Qualification of Drivers; Exemption Applications; Vision, 12666-12669 [E7-4841]

Download as PDF 12666 Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Notices 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. sroberts on PROD1PC70 with NOTICES Request for Comments 15:24 Mar 15, 2007 BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2007–27333] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemptions; request for comments. AGENCY: 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. 31136(e) and 31315. However, FMCSA requests that interested parties with specific data concerning the safety records of these drivers submit comments by April 16, 2007. FMCSA believes that the requirements for a renewal of an exemption under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially granting the renewal and then requesting and evaluating, if needed, subsequent comments submitted by interested parties. As indicated above, the Agency previously published notices of final disposition announcing its decision to exempt these 12 individuals from the vision requirement in 49 CFR 391.41(b)(10). The final decision to grant an 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. The 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. 31136(e) and 31315, FMCSA will take immediate steps to revoke the exemption of a driver. VerDate Aug<31>2005 Issued on: March 12, 2007. Pamela M. Pelcovits, Office Director, Policy Plans and Regulations. [FR Doc. E7–4840 Filed 3–15–07; 8:45 am] Jkt 211001 SUMMARY: FMCSA announces receipt of applications from 21 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 April 16, 2007. ADDRESSES: You may submit comments identified by Department of Transportation (DOT) Docket Management System (DMS) Docket Number FMCSA–2006–27333 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 DATES: PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 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 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 21 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 Rex A. Botsford Mr. Botsford, age 60, has had amblyopia in his right eye since childhood. The best corrected visual acuity in his right eye is 20/100 and in the left, 20/25. Following an examination in 2006, his optometrist noted, ‘‘In my medical opinion, Mr. E:\FR\FM\16MRN1.SGM 16MRN1 Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Notices Botsford has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Botsford reported that he has driven straight trucks for 2 years, accumulating 20,000 miles, and tractor-trailer combinations for 35 years, accumulating 4.2 million miles. He holds a Class A Commercial Driver’s License (CDL) from Michigan. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Robert A. Casson Mr. Casson, 30, has had amblyopia in his right eye since childhood. The visual acuity in his right eye is 20/200 and in the left, 20/20. Following an examination in 2007, his optometrist noted, ‘‘In my opinion, Mr. Casson does have sufficient vision to perform the task of driving a commercial vehicle.’’ Mr. Casson reported that he has driven straight trucks for 6 months, accumulating 12,000 miles, tractortrailer combinations for 2 months, accumulating 5,000 miles, and buses for 51⁄2 years, accumulating 110,000 miles. He holds a Class A CDL from Kentucky. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Gregory L. Cooper Mr. Cooper, 46, has had amblyopia in his right eye since childhood. The visual acuity in his right eye is 20/400 and in the left, 20/20. Following an examination in 2007, his ophthalmologist noted, ‘‘He has excellent vision to perform his driving tasks required to operate a commercial vehicle.’’ Mr. Cooper reported that he has driven straight trucks for 7 years, accumulating 227,500 miles. He holds a Class A CDL from Pennsylvania. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. sroberts on PROD1PC70 with NOTICES Kenneth D. Craig Mr. Craig, 46, has a prosthetic left eye due to a traumatic injury sustained in 2001. The visual acuity in his right eye is 20/20. Following an examination in 2006, his optometrist noted, ‘‘Mr. Craig has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Craig reported that he has driven tractor-trailer combinations for 20 years, accumulating 2.5 million miles. He holds a Class A CDL from Virginia. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. VerDate Aug<31>2005 15:24 Mar 15, 2007 Jkt 211001 Thomas H. Davenport, Sr. Mr. Davenport, 48, has had macular scarring in his right eye since birth due to histoplasmosis syndrome. The best corrected visual acuity in his right eye is count-finger vision and in the left, 20/ 25. Following an examination in 2007, his ophthalmologist noted, ‘‘It is my medical opinion that Mr. Davenport has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Davenport reported that he has driven straight trucks for 11 years, accumulating 572,000 miles, and tractor-trailer combinations for 2 years, accumulating 120,000 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. Christopher A. Deadman Mr. Deadman, 34, has had amblyopia in his right eye since childhood. The best corrected visual acuity in his right eye is 20/400 and in the left, 20/20. Following an examination in 2006, his optometrist noted, ‘‘In my medical opinion, Mr. Deadman has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Deadman reported that he has driven tractor-trailer combinations for 12 years, accumulating 588,000 miles. He holds a Class A CDL from Michigan. His driving record for the last 3 years shows one crash and no convictions for moving violations in a CMV. Heather M.B. Gordon Ms. Gordon, 35, has reduced peripheral vision in her right eye due to an optic nerve injury sustained as a child. The best corrected visual acuity in her right eye is 20/30 and in the left, 20/20. The horizontal field of vision in her right eye is 55 degrees and in the left, 110 degrees. Following an examination in 2006, her ophthalmologist noted, ‘‘In my medical opinion, Ms. Heather Gordon has sufficient field of vision to operate a commercial vehicle.’’ Ms. Gordon reported that she has driven straight trucks for 3 years, accumulating 60,000 miles. She holds a Class A CDL from New Hampshire. Her driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. William K. Gullett Mr. Gullett, 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, 20/60. Following an examination in 2006, his optometrist noted, ‘‘In my medical PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 12667 opinion, Mr. Gullett has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Gullett reported that he has driven straight trucks for 3 years, accumulating 156,000 miles. He holds a Class B CDL from Kentucky. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. George Harris Mr. Harris, 63, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/20 and in the left, 20/400. Following an examination in 2006, his optometrist noted, ‘‘Mr. Harris has sufficient vision to perform the driving tasks required to operate a commercial motor vehicle.’’ Mr. Gullett reported that he has driven straight trucks for 18 years, accumulating 270,000 miles. He holds a Class A CDL from Kansas. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Kenneth C. Keil Mr. Keil, 50, has severe iris and retinal damage in his right eye due to a traumatic injury sustained in 1982. The best corrected visual acuity in his right eye is hand-motion vision and in the left, 20/20. Following an examination in 2006, his optometrist noted, ‘‘I would like to state clearly that in my medical opinion, Ken Keil has sufficient vision to operate a commercial vehicle and I would recommend that he be allowed to do so without limits.’’ Mr. Keil reported that he has driven straight trucks for 27 years, accumulating 129,600 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. Robert K. Kimbel Mr. Kimbel, 53, has complete loss of vision in his right eye due to a retinal detachment sustained as a child. The visual acuity in his left eye is 20/20. Following an examination in 2006, his optometrist noted, ‘‘He has a full vision field in the left eye which should give him the vision necessary to drive a commercial vehicle.’’ Mr. Kimbel reported that he has driven straight trucks for 35 years, accumulating 1.8 million miles. He holds a chauffeur license from Michigan. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. E:\FR\FM\16MRN1.SGM 16MRN1 12668 Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Notices Melvin A. Kleman Mr. Kleman, 52, has had amblyopia in his right eye since childhood. The best corrected visual acuity in his right eye is 20/60 and in the left, 20/20. Following an examination in 2007, his optometrist noted, ‘‘In my opinion, Mel has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Kleman reported that he has driven straight trucks for 17 years, accumulating 510,000 miles, and tractor-trailer combinations for 34 years, accumulating 3.7 million 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. Roosevelt Lawson, Jr. Mr. Lawson, 43, has complete loss of vision in his 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 optometrist noted, ‘‘In my medical opinion, Mr. Lawson has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Lawson reported that he has driven straight trucks for 15 years, accumulating 585,000 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. sroberts on PROD1PC70 with NOTICES David H. Luckadoo Mr. Luckadoo, 58, 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 20/25 and in the left, light perception. Following an examination in 2006, his optometrist noted, ‘‘He has adapted well to his condition and in my opinion has sufficient vision to perform the driving task required to operate a commercial vehicle.’’ Mr. Luckadoo reported that he has driven straight trucks for 10 years, accumulating 500,000 miles. He holds an operator’s license from Indiana, which allows him to operate a vehicle with a gross weight of 16,000 pounds or less. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Emanuel N. Malone Mr. Malone, 47, has loss of vision in his left eye due to a traumatic injury sustained as a child. The best corrected visual acuity in his right eye is 20/25 and in the left, 20/400. Following an examination in 2006, his optometrist noted, ‘‘I believe that Mr. Malone has sufficient vision to perform the driving VerDate Aug<31>2005 15:24 Mar 15, 2007 Jkt 211001 tasks required to operate a commercial vehicle.’’ Mr. Malone reported that he has driven straight trucks for 14 years, accumulating 1.4 million miles, and tractor-trailer combinations for 14 years, accumulating 1.2 million miles. He holds a Class A CDL from Virginia. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Roberto E. Martinez Mr. Martinez, 28, has a prosthetic left eye due to a traumatic injury sustained at age 22. The best corrected visual acuity in his right eye is 20/20. Following an examination in 2006, his optometrist noted, ‘‘In my medical opinion, Robert E. Martinez has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Martinez reported that he has driven tractor-trailer combinations for 81⁄2 years, accumulating 680,000 miles. He holds a Class A CDL from Washington. His driving record for the last 3 years shows no crashes and one conviction for a moving violation, speeding in a CMV. He exceeded the speed limit by 13 mph. Richard W. Mullenix Mr. Mullenix, 52, has complete loss of vision in his right eye due to a traumatic injury sustained as a child. The best corrected visual acuity in his left eye is 20/20. Following an examination in 2006, his optometrist noted, ‘‘I do feel he has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Mullenix reported that he has driven straight trucks for 9 years, accumulating 225,000 miles, and tractor-trailer combinations for 3 years, accumulating 288,000 miles. He holds a Class A CDL from Missouri. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Steven A. Proctor Mr. Proctor, 36, has had amblyopia in his right eye since childhood. The best corrected visual acuity in his right eye is 20/70 and in the left, 20/20. Following an examination in 2006, his optometrist noted, ‘‘In my medical opinion, Mr. Proctor has sufficient vision to perform the driving tasks to operate a commercial vehicle.’’ Mr. Proctor reported that he has driven tractor-trailer combinations for 7 years, accumulating 472,500 miles. He holds a Class A CDL from Nevada. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 George K. Sizemore Mr. Sizemore, 26, has a choroidal rupture in his right eye due to a traumatic injury sustained in 1995. The best corrected visual acuity in his right eye is 20/400 and in the left, 20/20. Following an examination in 2006, his optometrist noted, ‘‘In my medical opinion, with the excellent visual acuity of the left eye and the satisfactory field of vision with both eyes, Mr. Sizemore has sufficient vision to perform the driving tasks to operate a commercial vehicle.’’ Mr. Sizemore reported that he has driven tractor-trailer combinations for 5 years, accumulating 300,000 miles. He holds a Class A CDL from North Carolina. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Robert N. Taylor Mr. Taylor, 61, has complete loss of vision in his right eye due to a traumatic injury sustained in 1969, which resulted in an opacified cornea. The best corrected visual acuity in his left eye is 20/25. Following an examination in 2006, his optometrist noted, ‘‘I feel this patient has adequate visual acuity and visual field to operate a commercial vehicle.’’ Mr. Taylor reported that he has driven straight trucks for 2 years, accumulating 30,000 miles, and tractortrailer combinations for 30 years, accumulating 3 million miles. He holds a Class A CDL from Oregon. His driving record for the last 3 years shows no crashes and one conviction for a moving violation, speeding in a CMV. He exceeded the speed limit by 15 mph. Manuel A. Vargas Mr. Vargas, 39, has loss of vision in his left eye due to a retinal detachment sustained as a child. 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, ‘‘In my professional opinion, Manuel has sufficient vision to perform driving tasks required to operate a commercial vehicle.’’ Mr. Vargas reported that he has driven straight trucks for 12 years, accumulating 30,000 miles, and tractor-trailer combinations for 12 years, accumulating 60,000 miles. He holds a Class A CDL from Arizona. 