Qualification of Drivers; Exemption Applications; Vision, 6826-6829 [E6-1756]

Download as PDF 6826 Federal Register / Vol. 71, No. 27 / Thursday, February 9, 2006 / Notices That each individual have a physical examination 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 and retain a copy of the certification on his/her person while driving for presentation to a duly authorized Federal, State, or local enforcement official. Each exemption will be valid for two years unless rescinded earlier by FMCSA. The exemption will be rescinded if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was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(e). cprice-sewell on PROD1PC66 with NOTICES Basis for Renewing Exemptions Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no longer than two years from its approval date and may be renewed upon application for additional two year periods. In accordance with 49 U.S.C. 31315 and 31136(e), each of the 6 applicants has satisfied the entry conditions for obtaining an exemption from the vision requirements (64 FR 40404; 64 FR 66962; 66 FR 66969; 68 FR 69432; 66 FR 53826; 66 FR 66966; 68 FR 69434; 68 FR 52811; 68 FR 61860; 68 FR 61857; 68 FR 75715). Each of these 6 applicants has requested renewal of the exemption and has submitted evidence showing that the vision in the better eye continues to meet the standard specified at 49 CFR 391.41(b)(10) and that the vision impairment is stable. In addition, a review of each record of safety while driving with the respective vision deficiencies over the past two years indicates each applicant continues to meet the vision exemption standards. These factors provide an adequate basis for predicting each driver’s ability to continue to drive safely in interstate commerce. Therefore, FMCSA concludes that extending the exemption for each renewal applicant for a period of two years is likely to achieve a level of safety equal to that existing without the exemption. VerDate Aug<31>2005 13:56 Feb 08, 2006 Jkt 208001 Request for Comments DEPARTMENT OF TRANSPORTATION FMCSA will review comments received at any time concerning a particular driver’s safety record and determine if the continuation of the exemption is consistent with the requirements at 49 U.S.C. 31315 and 31136(e). However, FMCSA requests that interested parties with specific data concerning the safety records of these drivers submit comments by March 13, 2006. FMCSA believes that the requirements for a renewal of an exemption under 49 U.S.C. 31315 and 31136(e) can be satisfied by initially granting the renewal and then requesting and subsequently evaluating comments submitted by interested parties. As indicated above, the agency previously published notices of final disposition announcing its decision to exempt these 6 individuals from the vision requirement in 49 CFR 931.41(b)(10). That final decision to grant the exemption to each of these individuals was based on the merits of each case and only after careful consideration of the comments received to its notices of applications. Those notices of applications stated in detail the qualifications, experience, and medical condition of each applicant for an exemption from the vision requirements. That information is available by consulting the above cited Federal Register publications. Interested parties or organizations possessing information that would otherwise show that any, or all of these drivers, are not currently achieving the statutory level of safety should immediately notify FMCSA. The agency will evaluate any adverse evidence submitted and, if safety is being compromised or if continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31315 and 31136(e), FMCSA will take immediate steps to revoke the exemption of the driver(s) in question. Federal Motor Carrier Safety Administration Issued on: February 2, 2006. Larry W. Minor, Office Director, Bus and Truck Standards and Operations. [FR Doc. E6–1754 Filed 2–8–06; 8:45 am] BILLING CODE 4910–EX–P PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 [Docket No. FMCSA–2006–23773] 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: FMCSA announces receipt of applications from 19 individuals for 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 Federal vision standard. DATES: Comments must be received on or before March 13, 2006. ADDRESSES: You may submit comments identified by DOT Docket Management System (DMS) Docket Number FMCSA– 2006–23773 using any of the following methods: • Web Site: http://dmses.dot.gov/ submit. 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, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. Instructions: All submissions must include the agency name and docket number for this notice. Note that all comments received will be posted without change to http://dms.dot.gov, including any personal information provided. Please see the Privacy Act heading for further information. Docket: For access to the docket to read background documents or comments received, go to http:// dms.dot.gov 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. The DMS is available 24 hours each day, 365 days each year. If you want E:\FR\FM\09FEN1.SGM 09FEN1 Federal Register / Vol. 71, No. 27 / Thursday, February 9, 2006 / Notices acknowledgment that we received your comments, please include a selfaddressed, stamped envelope or postcard or print the acknowledgment page that appears after submitting comments on-line. Privacy Act: Anyone may search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or of the person 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 (65 FR 19477; Apr. 11, 2000). This information is also available at http://dms.dot.gov. FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Chief, Physical Qualifications Division, (202) 366–4001, maggi.gunnels@fmcsa.dot.gov, 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: Background Under 49 U.S.C. 31315 and 31136(e), FMCSA may grant an exemption for a 2year 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.’’ FMCSA can renew exemptions at the end of each 2-year period. The 19 individuals listed in this notice each have 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 statute. cprice-sewell on PROD1PC66 with NOTICES Qualifications of Applicants Scott E. Ames Mr. Ames, age 38, has loss of vision in his left eye due to traumatic optic neuropathy since 1987. The best corrected visual acuity in his right eye is 20/15 and in the left, 20/400. Following an examination in 2005, his optometrist noted, ‘‘In my medical opinion, Mr. Scott Ames has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Ames reported that he has driven straight trucks for 12 years, accumulating 360,000 miles, and tractor-trailer combinations for 7 years, accumulating 238,000 miles. He holds a Class A commercial driver’s license VerDate Aug<31>2005 13:56 Feb 08, 2006 Jkt 208001 (CDL) from Maine. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Otto J. Ammer, Jr. Mr. Ammer, 44, has had macular scaring in his right eye since childhood due to ocular histoplasmosis. The best corrected visual acuity in his right eye is 20/200 and in the left, 20/20. His optometrist examined him in 2005 and noted, ‘‘It is my opinion that Mr. Ammer’s visual acuity and visual fields will remain stable over the ensuing years. It is, further, my opinion that Mr. Ammer has sufficient vision to operate a commercial motor vehicle.’’ Mr. Ammer reported that he has driven straight trucks for 5 years, accumulating 50,000 miles, and tractor-trailer combinations for 25 years, accumulating 1.7 million miles. He holds Class A CDL from Pennsylvania. His driving record for the last three years shows no crashes or convictions for moving violations in a CMV. Harold J. Bartley, Jr. Mr. Bartley, 37, has aphakia in his left eye due to a traumatic injury sustained as a child. The visual acuity in his right eye is 20/20 and in the left, countfinger-vision. His ophthalmologist examined him in 2005 and noted, ‘‘In my opinion, Mr. Bartley has excellent visual acuity in his right eye and good peripheral vision in his left eye and his condition is stable. Mr. Bartley has sufficient vision to perform the driving tasks required to operate a commercial vehicle at this time.’’ Mr. Bartley reported that he has driven straight trucks for 10 years, accumulating 230,000 miles. He holds a Class B CDL from Kentucky. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Arthur L. Fields Mr. Fields, 54, has a prosthetic left eye due to trauma sustained in 1992. The best corrected visual acuity in his right eye is 20/20. Following an examination in 2005, his optometrist noted, ‘‘I do certify that Mr. Fields has sufficient vision to perform the driving tasks to operate a commercial vehicle.’’ Mr. Fields reported that he has driven straight trucks for 6.5 years, accumulating 78,000 miles. He holds a Class A CDL from South Carolina. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 6827 John W. Forgy Mr. Forgy, 51, has had a chronic retinal detachment with aphakia in his right eye due to trauma sustained as a child. The visual acuity in his right eye is hand-motion-vision and in the left, 20/20. Following an examination in 2005, his ophthalmologist noted, ‘‘I feel that Mr. Forgy has sufficient vision to drive commercial vehicles without any reservation.’’ Mr. Forgy reported that he has driven straight trucks for 3 years, accumulating 65,000 miles. He holds a Class B CDL from Idaho. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Rupert G. Gilmore, III Mr. Gilmore, 47, has had amblyopia in his left eye since birth. The visual acuity in his right eye is 20/20 and in the left, 20/100. Following an examination in 2005, his ophthalmologist noted, ‘‘In my opinion, this gentleman has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Gilmore reported that he has driven straight trucks for 23 years, accumulating 276,000 miles. He holds a Class B CDL from Alabama. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. George R. Gorsuch, Jr. Mr. Gorsuch, 56, has had amblyopia in his left eye since childhood. The best corrected visual acuity in his right eye is 20/25 and in the left, 20/60. His optometrist examined him in 2005 and noted, ‘‘After interpreting the data, I am pleased to report that the patient has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Gorsuch reported that he has driven straight trucks for 30 years, accumulating 1 million miles and tractor-trailer combinations for 30 years, accumulating 1 million miles. He holds A Class A CDL from Indiana. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Walter R. Hardiman Mr. Hardiman, 59, has loss of vision in his right eye due to an injury sustained as a child. The best corrected visual acuity in his right eye is 20/200 and in the left, 20/20. Following an examination in 2005, his optometrist noted, ‘‘In my opinion, Mr. Hardiman’s condition is stable and he has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Hardiman reported that he has driven straight trucks for 8 years, E:\FR\FM\09FEN1.SGM 09FEN1 6828 Federal Register / Vol. 71, No. 27 / Thursday, February 9, 2006 / Notices accumulating 192,000 miles. He holds a Class A CDL from West Virginia. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Sergio A. Hernandez Mr. Hernandez, 59, has a congenital cataract in his left eye. The visual acuity in his right eye is 20/20 and in the left, light perception only. Following an examination in 2005, his optometrist noted, ‘‘In my opinion, his monocular vision is sufficient to drive a commercial vehicle without concern.’’ Mr. Hernandez reported that he has driven straight trucks for 5 years, accumulating 100,000 miles, and tractor-trailer combinations for 9 years, accumulating 180,000 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. cprice-sewell on PROD1PC66 with NOTICES Burt A. Hughes Mr. Hughes, 53, has had loss of vision in the left eye due to retinopathy of prematurity since birth. The best corrected visual acuity in his right eye is 20/25 and in the left, count-fingervision at 3 feet. Following an examination in 2005, his optometrist noted, ‘‘It is my opinion that the patient has sufficient vision at this time to continue to perform the driving tasks required to operate a commercial motor vehicle.’’ Mr. Hughes reported that he has driven straight trucks for 6 years, accumulating 192,000 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. Fredrick C. Ingles Mr. Ingles, 55, has had a prosthetic right eye due to a traumatic injury sustained in 1988. The visual acuity in his left eye is 20/20. Following an examination in 2005, his ophthalmologist noted, ‘‘In my opinion, Mr. Ingles is safe to operate a commercial vehicle, having excellent vision in the left eye. His vision in the left eye is stable and the fitting of the prosthesis in the right eye is excellent.’’ Mr. Ingles reported that he has driven straight trucks for 9 years, accumulating 178,000 miles. He holds a Class D operator’s license from West Virginia. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Clyde Johnson, III Mr. Johnson, 44, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/20 VerDate Aug<31>2005 13:56 Feb 08, 2006 Jkt 208001 and in the left, count-finger-vision at 4 feet. Following an examination in 2005, his optometrist noted, ‘‘Mr. Johnson’s amblyopia does not affect his visual field capabilities. Therefore, his visual skills should allow him to perform the driving tasks required to drive a commercial vehicle. Mr. Johnson reported that he has driven straight trucks for 15 years, accumulating 75,000 miles, and tractor-trailer combinations for 15 years, accumulating 1.8 million miles. He holds a Class A CDL from Michigan. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Paul E. Lindon Mr. Lindon, 51, has had a macular scar in his left eye for more than 10 years due to ocular histoplasmosis. The best corrected vision in his right eye is 20/20 and in the left, 20/400. Following an examination in 2005, his optometrist noted, ‘‘In my medical opinion, Paul Lindon has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Lindon reported that he has driven straight trucks for 2 years, accumulating 62,000 miles, and tractor-trailer combinations for 1 year, accumulating 53,000 miles. He holds a Class D operator’s license from Kentucky. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Aaron C. Lougher Mr. Lougher, 32, has had amblyopia in his left eye since birth. The visual acuity in his right eye is 20/20 and in the left, 20/200. Following an examination in 2005, his optometrist noted, ‘‘In my opinion, I do believe Mr. Lougher does have sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Lougher reported that he has driven straight trucks for 13 years, accumulating 260,000 miles, and tractor-trailer combinations for 11 years, accumulating 330,000 miles. He holds a Class A CDL from Oregon. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Joe S. Nix, IV Mr. Nix, 27, has complete loss of vision in the left eye due to an injury sustained as a child. The visual acuity in his right eye is 20/20. Following an examination in 2005, his optometrist noted, ‘‘In my opinion, Joe has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Nix reported that he has driven straight trucks for 8 years, PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 accumulating 624,000 miles. He holds a Class B CDL from Missouri. His driving record for the 3 years shows no crashes or convictions for moving violations in a CMV. Luis F. Saavedra Mr. Saavedra, 55, has had ischemic optic neuropathy in his right eye since 2002. The best corrected visual acuity in his right eye is 20/70 and in the left, 20/ 20. Following an examination in 2005, his ophthalmologist noted, ‘‘It is my opinion that Mr. Saavedra has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Saavedra reported that he has driven straight trucks for 30 years, accumulating 390,000 miles. He holds a Class D operator’s license from Florida. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Raul R. Torres Mr. Torres, 44, has loss of vision in his right eye due to trauma sustained in 1989. The best corrected visual acuity in his right eye is 20/80 and in the left, 20/ 20. Following an examination in 2005, his optometrist noted, ‘‘All our findings were discussed with Mr. Torres. We informed him that in our opinion, he has sufficient vision to perform the driving tasks required to operate a commercial motor vehicle.’’ Mr. Torres reported that he has driven tractortrailer combinations for 10 years, accumulating 120,000 miles. He holds a Class A CDL from California. His driving record for the last 3 years shows no crashes and one conviction for a moving violation in a CMV, failure to stop at a red light. Darwin J. Thomas Mr. Thomas, 57, has had amblyopia in his left eye since birth. The best corrected visual acuity in his right eye is 20/25 and in the left, 20/80. His optometrist examined him in 2005 and noted, ‘‘His vision both in terms of acuity and field of vision, in my opinion, is adequate to drive a commercial vehicle.’’ Mr. Thomas reported that he has driven straight trucks for 2 years, accumulating, 12,000 miles and tractor-trailer combinations for 21 years, accumulating 2.1 million 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. Darel G. Wagner Mr. Wagner, 50, has had chorioretinitis in his left eye since childhood. The best corrected vision in E:\FR\FM\09FEN1.SGM 09FEN1 Federal Register / Vol. 71, No. 27 / Thursday, February 9, 2006 / Notices his right eye is 20/20 and in the left, 20/ 100. Following an examination in 2005, his optometrist noted, ‘‘I expect Mr. Wagner’s vision condition is stable, and I do not anticipate any retinal change. Because he has learned to adapt to this condition as a child, it is my professional opinion that he has sufficient vision to operate a commercial vehicle safely.’’ Mr. Wagner reported that he has driven tractortrailer combinations for 5 years, accumulating 350,000 miles. He holds a Class A CDL from Minnesota. 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), FMCSA requests public comment from all interested persons on the exemption applications described in this notice. The agency will consider all comments received before the close of business March 13, 2006. Comments will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. The agency will file comments received after the comment closing date in the public docket, and will consider them to the extent practicable. In addition to late comments, FMCSA will also continue to file, in the public docket, relevant information that becomes available after the comment closing date. Interested persons should monitor the public docket for new material. Issued on: February 2, 2006. Larry W. Minor, Office Director, Bus and Truck Standards and Operations. [FR Doc. E6–1756 Filed 2–8–06; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2003–16564] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemption; request for comments. cprice-sewell on PROD1PC66 with NOTICES AGENCY: SUMMARY: FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 18 individuals. FMCSA has statutory authority to exempt individuals from vision standards if the exemptions granted will not compromise safety. The VerDate Aug<31>2005 13:56 Feb 08, 2006 Jkt 208001 agency has concluded that granting these exemptions will provide a level of safety that will be equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers. DATES: This decision is effective March 5, 2006. Comments from interested persons should be submitted by March 13, 2006. ADDRESSES: You may submit comments identified by DOT Docket Management System (DMS) Docket Numbers FMCSA–2003–16564. Using any of the following methods. • Web Site: http://dmses.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, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. Instructions: All submissions must include the agency name and docket numbers for this notice. Note that all comments received will be posted without change to http://dms.dot.gov, including any personal information provided. Please see the Privacy Act heading for further information. Docket: For access to the docket to read background documents or comments received, go to http:// dms.dot.gov at any time or 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. The DMS is available 24 hours each day, 365 days each year. If you want us to notify you that we received your comments, please include a self-addressed, stamped envelope or postcard or print the acknowledgment page that appears after submitting comments on-line. Privacy Act: Anyone may search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or of the person 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 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 6829 Statement in the Federal Register published on April 11, 2000 (65 FR 19477; April 11, 2000). This information is also available at http://dms.dot.gov. FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Chief, Physical Qualifications Division, (202) 366–4001, maggi.gunnels@fmcsa.dot.gov 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: Exemption Decision Under 49 U.S.C. 31315 and 31136(e), FMCSA may renew an exemption from the vision requirements in 49 CFR 391.41(b)(10), which applies to drivers of CMVs in interstate commerce, for a two-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 procedures for requesting an exemption (including renewals) are set out in 49 CFR part 381. This notice addresses 18 individuals who have requested renewal of their exemptions in a timely manner. FMCSA has evaluated these 18 applications for renewal on their merits and decided to extend each exemption for a renewable two-year period. They are: Lee A. Burke Barton C. Caldara Allan Darley Charley J. Davis Ray L. Emert Robin S. England Richard Hailey, Jr. Spencer N. Haugen Thomas R. Hedden William G. Hix Robert V. Hodges George R. Knavel John R. Knott, III Duane R. Krug Edward D. Pickle Charles D. Pointer Kent S. Reining Ronald D. Ulmer These exemptions are extended subject to the following conditions: (1) That each individual have a physical examination 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 E:\FR\FM\09FEN1.SGM 09FEN1

