projected into the future.
We believe the applicants’ intrastate
driving experience and history provide
an adequate basis for predicting their
ability to drive safely in interstate
commerce. Intrastate driving, like
interstate operations, involves
substantial driving on highways on the
interstate system and on other roads
built to interstate standards. Moreover,
driving in congested urban areas
exposes the driver to more pedestrian
and vehicular traffic than exists on
interstate highways. Faster reaction to
traffic and traffic signals is generally
required because distances between
them are more compact. These
conditions tax visual capacity and
driver response just as intensely as
interstate driving conditions. The
veteran drivers in this proceeding have
operated CMVs safely under those
conditions for at least 3 years, most for
much longer. Their experience and
driving records lead us to believe that
each applicant is capable of operating in
interstate commerce as safely as he or
she has been performing in intrastate
commerce. Consequently, the FMCSA
finds that exempting these applicants
from the vision standard in 49 CFR
391.41(b)(10) is likely to achieve a level
of safety equal to that existing without
the exemption. For this reason, the
agency is granting the exemptions for
the 2-year period allowed by 49 U.S.C.
31315 and 31136(e) to the 30 applicants
listed in the notice of April 6, 2005 (70
FR 17504).
We recognize that the vision of an
applicant may change and affect his/her
ability to operate a commercial vehicle
as safely as in the past. As a condition
of the exemption, therefore, the FMCSA
will impose requirements on the 30
individuals consistent with the
grandfathering provisions applied to
drivers who participated in the agency’s
vision waiver program.
Those requirements are found at 49
CFR 391.64(b) and include the
following: (1) That each individual be
physically examined every year (a) by
an ophthalmologist or optometrist who
attests that the vision in the better eye
continues to meet the standard in 49
CFR 391.41(b)(10), and (b) by a medical
examiner who attests that the individual
is otherwise physically qualified under
49 CFR 391.41; (2) that each individual
provide a copy of the ophthalmologist’s
or optometrist’s report to the medical
examiner at the time of the annual
medical examination; and (3) that each
individual provide a copy of the annual
medical certification to the employer for
retention in the driver’s qualification
file, or keep a copy in his/her driver’s
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qualification file if he/she is selfemployed. The driver must also have a
copy of the certification when driving,
for presentation to a duly authorized
Federal, State, or local enforcement
official.
Discussion of Comments
The FMCSA received two comments
in this proceeding. The comments were
considered and are discussed below.
Ms. Barb Sachau believes allowing
monocular drivers to operate large
trucks may increase the likelihood of a
crash resulting in a fatality. The
discussion above under the heading,
‘‘Basis for Exemption Determination,’’
explains why FMCSA believes the
monocular drivers included in this
notice have demonstrated their ability to
drive safely in conditions similar to
interstate driving by operating in
intrastate commerce for 3 years prior to
their applications and will continue to
operate safely.
An anonymous tractor-trailer
combination driver does not believe
exemptions should be granted, but all
drivers should be held to the same
criteria for the safety of the motoring
public. Although this comment was
introduced into the docket without
attribution and, thus, would not
ordinarily receive consideration, we
will address the issue raised because it
relates to a matter of general
applicability to the vision exemption
process and is not specific to this
comment. The discussion above under
the heading, ‘‘Basis for Exemption
Determination,’’ explains why FMCSA
believes monocular drivers who have
met the qualifying conditions of the
vision exemption program are likely to
have adapted to their vision deficiency
and will continue to operate safely.
Conclusion
Based upon its evaluation of the 30
exemption applications, the FMCSA
exempts Edmund J. Barron, Eddie M.
Brown, Tony Cook, Jeffery W. Cotner,
John K. Fank, Bobby G. Fletcher, Lonny
L. Ford, Larry G. Garcia, Robert E.
Hendrick, Jonah G. Higdon, Daniel J.
Hillman, Ronald A. Johnson, Clyde H.
Kitzan, Joe S. Lassiter III, Gene A.
Lesher, Jr., Eugene A. Maggio, Anthony
R. Miles, Raymond E. Morelock,
Kenneth L. Nau, David L. Peebles, David
W. Peterson, Frederick G. Robbins, Jose
C. Sanchez-Sanchez, Boyd D. Stamey,
Scott C. Teich, Emerson J. Turner,
Daniel E. Watkins, Dean E. Wheeler,
Michael C. Williams, Sr., and Louie E.
Workman from the vision requirement
in 49 CFR 391.41(b)(10), subject to the
requirements cited above (49 CFR
391.64(b)).
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30999
In accordance with 49 U.S.C. 31315
and 31136(e), each exemption will be
valid for 2 years unless revoked earlier
by the FMCSA. The exemption will be
revoked if: (1) The person fails to
comply with the terms and conditions
of the exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained before it was granted; or
(3) continuation of the exemption would
not be consistent with the goals and
objectives of 49 U.S.C. 31315 and 31136.
If the exemption is still effective at the
end of the 2-year period, the person may
apply to the FMCSA for a renewal under
procedures in effect at that time.
Issued on: May 20, 2005.
Rose A. McMurray,
Associate Administrator, Policy and Program
Development.
[FR Doc. 05–10691 Filed 5–27–05; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2005–21254]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of applications for
exemption from the vision standard;
request for comments.
