Qualification of Drivers; Exemption Applications; Vision, 75803-75806 [E8-29415]
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Federal Register / Vol. 73, No. 240 / Friday, December 12, 2008 / Notices
he does not have diabetic retinopathy.
He holds a Class A CDL from Maine.
Danny J. Watson
Mr. Watson, 45, has had ITDM since
1978. His endocrinologist examined him
in 2008 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Watson meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2008 and certified that
he does not have diabetic retinopathy.
He holds a Class D operator’s license
from Kentucky.
jlentini on PROD1PC65 with NOTICES
Eric W. Williams
Mr. Williams, 52, has had ITDM since
2005. His endocrinologist examined him
in 2008 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Williams meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2008 and certified that
he does not have diabetic retinopathy.
He holds a Class C operator’s license
from Maryland.
Russell A. Williams
Mr. Williams, 62, has had ITDM since
2005. His endocrinologist examined him
in 2008 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Williams meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2008
and certified that he has stable
proliferative diabetic retinopathy. He
holds a Class A CDL from Wisconsin.
Kimberly A. Woehrman
Ms. Woehrman, 44, has had ITDM
since 2001. Her endocrinologist
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17:56 Dec 11, 2008
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examined her in 2008 and certified that
she has had no hypoglycemic reactions
resulting in loss of consciousness,
requiring the assistance of another
person, or resulting in impaired
cognitive function that occurred without
warning in the past 5 years; understands
diabetes management and monitoring;
and has stable control of her diabetes
using insulin, and is able to drive a
CMV safely. Ms. Woehrman meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). Her
ophthalmologist examined her in 2008
and certified that she does not have
diabetic retinopathy. She holds a Class
A CDL from Kansas.
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. We will consider all
comments received before the close of
business on the closing date indicated
in the date section of the Notice.
FMCSA notes that Section 4129 of the
Safe, Accountable, Flexible and
Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA–LU)
requires the Secretary to revise its
diabetes exemption program established
on September 3, 2003 (68 FR 52441).1
The revision must provide for
individual assessment of drivers with
diabetes mellitus, and be consistent
with the criteria described in section
4018 of the Transportation Equity Act
for the 21st Century (49 U.S.C. 31305).
Section 4129 requires: (1) the
elimination of the requirement for three
years of experience operating CMVs
while being treated with insulin; and (2)
the establishment of a specified
minimum period of insulin use to
demonstrate stable control of diabetes
before being allowed to operate a CMV.
In response to section 4129, FMCSA
made immediate revisions to the
diabetes exemption program established
by the September 3, 2003 Notice.
FMCSA discontinued use of the 3-year
driving experience and fulfilled the
requirements of section 4129 while
continuing to ensure that operation of
CMVs by drivers with ITDM will
achieve the requisite level of safety
required of all exemptions granted
under 49 USC. 31136 (e).
Section 4129(d) also directed FMCSA
to ensure that drivers of CMVs with
ITDM are not held to a higher standard
than other drivers, with the exception of
1 Section 4129(a) refers to the 2003 Notice as a
‘‘final rule.’’ However, the 2003 Notice did not issue
a ‘‘final rule’’ but did establish the procedures and
standards for issuing exemptions for drivers with
ITDM.
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75803
limited operating, monitoring and
medical requirements that are deemed
medically necessary. FMCSA concluded
that all of the operating, monitoring and
medical requirements set out in the
September 3, 2003 Notice, except as
modified, were in compliance with
section 4129(d). Therefore, all of the
requirements set out in the September 3,
2003 Notice, except as modified by the
Notice in the Federal Register on
November 8, 2005 (70 FR 67777),
remain in effect.
Issued on: December 5, 2008.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. E8–29418 Filed 12–11–08; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket ID FMCSA–2008–0340]
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 24 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 January 12, 2009.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket ID FMCSA–
2008–0340 using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://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: 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.
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Each submission must include the
Agency name and the docket ID for this
Notice. Note that DOT posts all
comments received without change to
https://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 https://
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 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 19476). This information is also
available at https://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:
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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 24 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.
