Qualification of Drivers; Exemption Applications; Vision, 61922-61925 [E8-24691]

Download as PDF sroberts on PROD1PC70 with NOTICES 61922 Federal Register / Vol. 73, No. 202 / Friday, October 17, 2008 / Notices A State may also apply for funds to prepare an Expanded CVISN Program Plan and Top-Level Design if FMCSA acknowledged the State as having completed Core CVISN deployment. In order to be eligible for funding of any Expanded CVISN deployment project(s), a State must have its most current Expanded CVISN Program Plan and Top-Level Design approved by FMCSA and any proposed Expanded CVISN project(s) should be consistent with its Expanded CVISN Program Plan and Top-Level Design. If a State does not have an Expanded CVISN Program Plan and Top-Level Design, it may apply for up to $100,000 in funds to either compile or update an Expanded CVISN Program Plan and Top-Level Design. In FY 2009, $25,000,000 of CVISN grant funds are expected to be available. CVISN grant applications must be submitted electronically through grants.gov. Awards for approved CVISN grant applications are made on a firstcome, first-served basis. Application Information for FY 2009 Grants: (Note: This section is not applicable to MCSAP Basic and Incentive grant application processes.) Visit www.grants.gov. Information on the grant, application process, and additional contact information is available at that Web site. General information about the FMCSA grant programs is available in the Catalog of Federal Domestic Assistance (CFDA) which can be found on the Internet at http://www.cfda.gov. To apply for funding, applicants must register with grants.gov at http://www.grants.gov/ applicants/get-registered.jsp and submit an application in accordance with instructions provided. Evaluation Factors: The following evaluation factors will be used in reviewing the applications for all FMCSA discretionary grants. (1) Prior performance—Completion of identified programs and goals per the project plan. (2) Effective Use of Prior Grants— Demonstrated timely use of available funds. (3) Cost Effectiveness—Applications will be evaluated and prioritized on the expected impact on safety relative to the investment of grant funds. Where appropriate, costs per unit will be calculated and compared with national averages to determine effectiveness. In other areas, proposed costs will be compared with historical information to confirm reasonableness. (4) Applicability to announced priorities—If national priorities are included in the grants.gov notice, those grants that specifically address these VerDate Aug<31>2005 19:18 Oct 16, 2008 Jkt 217001 issues will be given priority consideration. (5) Ability of the applicant to support the strategies and activities in the proposal for the entire project period of performance. (6) Use of innovative approaches in executing a project plan to address identified safety issues. (7) Feasibility of overall program coordination and implementation based upon the project plan. (8) Grant specific evaluation factors as described in the grants.gov application information. The FMCSA provides information on its Web site outlining past fiscal year (FY) MCSAP Basic, Incentive, and discretionary grants funding by State (http:// www.fmcsa.dot.gov/safety-security/ safety-initiatives/mcsap/funding.htm). DATES: For the following discretionary grant programs, FMCSA will consider funding completed applications between the following dates: New Entrant Safety Audits Grants— October 1, 2008–December 1, 2008 Border Enforcement Grants—October 1, 2008–November 15, 2008 MCSAP High Priority Grants—October 1, 2008 CMV Operator Safety Training Grants— October 1, 2008–December 1, 2008 CDLPI Grants—November 1, 2008– January 30, 2009 CDLIS Modernization Grants— November 15, 2008–February 15, 2009 SaDIP Grants—November 1, 2008– February 1, 2009 PRISM Grants—January 1, 2009–March 1, 2009 CVISN Grants—January 1, 2009–July 15, 2009 When each of those applications has been reviewed, and funding has been awarded as appropriate, applications submitted after these due dates may be considered on a case-by-case basis. FOR FURTHER INFORMATION CONTACT: Please contact the following FMCSA staff with questions or needed information on the Agency’s grant programs: New Entrant Safety Audits Grants— Arthur Williams, arthur.williams@dot.gov, 202–366– 3695 Border Enforcement Grants—Carla