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 E:\FR\FM\16MRN1.SGM 16MRN1 Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Notices comments received before the close of business April 16, 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: March 12, 2007. Pamela M. Pelcovits, Office Director, Policy Plans and Regulations. [FR Doc. E7–4841 Filed 3–15–07; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD–2007–27586] Information Collection Available for Public Comments and Recommendations Notice and request for comments. sroberts on PROD1PC70 with NOTICES ACTION: SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this notice announces the Maritime Administration’s (MARAD’s) intention to request extension of approval for three years of a currently approved information collection. DATES: Comments should be submitted on or before May 15, 2007. FOR FURTHER INFORMATION CONTACT: Patricia Ann Thomas, Maritime Administration, MAR–630, 400 Seventh St., SW., Washington, DC 20590. Telephone: 202–366–2646; FAX: 202– 493–2180; or e-mail: patricia.thomas@dot.gov. Copies of this collection also can be obtained from that office. SUPPLEMENTARY INFORMATION: Title of Collection: Merchant Marine Medals and Awards. Type of Request: Extension of currently approved information collection. OMB Control Number: 2133–0506. Form Numbers: None. Expiration Date of Approval: Three years from date of approval by the Office of Management and Budget. Summary of Collection of Information: This information collection provides a method of awarding merchant marine medals and decorations to masters, officers, and VerDate Aug<31>2005 15:24 Mar 15, 2007 Jkt 211001 crew members of U.S. ships in recognition of their service in areas of danger during the operations by the Armed Forces of the United States in World War II, Korea, Vietnam, and Operation Desert Storm. Need and Use of the Information: This information is used by MARAD personnel to process and verify requests for service awards. Description of Respondents: Masters, officers and crew members of U.S. ships. Annual Responses: 900 responses. Annual Burden: 900 hours. Comments: Comments should refer to the docket number that appears at the top of this document. Written comments may be submitted to the Docket Clerk, U.S. DOT Dockets, Room PL–401, 400 Seventh Street, SW., Washington, DC 20590. Comments also may be submitted by electronic means via the Internet at https://dms.dot.gov/submit. Specifically address whether this information collection is necessary for proper performance of the functions of the agency and will have practical utility, accuracy of the burden estimates, ways to minimize this burden, and ways to enhance the quality, utility, and clarity of the information to be collected. All comments received will be available for examination at the above address between 10 a.m. and 5 p.m. EDT (or EST), Monday through Friday, except Federal Holidays. An electronic version of this document is available on the World Wide Web at https://dms.dot.gov. Privacy Act Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78) or you may visit https://www.dms.dot.gov. (Authority: 49 CFR 1.66) Dated: March 12, 2007. By order of the Maritime Administrator. Daron T. Threet, Secretary, Maritime Administration. [FR Doc. E7–4829 Filed 3–15–07; 8:45 am] BILLING CODE 4910–81–P PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 12669 DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD–2007–27551] Requested Administrative Waiver of the Coastwise Trade Laws Maritime Administration, Department of Transportation. ACTION: Invitation for public comments on a requested administrative waiver of the Coastwise Trade Laws for the vessel CATNAP. AGENCY: SUMMARY: As authorized by Public Law 105–383 and Public Law 107–295, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket MARAD–2007– 27551 at https://dms.dot.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.flag vessels. If MARAD determines, in accordance with Public Law 105–383 and MARAD’s regulations at 46 CFR Part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter’s interest in the waiver application, and address the waiver criteria given in § 388.4 of MARAD’s regulations at 46 CFR Part 388. DATES: Submit comments on or before April 16, 2007. ADDRESSES: Comments should refer to docket number MARAD–2007–27551. Written comments may be submitted by hand or by mail to the Docket Clerk, U.S. DOT Dockets, Room PL–401, Department of Transportation, 400 7th St., SW., Washington, DC 20590–0001. You may also send comments electronically via the Internet at https:// dmses.dot.gov/submit/. All comments will become part of this docket and will be available for inspection and copying at the above address between 10 a.m. and 5 p.m., E.T., Monday through Friday, except federal holidays. An electronic version of this document and all documents entered into this docket E:\FR\FM\16MRN1.SGM 16MRN1