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Qualifications of Applicants
Bryant M. Adams
Mr. Adams, age 43, 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 eye, 20/200. Following an
examination in 2008, his optometrist
noted, ‘‘I certify that in my medical
opinion, Bryant Adams has sufficient
vision to perform the driving tasks
required to operate a commercial
vehicle.’’ Mr. Adams reported that he
has driven straight trucks for 131⁄2 years,
accumulating 120,150 miles. He holds a
Class C operator’s license from
California. His driving record for the last
3 years shows no crashes and two
convictions for moving violations in a
CMV, failure to obey traffic signals.
Ricky J. Childress
Mr. Childress, 60, has complete loss
of vision in his right eye due to retinal
detachment since 2001. The best
corrected visual acuity in his left eye is
20/30. Following an examination in
2008, his ophthalmologist noted, ‘‘In my
opinion, Mr. Childress has sufficient
vision to perform driving tasks required
to operate a commercial vehicle, based
on how he has performed and
functioned exceedingly well in his field
despite vision.’’ Mr. Childress reported
that he has driven straight trucks for 10
years, accumulating 437,500 miles, and
tractor-trailer combinations for 15 years,
accumulating 2.3 million miles. He
holds a Class D operator’s license from
Alabama. His driving record for the last
3 years shows one crash, and no
convictions for moving violations in a
CMV.
Thomas A. Crowell
Mr. Crowell, 50, has a ruptured globe
in his right eye due to a traumatic injury
sustained as a child. The best corrected
visual acuity in his right eye is 20/400
and in the left, 20/20. Following an
examination in 2008, his
ophthalmologist noted, ‘‘I certify that
Thomas Crowell has sufficient vision to
perform driving tasks required to
operate a commercial vehicle.’’ Mr.
Crowell reported that he has driven
straight trucks for 2 years, accumulating
60,000 miles, and tractor-trailer
combinations for 4 years, accumulating
495,496 miles. He holds a Class A
Commercial Driver’s License (CDL) from
North Carolina. His driving record for
the last 3 years shows one crash, for
which he was not cited, and one
conviction for a moving violation in a
CMV: failure to obey a traffic sign.
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Henry L. Decker
Mr. Decker, 58, has had refractive
amblyopia in his left eye since birth.
The best corrected visual acuity in his
right eye is 20/20 and in the left, 20/200.
Following an examination in 2008, his
ophthalmologist noted, ‘‘In my opinion,
Mr. Decker has sufficient vision to
perform the driving tasks to operate a
commercial vehicle.’’ Mr. Decker
reported that he has driven straight
trucks for 40 years, accumulating
600,000 miles, tractor-trailer
combinations for 7 years, accumulating
59,500 miles, and buses for 6 months,
accumulating 1,800 miles. He holds a
Class B CDL from Pennsylvania. His
driving record for the last 3 years shows
no crashes and no convictions for
moving violations in a CMV.
Thomas E. Dewitt, Jr.
Mr. Dewitt, 47, has had amblyopia in
his right eye since birth. The best
corrected visual acuity in his right eye
is 20/50 and in the left, 20/20.
Following an examination in 2008, his
optometrist noted, ‘‘In my medical
opinion, applicant has sufficient vision
to perform driving tasks required to
operate a commercial vehicle.’’ Mr.
Dewitt reported that he has driven
straight trucks for 12 years,
accumulating 156,000 miles. He holds a
Class A CDL from Ohio. His driving
record for the last 3 years shows no
crashes and no convictions for moving
violations in a CMV.
David L. Dykman
Mr. Dykman, 48, has complete loss of
vision in his right eye due traumatic
injury that occurred in 2002. The visual
acuity in the left eye is 20/20. Following
an examination in 2008, his
ophthalmologist noted, ‘‘It is my
medical opinion that David has
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Dykman reported that he
has driven straight trucks for 191⁄2 years,
accumulating 163,800 miles, and
tractor-trailer combinations for 61⁄2
years, accumulating 45,825 miles. He
holds a Class B CDL from Idaho. His
driving record for the last 3 years shows
no crashes and no convictions for
moving violations in a CMV.
Milan D. Frasier
Mr. Frasier, 58, has loss of vision in
his right eye due to retinal detachment
that occurred in 2004. 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 ophthalmologist noted, ‘‘It is
my medical opinion that Mr. Fraiser has
sufficient vision to drive a commercial
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vehicle.’’ Mr. Frasier reported that he
has driven tractor-trailer combinations
for 30 years, accumulating 514,500
miles. He holds a Class A CDL from
Idaho. His driving record for the last 3
years shows no crashes and no
convictions for moving violations in a
CMV.
