Qualification of Drivers; Exemption Applications; Vision, 8417-8420 [E7-3189]

Download as PDF Federal Register / Vol. 72, No. 37 / Monday, February 26, 2007 / Notices length of 25 minutes each and 2,400 control interviews to be conducted at an average length of 25 minutes each for a total one-time burden on the public of 120,725 minutes or 2012 hours. It should be noted that this burden estimate is increased from the estimate appearing in the 60-day notice because a trial interview showed the need for more time to capture all of the OECD required elements. Electronic Access: Internet users may access all comments received by the U.S. DOT Dockets, Room PL–401, by using the universal resource locator (URL): https://dms.dot.gov, 24 hours each day, 365 days each year. Please follow the instructions online for more information and help. Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended; and 49 CFR 1.48. Issued on: February 20, 2007. James R. Kabel, Chief, Management Programs and Analysis Division. [FR Doc. E7–3197 Filed 2–23–07; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2007–26653] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemptions; request for comments. AGENCY: SUMMARY: FMCSA announces receipt of applications from 28 individuals for exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations. If granted, the exemptions would enable these individuals to qualify as drivers of commercial motor vehicles (CMVs) in interstate commerce without meeting the Federal vision standard. Comments must be received on or before March 28, 2007. ADDRESSES: You may submit comments identified by Department of Transportation (DOT) Docket Management System (DMS) Docket Number FMCSA–2006–26653 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. ycherry on PROD1PC64 with NOTICES DATES: VerDate Aug<31>2005 16:03 Feb 23, 2007 Jkt 211001 • 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 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 acknowledgment that we received your comments, please include a self-addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. Privacy Act: Anyone 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 DOT’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. Dr. Mary D. Gunnels, Chief, Physical Qualifications Division, (202) 366–4001, maggi.gunnels@dot.gov, FMCSA, Department of Transportation, 400 Seventh Street, SW., Room 8301, Washington, DC 20590–0001. Office hours are from 8:30 a.m. to 5 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for a 2year period if it finds ‘‘such exemption would likely achieve a level of safety PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 8417 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 28 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 Michael W. Anderson Mr. Anderson, age 48, has loss of vision in his left eye due to a retinal detachment in 1998. The best corrected visual acuity in his right eye is 20/20 and in the left, 20/400. Following an examination in 2006, his ophthalmologist noted, ‘‘In my opinion, Mr. Anderson’s vision is stable and is probably sufficient for driving tasks required to operate a commercial vehicle.’’ Mr. Anderson reported that he has driven straight trucks for 25 years, accumulating 715,000 miles. He holds a Class A Commercial Driver’s License (CDL) from New Mexico. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Manassah E. Baker Mr. Baker, 54, has a prosthetic right eye due to a traumatic injury sustained as a child. The visual acuity in his left eye is 20/20. Following an examination in 2006, his ophthalmologist noted, ‘‘In my medical opinion, he has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Baker reported that he has driven straight trucks for 2 years, accumulating 50,000 miles, and tractortrailer combinations for 20 years, accumulating 2.1 million miles. He holds a Class A CDL from Florida. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Thomas H. Barnhart, Jr. Mr. Barnhart, 59, has a corneal scar in his right eye due to a traumatic injury. The best corrected visual acuity in his right eye is 20/50 and in the left, 20/20. Following an examination in 2006, his optometrist noted, ‘‘Mr. Barnhart appears to have sufficient visual acuity and visual fields to operate a commercial vehicle.’’ Mr. Barnhart reported that he has driven straight trucks for 40 years, accumulating 4 million miles, tractor-trailer E:\FR\FM\26FEN1.SGM 26FEN1 8418 Federal Register / Vol. 72, No. 37 / Monday, February 26, 2007 / Notices combinations for 18 years, accumulating 1.1 million miles, and buses for 3 years, accumulating 30,000 miles. He holds a Class A CDL from Delaware. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Michael R. Bradford Mr. Bradford, 49, has loss of vision in his right eye due to exotropia with associated amblyopia since childhood. The best corrected visual acuity in his right eye is 20/80 and in the left, 20/20. Following an examination in 2006, his optometrist noted, ‘‘I certify that since Mr. Bradford has exhibited competent driving by having a perfect driving record and since his vision has not changed in at least 7 years that he has been a patient of mine, Mr. Bradford has sufficient vision to operate a commercial vehicle.’’ Mr. Bradford reported that he has driven straight trucks for 14 years, accumulating 245,000 miles, and tractor-trailer combinations for 14 years, accumulating 805,000 miles. He holds a Class A CDL from Maryland. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. ycherry on PROD1PC64 with NOTICES Jeanpierre Brefort Mr. Brefort, 55, has had amblyopia in his right eye since childhood. The visual acuity in his right eye is handmovement vision and in the left, 20/20. Following an examination in 2007, his ophthalmologist noted, ‘‘It is my opinion that Mr. Brefort has sufficient vision to perform the driving tasks required to operate a commercial motor vehicle based on stated requirements.’’ Mr. Brefort reported that he has driven tractor-trailer combinations for 6 years, accumulating 60,000 miles. He holds a Class A CDL from Connecticut. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. John J. Caricola, Jr. Mr. Caricola, 53, has aphakia and maculopathy in his left eye due to a traumatic injury sustained as a child. The best corrected visual acuity in his right eye is 20/15 and in the left, 20/400. Following an examination in 2006, his optometrist noted, ‘‘In my medical opinion, I certify that Mr. Caricola does not have a visual impairment that compromises his ability to operate a commercial motor vehicle.’’ Mr. Caricola reported that he has driven tractor-trailer combinations for 32 years, accumulating 4 million miles. He holds a Class A CDL from North Carolina. His driving record for the last 3 years shows VerDate Aug<31>2005 16:03 Feb 23, 2007 Jkt 211001 no crashes and one conviction for a moving violation in CMV, failure to obey a traffic sign. Paul W. Caulfield Mr. Caulfield, 44, has loss of vision in his right eye due to a traumatic injury sustained 23 years ago. The best corrected visual acuity in his right eye is 20/80 and in the left, 20/20. Following an examination in 2006, his optometrist noted, ‘‘I feel that William has sufficient vision to drive a commercial vehicle.’’ Mr. Caulfield reported that he has driven straight trucks for 10 years, accumulating 150,000 miles. He holds a Class D operator’s license from Delaware. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Denice M. Engle Ms. Engle, 40, has a prosthetic right eye due to a traumatic injury sustained in 2003. The visual acuity in her left eye is 20/15. Following an examination in 2006, her ophthalmologist noted, ‘‘In my medical opinion, she has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Ms. Engle reported that she has driven straight trucks for 3 years, accumulating 68,640 miles, and tractortrailer combinations for 3 years, accumulating 10,800 miles. She holds a Class A CDL from Georgia. Her driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. John B. Gregory Mr. Gregory, 67, has complete loss of vision in his right eye due to a traumatic injury sustained at age 5. The best corrected visual acuity in his left eye is 20/20. Following an examination in 2006, his ophthalmologist noted, ‘‘In my medical opinion, Mr. Gregory does have sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Gregory reported that he has driven straight trucks for 50 years, accumulating 2.5 million miles, and tractor-trailer combinations for 33 years, accumulating 5.8 million miles. He holds a Class A CDL from Arkansas. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Gary D. Hallman Mr. Hallman, 44, has had amblyopia in his left eye since birth. The best corrected visual acuity in his right eye is 20/20 and in the left, 20/200. Following an examination in 2006, his optometrist noted, ‘‘Vision is sufficient to operate a commercial vehicle.’’ Mr. PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 Hallman reported that he has driven straight trucks for 10 years, accumulating 500,000 miles, and tractor-trailer combinations for 8 years, accumulating 400,000 miles. He holds a Class D operator’s license from Alabama. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Wade M. Hillmer Mr. Hillmer, 25, has had amblyopia in his left eye since childhood. The best corrected visual acuity in his right eye is 20/20 and in the left, 20/80. Following an examination in 2006, his optometrist noted, ‘‘Therefore, it is my medical opinion, that Wade has sufficient vision in both eyes to perform driving tasks required to operate a commercial vehicle.’’ Mr. Hillmer reported that he has driven straight trucks for 4 years, accumulating 12,000 miles, and tractor-trailer combinations for 4 years, accumulating 3,200 miles. He holds a Class A CDL from Minnesota. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Michael W. Jensen Mr. Jensen, 45, has had amblyopia in his left eye since childhood. The best corrected visual acuity in his right eye is 20/20 and in the left, 20/60. Following an examination in 2006, his ophthalmologist noted, ‘‘From my evaluation, Michael Jensen has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Jensen reported that he has driven straight trucks for 24 years, accumulating 110,400 miles. He holds a Class C operator’s license from California. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Jorge Lopez Mr. Lopez, 55, has had amblyopia in his right eye since birth. The best corrected visual acuity in his right eye is 20/60 and in the left, 20/20. Following an examination in 2006, his optometrist noted, ‘‘Mr. Lopez, in my medical opinion, has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Lopez reported that he has driven straight trucks for 29 years, accumulating 406,000 miles, and tractor-trailer combinations for 5 years, accumulating 300,000 miles. He holds a Class A CDL from Ohio. His driving record for the last 3 years shows no E:\FR\FM\26FEN1.SGM 26FEN1 Federal Register / Vol. 72, No. 37 / Monday, February 26, 2007 / Notices crashes and no convictions for moving violations in a CMV. Albert E. Marbut Mr. Marbut, 61, has had complete loss of vision in his right eye due to an opaque cornea caused by neovascularization since 1991. The best corrected visual acuity in his left eye is 20/20. Following an examination in 2006, his optometrist noted, ‘‘It is in my medical opinion that Mr. Marbut has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Marbut reported that he has driven straight trucks for 12 years, accumulating 240,000 miles, and tractor-trailer combinations for 20 years, accumulating 1.2 million miles. He holds a Class A CDL from Alabama. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Michael J. McGregan Mr. McGregan, 39, has loss of vision in his right eye due to a traumatic 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 2006, his optometrist noted, ‘‘Mr. McGregan has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. McGregan reported that he has driven straight trucks for 21 years, accumulating 163,800 miles, and tractor-trailer combinations for 21 years, accumulating 163,800 miles. He holds a Class A CDL from Florida. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. ycherry on PROD1PC64 with NOTICES Willie E. Nichols Mr. Nichols, 53, has had amblyopia in his left eye since birth. The best corrected visual acuity in his right eye is 20/20 and in the left, count-finger vision. Following an examination in 2006, his ophthalmologist noted, ‘‘It is my medical impression, that Mr. Nichols can operate a commercial vehicle without visual difficulties.’’ Mr. Nichols reported that he has driven straight trucks for 5 years, accumulating 150,000 miles, and tractor-trailer combinations for 26 years, accumulating 3.9 million miles. He holds a Class A CDL from Florida. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. John P. Perez Mr. Perez, 48, has macular scarring in his left eye due to a traumatic injury sustained in 1978. The visual acuity in his right eye is 20/20 and in the left, 20/ VerDate Aug<31>2005 16:03 Feb 23, 2007 Jkt 211001 200. Following an examination in 2006, his ophthalmologist noted, ‘‘Mr. Perez has adequate vision to drive a commercial vehicle.’’ Mr. Perez reported that he has driven straight trucks for 10 years, accumulating 250,000 miles, and tractor-trailer combinations for 20 years, accumulating 1.1 million miles. He holds a Class A CDL from Florida. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Robert M. Pickett II Mr. Pickett, 31, has macular scarring in his left eye due to a traumatic injury sustained 16 years ago. The visual acuity in his right eye is 20/20 and in the left, count-finger vision. Following an examination in 2006, his ophthalmologist noted, ‘‘Yes, I believe, Mr. Pickett has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Pickett reported that he has driven straight trucks for 10 years, accumulating 400,000 miles. He holds a Class B CDL from Michigan. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Jeffrey W. Pike, Jr. Mr. Pike, 30, has a cataract in his right eye due to a traumatic injury sustained as a child. The best corrected visual acuity in his right eye is light perception and in the left, 20/20. Following an examination in 2006, his optometrist noted, ‘‘In my medical opinion, he has sufficient vision to perform driving tasks required to operate a commercial vehicle.’’ Mr. Pike reported that he has driven straight trucks for 12 years, accumulating 480,000 miles, and tractor-trailer combinations for 8 years, accumulating 180,000 miles. He holds a Class A CDL from Minnesota. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Donald V. Ports Mr. Ports, 38, has had amblyopia in his right eye since birth. The best corrected visual acuity in his right eye is 20/80 and in the left, 20/25. Following an examination in 2006, his ophthalmologist noted, ‘‘I believe Mr. Ports has sufficient vision to operate a commercial vehicle.’’ Mr. Ports reported that he has driven straight trucks for 17 years, accumulating 510,000 miles. He holds a Class C operator’s license from Maryland. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 8419 Robert A. Reyna Mr. Reyna, 44, has complete loss of vision in his right eye due to an optic nerve injury sustained during a cornea transplant procedure. The visual acuity in his right eye is light perception and in the left, 20/15. Following an examination in 2006, his ophthalmologist noted, ‘‘In my medical opinion, Mr. Reyna has sufficient vision required to operate a commercial vehicle.’’ Mr. Reyna reported that he has driven straight trucks for 6 months, accumulating 1,200 miles, and tractortrailer combinations for 3 years, accumulating 56,250 miles. He holds a Class A CDL from Utah. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Scott K. Richardson Mr. Richardson, 40, has had amblyopia in his left eye since birth. The best corrected visual acuity in his right eye is 20/20 and in the left, 20/400. Following an examination in 2006, his optometrist noted, ‘‘Mr. Richardson has sufficient central and peripheral vision with both eyes to perform the driving tasks to operate a commercial vehicle and has done so in the state of Ohio for the past 20 years.’’ Mr. Richardson reported that he has driven straight trucks for 20 years, accumulating 1.4 million miles, and tractor-trailer combinations for 5 months, accumulating 27,000 miles. He holds a Class A CDL from Ohio. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Kyle C. Shover Mr. Shover, 20, has a prosthetic left eye due to a congenital malformation called persistent hyperplastic primary vitreous. The best corrected visual acuity in his right eye is 20/20. Following an examination in 2006, his ophthalmologist noted, ‘‘It is my opinion that Mr. Shover has sufficient vision to perform the driving task required to operate a commercial vehicle.’’ Mr. Shover reported that he has driven straight trucks for 3 years, accumulating 60,000 miles. He holds a Class D operator’s license from New Jersey. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Charles H. Smith Mr. Smith, 65, has a prosthetic left eye due to a traumatic injury sustained as a child. The best corrected visual acuity in his right eye is 20/20. Following an examination in 2006, his E:\FR\FM\26FEN1.SGM 26FEN1 8420 Federal Register / Vol. 72, No. 37 / Monday, February 26, 2007 / Notices optometrist noted, ‘‘It is my medical opinion that Mr. Smith has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Smith reported that he has driven straight trucks for 24 years, accumulating 324,000 miles. He holds a Chauffeur’s license from Indiana. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Robert G. Springer Mr. Springer, 69, has loss of vision 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. Following an examination in 2006, his ophthalmologist noted, ‘‘I believe Robert Springer has the required visual acuity, and the required peripheral vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Springer reported that he has driven straight trucks for 53 years, accumulating 265,000 miles, and tractor-trailer combinations for 49 years, accumulating 1.7 million miles. He holds a Class A CDL from Illinois. His driving record for the last 3 years shows no crashes and no convictions for a moving violation in a CMV. ycherry on PROD1PC64 with NOTICES Harry J. Stoever, Jr. Mr. Stoever, 42, has had amblyopia in his right eye since birth. The best corrected visual acuity in his right eye is 20/50 and in the left, 20/20. Following an examination in 2006, his optometrist noted, ‘‘In my opinion, that Mr. Stoever has sufficient visual function to operate a commercial vehicle.’’ Mr. Stoever reported that he has driven straight trucks for 22 years, accumulating 121,000 miles. He holds a Class B CDL from New Jersey. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Scott A. Taylor Mr. Taylor, 35, has had amblyopia in his left eye since childhood. The best corrected visual acuity in his right eye is 20/20 and in the left, 20/60. Following an examination in 2006, his optometrist noted, ‘‘I, Dr. Eddie Pendergast, certify that in my medical opinion, Scott Taylor has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Taylor reported that he has driven straight trucks for 7 years, accumulating 280,000 miles, and tractor-trailer combinations for 11 years, accumulating approximately 1.6 million miles. He holds a Class A CDL from West Virginia. His driving record for the VerDate Aug<31>2005 16:03 Feb 23, 2007 Jkt 211001 last 3 years shows no crashes and two convictions for moving violations, speeding in a CMV. He exceeded the speed limit by 10 miles mph on two occasions. John E. Terrell Mr. Terrell, 52, has had amblyopia in his right eye since birth. The bestcorrected visual acuity in his right eye is 20/400 and in the left, 20/15. Following an examination in 2006, his ophthalmologist noted, ‘‘In my medical opinion, this patient has sufficient vision to perform driving tasks for a commercial vehicle.’’ Mr. Terrell reported that he has driven straight trucks for 6 years, accumulating 165,000 miles. He holds a Class B CDL from Georgia. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. The Agency will consider all comments received before the close of business March 28, 2007. 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 13, 2007. Larry W. Minor, Office Director, Bus and Truck Standards and Operations. [FR Doc. E7–3189 Filed 2–23–07; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration Reports, Forms and Record Keeping Requirements; Agency Information Collection Activity Under OMB Review National Highway Traffic Safety Administration, DOT. ACTION: Notice. AGENCY: SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collections and their expected burden. The Federal Register Notice with a 60-day comment period was published on November 28, 2006 [68 FR 68887–68888]. DATES: Comments must be submitted on or before March 28, 2007. FOR FURTHER INFORMATION CONTACT: Kevin Ball at the National Highway Traffic Safety Administration, Office of the Chief Information Officer, (NPO– 400), 202–366–5649, 400 Seventh Street, SW., Room 6132, Washington, DC 20590. SUPPLEMENTARY INFORMATION: National Highway Traffic Safety Administration. Title: Air Bag Deactivation. OMB Number: 2127–0588. Type of Request: Extension of a currently approved information collection. Abstract: If a private individual or lessee wants to install an air bag on-off switch to turn-off either or both frontal air bags, they must complete HS Form 603 which is approved under OMB 2127–0588 to certify certain statements regarding use of the switch. The dealer or business must, in turn, submit the completed forms to NHTSA within seven days. The submission of the completed forms by the dealers and repair business to NHTSA, as required, will serve the agency several purposes. They will aid the agency in monitoring the number of authorization requests submitted and the pattern in claims of risk groups membership. The completed forms will enable the agency to determine whether the dealers and repair business are complying with the terms of the exemption, which include a requirement that the dealers and repair businesses accept only fully completed forms. Finally, submission of the completed forms to the agency will promote honesty and accuracy in the filling out of the forms by vehicle owners. The air bag on-off switches are installed only in vehicles in which the risk of harm needs to be minimized on a case-by-case basis. Affected Public: Private individuals, fleet owners and lessees, motor vehicle dealers, repair business. Estimated Total Annual Burden: 7,500 hours. ADDRESSES: Send comments, within 30 days, to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725–17th Street, NW., Washington, DC 20503, Attention NHTSA Desk Officer. E:\FR\FM\26FEN1.SGM 26FEN1