AGENCY:
SUMMARY: This notice publishes the
FMCSA’s receipt of applications from
24 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 June 30, 2005.
ADDRESSES: You may submit comments
identified by any of the following
methods. Please identify your comments
by the DOT DMS Docket Number
FMCSA–2005–21254.
• Web Site: https://dms.dot.gov.
Follow the instructions for submitting
comments on the DOT electronic docket
site.
• Fax: 1–202–493–2251.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 400
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590–
0001.
• Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building,
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Federal Register / Vol. 70, No. 103 / Tuesday, May 31, 2005 / Notices
400 Seventh Street, SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Instructions: All submissions must
include the agency name and docket
number for this notice. For detailed
instructions on submitting comments
and additional information on the
rulemaking process, see the Public
Participation heading of the
SUPPLEMENTARY INFORMATION section of
this document. Note that all comments
received will be posted without change
to https://dms.dot.gov, including any
personal information provided. Please
see the Privacy Act heading under
Regulatory Notices.
Docket: For access to the docket to
read background documents or
comments received, go to https://
dms.dot.gov at any time or to Room PL–
401 on the plaza level of the Nassif
Building, 400 Seventh Street, SW.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Dr.
Mary D. Gunnels, Office of Bus and
Truck Standards and Operations, (202)
366–4001, FMCSA, Department of
Transportation, 400 Seventh Street,
SW., Washington, DC 20590–0001.
Office hours are from 8 a.m. to 5 p.m.,
e.t., Monday through Friday, except
Federal holidays.
SUPPLEMENTARY INFORMATION:
Public Participation: The DMS is
available 24 hours each day, 365 days
each year. You can get electronic
submission and retrieval help
guidelines under the ‘‘help’’ section of
the DMS Web site. If you want us to
notify you that we received your
comments, please include a selfaddressed, stamped envelope or
postcard or print the acknowledgement
page that appears after submitting
comments on-line.
Privacy Act: 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 https://dms.dot.gov.
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
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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 24 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 mandated by the statute.
Qualifications of Applicants
1. Linda L. Billings
Ms. Billings, age 51, has a congenital
coloboma of her left eye. Her bestcorrected visual acuity in the right eye
is 20/20 and in the left, 20/400.
Following an examination in 2005, her
ophthalmologist certified, ‘‘In my
opinion, her condition is stable; if she
has been operating a commercial vehicle
safely in the past, there is no reason
ophthalmologically why she cannot
continue to do so.’’ Ms. Billings
submitted that she has driven straight
trucks for 3 years, accumulating 75,000
miles, and tractor-trailer combinations
for less than 1 year, accumulating
12,000 miles. She holds a Class A
commercial driver’s license (CDL) from
Nevada. Her driving record for the last
3 years shows no crashes or convictions
for moving violations in a CMV.
2. George L. Cannon
Mr. Cannon, 75, has amblyopia in his
left eye. His visual acuity in the right
eye is 20/20 and in the left, 20/200.
Following an examination in 2004, his
optometrist certified, ‘‘On the basis of
my findings, it is my opinion that
present vision is adequate for safe
driving.’’ Mr. Cannon submitted that he
has driven straight trucks for 50 years,
accumulating 5.5 million miles. He
holds a Class A CDL from Mississippi.
His driving record for the last 3 years
shows no crashes or convictions for
moving violations in a CMV.
3. Anthony Ciancone, Jr.
Mr. Ciancone, 47, has amblyopia in
his right eye. His best-corrected visual
acuity in the right eye is 20/80 and in
the left, 20/20. Following an
examination in 2004, his optometrist
noted, ‘‘Mr. Ciancone has been driving
commercially for over 25 years. He has
sufficient vision to perform the driving
tasks required.’’ Mr. Ciancone reported
that he has driven straight trucks for 2
years, accumulating 10,000 miles, and
tractor-trailer combinations for 25 years,
accumulating 262,000 miles. He holds a
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Class AM CDL from New York. His
driving record for the last 3 years shows
no crashes or convictions for moving
violations in a CMV.
4. Andrew B. Clayton
Mr. Clayton, 27, has a macular scar in
his right eye due to trauma in 1998. The
visual acuity in his right eye is 20/200
and in the left, 20/25. Following an
examination in 2004, his optometrist
stated, ‘‘I hereby certify that it is my
professional opinion that Andrew
Clayton has a sufficient level of vision
to safely operate a motor vehicle and
safely perform the duties required using
a commercial driver’s license.’’ Mr.
Clayton reported that he has driven
straight trucks for 7 years, accumulating
140,000 miles, and tractor-trailer
combinations for 6 years, accumulating
154,000 miles. He holds a Class A CDL
from Tennessee. His driving record for
the last 3 years shows no crashes or
convictions for moving violations in a
CMV.
5. Kenneth D. Daniels
Mr. Daniels, 47, experienced optic
neuropathy in his right eye 4 years ago.
The visual acuity in his right eye is 20/
200 and in the left, 20/30. His
ophthalmologist examined him in 2004
and certified, ‘‘Based on my entire
examination of Mr. Daniels, my medical
opinion is that he has sufficient vision
to perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
Daniels reported that he has driven
straight trucks for 10 years,
accumulating 295,000 miles, and
tractor-trailer combinations for 14 years,
accumulating 490,000 miles. He holds a
Class A CDL from Pennsylvania. His
driving record for the last 3 years shows
no crashes or convictions for moving
violations in a CMV.