Wilfred J. Gagnon
Mr. Gagnon, 72, has complete loss of
vision in his right eye due to a traumatic
injury that occurred in 2000. The visual
acuity in his left eye is 20/20. Following
an examination in 2008, his optometrist
noted, ‘‘In my medical opinion, I believe
Mr. Gagnon’s vision in his left eye is
sufficient to operate a commercial
vehicle without glasses.’’ Mr. Gagnon
reported that he has driven straight
trucks for 54 years, accumulating 1.9
million miles, and tractor-trailer
combinations for 30 years, accumulating
1.1 million miles. He holds a Class A
CDL from Vermont. His driving record
for the last 3 years shows no crashes and
no convictions for moving violations in
a CMV.
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Grady O. Gilliland
Mr. Gilliland, 82, has loss of vision in
his right eye due to optic nerve
hypoplasia since birth. The best
corrected visual acuity in his right eye
is 20/400 and in the left, 20/30.
Following an examination in 2008, his
ophthalmologist noted, ‘‘I feel that he
has sufficient vision to perform driving
tasks required to operate commercial
vehicles knowing that his right eye has
always been a poor vision eye all this
life.’’ Mr. Gilliland reported that he has
driven straight trucks for 64 years,
accumulating 320,000 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.
Harold J. Haier
Mr. Haier, 42, has had amblyopia
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 optometrist
noted, ‘‘It is my opinion that Mr. Haier
has sufficient vision to operate a
commercial vehicle.’’ Mr. Haier reported
that he has driven straight trucks for 24
years, accumulating 432,000 miles,
tractor-trailer combinations for less than
1 year, accumulating 800 miles, and
buses for less than 1 year, accumulating
4,000 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.
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17:56 Dec 11, 2008
Jkt 217001
Crayton Jones, Jr.
Mr. Jones, 72, has complete loss of
vision in his right eye due to a traumatic
injury since childhood. The best
corrected visual acuity in his left eye is
20/20. Following an examination in
2008, his ophthalmologist noted, ‘‘I
certify that in my medical opinion, he
has sufficient vision to perform the
driving tasks required to operate a
commercial vehicle.’’ Mr. Jones reported
that he has driven straight trucks for 6
years, accumulating 150,000 miles,
tractor-trailer combinations for 6 years,
accumulating 150,000 miles, and buses
for 1 year, accumulating 1,000 miles. He
holds a Class R operator’s license from
Colorado, which allows him to drive
any motor vehicle with a gross weight
of less than 26,001 pounds. His driving
record for the last 3 years shows no
crashes and no convictions for moving
violations in a CMV.
Timonthy L. Kelly
Mr. Kelly, 44, has complete loss of
vision in his right eye due to a traumatic
injury sustained in 1984. The visual
acuity in his left eye is 20/20. Following
an examination in 2008, his optometrist
noted, ‘‘In my medical opinion, Tim has
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Kelly reported that he has
driven tractor-trailer combinations for 8
years, accumulating 560,000 miles. He
holds a Class A CDL from Texas. His
driving record for the last 3 years shows
no crashes and no convictions for
moving violations in a CMV.
Lewis A. Kielhack
Mr. Kielhack, 35, has a macular scar
that caused loss of vision in his right
eye due to a traumatic injury sustained
in 1990. The best corrected visual acuity
in his right eye is 20/400 and in the left
eye, 20/20. Following an examination in
2008, his optometrist noted, ‘‘In my
opinion, Mr. Kielhack has sufficient
vision to perform the driving tasks
required to operate a commercial
vehicle. His vision has been stable for
over 18 years, and there is no indication
that his vision will change.’’ Mr.
Kielhack reported that he has driven
straight trucks for 14 years,
accumulating 655,200 miles, and
tractor-trailer combinations for 8 years,
accumulating 24,000 miles. He holds a
Class A CDL from Illinois. His driving
record for the last 3 years shows no
crashes and no convictions for moving
violations in a CMV.