Agencies

[Federal Register Volume 71, Number 27 (Thursday, February 9, 2006)]
[Notices]
[Pages 6826-6829]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-1756]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-23773]


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: FMCSA announces receipt of applications from 19 individuals 
for 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 Federal vision standard.

DATES: Comments must be received on or before March 13, 2006.

ADDRESSES: You may submit comments identified by DOT Docket Management 
System (DMS) Docket Number FMCSA-2006-23773 using any of the following 
methods:
     Web Site: http://dmses.dot.gov/submit. 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, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the online instructions for submitting 
comments.
    Instructions: All submissions must include the agency name and 
docket number for this notice. Note that all comments received will be 
posted without change to http://dms.dot.gov, including any personal 
information provided. Please see the Privacy Act heading for further 
information.
    Docket: For access to the docket to read background documents or 
comments received, go to http://dms.dot.gov 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. The DMS is available 24 hours each day, 365 
days each year. If you want

[[Page 6827]]

acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgment 
page that appears after submitting comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or of the person 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 (65 FR 
19477; Apr. 11, 2000). This information is also available at http://
dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Chief, Physical 
Qualifications Division, (202) 366-4001, maggi.gunnels@fmcsa.dot.gov, 
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:

Background

    Under 49 U.S.C. 31315 and 31136(e), FMCSA may grant an exemption 
for a 2-year period if it finds ``such exemption would likely achieve a 
level of safety that is equivalent to, or greater than, the level that 
would be achieved absent such exemption.'' FMCSA can renew exemptions 
at the end of each 2-year period. The 19 individuals listed in this 
notice each have 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 statute.