6. Jerry A. Davidson
Mr. Davidson, 60, has had a macular
scar in right eye since he was 15 years
old. His best-corrected visual acuity in
the right eye is light perception and in
the left, 20/20. Following an
examination in 2004, his optometrist
noted, ‘‘Mr. Davidson has driven a
commercial vehicle safely for many
years and I feel his vision is sufficient
to perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
Davidson submitted that he has driven
tractor-trailer combinations for 37 years,
accumulating 4.0 million miles. He
holds a Class C driver’s license from
North Carolina, but at the time of his
application he held a Class A CDL. His
driving record for the last 3 years shows
no crashes or convictions for moving
violations in a CMV.
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7. Richard D. Espey, Jr.
Mr. Espey, 29, has amblyopia in his
right eye. His best-corrected visual
acuity in the right eye is 20/400 and in
the left, 20/20. Following an
examination in 2004, his optometrist
certified that ‘‘in his medical opinion,
Mr. Richard Donald Espey, Jr. has
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Espey submitted that he
has driven straight trucks for 7 years,
accumulating 385,000 miles. He holds a
Class C driver’s license from Maryland,
but at the time of his application he
held a Class B CDL. His driving record
for the last 3 years shows no crashes or
convictions for moving violations in a
CMV.
8. Allen R. Fasen
Mr. Fasen, 59, has a congenital optic
nerve hypoplasia of the left eye. The
best-corrected visual acuity in his right
eye is 20/15 and in the left, 20/400. His
ophthalmologist examined him in 2004
and noted, ‘‘I believe Mr. Allen Fasen,
based on these results and his excellent
driving history, has sufficient vision to
perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
Fasen submitted that he has driven
straight trucks for 33 years,
accumulating 1.3 million miles, and
tractor-trailer combinations for 10 years,
accumulating 400,000 miles. He holds a
Class A CDL from the State of
Washington. His driving record for the
last 3 years shows two crashes and no
convictions for moving violations in a
CMV. According to the police report for
the first crash, Mr. Fasen struck a
vehicle that entered his traffic lane after
being struck by another vehicle. Mr.
Fasen was not cited. According to the
police report for the second crash, Mr.
Fasen was making a wide right turn in
a tractor-trailer combination, when
another driver attempted to turn right
from the curb lane. The investigating
officer found the other driver at fault
and cited him for ‘‘inattention.’’ Mr.
Fasen was not cited.
9. Tommy K. Floyd
Mr. Floyd, 44, has had a macular scar
in his left eye since childhood. The
visual acuity in his right eye is 20/20
and in the left, 20/200. His optometrist
examined him in 2005 and noted, ‘‘It is
in my medical opinion that Mr. Floyd
has sufficient vision to perform the
driving tasks required to operate a
commercial vehicle.’’ Mr. Floyd
submitted that he has driven tractortrailer combinations for 21 years,
accumulating 2.6 million miles. He
holds a Class AM CDL from Tennessee.
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His driving record for the last 3 years
shows no crashes or convictions for
moving violations in a CMV.
10. Franklin G. Hermann
Mr. Hermann, 46, had surgery for a
retinal detachment in his right eye in
1992. The best-corrected visual acuity in
his right eye is 20/200 and in the left,
20/25. His ophthalmologist examined
him in 2004 and certified, ‘‘In my
medical opinion, this patient has
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Hermann reported that he
has driven straight trucks for 15 years,
accumulating 675,000 miles, and
tractor-trailer combinations for 12 years,
accumulating 1.4 million miles. He
holds a Class A CDL from Florida. His
driving record for the last 3 years shows
no crashes or convictions for moving
violations in a CMV.
11. William W. Hodgins
Mr. Hodgins, 55, has amblyopia in his
left eye. His best-corrected visual acuity
in the right eye is 20/20 and in the left,
20/50. Following an examination in
2004, his ophthalmologist noted, ‘‘In my
opinion, he has sufficient vision to
perform the driving tasks required to
operate a commercial vehicle based
mainly on the fact that he has been
doing this for 38 years without incident,
to my knowledge.’’ Mr. Hodgins
submitted that he has driven straight
trucks for 38 years, accumulating
760,000 miles. He holds a Class BCDM
CDL from Wisconsin. His driving record
for the last 3 years shows no crashes or
convictions for moving violations in a
CMV.
12. Hazel L. Hopkins, Jr.
Mr. Hopkins, 52, has had retinal scars
in his left eye since childhood due to
toxoplasmosis. The best-corrected visual
acuity in his right eye is 20/20 and in
the left, 20/200. His ophthalmologist
examined him in 2004 and certified, ‘‘In
my medical opinion, Mr. Hopkins
should have adequate vision to operate
a commercial vehicle.’’ Mr. Hopkins
submitted that he has driven straight
trucks for 20 years, accumulating
200,000 miles, tractor-trailer
combinations for 15 years accumulating
375,000 miles, and buses for 3 years,
accumulating 3,000 miles. He holds a
Class A CDL from Maryland. His driving
record for the last 3 years shows no
crashes and one conviction for a moving
violation ‘‘failure to obey traffic
device’’—in a CMV.