David Lancaster
Mr. Lancaster, 44, has loss of vision
in his left eye due to a central scotoma
that occurred as a result of a traumatic
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75805
injury sustained in 1990. The visual
acuity in his right eye is 20/15 and in
the left eye, 20/400. Following an
examination in 2008, his optometrist
noted, ‘‘It is my medical/optometric
opinion that David Lancaster has
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Lancaster reported that he
has driven straight trucks for 20 years,
accumulating 800,000 miles. He holds a
Class O operator’s license from
Nebraska. Class O operator’s license
allows him to drive any non-commercial
vehicle except motorcycles. His driving
record for the last 3 years shows no
crashes and no convictions for moving
violations in a CMV.
Brian M. Madaya
Mr. Madaya, 48, has a retinal
detachment in his right eye since 2004.
The best corrected visual acuity in his
right eye is 20/400 and in the left eye,
20/20. Following an examination in
2008, his optometrist noted, ‘‘Based on
his very stable findings over the last
several years, I am confident that his
vision is completely in line with the
Department of Transportation
guidelines for operation of commercial
motor vehicles.’’ Mr. Madaya reported
that he has driven straight trucks for 20
years, accumulating 620,000 miles and
tractor-trailer combinations for 71⁄2
years, accumulating 525,000 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.
Joe A. McIlroy
Mr. McIlroy, 49, has a prosthetic left
eye due to a traumatic injury sustained
in 1988. The best corrected visual acuity
in his right eye is 20/15. Following an
examination in 2008, his
ophthalmologist noted, ‘‘In my opinion,
Mr. McIlroy has sufficient vision to
perform the driving tasks to operate a
commercial vehicle.’’ Mr. McIlroy
reported that he has driven straight
trucks for 28 years, accumulating 56,000
miles, and tractor-trailer combinations
for 7 years, accumulating 280,000 miles.
He holds a Class A CDL from New York.
His driving record for the last 3 years
shows no crashes and two convictions
for moving violations in a CMV, failure
to obey traffic signals.
Harry J. McSuley, Jr.
Mr. McSuley, 71, has loss of vision in
his left eye due to retinal vein occlusion
that occurred in 1998. The best
corrected visual acuity in the right eye
is 20/20 and in the left eye, 20/200.
Following an examination in 2008, his
ophthalmologist noted, ‘‘In my
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professional medical opinion, I feel
Harry McSuley has sufficient vision to
perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
McSuley reported that he has driven
straight trucks for 55 years,
accumulating 1,650,000 miles, and
tractor-trailer combinations for 53 years,
accumulating 3,445,000 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.
Robert S. Metcalf
Mr. Metcalf, 57, has had amblyopia in
his left eye since birth. The visual acuity
in his right eye is 20/20 and in the left,
20/300. Following an examination in
2008, his optometrist noted, ‘‘Aside
from needing glasses for reading, Mr.
Metcalf should have not problems
driving a commercial vehicle without
correction.’’ Mr. Metcalf reported that
he has driven straight trucks for 31
years, accumulating 620,000 miles, and
tractor-trailer combinations for 28 years,
accumulating 1.7 million 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.
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Elmer R. Miller
Mr. Miller, 64, has complete loss of
vision in his left eye due to a traumatic
injury sustained in 1986. The best
corrected visual acuity in his right eye
is 20/30. Following an examination in
2008, his ophthalmologist noted, ‘‘I
certify that, in my medical opinion, he
has sufficient vision to perform the
driving tasks required to operate a
commercial vehicle.’’ Mr. Miller
reported that he has driven straight
trucks for 47 years, accumulating
564,000 miles. He holds a Class C
operator’s license from Illinois. His
driving record for the last 3 years shows
no crashes and no convictions for
moving violations in a CMV.
Richard L. Moreland
Mr. Moreland, 49, has complete loss
of vision in his right eye due to a
traumatic injury sustained in 1966. The
visual acuity in his left eye is 20/20.
Following an examination in 2008, his
optometrist noted, ‘‘Based on these
findings, I feel Richard L. Moreland has
the visual abilities to safely continue to
operate a commercial motor vehicle in
interstate commerce because his visual
loss has been present since 1966.’’ Mr.
Miller reported that he has driven
straight trucks for 23 years,
accumulating 230,000 miles. He holds a
Class A CDL from Missouri. His driving
record for the last 3 years shows no
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17:56 Dec 11, 2008
Jkt 217001
crashes and no convictions for moving
violations in a CMV.