Vagnini, carla.vagnini@dot.gov, 202– 366–3771 MCSAP High Priority Grants—Cim Weiss, cim.weiss@dot.gov, 202–366– 0275 CMV Operator Safety Training Grants— Julie Otto, julie.otto@dot.gov, 202– 366–0710 PO 00000 Frm 00146 Fmt 4703 Sfmt 4703 CDLPI Grants—Brandon Poarch, brandon.poarch@dot.gov, 202–366– 3030 CDLIS Modernization Grants—Brandon Poarch, brandon.poarch@dot.gov, 202–366–3030 SaDIP Grants—Suzanne Cotty, suzanne.cotty@dot.gov, 202–493– 0304 PRISM Grants—Tom Lawler, tom.lawler@dot.gov, 202–366–3866 CVISN Grants—Jeff Secrist, jeff.secrist@dot.gov, 202–385–2367 All staff may be reached at FMCSA, 1200 New Jersey Avenue, SE., Washington, DC 20590. Office hours are from 8 a.m. to 4:30 p.m., EST, Monday through Friday, except Federal holidays. Issued on: October 7, 2008. William A. Quade, Associate Administrator for Enforcement and Program Delivery. Terry Shelton, Associate Administrator for Research and Information Technology. [FR Doc. E8–24697 Filed 10–16–08; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket ID FMCSA–2008–0292] 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 22 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 November 17, 2008. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA– 2008–0292 using any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting comments. • Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building DATES: E:\FR\FM\17OCN1.SGM 17OCN1 Federal Register / Vol. 73, No. 202 / Friday, October 17, 2008 / Notices Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Fax: 1–202–493–2251. Each submission must include the Agency name and the docket ID for this Notice. Note that DOT posts all comments received without change to http://www.regulations.gov, including any personal information included in a comment. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or comments, go to http:// www.regulations.gov at any time or Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The FDMS is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a selfaddressed, stamped envelope or postcard or print the acknowledgment page that appears after submitting comments on-line. Privacy Act: Anyone may search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or of the person signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review the DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19476). This information is also available at http://Docketsinfo.dot.gov. FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical Programs, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue, SE., Room W64– 224, Washington, DC 20590–0001. Office hours are from 8:30 a.m. to 5 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: sroberts on PROD1PC70 with NOTICES 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 22 individuals listed in this notice each have requested an VerDate Aug<31>2005 19:18 Oct 16, 2008 Jkt 217001 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 Timothy S. Ballard Mr. Ballard, age 49, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/20 and in the left, 20/150. Following an examination in 2008, his optometrist noted, ‘‘In my opinion, there is no reason to restrict Mr. Ballard from driving a commercial vehicle.’’ Mr. Ballard reported that he has driven straight trucks for 5 years, accumulating 250,000 miles. He holds a Class B Commercial Driver’s License (CDL) from North Carolina. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Paul W. Browning Mr. Browning, 55, has had retinal detachment in his right eye since 1996. The best corrected visual acuity in his right eye is hand motion vision and in the left, 20/20. Following an examination in 2008, his optometrist noted, ‘‘It is my medical opinion that Mr. Browning has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Browning reported that he has driven straight trucks for 12 years, accumulating 300,000 miles, tractortrailer combinations for 5 years, accumulating 150,000 miles, and buses for 5 years, accumulating 7,500 miles. He holds a Class A CDL from New Mexico. His driving record for the last 3 years shows no crashes and one conviction for a moving violation in a CMV. He changed lanes improperly. Timothy D. Carle Mr. Carle, 66, has loss of vision in his right eye due to a retinal detachment that occurred 20 years ago. The best corrected visual acuity in his right eye is light perception and in the left, 20/20. Following an examination in 2008, his optometrist noted, ‘‘I certify that, in my medical opinion, he has sufficient vision to perform the driving tasks required to operate a commercial vehicle safely.’’ Mr. Carle reported that he has driven straight trucks for 19 years, accumulating 446,348 miles. He holds a Class B CDL from Wisconsin. His driving record for the last 3 years PO 00000 Frm 00147 Fmt 4703 Sfmt 4703 61923 shows no crashes and no convictions for moving violations in a CMV. Ronald W. Garner Mr. Garner, 61, has optic neuropathy due to traumatic injury since 1993. The best corrected visual acuity in his right eye is 20/20 and in the left, 20/80. Following an examination in 2008, his ophthalmologist noted, ‘‘I feel Ron has sufficient vision to operate a commercial vehicle.’’ Mr. Garner reported that he has driven tractortrailer combinations for 43 years, accumulating 1.7 million miles. He holds a Class A CDL from Washington. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Paul A. Gregerson Mr. Gregerson, 71, has had age-related macular degeneration since 2004. The best corrected visual acuity in his right eye is 20/300 and in the left, 20/20. Following an examination in 2008, his optometrist noted, ‘‘He retains excellent central vision of his left eye and with the complete visual field of both eyes, it is my opinion that he is visually competent to operate a commercial vehicle.’’ Mr. Gregerson reported that he has driven tractor-trailer combinations for 45 years, accumulating 5.4 million miles. He holds a Class A CDL from Iowa. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Benjamin P. Hall Mr. Hall, 49, 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, 20/25. Following an examination in 2008, his ophthalmologist noted, ‘‘I can medically certify that Mr. Hall has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Hall reported that he has driven straight trucks for 20 years, accumulating 20,000 miles. He holds a Class A CDL from New York. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Frank L. Langston Mr. Langston, 70, 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 2008, his ophthalmologist noted, ‘‘In my opinion, his vision is sufficient to operate a commercial vehicle.’’ Mr. Langston reported that he has driven straight trucks for 5 years, accumulating 250,000 E:\FR\FM\17OCN1.SGM 17OCN1 61924 Federal Register / Vol. 73, No. 202 / Friday, October 17, 2008 / Notices miles, and tractor-trailer combinations for 40 years, accumulating 4 million 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. Bruce J. Lewis Mr. Lewis, 41, has had amblyopia in his left eye since birth. The best corrected visual acuity in his right eye is 20/15 and in the left, 20/400. Following an examination in 2008, his ophthalmologist noted, ‘‘In my medical opinion, Mr. Lewis has sufficient vision to operate a commercial vehicle.’’ Mr. Lewis reported that he has driven straight trucks for 19 years, accumulating 760,000 miles. He holds a Class 10 operator’s license from Rhode Island, which allows him to operate any motor vehicle except a motorcycle and a vehicle that weighs more than 26,000 pounds, carries 16 or more passengers or transports placarded amounts of hazardous materials. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. John L. Lolley Mr. Lolley, 40, has a prosthetic left eye due to a history of congenital cataract and glaucoma. The visual acuity in his right eye is 20/20. Following an examination in 2008, his ophthalmologist noted, ‘‘Mr. Lolley has adequate vision to operate a commercial vehicle.’’ Mr. Lolley reported that he has driven straight trucks for 9 years, accumulating 36,000 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 Kenny Y. Louie Mr. Louie, 40, 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, 20/200. Following an examination in 2008, his ophthalmologist noted, ‘‘From my evaluation, with both eyes, this patient has sufficient vision and a full visual field to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Louie reported that he has driven straight trucks for 17 years, accumulating 4,250 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. VerDate Aug<31>2005 19:18 Oct 16, 2008 Jkt 217001 Josue Maqueira Mr. Maqueira, 66, has complete loss of vision in his left eye due to optic atrophy. The best corrected visual acuity in his right eye is 20/20 and in the left, 20/400. Following an examination in 2008, his ophthalmologist noted, ‘‘I believe he is able to drive a commercial vehicle safely as a result of his excellent vision with glasses worn and his full visual field in the right eye, even though his left eye is legally blind.’’ Mr. Maqueira reported that he has driven straight trucks for 40 years, accumulating 4.8 million miles, and tractor-trailer combinations for 40 years, accumulating 4.8 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. Lido J. Martocchio Mr. Martocchio, 51, has loss of vision in his left eye due to a traumatic injury since childhood. The best corrected visual acuity in his right eye is 20/20 and in the left, hand motion vision. Following an examination in 2008 his optometrist noted, ‘‘Mr. Lido’s visual deficiency is currently stable. Although he is monocular, he does not need any corrective lenses to drive and he does have sufficient vision to perform the driving tasks required to operate a commercial vehicle in my professional opinion.’’ Mr. Martocchio reported that he has driven straight trucks for 21 years, accumulating 315,000 miles. He holds a Class B CDL from California. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Michael W. McCann Mr. McCann, 48, 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 2008, his optometrist noted, ‘‘Mr. McCann’s current ocular health and visual fields are excellent. His present visual status is sufficient to perform the driving tasks required to operate a commercial vehicle.’’ Mr. McCann reported that he has driven straight trucks for 13 years, accumulating 390,000 miles, tractortrailer combinations for 5 years, accumulating 650,000 miles, and buses for 18 years, accumulating 180,000 miles. He holds a Class A CDL from Virginia. His driving record for the last 3 years shows one crash, for which he was not cited, and one conviction for speeding in a CMV. He exceeded the speed limit by 19 mph. PO 00000 Frm 00148 Fmt 4703 Sfmt 4703 Duffy P. Metrejean, Jr. Mr. Metrejean, 54, 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 2008, his optometrist noted, ‘‘In my opinion, Mr. Metrejean has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Metrejean reported that he has driven tractor-trailer combinations for 25 years, accumulating 2 million miles. He holds a Class D operator’s license from Louisiana. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Hudson M. Osborne Mr. Osborne, 44, has complete loss of vision in his left eye due to ocular trauma sustained as a child. The best corrected visual acuity in his right eye is 20/20. Following an examination in 2008, his optometrist noted, ‘‘It is my medical opinion that Hudson Osborne has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Osborne reported that he has driven straight trucks for 5 years, accumulating 300,000 miles, and buses for 1 year, accumulating 15,000 miles. He holds a Class A CDL from Nevada. His driving record for the last 3 years shows one crash, for which he was cited, and no convictions for moving violations in a CMV. Stephen P. Preslopsky Mr. Preslopsky, 53, has loss of vision in his left eye due to a cataract. The best corrected visual acuity in his right eye is 20/20 and in the left, hand motion vision. Following an examination in 2008, his ophthalmologist noted, ‘‘It is my opinion that Mr. Preslopsky’s vision is sufficient to operate a commercial vehicle, however, this is only from a medical stand point.’’ Mr. Preslopsky reported that he has driven straight trucks for 9 years, accumulating 256,500 miles, and tractor–trailer combinations for 21 years, accumulating 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. Ross C. Rich Mr. Rich, 54, has a prosthetic right eye due to a traumatic injury. The best corrected visual acuity in his left eye is 20/20. Following an examination in 2008, his ophthalmologist noted, ‘‘In my medical opinion, Mr. Rich has sufficient vision in his left eye to perform the E:\FR\FM\17OCN1.SGM 17OCN1 Federal Register / Vol. 73, No. 202 / Friday, October 17, 2008 / Notices driving tasks required to operate a commercial vehicle.’’ Mr. Rich reported that he has driven straight trucks for 3 years, accumulating 156,000 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. Melinda V. Salas Ms. Salas, 47, has a prosthetic right eye due to traumatic injury since childhood. The best corrected visual acuity in her left eye is 20/20. Following an examination in 2008, her optometrist noted, ‘‘In my medical opinion, Melinda has sufficient vision to perform driving tasks required to operate a commercial vehicle.’’ Ms. Salas reported that she has driven straight trucks for 5 years, accumulating 27,000 miles. She holds a Class C operator’s license from California. Her driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. sroberts on PROD1PC70 with NOTICES Jayland R. Siebers Mr. Siebers, 52, has a prosthetic right eye due to meningioma of the optic nerve that occurred in 1993. The visual acuity in his left eye is 20/20. Following an examination in 2008, his optometrist noted, ‘‘I certify that he meets the visual requirements outlined to perform the driving tasks required to operate a commercial motor vehicle.’’ Mr. Siebers reported that he has driven tractor– trailer combinations for 32 years, accumulating 3.8 million miles. He holds a Class A CDL from Kansas. His driving record for the last 3 years shows no crashes and one conviction for speeding in a CMV. He exceeded the speed limit by 12 mph. Christopher G. Strand Mr. Strand, 37, has aphakia in his left eye due to a traumatic injury that occurred 20 years ago. The best corrected visual acuity in his right eye is 20/20 and in the left, 20/100. Following an examination in 2008, his optometrist noted, ‘‘In my opinion, Chris’s visual status and adaptation to it is sufficient for him to operate a commercial vehicle.’’ Mr. Strand reported that he has driven tractor– trailer combinations for 12 years, accumulating 1.3 million miles. He holds a Class A CDL from Wisconsin. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Michael J. Welle Mr. Welle, 52, has aphakia in his right eye due to a traumatic injury that he sustained as a child. The visual acuity VerDate Aug<31>2005 19:18 Oct 16, 2008 Jkt 217001 in his right eye is 20/400 and in the left, 20/20. Following an examination in 2008, his optometrist noted, ‘‘Mr. Welle has had this condition for 40 years and it has been stable and he has adapted very well, his peripheral vision and color vision are normal and in my professional opinion has more than adequate vision to operate a commercial vehicle.’’ Mr. Welle reported that he has driven tractor–trailer combinations for 24 years, accumulating 2.4 million 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. Patricia A. White Ms. White, 39, has had amblyopia in her right eye since birth. The best corrected visual acuity in her right eye is 20/400 and in the left, 20/20. Following an examination in 2008, her optometrist noted, ‘‘I feel that Ms. White has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Ms. White reported that she has driven buses for 14 years, accumulating 406,000 miles. She holds a Class D operator’s license from Illinois. Her 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 November 17, 2008. 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: October 9, 2008. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E8–24691 Filed 10–16–08; 8:45 am] BILLING CODE 4910–EX–P PO 00000 Frm 00149 Fmt 4703 Sfmt 4703 61925 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–00–8398; FMCSA–00– 7165; FMCSA–04–18885; FMCSA–04–17984; FMCSA–06–24783] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemptions; request for comments. AGENCY: SUMMARY: FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 26 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemption renewals will provide a level of safety that is equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers. This decision is effective October 27, 2008. Comments must be received on or before November 17, 2008. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA–00– 8398; FMCSA–00–7165; FMCSA–04– 18885; FMCSA–04–17984; FMCSA–06– 24783, using any of the following methods. • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting comments. • Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery or Courier: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. • Fax: 1–202–493–2251. Each submission must include the Agency name and the docket number for this Notice. Note that DOT posts all comments received without change to http://www.regulations.gov, including any personal information included in a comment. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or DATES: E:\FR\FM\17OCN1.SGM 17OCN1