13. Donald M. Jenson
Mr. Jenson, 53, has count fingers
vision in his right eye due to injury as
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a teenager. His best-corrected visual
acuity in the left eye is 20/20. Following
an examination in 2004, his optometrist
certified, ‘‘In my opinion I believe Mr.
Jenson has the visual ability to operate
a commercial vehicle.’’ Mr. Jenson
reported that he has driven straight
trucks for 3 years, accumulating 75,000
miles, and tractor-trailer combinations
for 30 years, accumulating 3.7 million
miles. He holds a Class A CDL from
South Dakota. His driving record for the
last 3 years shows no crashes or
convictions for moving violations in a
CMV.
14. Dean A. Maystead
Mr. Maystead, 42, lost his left eye at
age 16 due to trauma. His visual acuity
in the right eye is 20/20. Following an
examination in 2004, his
ophthalmologist noted, ‘‘Mr. Maystead
has performed as a commercial truck
driver since 1981 without problems. I
see no medical reason why he should
not continue to be able to operate a
commercial vehicle.’’ Mr. Maystead
reported that he has driven straight
trucks for 23 years, accumulating
402,000 miles. He holds a Class CB CDL
from Michigan. His driving record for
the last 3 years shows no crashes or
convictions for moving violations in a
CMV.
15. Jason L. McBride, Sr.
Mr. McBride, 28, is blind in his left
eye as a result of a childhood injury. His
best-corrected visual acuity in the right
eye is 20/15. Following an examination
in 2004, his optometrist noted, ‘‘In my
opinion, Jason is visually able to
perform the tasks required in operation
of a commercial vehicle.’’ Mr. McBride
reported that he has driven straight
trucks for 7 years, accumulating 700,000
miles. He holds a Class CA CDL from
Michigan. His driving record for the last
3 years shows one crash and one
conviction for a moving violation in a
CMV. The moving violation was
exceeding the speed limit by 9 mph.
According to the police report for the
crash, another driver struck Mr.
McBride’s trailer from the rear. The
other driver was charged with ‘‘unable
to stop in assured clear distance.’’ Mr.
McBride was not cited.
16. Willie J. Morgan
Mr. Morgan, 65, lost his left eye in
1946 due to complications from a
congenital cataract. The best-corrected
visual acuity in his right eye is 20/20.
Following an examination in 2004 his
optometrist noted, ‘‘It is my medical
opinion that he has the vision necessary
to operate a commercial vehicle.’’ Mr.
Morgan submitted that he has driven
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straight trucks for 41 years,
accumulating 2.0 million miles, and
tractor-trailer combinations for 20 years,
accumulating 100,000 miles. He holds a
Class A CDL from Georgia. His driving
record for the last 3 years shows no
crashes or convictions for moving
violations in a CMV.
17. Carl V. Murphy, Jr.
Mr. Murphy, 51, has amblyopia in his
right eye. The visual acuity in his right
eye is 20/200 and in the left, 20/20.
Following an examination in 2005, his
ophthalmologist noted, ‘‘In my medical
opinion, you have sufficient vision to
perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
Murphy submitted that he has driven
straight trucks for 31 years,
accumulating 775,000 miles, and
tractor-trailer combinations for 15 years,
accumulating 375,000 miles. He holds a
Class A CDL from Texas. His driving
record for the last 3 years shows no
crashes or convictions for moving
violations in a CMV.
18. Donald L. Murphy
Mr. Murphy, 53, lost his left eye due
to an accident 21 years ago. The visual
acuity in his right eye is 20/20.
Following an examination in 2005, his
optometrist noted, ‘‘I certify that in my
medical opinion, Mr. Murphy has
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Murphy reported that he
has driven straight trucks for 25 years,
accumulating 750,000 miles, and
tractor-trailer combinations for 5 years,
accumulating 25,000 miles. He holds a
Class DA CDL from Kentucky. His
driving record for the last 3 years shows
no crashes or convictions for moving
violations in a CMV.
19. Mark D. Page
Mr. Page, 36, has amblyopia in his left
eye. The best-corrected visual acuity in
his right eye is 20/15 and in the left, 20/
200. Following an examination in 2004,
his ophthalmologist stated, ‘‘It is in my
medical opinion that Mark Page has
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Page reported that he has
driven straight trucks for 4 years,
accumulating 200,000 miles, and
tractor-trailer combinations for 11 years,
accumulating 1.2 million miles. He
holds a Class A CDL from Mississippi.
His driving record for the last 3 years
shows no crashes and one conviction for
a moving violation—speeding—in a
CMV. He exceeded the speed limit by 12
mph.
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20. Larry D. Reynolds
Mr. Reynolds, 55, lost his left eye due
to a childhood accident. The bestcorrected visual acuity in his right eye
is 20/20. His optometrist examined him
in 2004 and certified, ‘‘In my medical
opinion, Mr. Reynolds has sufficient
vision to perform the tasks required to
operate a commercial vehicle.’’ Mr.