Stanley J. Morris
Mr. Morris, 46, has complete 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. Following an examination in
2008, his optometrist noted, ‘‘I certify
that, in my medical opinion, the
applicant’s visual deficiency is stable
and has sufficient vision to perform the
driving tasks required to operate a
commercial motor vehicle, and that the
applicant’s condition will not adversely
affect his ability to operate a commercial
motor vehicle safely.’’ Mr. Morris
reported that he has driven straight
trucks for 11 years, accumulating
264,000 miles, and tractor-trailer
combinations for 6 years, accumulating
399,000 million 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.
Barbara C. Pennington
Ms. Pennington, 45, has a prosthetic
right eye due to enucleation following a
traumatic injury in 1991. The best
corrected visual acuity in her left eye is
20/20. Following an examination in
2008, her ophthalmologist noted, ‘‘The
vision is stable in her left eye and Ms.
Pennington is able to operate a
commercial motor vehicle from an
ocular standpoint.’’ Ms. Pennington
reported that she has driven straight
trucks for 1 year, accumulating 50,000
miles, and tractor-trailer combinations
for 15 years, accumulating 1.5 million
miles. She holds a Class A CDL from
Florida. Her driving record for the last
3 years shows no crashes and no
convictions for moving violations in a
CMV.
Ronald M. Scott
Mr. Scott, 52, has loss of vision in his
right eye due to a traumatic injury that
occurred in 1984. The visual acuity in
his right eye is count fingers and in the
left eye, 20/15. Following an
examination in 2008, his optometrist
noted, ‘‘I feel that Mr. Scott has more
than sufficient vision in his left eye to
perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
Scott reported that he has driven
straight trucks for 30 years,
accumulating 2.6 million miles, and
tractor-trailer combinations for 30 years,
accumulating 3 million miles. He holds
a Class A CDL from Indiana. His driving
record for the last 3 years shows no
crashes and no convictions for moving
violations in a CMV.
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Sfmt 4703
Jeremichael Steele
Mr. Steele, 41, has loss of vision in his
left eye due to a retinal scar sustained
from a traumatic injury as a child. The
best corrected visual acuity in his right
eye is 20/20. Following an examination
in 2008, his optometrist noted, ‘‘In my
medical opinion, Mr. Steele has
sufficient vision to perform the driving
tasks to operate a commercial vehicle.’’
Mr. Steele reported that he has driven
tractor-trailer combinations for 6 years,
accumulating 240,000 miles, and buses
for 7 years, accumulating 63,000 miles.
He holds a Class A CDL from North
Carolina. His driving record for the last
3 years shows no crashes, and one
conviction for a moving violation in a
CMV; he changed lanes improperly.
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 January 12, 2009. 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: December 5, 2008.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. E8–29415 Filed 12–11–08; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–00–7006; FMCSA–00–
7363; FMCSA–01–10570; FMCSA–02–12294;
FMCSA–04–18885; FMCSA–06–24783]
Qualification of Drivers; Exemption
Applications; Vision
AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of renewal of
exemptions; request for comments.
SUMMARY: FMCSA announces its
decision to renew the exemptions from
the vision requirement in the Federal
E:\FR\FM\12DEN1.SGM
12DEN1
Agencies
[Federal Register Volume 73, Number 240 (Friday, December 12, 2008)]
[Notices]
[Pages 75803-75806]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29415]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket ID FMCSA-2008-0340]
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 24 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 January 12, 2009.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2008-0340 using any of the
following methods:
Federal eRulemaking Portal: Go to https://
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: 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.
[[Page 75804]]
Each submission must include the Agency name and the docket ID for
this Notice. Note that DOT posts all comments received without change
to https://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 https://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 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 19476). This information is
also available at https://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 24 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
Bryant M. Adams
Mr. Adams, age 43, 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 eye, 20/200. Following an examination in 2008, his
optometrist noted, ``I certify that in my medical opinion, Bryant Adams
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Adams reported that he has driven straight
trucks for 13\1/2\ years, accumulating 120,150 miles. He holds a Class
C operator's license from California. His driving record for the last 3
years shows no crashes and two convictions for moving violations in a
CMV, failure to obey traffic signals.