Agencies

[Federal Register Volume 73, Number 202 (Friday, October 17, 2008)]
[Notices]
[Pages 61922-61925]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-24691]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket ID FMCSA-2008-0292]


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 22 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 November 17, 2008.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2008-0292 using any of the 
following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the on-line instructions for submitting 
comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., West Building

[[Page 61923]]

Ground Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket ID for 
this Notice. Note that DOT posts all comments received without change 
to http://www.regulations.gov, including any personal information 
included in a comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue, SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The FDMS 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 acknowledgment page that appears after submitting comments 
on-line.
    Privacy Act: Anyone may search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or of the person signing the comment, if 
submitted on behalf of an association, business, labor union, etc.). 
You may review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19476). This information is 
also available at http://Docketsinfo.dot.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical 
Programs, (202) 366-4001, fmcsamedical@dot.gov, FMCSA, Department of 
Transportation, 1200 New Jersey Avenue, SE., Room W64-224, 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 22 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

Timothy S. Ballard

    Mr. Ballard, age 49, has had amblyopia in his left eye since 
childhood. The visual acuity in his right eye is 20/20 and in the left, 
20/150. Following an examination in 2008, his optometrist noted, ``In 
my opinion, there is no reason to restrict Mr. Ballard from driving a 
commercial vehicle.'' Mr. Ballard reported that he has driven straight 
trucks for 5 years, accumulating 250,000 miles. He holds a Class B 
Commercial Driver's License (CDL) from North Carolina. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Paul W. Browning

    Mr. Browning, 55, has had retinal detachment in his right eye since 
1996. The best corrected visual acuity in his right eye is hand motion 
vision and in the left, 20/20. Following an examination in 2008, his 
optometrist noted, ``It is my medical opinion that Mr. Browning has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Browning reported that he has driven straight 
trucks for 12 years, accumulating 300,000 miles, tractor-trailer 
combinations for 5 years, accumulating 150,000 miles, and buses for 5 
years, accumulating 7,500 miles. He holds a Class A CDL from New 
Mexico. His driving record for the last 3 years shows no crashes and 
one conviction for a moving violation in a CMV. He changed lanes 
improperly.

Timothy D. Carle

    Mr. Carle, 66, has loss of vision in his right eye due to a retinal 
detachment that occurred 20 years ago. The best corrected visual acuity 
in his right eye is light perception and in the left, 20/20. Following 
an examination in 2008, his optometrist noted, ``I certify that, in my 
medical opinion, he has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle safely.'' Mr. Carle reported 
that he has driven straight trucks for 19 years, accumulating 446,348 
miles. He holds a Class B CDL from Wisconsin. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Ronald W. Garner

    Mr. Garner, 61, has optic neuropathy due to traumatic injury since 
1993. The best corrected visual acuity in his right eye is 20/20 and in 
the left, 20/80. Following an examination in 2008, his ophthalmologist 
noted, ``I feel Ron has sufficient vision to operate a commercial 
vehicle.'' Mr. Garner reported that he has driven tractor-trailer 
combinations for 43 years, accumulating 1.7 million miles. He holds a 
Class A CDL from Washington. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Paul A. Gregerson

    Mr. Gregerson, 71, has had age-related macular degeneration since 
2004. The best corrected visual acuity in his right eye is 20/300 and 
in the left, 20/20. Following an examination in 2008, his optometrist 
noted, ``He retains excellent central vision of his left eye and with 
the complete visual field of both eyes, it is my opinion that he is 
visually competent to operate a commercial vehicle.'' Mr. Gregerson 
reported that he has driven tractor-trailer combinations for 45 years, 
accumulating 5.4 million miles. He holds a Class A CDL from Iowa. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Benjamin P. Hall

    Mr. Hall, 49, 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, 20/25. Following an examination in 2008, his ophthalmologist 
noted, ``I can medically certify that Mr. Hall has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Hall reported that he has driven straight trucks for 20 years, 
accumulating 20,000 miles. He holds a Class A CDL from New York. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Frank L. Langston

    Mr. Langston, 70, 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 2008, his ophthalmologist 
noted, ``In my opinion, his vision is sufficient to operate a 
commercial vehicle.'' Mr. Langston reported that he has driven straight 
trucks for 5 years, accumulating 250,000

[[Page 61924]]

miles, and tractor-trailer combinations for 40 years, accumulating 4 
million 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.

