Qualification of Drivers; Exemption Applications; Vision, 6826-6829 [E6-1756]
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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for two years unless rescinded earlier by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rescinded if: (1) The person fails to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.
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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
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[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: https://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
https://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 https://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 https://
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
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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 https://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
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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.
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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,
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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
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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,
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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
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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
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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: https://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
https://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 https://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 https://
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 https://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.
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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: https://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 https://
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 https://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 https://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 https://
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