Agencies

[Federal Register Volume 72, Number 37 (Monday, February 26, 2007)]
[Notices]
[Pages 8417-8420]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-3189]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2007-26653]


Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemptions; request for comments.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces receipt of applications from 28 individuals 
for exemptions from the vision requirement in the Federal Motor Carrier 
Safety Regulations. If granted, the exemptions would 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 28, 2007.

ADDRESSES: You may submit comments identified by Department of 
Transportation (DOT) Docket Management System (DMS) Docket Number 
FMCSA-2006-26653 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 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 acknowledgment that we received your 
comments, please include a self-addressed, stamped envelope or postcard 
or print the acknowledgement page that appears after submitting 
comments on-line.
    Privacy Act: Anyone 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 DOT'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@dot.gov, FMCSA, 
Department of Transportation, 400 Seventh Street, SW., Room 8301, 
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., 
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, 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 28 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

Michael W. Anderson

    Mr. Anderson, age 48, has loss of vision in his left eye due to a 
retinal detachment in 1998. The best corrected visual acuity in his 
right eye is 20/20 and in the left, 20/400. Following an examination in 
2006, his ophthalmologist noted, ``In my opinion, Mr. Anderson's vision 
is stable and is probably sufficient for driving tasks required to 
operate a commercial vehicle.'' Mr. Anderson reported that he has 
driven straight trucks for 25 years, accumulating 715,000 miles. He 
holds a Class A Commercial Driver's License (CDL) from New Mexico. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Manassah E. Baker

    Mr. Baker, 54, has a prosthetic right eye due to a traumatic injury 
sustained as a child. The visual acuity in his left eye is 20/20. 
Following an examination in 2006, his ophthalmologist noted, ``In my 
medical opinion, he has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Baker reported that he 
has driven straight trucks for 2 years, accumulating 50,000 miles, and 
tractor-trailer combinations for 20 years, accumulating 2.1 million 
miles. He holds a Class A CDL from Florida. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Thomas H. Barnhart, Jr.

    Mr. Barnhart, 59, has a corneal scar in his right eye due to a 
traumatic injury. The best corrected visual acuity in his right eye is 
20/50 and in the left, 20/20. Following an examination in 2006, his 
optometrist noted, ``Mr. Barnhart appears to have sufficient visual 
acuity and visual fields to operate a commercial vehicle.'' Mr. 
Barnhart reported that he has driven straight trucks for 40 years, 
accumulating 4 million miles, tractor-trailer

[[Page 8418]]

combinations for 18 years, accumulating 1.1 million miles, and buses 
for 3 years, accumulating 30,000 miles. He holds a Class A CDL from 
Delaware. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Michael R. Bradford