Reynolds reported that he has driven
straight trucks for 2 years, accumulating
75,000 miles, and tractor-trailer
combinations for 15 years, accumulating
1.8 million miles. He holds a Class A
CDL from Texas. His driving record for
the last 3 years shows one crash and no
convictions for moving violations in a
CMV. According to the police report,
Mr. Reynolds’ vehicle was struck by
another vehicle that entered his traffic
lane in a multi-vehicle crash. Neither
Mr. Reynolds nor the driver of the other
vehicle was cited in connection with the
crash.
21. Thomas D. Reynolds
Mr. Reynolds, 39, has amblyopia in
his left eye. His best-corrected visual
acuity in the right eye is 20/20 and in
the left, 20/60. Following an
examination in 2004, his optometrist
certified, ‘‘In my opinion, Mr. Reynolds
has sufficient vision to perform the
driving tasks required to operate a
commercial vehicle.’’ Mr. Reynolds
reported that he has driven straight
trucks for 3 years, accumulating 15,000
miles, and tractor-trailer combinations
for 5 years, accumulating 450,000 miles.
He holds a Class A CDL from North
Carolina. His driving record for the last
3 years shows no crashes or convictions
for moving violations in a CMV.
22. Walter J. Savage, Jr.
Mr. Savage, 46, has amblyopia in his
right eye. The visual acuity in his right
eye is hand motions only and in the left,
20/20. His optometrist examined him in
2004 and noted, ‘‘Based on our
evaluation, it appears that Mr. Savage
has sufficient vision to perform the
driving tasks required to operate a
commercial vehicle.’’ Mr. Savage
submitted that he has driven straight
trucks for 17 years, accumulating
204,000 miles. He holds a Class D
driver’s license from Kentucky. His
driving record for the last 3 years shows
no crashes or convictions for moving
violations in a CMV.
23. Thomas J. Sweeny, Jr.
Mr. Sweeny, 45, has a congenital
anomalous optic nerve in his right eye.
His best-corrected visual acuity in the
right eye is 20/400 and in the left, 20/
20. Following an examination in 2004,
his ophthalmologist certified, ‘‘In my
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opinion Mr. Sweeny should have
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Sweeny submitted that he
has driven straight trucks for 14 years,
accumulating 630,000 miles. He holds a
Class BM CDL from Pennsylvania. His
driving record for the last 3 years shows
no crashes or convictions for moving
violations in a CMV.
24. Louis E. Villa, Jr.
Mr. Villa, 28, has amblyopia in his left
eye. His best-corrected visual acuity in
the right eye is 20/25 and in the left,
light perception. Following an
examination in 2005, his
ophthalmologist certified, ‘‘It is my
opinion that this patient’s visual
deficiency is stable and this patient has
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Villa submitted that he
has driven tractor-trailer combinations
for 3 years, accumulating 60,000 miles.
He holds a Class A CDL from California.
His driving record for the last 3 years
shows no crashes or convictions for
moving violations in a CMV.
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: May 23, 2005.
Rose A. McMurray,
Associate Administrator, Policy and Program
Development.
[FR Doc. 05–10692 Filed 5–27–05; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Petition for Waiver of Compliance
In accordance with part 211 of Title
49 Code of Federal Regulations (CFR),
notice is hereby given that the Federal
Railroad Administration (FRA) has
received a request for a waiver of
compliance with certain requirements of
its safety standards. The individual
petition is described below, including
the party seeking relief, the regulatory
provisions involved, the nature of the
relief being requested, and the
petitioner’s arguments in favour of
relief.
E:\FR\FM\31MYN1.SGM
31MYN1
]]>Agencies
[Federal Register Volume 70, Number 103 (Tuesday, May 31, 2005)]
[Notices]
[Pages 30999-31002]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-10692]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2005-21254]
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.
-----------------------------------------------------------------------
SUMMARY: This notice publishes the FMCSA's receipt of applications from
24 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 June 30, 2005.
ADDRESSES: You may submit comments identified by any of the following
methods. Please identify your comments by the DOT DMS Docket Number
FMCSA-2005-21254.
Web Site: https://dms.dot.gov. Follow the instructions for
submitting comments on the DOT electronic docket site.
Fax: 1-202-493-2251.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-0001.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building,
[[Page 31000]]
400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
Instructions: All submissions must include the agency name and
docket number for this notice. For detailed instructions on submitting
comments and additional information on the rulemaking process, see the
Public Participation heading of the SUPPLEMENTARY INFORMATION section
of this document. Note that all comments received will be posted
without change to https://dms.dot.gov, including any personal
information provided. Please see the Privacy Act heading under
Regulatory Notices.
Docket: For access to the docket to read background documents or
comments received, go to https://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Office of Bus and
Truck Standards and Operations, (202) 366-4001, FMCSA, Department of
Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001.
Office hours are from 8 a.m. to 5 p.m., e.t., Monday through Friday,
except Federal holidays.
SUPPLEMENTARY INFORMATION:
Public Participation: The DMS is available 24 hours each day, 365
days each year. You can get electronic submission and retrieval help
guidelines under the ``help'' section of the DMS Web site. If you want
us to notify you that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
Privacy Act: Anyone 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 https://dms.dot.gov.
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 24 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 mandated by the statute.
Qualifications of Applicants
1. Linda L. Billings
Ms. Billings, age 51, has a congenital coloboma of her left eye.