Ricky J. Childress
Mr. Childress, 60, has complete loss of vision in his right eye due
to retinal detachment since 2001. The best corrected visual acuity in
his left eye is 20/30. Following an examination in 2008, his
ophthalmologist noted, ``In my opinion, Mr. Childress has sufficient
vision to perform driving tasks required to operate a commercial
vehicle, based on how he has performed and functioned exceedingly well
in his field despite vision.'' Mr. Childress reported that he has
driven straight trucks for 10 years, accumulating 437,500 miles, and
tractor-trailer combinations for 15 years, accumulating 2.3 million
miles. He holds a Class D operator's license from Alabama. His driving
record for the last 3 years shows one crash, and no convictions for
moving violations in a CMV.
Thomas A. Crowell
Mr. Crowell, 50, has a ruptured globe in his right eye due to a
traumatic injury sustained as a child. The best corrected visual acuity
in his right eye is 20/400 and in the left, 20/20. Following an
examination in 2008, his ophthalmologist noted, ``I certify that Thomas
Crowell has sufficient vision to perform driving tasks required to
operate a commercial vehicle.'' Mr. Crowell reported that he has driven
straight trucks for 2 years, accumulating 60,000 miles, and tractor-
trailer combinations for 4 years, accumulating 495,496 miles. He holds
a Class A Commercial Driver's License (CDL) from North Carolina. His
driving record for the last 3 years shows one crash, for which he was
not cited, and one conviction for a moving violation in a CMV: failure
to obey a traffic sign.
Henry L. Decker
Mr. Decker, 58, has had refractive amblyopia in his left eye since
birth. The best corrected visual acuity in his right eye is 20/20 and
in the left, 20/200. Following an examination in 2008, his
ophthalmologist noted, ``In my opinion, Mr. Decker has sufficient
vision to perform the driving tasks to operate a commercial vehicle.''
Mr. Decker reported that he has driven straight trucks for 40 years,
accumulating 600,000 miles, tractor-trailer combinations for 7 years,
accumulating 59,500 miles, and buses for 6 months, accumulating 1,800
miles. He holds a Class B CDL from Pennsylvania. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Thomas E. Dewitt, Jr.
Mr. Dewitt, 47, has had amblyopia in his right eye since birth. The
best corrected visual acuity in his right eye is 20/50 and in the left,
20/20. Following an examination in 2008, his optometrist noted, ``In my
medical opinion, applicant has sufficient vision to perform driving
tasks required to operate a commercial vehicle.'' Mr. Dewitt reported
that he has driven straight trucks for 12 years, accumulating 156,000
miles. He holds a Class A CDL from Ohio. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
David L. Dykman
Mr. Dykman, 48, has complete loss of vision in his right eye due
traumatic injury that occurred in 2002. The visual acuity in the left
eye is 20/20. Following an examination in 2008, his ophthalmologist
noted, ``It is my medical opinion that David has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Dykman reported that he has driven straight trucks for 19\1/2\
years, accumulating 163,800 miles, and tractor-trailer combinations for
6\1/2\ years, accumulating 45,825 miles. He holds a Class B CDL from
Idaho. His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Milan D. Frasier
Mr. Frasier, 58, has loss of vision in his right eye due to retinal
detachment that occurred in 2004. 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 ophthalmologist noted, ``It is my medical
opinion that Mr. Fraiser has sufficient vision to drive a commercial
[[Page 75805]]
vehicle.'' Mr. Frasier reported that he has driven tractor-trailer
combinations for 30 years, accumulating 514,500 miles. He holds a Class
A CDL from Idaho. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Wilfred J. Gagnon
Mr. Gagnon, 72, has complete loss of vision in his right eye due to
a traumatic injury that occurred in 2000. The visual acuity in his left
eye is 20/20. Following an examination in 2008, his optometrist noted,
``In my medical opinion, I believe Mr. Gagnon's vision in his left eye
is sufficient to operate a commercial vehicle without glasses.'' Mr.
Gagnon reported that he has driven straight trucks for 54 years,
accumulating 1.9 million miles, and tractor-trailer combinations for 30
years, accumulating 1.1 million miles. He holds a Class A CDL from
Vermont. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Grady O. Gilliland
Mr. Gilliland, 82, has loss of vision in his right eye due to optic
nerve hypoplasia since birth. The best corrected visual acuity in his
right eye is 20/400 and in the left, 20/30. Following an examination in
2008, his ophthalmologist noted, ``I feel that he has sufficient vision
to perform driving tasks required to operate commercial vehicles
knowing that his right eye has always been a poor vision eye all this
life.'' Mr. Gilliland reported that he has driven straight trucks for
64 years, accumulating 320,000 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.