    Mr. Bradford, 49, has loss of vision in his right eye due to 
exotropia with associated amblyopia since childhood. The best corrected 
visual acuity in his right eye is 20/80 and in the left, 20/20. 
Following an examination in 2006, his optometrist noted, ``I certify 
that since Mr. Bradford has exhibited competent driving by having a 
perfect driving record and since his vision has not changed in at least 
7 years that he has been a patient of mine, Mr. Bradford has sufficient 
vision to operate a commercial vehicle.'' Mr. Bradford reported that he 
has driven straight trucks for 14 years, accumulating 245,000 miles, 
and tractor-trailer combinations for 14 years, accumulating 805,000 
miles. He holds a Class A CDL from Maryland. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Jeanpierre Brefort

    Mr. Brefort, 55, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is hand-movement vision 
and in the left, 20/20. Following an examination in 2007, his 
ophthalmologist noted, ``It is my opinion that Mr. Brefort has 
sufficient vision to perform the driving tasks required to operate a 
commercial motor vehicle based on stated requirements.'' Mr. Brefort 
reported that he has driven tractor-trailer combinations for 6 years, 
accumulating 60,000 miles. He holds a Class A CDL from Connecticut.
    His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

John J. Caricola, Jr.

    Mr. Caricola, 53, has aphakia and maculopathy in his left eye due 
to a traumatic injury sustained as a child. The best corrected visual 
acuity in his right eye is 20/15 and in the left, 20/400. Following an 
examination in 2006, his optometrist noted, ``In my medical opinion, I 
certify that Mr. Caricola does not have a visual impairment that 
compromises his ability to operate a commercial motor vehicle.'' Mr. 
Caricola reported that he has driven tractor-trailer combinations for 
32 years, accumulating 4 million miles. He holds a Class A CDL from 
North Carolina. His driving record for the last 3 years shows no 
crashes and one conviction for a moving violation in CMV, failure to 
obey a traffic sign.

Paul W. Caulfield

    Mr. Caulfield, 44, has loss of vision in his right eye due to a 
traumatic injury sustained 23 years ago. The best corrected visual 
acuity in his right eye is 20/80 and in the left, 20/20. Following an 
examination in 2006, his optometrist noted, ``I feel that William has 
sufficient vision to drive a commercial vehicle.'' Mr. Caulfield 
reported that he has driven straight trucks for 10 years, accumulating 
150,000 miles. He holds a Class D operator's license from Delaware. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Denice M. Engle

    Ms. Engle, 40, has a prosthetic right eye due to a traumatic injury 
sustained in 2003. The visual acuity in her left eye is 20/15. 
Following an examination in 2006, her ophthalmologist noted, ``In my 
medical opinion, she has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Ms. Engle reported that she 
has driven straight trucks for 3 years, accumulating 68,640 miles, and 
tractor-trailer combinations for 3 years, accumulating 10,800 miles. 
She holds a Class A CDL from Georgia. Her driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

John B. Gregory

    Mr. Gregory, 67, has complete loss of vision in his right eye due 
to a traumatic injury sustained at age 5. The best corrected visual 
acuity in his left eye is 20/20. Following an examination in 2006, his 
ophthalmologist noted, ``In my medical opinion, Mr. Gregory does have 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Gregory reported that he has driven straight 
trucks for 50 years, accumulating 2.5 million miles, and tractor-
trailer combinations for 33 years, accumulating 5.8 million miles. He 
holds a Class A CDL from Arkansas. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Gary D. Hallman

    Mr. Hallman, 44, has had amblyopia in his left eye since birth. The 
best corrected visual acuity in his right eye is 20/20 and in the left, 
20/200. Following an examination in 2006, his optometrist noted, 
``Vision is sufficient to operate a commercial vehicle.'' Mr. Hallman 
reported that he has driven straight trucks for 10 years, accumulating 
500,000 miles, and tractor-trailer combinations for 8 years, 
accumulating 400,000 miles. He holds a Class D operator's license from 
Alabama. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Wade M. Hillmer

    Mr. Hillmer, 25, has had amblyopia in his left eye since childhood. 
The best corrected visual acuity in his right eye is 20/20 and in the 
left, 20/80. Following an examination in 2006, his optometrist noted, 
``Therefore, it is my medical opinion, that Wade has sufficient vision 
in both eyes to perform driving tasks required to operate a commercial 
vehicle.'' Mr. Hillmer reported that he has driven straight trucks for 
4 years, accumulating 12,000 miles, and tractor-trailer combinations 
for 4 years, accumulating 3,200 miles. He holds a Class A CDL from 
Minnesota. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Michael W. Jensen

    Mr. Jensen, 45, has had amblyopia in his left eye since childhood. 
The best corrected visual acuity in his right eye is 20/20 and in the 
left, 20/60. Following an examination in 2006, his ophthalmologist 
noted, ``From my evaluation, Michael Jensen has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Jensen reported that he has driven straight trucks for 24 years, 
accumulating 110,400 miles. He holds a Class C operator's license from 
California. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Jorge Lopez