Qualifications of Applicants

Scott E. Ames

    Mr. Ames, age 38, has loss of vision in his left eye due to 
traumatic optic neuropathy since 1987. The best corrected visual acuity 
in his right eye is 20/15 and in the left, 20/400. Following an 
examination in 2005, his optometrist noted, ``In my medical opinion, 
Mr. Scott Ames has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Ames reported that he 
has driven straight trucks for 12 years, accumulating 360,000 miles, 
and tractor-trailer combinations for 7 years, accumulating 238,000 
miles. He holds a Class A commercial driver's license (CDL) from Maine. 
His driving record for the last 3 years shows no crashes or convictions 
for moving violations in a CMV.

Otto J. Ammer, Jr.

    Mr. Ammer, 44, has had macular scaring in his right eye since 
childhood due to ocular histoplasmosis. The best corrected visual 
acuity in his right eye is 20/200 and in the left, 20/20. His 
optometrist examined him in 2005 and noted, ``It is my opinion that Mr. 
Ammer's visual acuity and visual fields will remain stable over the 
ensuing years. It is, further, my opinion that Mr. Ammer has sufficient 
vision to operate a commercial motor vehicle.'' Mr. Ammer reported that 
he has driven straight trucks for 5 years, accumulating 50,000 miles, 
and tractor-trailer combinations for 25 years, accumulating 1.7 million 
miles. He holds Class A CDL from Pennsylvania. His driving record for 
the last three years shows no crashes or convictions for moving 
violations in a CMV.

Harold J. Bartley, Jr.

    Mr. Bartley, 37, has aphakia in his left eye due to a traumatic 
injury sustained as a child. The visual acuity in his right eye is 20/
20 and in the left, count-finger-vision. His ophthalmologist examined 
him in 2005 and noted, ``In my opinion, Mr. Bartley has excellent 
visual acuity in his right eye and good peripheral vision in his left 
eye and his condition is stable. Mr. Bartley has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle at 
this time.'' Mr. Bartley reported that he has driven straight trucks 
for 10 years, accumulating 230,000 miles. He holds a Class B CDL from 
Kentucky. His driving record for the last 3 years shows no crashes or 
convictions for moving violations in a CMV.

Arthur L. Fields

    Mr. Fields, 54, has a prosthetic left eye due to trauma sustained 
in 1992. The best corrected visual acuity in his right eye is 20/20. 
Following an examination in 2005, his optometrist noted, ``I do certify 
that Mr. Fields has sufficient vision to perform the driving tasks to 
operate a commercial vehicle.'' Mr. Fields reported that he has driven 
straight trucks for 6.5 years, accumulating 78,000 miles. He holds a 
Class A CDL from South Carolina. His driving record for the last 3 
years shows no crashes or convictions for moving violations in a CMV.

John W. Forgy

    Mr. Forgy, 51, has had a chronic retinal detachment with aphakia in 
his right eye due to trauma sustained as a child. The visual acuity in 
his right eye is hand-motion-vision and in the left, 20/20. Following 
an examination in 2005, his ophthalmologist noted, ``I feel that Mr. 
Forgy has sufficient vision to drive commercial vehicles without any 
reservation.'' Mr. Forgy reported that he has driven straight trucks 
for 3 years, accumulating 65,000 miles. He holds a Class B CDL from 
Idaho. His driving record for the last 3 years shows no crashes or 
convictions for moving violations in a CMV.

Rupert G. Gilmore, III

    Mr. Gilmore, 47, has had amblyopia in his left eye since birth. The 
visual acuity in his right eye is 20/20 and in the left, 20/100. 
Following an examination in 2005, his ophthalmologist noted, ``In my 
opinion, this gentleman has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Gilmore reported 
that he has driven straight trucks for 23 years, accumulating 276,000 
miles. He holds a Class B CDL from Alabama. His driving record for the 
last 3 years shows no crashes or convictions for moving violations in a 
CMV.

George R. Gorsuch, Jr.

    Mr. Gorsuch, 56, has had amblyopia in his left eye since childhood. 
The best corrected visual acuity in his right eye is 20/25 and in the 
left, 20/60. His optometrist examined him in 2005 and noted, ``After 
interpreting the data, I am pleased to report that the patient has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Gorsuch reported that he has driven straight 
trucks for 30 years, accumulating 1 million miles and tractor-trailer 
combinations for 30 years, accumulating 1 million miles. He holds A 
Class A CDL from Indiana. His driving record for the last 3 years shows 
no crashes or convictions for moving violations in a CMV.