Agencies

[Federal Register Volume 72, Number 51 (Friday, March 16, 2007)]
[Notices]
[Pages 12666-12669]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-4841]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2007-27333]


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 21 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 April 16, 2007.

ADDRESSES: You may submit comments identified by Department of 
Transportation (DOT) Docket Management System (DMS) Docket Number 
FMCSA-2006-27333 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 21 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

Rex A. Botsford

    Mr. Botsford, age 60, has had amblyopia in his right eye since 
childhood. The best corrected visual acuity in his right eye is 20/100 
and in the left, 20/25. Following an examination in 2006, his 
optometrist noted, ``In my medical opinion, Mr.

[[Page 12667]]

Botsford has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Botsford reported that he has 
driven straight trucks for 2 years, accumulating 20,000 miles, and 
tractor-trailer combinations for 35 years, accumulating 4.2 million 
miles. He holds a Class A Commercial Driver's License (CDL) from 
Michigan. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Robert A. Casson

    Mr. Casson, 30, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is 20/200 and in the left, 20/20. 
Following an examination in 2007, his optometrist noted, ``In my 
opinion, Mr. Casson does have sufficient vision to perform the task of 
driving a commercial vehicle.'' Mr. Casson reported that he has driven 
straight trucks for 6 months, accumulating 12,000 miles, tractor-
trailer combinations for 2 months, accumulating 5,000 miles, and buses 
for 5\1/2\ years, accumulating 110,000 miles. He holds a Class A CDL 
from Kentucky. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Gregory L. Cooper

    Mr. Cooper, 46, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is 20/400 and in the left, 20/20. 
Following an examination in 2007, his ophthalmologist noted, ``He has 
excellent vision to perform his driving tasks required to operate a 
commercial vehicle.'' Mr. Cooper reported that he has driven straight 
trucks for 7 years, accumulating 227,500 miles. He holds a Class A CDL 
from Pennsylvania. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Kenneth D. Craig

    Mr. Craig, 46, has a prosthetic left eye due to a traumatic injury 
sustained in 2001. The visual acuity in his right eye is 20/20. 
Following an examination in 2006, his optometrist noted, ``Mr. Craig 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Craig reported that he has driven tractor-
trailer combinations for 20 years, accumulating 2.5 million miles. He 
holds a Class A CDL from Virginia. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Thomas H. Davenport, Sr.

    Mr. Davenport, 48, has had macular scarring in his right eye since 
birth due to histoplasmosis syndrome. The best corrected visual acuity 
in his right eye is count-finger vision and in the left, 20/25. 
Following an examination in 2007, his ophthalmologist noted, ``It is my 
medical opinion that Mr. Davenport has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Davenport 
reported that he has driven straight trucks for 11 years, accumulating 
572,000 miles, and tractor-trailer combinations for 2 years, 
accumulating 120,000 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.

Christopher A. Deadman

    Mr. Deadman, 34, has had amblyopia in his right eye since 
childhood. The best corrected visual acuity in his right eye is 20/400 
and in the left, 20/20. Following an examination in 2006, his 
optometrist noted, ``In my medical opinion, Mr. Deadman has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Deadman reported that he has driven tractor-trailer 
combinations for 12 years, accumulating 588,000 miles. He holds a Class 
A CDL from Michigan. His driving record for the last 3 years shows one 
crash and no convictions for moving violations in a CMV.