    Mr. Lopez, 55, has had amblyopia in his right eye since birth. The 
best corrected visual acuity in his right eye is 20/60 and in the left, 
20/20. Following an examination in 2006, his optometrist noted, ``Mr. 
Lopez, in my medical opinion, has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Lopez 
reported that he has driven straight trucks for 29 years, accumulating 
406,000 miles, and tractor-trailer combinations for 5 years, 
accumulating 300,000 miles. He holds a Class A CDL from Ohio. His 
driving record for the last 3 years shows no

[[Page 8419]]

crashes and no convictions for moving violations in a CMV.

Albert E. Marbut

    Mr. Marbut, 61, has had complete loss of vision in his right eye 
due to an opaque cornea caused by neovascularization since 1991. The 
best corrected visual acuity in his left eye is 20/20. Following an 
examination in 2006, his optometrist noted, ``It is in my medical 
opinion that Mr. Marbut has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Marbut reported 
that he has driven straight trucks for 12 years, accumulating 240,000 
miles, and tractor-trailer combinations for 20 years, accumulating 1.2 
million miles. He holds a Class A CDL from Alabama. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Michael J. McGregan

    Mr. McGregan, 39, has loss of vision in his right eye due to a 
traumatic 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 2006, his optometrist noted, ``Mr. McGregan has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. McGregan reported that he has driven straight 
trucks for 21 years, accumulating 163,800 miles, and tractor-trailer 
combinations for 21 years, accumulating 163,800 miles. He holds a Class 
A CDL from Florida. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Willie E. Nichols

    Mr. Nichols, 53, has had amblyopia in his left eye since birth. The 
best corrected visual acuity in his right eye is 20/20 and in the left, 
count-finger vision. Following an examination in 2006, his 
ophthalmologist noted, ``It is my medical impression, that Mr. Nichols 
can operate a commercial vehicle without visual difficulties.'' Mr. 
Nichols reported that he has driven straight trucks for 5 years, 
accumulating 150,000 miles, and tractor-trailer combinations for 26 
years, accumulating 3.9 million miles. He holds a Class A CDL from 
Florida. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

John P. Perez

    Mr. Perez, 48, has macular scarring in his left eye due to a 
traumatic injury sustained in 1978. The visual acuity in his right eye 
is 20/20 and in the left, 20/200. Following an examination in 2006, his 
ophthalmologist noted, ``Mr. Perez has adequate vision to drive a 
commercial vehicle.'' Mr. Perez reported that he has driven straight 
trucks for 10 years, accumulating 250,000 miles, and tractor-trailer 
combinations for 20 years, accumulating 1.1 million miles. He holds a 
Class A CDL from Florida. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

Robert M. Pickett II

    Mr. Pickett, 31, has macular scarring in his left eye due to a 
traumatic injury sustained 16 years ago. The visual acuity in his right 
eye is 20/20 and in the left, count-finger vision. Following an 
examination in 2006, his ophthalmologist noted, ``Yes, I believe, Mr. 
Pickett has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Pickett reported that he has driven 
straight trucks for 10 years, accumulating 400,000 miles. He holds a 
Class B CDL from Michigan. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Jeffrey W. Pike, Jr.

    Mr. Pike, 30, has a cataract in his right eye due to a traumatic 
injury sustained as a child. The best corrected visual acuity in his 
right eye is light perception and in the left, 20/20. Following an 
examination in 2006, his optometrist noted, ``In my medical opinion, he 
has sufficient vision to perform driving tasks required to operate a 
commercial vehicle.'' Mr. Pike reported that he has driven straight 
trucks for 12 years, accumulating 480,000 miles, and tractor-trailer 
combinations for 8 years, accumulating 180,000 miles. He holds a Class 
A CDL from Minnesota. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Donald V. Ports

    Mr. Ports, 38, has had amblyopia in his right eye since birth. The 
best corrected visual acuity in his right eye is 20/80 and in the left, 
20/25. Following an examination in 2006, his ophthalmologist noted, ``I 
believe Mr. Ports has sufficient vision to operate a commercial 
vehicle.'' Mr. Ports reported that he has driven straight trucks for 17 
years, accumulating 510,000 miles. He holds a Class C operator's 
license from Maryland. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Robert A. Reyna