Harold J. Haier
Mr. Haier, 42, has had amblyopia 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 optometrist noted, ``It is my
opinion that Mr. Haier has sufficient vision to operate a commercial
vehicle.'' Mr. Haier reported that he has driven straight trucks for 24
years, accumulating 432,000 miles, tractor-trailer combinations for
less than 1 year, accumulating 800 miles, and buses for less than 1
year, accumulating 4,000 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.
Crayton Jones, Jr.
Mr. Jones, 72, has complete loss of vision in his right eye due to
a traumatic injury since childhood. The best corrected visual acuity in
his left eye is 20/20. Following an examination in 2008, his
ophthalmologist noted, ``I certify that in my medical opinion, he has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Jones reported that he has driven straight
trucks for 6 years, accumulating 150,000 miles, tractor-trailer
combinations for 6 years, accumulating 150,000 miles, and buses for 1
year, accumulating 1,000 miles. He holds a Class R operator's license
from Colorado, which allows him to drive any motor vehicle with a gross
weight of less than 26,001 pounds. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Timonthy L. Kelly
Mr. Kelly, 44, has complete loss of vision in his right eye due to
a traumatic injury sustained in 1984. The visual acuity in his left eye
is 20/20. Following an examination in 2008, his optometrist noted, ``In
my medical opinion, Tim has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Kelly reported
that he has driven tractor-trailer combinations for 8 years,
accumulating 560,000 miles. He holds a Class A CDL from Texas. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Lewis A. Kielhack
Mr. Kielhack, 35, has a macular scar that caused loss of vision in
his right eye due to a traumatic injury sustained in 1990. The best
corrected visual acuity in his right eye is 20/400 and in the left eye,
20/20. Following an examination in 2008, his optometrist noted, ``In my
opinion, Mr. Kielhack has sufficient vision to perform the driving
tasks required to operate a commercial vehicle. His vision has been
stable for over 18 years, and there is no indication that his vision
will change.'' Mr. Kielhack reported that he has driven straight trucks
for 14 years, accumulating 655,200 miles, and tractor-trailer
combinations for 8 years, accumulating 24,000 miles. He holds a Class A
CDL from Illinois. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
David Lancaster
Mr. Lancaster, 44, has loss of vision in his left eye due to a
central scotoma that occurred as a result of a traumatic injury
sustained in 1990. The visual acuity in his right eye is 20/15 and in
the left eye, 20/400. Following an examination in 2008, his optometrist
noted, ``It is my medical/optometric opinion that David Lancaster has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Lancaster reported that he has driven
straight trucks for 20 years, accumulating 800,000 miles. He holds a
Class O operator's license from Nebraska. Class O operator's license
allows him to drive any non-commercial vehicle except motorcycles. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Brian M. Madaya
Mr. Madaya, 48, has a retinal detachment in his right eye since
2004. The best corrected visual acuity in his right eye is 20/400 and
in the left eye, 20/20. Following an examination in 2008, his
optometrist noted, ``Based on his very stable findings over the last
several years, I am confident that his vision is completely in line
with the Department of Transportation guidelines for operation of
commercial motor vehicles.'' Mr. Madaya reported that he has driven
straight trucks for 20 years, accumulating 620,000 miles and tractor-
trailer combinations for 7\1/2\ years, accumulating 525,000 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.
Joe A. McIlroy
Mr. McIlroy, 49, has a prosthetic left eye due to a traumatic
injury sustained in 1988. The best corrected visual acuity in his right
eye is 20/15. Following an examination in 2008, his ophthalmologist
noted, ``In my opinion, Mr. McIlroy has sufficient vision to perform
the driving tasks to operate a commercial vehicle.'' Mr. McIlroy
reported that he has driven straight trucks for 28 years, accumulating
56,000 miles, and tractor-trailer combinations for 7 years,
accumulating 280,000 miles. He holds a Class A CDL from New York. His
driving record for the last 3 years shows no crashes and two
convictions for moving violations in a CMV, failure to obey traffic
signals.
Harry J. McSuley, Jr.