Heather M.B. Gordon

    Ms. Gordon, 35, has reduced peripheral vision in her right eye due 
to an optic nerve injury sustained as a child. The best corrected 
visual acuity in her right eye is 20/30 and in the left, 20/20. The 
horizontal field of vision in her right eye is 55 degrees and in the 
left, 110 degrees. Following an examination in 2006, her 
ophthalmologist noted, ``In my medical opinion, Ms. Heather Gordon has 
sufficient field of vision to operate a commercial vehicle.'' Ms. 
Gordon reported that she has driven straight trucks for 3 years, 
accumulating 60,000 miles. She holds a Class A CDL from New Hampshire. 
Her driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

William K. Gullett

    Mr. Gullett, 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, 
20/60. Following an examination in 2006, his optometrist noted, ``In my 
medical opinion, Mr. Gullett has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Gullett 
reported that he has driven straight trucks for 3 years, accumulating 
156,000 miles. He holds a Class B CDL from Kentucky. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

George Harris

    Mr. Harris, 63, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/20 and in the left, 20/400. 
Following an examination in 2006, his optometrist noted, ``Mr. Harris 
has sufficient vision to perform the driving tasks required to operate 
a commercial motor vehicle.'' Mr. Gullett reported that he has driven 
straight trucks for 18 years, accumulating 270,000 miles. He holds a 
Class A CDL from Kansas. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

Kenneth C. Keil

    Mr. Keil, 50, has severe iris and retinal damage in his right eye 
due to a traumatic injury sustained in 1982. The best corrected visual 
acuity in his right eye is hand-motion vision and in the left, 20/20. 
Following an examination in 2006, his optometrist noted, ``I would like 
to state clearly that in my medical opinion, Ken Keil has sufficient 
vision to operate a commercial vehicle and I would recommend that he be 
allowed to do so without limits.'' Mr. Keil reported that he has driven 
straight trucks for 27 years, accumulating 129,600 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.

Robert K. Kimbel

    Mr. Kimbel, 53, has complete loss of vision in his right eye due to 
a retinal detachment sustained as a child. The visual acuity in his 
left eye is 20/20. Following an examination in 2006, his optometrist 
noted, ``He has a full vision field in the left eye which should give 
him the vision necessary to drive a commercial vehicle.'' Mr. Kimbel 
reported that he has driven straight trucks for 35 years, accumulating 
1.8 million miles. He holds a chauffeur license from Michigan. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

[[Page 12668]]

Melvin A. Kleman

    Mr. Kleman, 52, has had amblyopia in his right eye since childhood. 
The best corrected visual acuity in his right eye is 20/60 and in the 
left, 20/20. Following an examination in 2007, his optometrist noted, 
``In my opinion, Mel has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Kleman reported that he 
has driven straight trucks for 17 years, accumulating 510,000 miles, 
and tractor-trailer combinations for 34 years, accumulating 3.7 million 
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.

Roosevelt Lawson, Jr.

    Mr. Lawson, 43, has complete loss of vision in his 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 optometrist noted, 
``In my medical opinion, Mr. Lawson has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Lawson reported that he has driven straight trucks for 15 years, 
accumulating 585,000 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.

David H. Luckadoo

    Mr. Luckadoo, 58, 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 20/25 and in the left, light perception. Following an 
examination in 2006, his optometrist noted, ``He has adapted well to 
his condition and in my opinion has sufficient vision to perform the 
driving task required to operate a commercial vehicle.'' Mr. Luckadoo 
reported that he has driven straight trucks for 10 years, accumulating 
500,000 miles. He holds an operator's license from Indiana, which 
allows him to operate a vehicle with a gross weight of 16,000 pounds or 
less. His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Emanuel N. Malone

    Mr. Malone, 47, has loss of vision in his left eye due to a 
traumatic injury sustained as a child. The best corrected visual acuity 
in his right eye is 20/25 and in the left, 20/400. Following an 
examination in 2006, his optometrist noted, ``I believe that Mr. Malone 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Malone reported that he has driven straight 
trucks for 14 years, accumulating 1.4 million miles, and tractor-
trailer combinations for 14 years, accumulating 1.2 million miles. He 
holds a Class A CDL from Virginia. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Roberto E. Martinez