Her best-corrected visual acuity in the right eye is 20/20 and in the
left, 20/400. Following an examination in 2005, her ophthalmologist
certified, ``In my opinion, her condition is stable; if she has been
operating a commercial vehicle safely in the past, there is no reason
ophthalmologically why she cannot continue to do so.'' Ms. Billings
submitted that she has driven straight trucks for 3 years, accumulating
75,000 miles, and tractor-trailer combinations for less than 1 year,
accumulating 12,000 miles. She holds a Class A commercial driver's
license (CDL) from Nevada. Her driving record for the last 3 years
shows no crashes or convictions for moving violations in a CMV.
2. George L. Cannon
Mr. Cannon, 75, has amblyopia in his left eye. His visual acuity in
the right eye is 20/20 and in the left, 20/200. Following an
examination in 2004, his optometrist certified, ``On the basis of my
findings, it is my opinion that present vision is adequate for safe
driving.'' Mr. Cannon submitted that he has driven straight trucks for
50 years, accumulating 5.5 million miles. He holds a Class A CDL from
Mississippi. His driving record for the last 3 years shows no crashes
or convictions for moving violations in a CMV.
3. Anthony Ciancone, Jr.
Mr. Ciancone, 47, has amblyopia in his right eye. His best-
corrected visual acuity in the right eye is 20/80 and in the left, 20/
20. Following an examination in 2004, his optometrist noted, ``Mr.
Ciancone has been driving commercially for over 25 years. He has
sufficient vision to perform the driving tasks required.'' Mr. Ciancone
reported that he has driven straight trucks for 2 years, accumulating
10,000 miles, and tractor-trailer combinations for 25 years,
accumulating 262,000 miles. He holds a Class AM CDL from New York. His
driving record for the last 3 years shows no crashes or convictions for
moving violations in a CMV.
4. Andrew B. Clayton
Mr. Clayton, 27, has a macular scar in his right eye due to trauma
in 1998. The visual acuity in his right eye is 20/200 and in the left,
20/25. Following an examination in 2004, his optometrist stated, ``I
hereby certify that it is my professional opinion that Andrew Clayton
has a sufficient level of vision to safely operate a motor vehicle and
safely perform the duties required using a commercial driver's
license.'' Mr. Clayton reported that he has driven straight trucks for
7 years, accumulating 140,000 miles, and tractor-trailer combinations
for 6 years, accumulating 154,000 miles. He holds a Class A CDL from
Tennessee. His driving record for the last 3 years shows no crashes or
convictions for moving violations in a CMV.
5. Kenneth D. Daniels
Mr. Daniels, 47, experienced optic neuropathy in his right eye 4
years ago. The visual acuity in his right eye is 20/200 and in the
left, 20/30. His ophthalmologist examined him in 2004 and certified,
``Based on my entire examination of Mr. Daniels, my medical opinion is
that he has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Daniels reported that he has driven
straight trucks for 10 years, accumulating 295,000 miles, and tractor-
trailer combinations for 14 years, accumulating 490,000 miles. He holds
a Class A CDL from Pennsylvania. His driving record for the last 3
years shows no crashes or convictions for moving violations in a CMV.
6. Jerry A. Davidson
Mr. Davidson, 60, has had a macular scar in right eye since he was
15 years old. His best-corrected visual acuity in the right eye is
light perception and in the left, 20/20. Following an examination in
2004, his optometrist noted, ``Mr. Davidson has driven a commercial
vehicle safely for many years and I feel his vision is sufficient to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Davidson submitted that he has driven tractor-trailer combinations
for 37 years, accumulating 4.0 million miles. He holds a Class C
driver's license from North Carolina, but at the time of his
application he held a Class A CDL. His driving record for the last 3
years shows no crashes or convictions for moving violations in a CMV.
[[Page 31001]]
7. Richard D. Espey, Jr.
Mr. Espey, 29, has amblyopia in his right eye. His best-corrected
visual acuity in the right eye is 20/400 and in the left, 20/20.
Following an examination in 2004, his optometrist certified that ``in
his medical opinion, Mr. Richard Donald Espey, Jr. has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Espey submitted that he has driven straight trucks for 7
years, accumulating 385,000 miles. He holds a Class C driver's license
from Maryland, but at the time of his application he held a Class B
CDL. His driving record for the last 3 years shows no crashes or
convictions for moving violations in a CMV.
8. Allen R. Fasen
Mr. Fasen, 59, has a congenital optic nerve hypoplasia of the left
eye. The best-corrected visual acuity in his right eye is 20/15 and in
the left, 20/400. His ophthalmologist examined him in 2004 and noted,
``I believe Mr. Allen Fasen, based on these results and his excellent
driving history, has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Fasen submitted that he
has driven straight trucks for 33 years, accumulating 1.3 million
miles, and tractor-trailer combinations for 10 years, accumulating
400,000 miles. He holds a Class A CDL from the State of Washington. His
driving record for the last 3 years shows two crashes and no
convictions for moving violations in a CMV. According to the police
report for the first crash, Mr. Fasen struck a vehicle that entered his
traffic lane after being struck by another vehicle. Mr. Fasen was not
cited. According to the police report for the second crash, Mr. Fasen
was making a wide right turn in a tractor-trailer combination, when
another driver attempted to turn right from the curb lane. The
investigating officer found the other driver at fault and cited him for
``inattention.'' Mr. Fasen was not cited.