Bruce J. Lewis

    Mr. Lewis, 41, has had amblyopia in his left eye since birth. The 
best corrected visual acuity in his right eye is 20/15 and in the left, 
20/400. Following an examination in 2008, his ophthalmologist noted, 
``In my medical opinion, Mr. Lewis has sufficient vision to operate a 
commercial vehicle.'' Mr. Lewis reported that he has driven straight 
trucks for 19 years, accumulating 760,000 miles. He holds a Class 10 
operator's license from Rhode Island, which allows him to operate any 
motor vehicle except a motorcycle and a vehicle that weighs more than 
26,000 pounds, carries 16 or more passengers or transports placarded 
amounts of hazardous materials. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

John L. Lolley

    Mr. Lolley, 40, has a prosthetic left eye due to a history of 
congenital cataract and glaucoma. The visual acuity in his right eye is 
20/20. Following an examination in 2008, his ophthalmologist noted, 
``Mr. Lolley has adequate vision to operate a commercial vehicle.'' Mr. 
Lolley reported that he has driven straight trucks for 9 years, 
accumulating 36,000 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.

Kenny Y. Louie

    Mr. Louie, 40, 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, 20/200. Following an examination in 2008, his ophthalmologist 
noted, ``From my evaluation, with both eyes, this patient has 
sufficient vision and a full visual field to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Louie reported that he 
has driven straight trucks for 17 years, accumulating 4,250 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.

Josue Maqueira

    Mr. Maqueira, 66, has complete loss of vision in his left eye due 
to optic atrophy. The best corrected visual acuity in his right eye is 
20/20 and in the left, 20/400. Following an examination in 2008, his 
ophthalmologist noted, ``I believe he is able to drive a commercial 
vehicle safely as a result of his excellent vision with glasses worn 
and his full visual field in the right eye, even though his left eye is 
legally blind.'' Mr. Maqueira reported that he has driven straight 
trucks for 40 years, accumulating 4.8 million miles, and tractor-
trailer combinations for 40 years, accumulating 4.8 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.

Lido J. Martocchio

    Mr. Martocchio, 51, has loss of vision in his left eye due to a 
traumatic injury since childhood. The best corrected visual acuity in 
his right eye is 20/20 and in the left, hand motion vision. Following 
an examination in 2008 his optometrist noted, ``Mr. Lido's visual 
deficiency is currently stable. Although he is monocular, he does not 
need any corrective lenses to drive and he does have sufficient vision 
to perform the driving tasks required to operate a commercial vehicle 
in my professional opinion.'' Mr. Martocchio reported that he has 
driven straight trucks for 21 years, accumulating 315,000 miles. He 
holds a Class B CDL from California. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Michael W. McCann

    Mr. McCann, 48, 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 2008, his optometrist noted, 
``Mr. McCann's current ocular health and visual fields are excellent. 
His present visual status is sufficient to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. McCann reported that he 
has driven straight trucks for 13 years, accumulating 390,000 miles, 
tractor-trailer combinations for 5 years, accumulating 650,000 miles, 
and buses for 18 years, accumulating 180,000 miles. He holds a Class A 
CDL from Virginia. His driving record for the last 3 years shows one 
crash, for which he was not cited, and one conviction for speeding in a 
CMV. He exceeded the speed limit by 19 mph.

Duffy P. Metrejean, Jr.

    Mr. Metrejean, 54, 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 2008, his optometrist noted, 
``In my opinion, Mr. Metrejean has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Metrejean 
reported that he has driven tractor-trailer combinations for 25 years, 
accumulating 2 million miles. He holds a Class D operator's license 
from Louisiana. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Hudson M. Osborne

    Mr. Osborne, 44, has complete loss of vision in his left eye due to 
ocular trauma sustained as a child. The best corrected visual acuity in 
his right eye is 20/20. Following an examination in 2008, his 
optometrist noted, ``It is my medical opinion that Hudson Osborne has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Osborne reported that he has driven straight 
trucks for 5 years, accumulating 300,000 miles, and buses for 1 year, 
accumulating 15,000 miles. He holds a Class A CDL from Nevada. His 
driving record for the last 3 years shows one crash, for which he was 
cited, and no convictions for moving violations in a CMV.