Walter R. Hardiman

    Mr. Hardiman, 59, has loss of vision in his right eye due to an 
injury sustained as a child. The best corrected visual acuity in his 
right eye is 20/200 and in the left, 20/20. Following an examination in 
2005, his optometrist noted, ``In my opinion, Mr. Hardiman's condition 
is stable and he has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Hardiman reported that 
he has driven straight trucks for 8 years,

[[Page 6828]]

accumulating 192,000 miles. He holds a Class A CDL from West Virginia. 
His driving record for the last 3 years shows no crashes or convictions 
for moving violations in a CMV.

Sergio A. Hernandez

    Mr. Hernandez, 59, has a congenital cataract in his left eye. The 
visual acuity in his right eye is 20/20 and in the left, light 
perception only. Following an examination in 2005, his optometrist 
noted, ``In my opinion, his monocular vision is sufficient to drive a 
commercial vehicle without concern.'' Mr. Hernandez reported that he 
has driven straight trucks for 5 years, accumulating 100,000 miles, and 
tractor-trailer combinations for 9 years, accumulating 180,000 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.

Burt A. Hughes

    Mr. Hughes, 53, has had loss of vision in the left eye due to 
retinopathy of prematurity since birth. The best corrected visual 
acuity in his right eye is 20/25 and in the left, count-finger-vision 
at 3 feet. Following an examination in 2005, his optometrist noted, 
``It is my opinion that the patient has sufficient vision at this time 
to continue to perform the driving tasks required to operate a 
commercial motor vehicle.'' Mr. Hughes reported that he has driven 
straight trucks for 6 years, accumulating 192,000 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.

Fredrick C. Ingles

    Mr. Ingles, 55, has had a prosthetic right eye due to a traumatic 
injury sustained in 1988. The visual acuity in his left eye is 20/20. 
Following an examination in 2005, his ophthalmologist noted, ``In my 
opinion, Mr. Ingles is safe to operate a commercial vehicle, having 
excellent vision in the left eye. His vision in the left eye is stable 
and the fitting of the prosthesis in the right eye is excellent.'' Mr. 
Ingles reported that he has driven straight trucks for 9 years, 
accumulating 178,000 miles. He holds a Class D operator's license from 
West Virginia. His driving record for the last 3 years shows no crashes 
or convictions for moving violations in a CMV.

Clyde Johnson, III

    Mr. Johnson, 44, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/20 and in the left, count-
finger-vision at 4 feet. Following an examination in 2005, his 
optometrist noted, ``Mr. Johnson's amblyopia does not affect his visual 
field capabilities. Therefore, his visual skills should allow him to 
perform the driving tasks required to drive a commercial vehicle. Mr. 
Johnson reported that he has driven straight trucks for 15 years, 
accumulating 75,000 miles, and tractor-trailer combinations for 15 
years, accumulating 1.8 million miles. He holds a Class A CDL from 
Michigan. His driving record for the last 3 years shows no crashes or 
convictions for moving violations in a CMV.

Paul E. Lindon

    Mr. Lindon, 51, has had a macular scar in his left eye for more 
than 10 years due to ocular histoplasmosis. The best corrected vision 
in his right eye is 20/20 and in the left, 20/400. Following an 
examination in 2005, his optometrist noted, ``In my medical opinion, 
Paul Lindon has sufficient vision to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Lindon reported that he has 
driven straight trucks for 2 years, accumulating 62,000 miles, and 
tractor-trailer combinations for 1 year, accumulating 53,000 miles. He 
holds a Class D operator's license from Kentucky. His driving record 
for the last 3 years shows no crashes or convictions for moving 
violations in a CMV.