9. Tommy K. Floyd
Mr. Floyd, 44, has had a macular scar in his left eye since
childhood. The visual acuity in his right eye is 20/20 and in the left,
20/200. His optometrist examined him in 2005 and noted, ``It is in my
medical opinion that Mr. Floyd has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Floyd
submitted that he has driven tractor-trailer combinations for 21 years,
accumulating 2.6 million miles. He holds a Class AM CDL from Tennessee.
His driving record for the last 3 years shows no crashes or convictions
for moving violations in a CMV.
10. Franklin G. Hermann
Mr. Hermann, 46, had surgery for a retinal detachment in his right
eye in 1992. The best-corrected visual acuity in his right eye is 20/
200 and in the left, 20/25. His ophthalmologist examined him in 2004
and certified, ``In my medical opinion, this patient has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Hermann reported that he has driven straight trucks for
15 years, accumulating 675,000 miles, and tractor-trailer combinations
for 12 years, accumulating 1.4 million miles. He holds a Class A CDL
from Florida. His driving record for the last 3 years shows no crashes
or convictions for moving violations in a CMV.
11. William W. Hodgins
Mr. Hodgins, 55, has amblyopia in his left eye. His best-corrected
visual acuity in the right eye is 20/20 and in the left, 20/50.
Following an examination in 2004, his ophthalmologist noted, ``In my
opinion, he has sufficient vision to perform the driving tasks required
to operate a commercial vehicle based mainly on the fact that he has
been doing this for 38 years without incident, to my knowledge.'' Mr.
Hodgins submitted that he has driven straight trucks for 38 years,
accumulating 760,000 miles. He holds a Class BCDM CDL from Wisconsin.
His driving record for the last 3 years shows no crashes or convictions
for moving violations in a CMV.
12. Hazel L. Hopkins, Jr.
Mr. Hopkins, 52, has had retinal scars in his left eye since
childhood due to toxoplasmosis. The best-corrected visual acuity in his
right eye is 20/20 and in the left, 20/200. His ophthalmologist
examined him in 2004 and certified, ``In my medical opinion, Mr.
Hopkins should have adequate vision to operate a commercial vehicle.''
Mr. Hopkins submitted that he has driven straight trucks for 20 years,
accumulating 200,000 miles, tractor-trailer combinations for 15 years
accumulating 375,000 miles, and buses for 3 years, accumulating 3,000
miles. He holds a Class A CDL from Maryland. His driving record for the
last 3 years shows no crashes and one conviction for a moving violation
``failure to obey traffic device''--in a CMV.
13. Donald M. Jenson
Mr. Jenson, 53, has count fingers vision in his right eye due to
injury as a teenager. His best-corrected visual acuity in the left eye
is 20/20. Following an examination in 2004, his optometrist certified,
``In my opinion I believe Mr. Jenson has the visual ability to operate
a commercial vehicle.'' Mr. Jenson reported that he has driven straight
trucks for 3 years, accumulating 75,000 miles, and tractor-trailer
combinations for 30 years, accumulating 3.7 million miles. He holds a
Class A CDL from South Dakota. His driving record for the last 3 years
shows no crashes or convictions for moving violations in a CMV.
14. Dean A. Maystead
Mr. Maystead, 42, lost his left eye at age 16 due to trauma. His
visual acuity in the right eye is 20/20. Following an examination in
2004, his ophthalmologist noted, ``Mr. Maystead has performed as a
commercial truck driver since 1981 without problems. I see no medical
reason why he should not continue to be able to operate a commercial
vehicle.'' Mr. Maystead reported that he has driven straight trucks for
23 years, accumulating 402,000 miles. He holds a Class CB CDL from
Michigan. His driving record for the last 3 years shows no crashes or
convictions for moving violations in a CMV.
15. Jason L. McBride, Sr.
Mr. McBride, 28, is blind in his left eye as a result of a
childhood injury. His best-corrected visual acuity in the right eye is
20/15. Following an examination in 2004, his optometrist noted, ``In my
opinion, Jason is visually able to perform the tasks required in
operation of a commercial vehicle.'' Mr. McBride reported that he has
driven straight trucks for 7 years, accumulating 700,000 miles. He
holds a Class CA CDL from Michigan. His driving record for the last 3
years shows one crash and one conviction for a moving violation in a
CMV. The moving violation was exceeding the speed limit by 9 mph.
According to the police report for the crash, another driver struck Mr.
McBride's trailer from the rear. The other driver was charged with
``unable to stop in assured clear distance.'' Mr. McBride was not
cited.
16. Willie J. Morgan
Mr. Morgan, 65, lost his left eye in 1946 due to complications from
a congenital cataract. The best-corrected visual acuity in his right
eye is 20/20. Following an examination in 2004 his optometrist noted,
``It is my medical opinion that he has the vision necessary to operate
a commercial vehicle.'' Mr. Morgan submitted that he has driven
[[Page 31002]]
straight trucks for 41 years, accumulating 2.0 million miles, and
tractor-trailer combinations for 20 years, accumulating 100,000 miles.