    Mr. Reyna, 44, has complete loss of vision in his right eye due to 
an optic nerve injury sustained during a cornea transplant procedure. 
The visual acuity in his right eye is light perception and in the left, 
20/15. Following an examination in 2006, his ophthalmologist noted, 
``In my medical opinion, Mr. Reyna has sufficient vision required to 
operate a commercial vehicle.'' Mr. Reyna reported that he has driven 
straight trucks for 6 months, accumulating 1,200 miles, and tractor-
trailer combinations for 3 years, accumulating 56,250 miles. He holds a 
Class A CDL from Utah. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Scott K. Richardson

    Mr. Richardson, 40, has had amblyopia in his left eye since birth. 
The best corrected visual acuity in his right eye is 20/20 and in the 
left, 20/400. Following an examination in 2006, his optometrist noted, 
``Mr. Richardson has sufficient central and peripheral vision with both 
eyes to perform the driving tasks to operate a commercial vehicle and 
has done so in the state of Ohio for the past 20 years.'' Mr. 
Richardson reported that he has driven straight trucks for 20 years, 
accumulating 1.4 million miles, and tractor-trailer combinations for 5 
months, accumulating 27,000 miles. He holds a Class A CDL from Ohio. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Kyle C. Shover

    Mr. Shover, 20, has a prosthetic left eye due to a congenital 
malformation called persistent hyperplastic primary vitreous. The best 
corrected visual acuity in his right eye is 20/20. Following an 
examination in 2006, his ophthalmologist noted, ``It is my opinion that 
Mr. Shover has sufficient vision to perform the driving task required 
to operate a commercial vehicle.'' Mr. Shover reported that he has 
driven straight trucks for 3 years, accumulating 60,000 miles. He holds 
a Class D operator's license from New Jersey. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Charles H. Smith

    Mr. Smith, 65, has a prosthetic left eye due to a traumatic injury 
sustained as a child. The best corrected visual acuity in his right eye 
is 20/20. Following an examination in 2006, his

[[Page 8420]]

optometrist noted, ``It is my medical opinion that Mr. Smith has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Smith reported that he has driven straight 
trucks for 24 years, accumulating 324,000 miles. He holds a Chauffeur's 
license from Indiana. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Robert G. Springer

    Mr. Springer, 69, has loss of vision 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. Following an 
examination in 2006, his ophthalmologist noted, ``I believe Robert 
Springer has the required visual acuity, and the required peripheral 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Springer reported that he has driven straight trucks for 
53 years, accumulating 265,000 miles, and tractor-trailer combinations 
for 49 years, accumulating 1.7 million miles. He holds a Class A CDL 
from Illinois. His driving record for the last 3 years shows no crashes 
and no convictions for a moving violation in a CMV.

Harry J. Stoever, Jr.

    Mr. Stoever, 42, has had amblyopia in his right eye since birth. 
The best corrected visual acuity in his right eye is 20/50 and in the 
left, 20/20. Following an examination in 2006, his optometrist noted, 
``In my opinion, that Mr. Stoever has sufficient visual function to 
operate a commercial vehicle.'' Mr. Stoever reported that he has driven 
straight trucks for 22 years, accumulating 121,000 miles. He holds a 
Class B CDL from New Jersey. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Scott A. Taylor

    Mr. Taylor, 35, has had amblyopia in his left eye since childhood. 
The best corrected visual acuity in his right eye is 20/20 and in the 
left, 20/60. Following an examination in 2006, his optometrist noted, 
``I, Dr. Eddie Pendergast, certify that in my medical opinion, Scott 
Taylor has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Taylor reported that he has driven 
straight trucks for 7 years, accumulating 280,000 miles, and tractor-
trailer combinations for 11 years, accumulating approximately 1.6 
million miles. He holds a Class A CDL from West Virginia. His driving 
record for the last 3 years shows no crashes and two convictions for 
moving violations, speeding in a CMV. He exceeded the speed limit by 10 
miles mph on two occasions.

John E. Terrell

    Mr. Terrell, 52, has had amblyopia in his right eye since birth. 
The best-corrected visual acuity in his right eye is 20/400 and in the 
left, 20/15. Following an examination in 2006, his ophthalmologist 
noted, ``In my medical opinion, this patient has sufficient vision to 
perform driving tasks for a commercial vehicle.'' Mr. Terrell reported 
that he has driven straight trucks for 6 years, accumulating 165,000 
miles. He holds a Class B CDL from Georgia. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests 
public comment from all interested persons on the exemption petitions 
described in this notice. The Agency will consider all comments 
received before the close of business March 28, 2007. 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 13, 2007.
Larry W. Minor,
Office Director, Bus and Truck Standards and Operations.
 [FR Doc. E7-3189 Filed 2-23-07; 8:45 am]
BILLING CODE 4910-EX-P