Aaron C. Lougher

    Mr. Lougher, 32, has had amblyopia in his left eye since birth. The 
visual acuity in his right eye is 20/20 and in the left, 20/200. 
Following an examination in 2005, his optometrist noted, ``In my 
opinion, I do believe Mr. Lougher does have sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Lougher reported that he has driven straight trucks for 13 years, 
accumulating 260,000 miles, and tractor-trailer combinations for 11 
years, accumulating 330,000 miles. He holds a Class A CDL from Oregon. 
His driving record for the last 3 years shows no crashes or convictions 
for moving violations in a CMV.

Joe S. Nix, IV

    Mr. Nix, 27, has complete loss of vision in the left eye due to an 
injury sustained as a child. The visual acuity in his right eye is 20/
20. Following an examination in 2005, his optometrist noted, ``In my 
opinion, Joe has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Nix reported that he 
has driven straight trucks for 8 years, accumulating 624,000 miles. He 
holds a Class B CDL from Missouri. His driving record for the 3 years 
shows no crashes or convictions for moving violations in a CMV.

Luis F. Saavedra

    Mr. Saavedra, 55, has had ischemic optic neuropathy in his right 
eye since 2002. The best corrected visual acuity in his right eye is 
20/70 and in the left, 20/20. Following an examination in 2005, his 
ophthalmologist noted, ``It is my opinion that Mr. Saavedra has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Saavedra reported that he has driven straight 
trucks for 30 years, accumulating 390,000 miles. He holds a Class D 
operator's license from Florida. His driving record for the last 3 
years shows no crashes or convictions for moving violations in a CMV.

Raul R. Torres

    Mr. Torres, 44, has loss of vision in his right eye due to trauma 
sustained in 1989. The best corrected visual acuity in his right eye is 
20/80 and in the left, 20/20. Following an examination in 2005, his 
optometrist noted, ``All our findings were discussed with Mr. Torres. 
We informed him that in our opinion, he has sufficient vision to 
perform the driving tasks required to operate a commercial motor 
vehicle.'' Mr. Torres reported that he has driven tractor-trailer 
combinations for 10 years, accumulating 120,000 miles. He holds a Class 
A CDL from California. His driving record for the last 3 years shows no 
crashes and one conviction for a moving violation in a CMV, failure to 
stop at a red light.

Darwin J. Thomas

    Mr. Thomas, 57, has had amblyopia in his left eye since birth. The 
best corrected visual acuity in his right eye is 20/25 and in the left, 
20/80. His optometrist examined him in 2005 and noted, ``His vision 
both in terms of acuity and field of vision, in my opinion, is adequate 
to drive a commercial vehicle.'' Mr. Thomas reported that he has driven 
straight trucks for 2 years, accumulating, 12,000 miles and tractor-
trailer combinations for 21 years, accumulating 2.1 million 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.

Darel G. Wagner

    Mr. Wagner, 50, has had chorioretinitis in his left eye since 
childhood. The best corrected vision in

[[Page 6829]]

his right eye is 20/20 and in the left, 20/100. Following an 
examination in 2005, his optometrist noted, ``I expect Mr. Wagner's 
vision condition is stable, and I do not anticipate any retinal change. 
Because he has learned to adapt to this condition as a child, it is my 
professional opinion that he has sufficient vision to operate a 
commercial vehicle safely.'' Mr. Wagner reported that he has driven 
tractor-trailer combinations for 5 years, accumulating 350,000 miles. 
He holds a Class A CDL from Minnesota. 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), FMCSA requests 
public comment from all interested persons on the exemption 
applications described in this notice. The agency will consider all 
comments received before the close of business March 13, 2006. Comments 
will be available for examination in the docket at the location listed 
under the ADDRESSES section of this notice. The agency will file 
comments received after the comment closing date in the public docket, 
and will consider them to the extent practicable. In addition to late 
comments, FMCSA will also continue to file, in the public docket, 
relevant information that becomes available after the comment closing 
date. Interested persons should monitor the public docket for new 
material.

    Issued on: February 2, 2006.
Larry W. Minor,
Office Director, Bus and Truck Standards and Operations.
[FR Doc. E6-1756 Filed 2-8-06; 8:45 am]
BILLING CODE 4910-EX-P