Stephen P. Preslopsky

    Mr. Preslopsky, 53, has loss of vision in his left eye due to a 
cataract. The best corrected visual acuity in his right eye is 20/20 
and in the left, hand motion vision. Following an examination in 2008, 
his ophthalmologist noted, ``It is my opinion that Mr. Preslopsky's 
vision is sufficient to operate a commercial vehicle, however, this is 
only from a medical stand point.'' Mr. Preslopsky reported that he has 
driven straight trucks for 9 years, accumulating 256,500 miles, and 
tractor-trailer combinations for 21 years, accumulating 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.

Ross C. Rich

    Mr. Rich, 54, has a prosthetic right eye due to a traumatic injury. 
The best corrected visual acuity in his left eye is 20/20. Following an 
examination in 2008, his ophthalmologist noted, ``In my medical 
opinion, Mr. Rich has sufficient vision in his left eye to perform the

[[Page 61925]]

driving tasks required to operate a commercial vehicle.'' Mr. Rich 
reported that he has driven straight trucks for 3 years, accumulating 
156,000 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.

Melinda V. Salas

    Ms. Salas, 47, has a prosthetic right eye due to traumatic injury 
since childhood. The best corrected visual acuity in her left eye is 
20/20. Following an examination in 2008, her optometrist noted, ``In my 
medical opinion, Melinda has sufficient vision to perform driving tasks 
required to operate a commercial vehicle.'' Ms. Salas reported that she 
has driven straight trucks for 5 years, accumulating 27,000 miles. She 
holds a Class C operator's license from California. Her driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Jayland R. Siebers

    Mr. Siebers, 52, has a prosthetic right eye due to meningioma of 
the optic nerve that occurred in 1993. The visual acuity in his left 
eye is 20/20. Following an examination in 2008, his optometrist noted, 
``I certify that he meets the visual requirements outlined to perform 
the driving tasks required to operate a commercial motor vehicle.'' Mr. 
Siebers reported that he has driven tractor-trailer combinations for 32 
years, accumulating 3.8 million miles. He holds a Class A CDL from 
Kansas. His driving record for the last 3 years shows no crashes and 
one conviction for speeding in a CMV. He exceeded the speed limit by 12 
mph.

Christopher G. Strand

    Mr. Strand, 37, has aphakia in his left eye due to a traumatic 
injury that occurred 20 years ago. The best corrected visual acuity in 
his right eye is 20/20 and in the left, 20/100. Following an 
examination in 2008, his optometrist noted, ``In my opinion, Chris's 
visual status and adaptation to it is sufficient for him to operate a 
commercial vehicle.'' Mr. Strand reported that he has driven tractor-
trailer combinations for 12 years, accumulating 1.3 million miles. He 
holds a Class A CDL from Wisconsin. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Michael J. Welle

    Mr. Welle, 52, has aphakia in his right eye due to a traumatic 
injury that he sustained as a child. The visual acuity in his right eye 
is 20/400 and in the left, 20/20. Following an examination in 2008, his 
optometrist noted, ``Mr. Welle has had this condition for 40 years and 
it has been stable and he has adapted very well, his peripheral vision 
and color vision are normal and in my professional opinion has more 
than adequate vision to operate a commercial vehicle.'' Mr. Welle 
reported that he has driven tractor-trailer combinations for 24 years, 
accumulating 2.4 million 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.

Patricia A. White

    Ms. White, 39, has had amblyopia in her right eye since birth. The 
best corrected visual acuity in her right eye is 20/400 and in the 
left, 20/20. Following an examination in 2008, her optometrist noted, 
``I feel that Ms. White has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Ms. White reported 
that she has driven buses for 14 years, accumulating 406,000 miles. She 
holds a Class D operator's license from Illinois. Her 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 November 17, 2008. 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: October 9, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E8-24691 Filed 10-16-08; 8:45 am]
BILLING CODE 4910-EX-P