He holds a Class A CDL from Georgia. His driving record for the last 3
years shows no crashes or convictions for moving violations in a CMV.
17. Carl V. Murphy, Jr.
Mr. Murphy, 51, has amblyopia in his right eye. The visual acuity
in his right eye is 20/200 and in the left, 20/20. Following an
examination in 2005, his ophthalmologist noted, ``In my medical
opinion, you have sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Murphy submitted that
he has driven straight trucks for 31 years, accumulating 775,000 miles,
and tractor-trailer combinations for 15 years, accumulating 375,000
miles. He holds a Class A CDL from Texas. His driving record for the
last 3 years shows no crashes or convictions for moving violations in a
CMV.
18. Donald L. Murphy
Mr. Murphy, 53, lost his left eye due to an accident 21 years ago.
The visual acuity in his right eye is 20/20. Following an examination
in 2005, his optometrist noted, ``I certify that in my medical opinion,
Mr. Murphy has sufficient vision to perform the driving tasks required
to operate a commercial vehicle.'' Mr. Murphy reported that he has
driven straight trucks for 25 years, accumulating 750,000 miles, and
tractor-trailer combinations for 5 years, accumulating 25,000 miles. He
holds a Class DA CDL from Kentucky. His driving record for the last 3
years shows no crashes or convictions for moving violations in a CMV.
19. Mark D. Page
Mr. Page, 36, has amblyopia in his left eye. The best-corrected
visual acuity in his right eye is 20/15 and in the left, 20/200.
Following an examination in 2004, his ophthalmologist stated, ``It is
in my medical opinion that Mark Page has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr. Page
reported that he has driven straight trucks for 4 years, accumulating
200,000 miles, and tractor-trailer combinations for 11 years,
accumulating 1.2 million miles. He holds a Class A CDL from
Mississippi. His driving record for the last 3 years shows no crashes
and one conviction for a moving violation--speeding--in a CMV. He
exceeded the speed limit by 12 mph.
20. Larry D. Reynolds
Mr. Reynolds, 55, lost his left eye due to a childhood accident.
The best-corrected visual acuity in his right eye is 20/20. His
optometrist examined him in 2004 and certified, ``In my medical
opinion, Mr. Reynolds has sufficient vision to perform the tasks
required to operate a commercial vehicle.'' Mr. Reynolds reported that
he has driven straight trucks for 2 years, accumulating 75,000 miles,
and tractor-trailer combinations for 15 years, accumulating 1.8 million
miles. He holds a Class A CDL from Texas. His driving record for the
last 3 years shows one crash and no convictions for moving violations
in a CMV. According to the police report, Mr. Reynolds' vehicle was
struck by another vehicle that entered his traffic lane in a multi-
vehicle crash. Neither Mr. Reynolds nor the driver of the other vehicle
was cited in connection with the crash.
21. Thomas D. Reynolds
Mr. Reynolds, 39, has amblyopia in his left eye. His best-corrected
visual acuity in the right eye is 20/20 and in the left, 20/60.
Following an examination in 2004, his optometrist certified, ``In my
opinion, Mr. Reynolds has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Reynolds reported
that he has driven straight trucks for 3 years, accumulating 15,000
miles, and tractor-trailer combinations for 5 years, accumulating
450,000 miles. He holds a Class A CDL from North Carolina. His driving
record for the last 3 years shows no crashes or convictions for moving
violations in a CMV.
22. Walter J. Savage, Jr.
Mr. Savage, 46, has amblyopia in his right eye. The visual acuity
in his right eye is hand motions only and in the left, 20/20. His
optometrist examined him in 2004 and noted, ``Based on our evaluation,
it appears that Mr. Savage has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Savage submitted
that he has driven straight trucks for 17 years, accumulating 204,000
miles. He holds a Class D driver's license from Kentucky. His driving
record for the last 3 years shows no crashes or convictions for moving
violations in a CMV.
23. Thomas J. Sweeny, Jr.
Mr. Sweeny, 45, has a congenital anomalous optic nerve in his right
eye. His best-corrected visual acuity in the right eye is 20/400 and in
the left, 20/20. Following an examination in 2004, his ophthalmologist
certified, ``In my opinion Mr. Sweeny should have sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Sweeny submitted that he has driven straight trucks for 14 years,
accumulating 630,000 miles. He holds a Class BM CDL from Pennsylvania.
His driving record for the last 3 years shows no crashes or convictions
for moving violations in a CMV.
24. Louis E. Villa, Jr.
Mr. Villa, 28, has amblyopia in his left eye. His best-corrected
visual acuity in the right eye is 20/25 and in the left, light
perception. Following an examination in 2005, his ophthalmologist
certified, ``It is my opinion that this patient's visual deficiency is
stable and this patient has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Villa submitted
that he has driven tractor-trailer combinations for 3 years,
accumulating 60,000 miles. He holds a Class A CDL from California. His
driving record for the last 3 years shows no crashes or convictions for
moving violations in a CMV.
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: May 23, 2005.
Rose A. McMurray,
Associate Administrator, Policy and Program Development.
[FR Doc. 05-10692 Filed 5-27-05; 8:45 am]
BILLING CODE 4910-EX-P