Mr. McSuley, 71, has loss of vision in his left eye due to retinal
vein occlusion that occurred in 1998. The best corrected visual acuity
in the right eye is 20/20 and in the left eye, 20/200. Following an
examination in 2008, his ophthalmologist noted, ``In my
[[Page 75806]]
professional medical opinion, I feel Harry McSuley has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. McSuley reported that he has driven straight trucks for
55 years, accumulating 1,650,000 miles, and tractor-trailer
combinations for 53 years, accumulating 3,445,000 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.
Robert S. Metcalf
Mr. Metcalf, 57, has had amblyopia in his left eye since birth. The
visual acuity in his right eye is 20/20 and in the left, 20/300.
Following an examination in 2008, his optometrist noted, ``Aside from
needing glasses for reading, Mr. Metcalf should have not problems
driving a commercial vehicle without correction.'' Mr. Metcalf reported
that he has driven straight trucks for 31 years, accumulating 620,000
miles, and tractor-trailer combinations for 28 years, accumulating 1.7
million 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.
Elmer R. Miller
Mr. Miller, 64, has complete loss of vision in his left eye due to
a traumatic injury sustained in 1986. The best corrected visual acuity
in his right eye is 20/30. Following an examination in 2008, his
ophthalmologist noted, ``I certify that, in my medical opinion, he has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Miller reported that he has driven straight
trucks for 47 years, accumulating 564,000 miles. He holds a Class C
operator's license from Illinois. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Richard L. Moreland
Mr. Moreland, 49, has complete loss of vision in his right eye due
to a traumatic injury sustained in 1966. The visual acuity in his left
eye is 20/20. Following an examination in 2008, his optometrist noted,
``Based on these findings, I feel Richard L. Moreland has the visual
abilities to safely continue to operate a commercial motor vehicle in
interstate commerce because his visual loss has been present since
1966.'' Mr. Miller reported that he has driven straight trucks for 23
years, accumulating 230,000 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.
Stanley J. Morris
Mr. Morris, 46, has complete 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. Following an examination in 2008, his
optometrist noted, ``I certify that, in my medical opinion, the
applicant's visual deficiency is stable and has sufficient vision to
perform the driving tasks required to operate a commercial motor
vehicle, and that the applicant's condition will not adversely affect
his ability to operate a commercial motor vehicle safely.'' Mr. Morris
reported that he has driven straight trucks for 11 years, accumulating
264,000 miles, and tractor-trailer combinations for 6 years,
accumulating 399,000 million 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.
Barbara C. Pennington
Ms. Pennington, 45, has a prosthetic right eye due to enucleation
following a traumatic injury in 1991. The best corrected visual acuity
in her left eye is 20/20. Following an examination in 2008, her
ophthalmologist noted, ``The vision is stable in her left eye and Ms.
Pennington is able to operate a commercial motor vehicle from an ocular
standpoint.'' Ms. Pennington reported that she has driven straight
trucks for 1 year, accumulating 50,000 miles, and tractor-trailer
combinations for 15 years, accumulating 1.5 million miles. She holds a
Class A CDL from Florida. Her driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.
Ronald M. Scott
Mr. Scott, 52, has loss of vision in his right eye due to a
traumatic injury that occurred in 1984. The visual acuity in his right
eye is count fingers and in the left eye, 20/15. Following an
examination in 2008, his optometrist noted, ``I feel that Mr. Scott has
more than sufficient vision in his left eye to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Scott reported
that he has driven straight trucks for 30 years, accumulating 2.6
million miles, and tractor-trailer combinations for 30 years,
accumulating 3 million miles. He holds a Class A CDL from Indiana. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Jeremichael Steele
Mr. Steele, 41, has loss of vision in his left eye due to a retinal
scar sustained from a traumatic injury as a child. The best corrected
visual acuity in his right eye is 20/20. Following an examination in
2008, his optometrist noted, ``In my medical opinion, Mr. Steele has
sufficient vision to perform the driving tasks to operate a commercial
vehicle.'' Mr. Steele reported that he has driven tractor-trailer
combinations for 6 years, accumulating 240,000 miles, and buses for 7
years, accumulating 63,000 miles. He holds a Class A CDL from North
Carolina. His driving record for the last 3 years shows no crashes, and
one conviction for a moving violation in a CMV; he changed lanes
improperly.
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 January 12, 2009. 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: December 5, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E8-29415 Filed 12-11-08; 8:45 am]
BILLING CODE 4910-EX-P