    Mr. Martinez, 28, has a prosthetic left eye due to a traumatic 
injury sustained at age 22. The best corrected visual acuity in his 
right eye is 20/20. Following an examination in 2006, his optometrist 
noted, ``In my medical opinion, Robert E. Martinez has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Martinez reported that he has driven tractor-trailer 
combinations for 8\1/2\ years, accumulating 680,000 miles. He holds a 
Class A CDL from Washington. His driving record for the last 3 years 
shows no crashes and one conviction for a moving violation, speeding in 
a CMV. He exceeded the speed limit by 13 mph.

Richard W. Mullenix

    Mr. Mullenix, 52, has complete loss of vision in his right eye due 
to a traumatic injury sustained as a child. The best corrected visual 
acuity in his left eye is 20/20. Following an examination in 2006, his 
optometrist noted, ``I do feel he has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Mullenix 
reported that he has driven straight trucks for 9 years, accumulating 
225,000 miles, and tractor-trailer combinations for 3 years, 
accumulating 288,000 miles. He holds a Class A CDL from Missouri. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Steven A. Proctor

    Mr. Proctor, 36, has had amblyopia in his right eye since 
childhood. The best corrected visual acuity in his right eye is 20/70 
and in the left, 20/20. Following an examination in 2006, his 
optometrist noted, ``In my medical opinion, Mr. Proctor has sufficient 
vision to perform the driving tasks to operate a commercial vehicle.'' 
Mr. Proctor reported that he has driven tractor-trailer combinations 
for 7 years, accumulating 472,500 miles. He holds a Class A CDL from 
Nevada. His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

George K. Sizemore

    Mr. Sizemore, 26, has a choroidal rupture in his right eye due to a 
traumatic injury sustained in 1995. The best corrected visual acuity in 
his right eye is 20/400 and in the left, 20/20. Following an 
examination in 2006, his optometrist noted, ``In my medical opinion, 
with the excellent visual acuity of the left eye and the satisfactory 
field of vision with both eyes, Mr. Sizemore has sufficient vision to 
perform the driving tasks to operate a commercial vehicle.'' Mr. 
Sizemore reported that he has driven tractor-trailer combinations for 5 
years, accumulating 300,000 miles. He holds a Class A CDL from North 
Carolina. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Robert N. Taylor

    Mr. Taylor, 61, has complete loss of vision in his right eye due to 
a traumatic injury sustained in 1969, which resulted in an opacified 
cornea. The best corrected visual acuity in his left eye is 20/25. 
Following an examination in 2006, his optometrist noted, ``I feel this 
patient has adequate visual acuity and visual field to operate a 
commercial vehicle.'' Mr. Taylor reported that he has driven straight 
trucks for 2 years, accumulating 30,000 miles, and tractor-trailer 
combinations for 30 years, accumulating 3 million miles. He holds a 
Class A CDL from Oregon. His driving record for the last 3 years shows 
no crashes and one conviction for a moving violation, speeding in a 
CMV. He exceeded the speed limit by 15 mph.

Manuel A. Vargas

    Mr. Vargas, 39, has loss of vision in his left eye due to a retinal 
detachment sustained as a child. 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, ``In my professional 
opinion, Manuel has sufficient vision to perform driving tasks required 
to operate a commercial vehicle.'' Mr. Vargas reported that he has 
driven straight trucks for 12 years, accumulating 30,000 miles, and 
tractor-trailer combinations for 12 years, accumulating 60,000 miles. 
He holds a Class A CDL from Arizona. 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

[[Page 12669]]

comments received before the close of business April 16, 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: March 12, 2007.
Pamela M. Pelcovits,
Office Director, Policy Plans and Regulations.
 [FR Doc. E7-4841 Filed 3-15-07; 8:45 am]
BILLING CODE 4910-EX-P