Qualification of Drivers; Exemption Applications; Vision, 7097-7101 [E9-2958]

Download as PDF Federal Register / Vol. 74, No. 28 / Thursday, February 12, 2009 / Notices 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. Schaff 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 DA CDL from Kentucky. Jeffrey A. Scovel Mr. Scovel, 38, has had ITDM since 2008. 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. Scovel 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 B3 CDL from South Dakota, which allows him to drive single vehicles greater than 26,000 lbs gross vehicle weight rating and includes car/light truck/motorcycle privileges. pwalker on PROD1PC71 with NOTICES Charles C. Smith Mr. Smith, 68, has had ITDM since 2007. 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. Smith meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2008 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Illinois. Michael L. Wise Mr. Wise, 58, has had ITDM since 1992. 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 VerDate Nov<24>2008 17:03 Feb 11, 2009 Jkt 217001 management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Wise meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2008 and certified that he does have stable non-proliferative diabetic retinopathy. He holds a Class B CDL from Indiana. Richard L. Wright Mr. Wright, 59, has had ITDM since 2008. 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. Wright 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 A CDL from Indiana. 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 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. PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 7097 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 U.S.C. 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 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: February 5, 2009. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E9–2957 Filed 2–11–09; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket ID. FMCSA–2008–0398] 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 33 individuals for exemption from the vision requirement in the Federal Motor Carrier Safety Regulations. If granted, the exemptions would enable these individuals to qualify as drivers of commercial motor vehicles (CMVs) in interstate commerce without meeting the Federal vision standard. DATES: Comments must be received on or before March 16, 2009. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA– 2008–0398 using any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the E:\FR\FM\12FEN1.SGM 12FEN1 7098 Federal Register / Vol. 74, No. 28 / Thursday, February 12, 2009 / Notices pwalker on PROD1PC71 with NOTICES 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. 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, S.E., 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 2year period if it finds ‘‘such exemption would likely achieve a level of safety that is equivalent to, or greater than, the VerDate Nov<24>2008 17:03 Feb 11, 2009 Jkt 217001 level that would be achieved absent such exemption.’’ FMCSA can renew exemptions at the end of each 2-year period. The 33 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 James M. Andrews Mr. Andrews, age 39, has had toxoplasmosis chorioretinopathy in his left eye since birth. The best corrected visual acuity in his right eye left eye is 20/30 and in his left eye, counting fingers. Following an examination in 2008, his ophthalmologist noted, ‘‘It is my medical opinion that the normal vision of his right eye allows sufficient vision to perform driving tasks required to operate a commercial vehicle.’’ Mr. Andrews reported that he has driven straight trucks for 6 years, accumulating 108,000 miles. He holds a Class B commercial driver’s license (CDL) from Oregon. His driving record for the last 3 years shows one crash and no convictions for moving violations in a CMV. Michael L. Ayers Mr. Ayers, 46, has had amblyopia in his left eye since childhood. The best corrected visual acuity in his right eye is 20/15 and in his left eye, 20/80. Following an examination in 2008, his optometrist noted, ‘‘In my professional opinion as an eye care practitioner, Mr. Lane Ayers has sufficient vision to perform the driving tasks required to drive a commercial motor vehicle.’’ Mr. Ayers reported that he has driven tractor-trailer combinations for 20 years, accumulating 960,000 miles. He holds a Class A CDL from Alabama. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Todd J. Berglund, Sr. Mr. Berglund, age 34, has had amblyopia in his right eye since birth. The best corrected visual acuity in his right eye is 20/400 and in his left eye, 20/20. Following an examination in 2008, his optometrist noted, ‘‘In my opinion, Todd has sufficient vision function to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Berglund reported that he has driven straight trucks for 13 years, accumulating 130,000 miles, and PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 tractor-trailer combinations for 13 years, accumulating 260,000 miles. He holds a Class A CDL from Utah. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. George M. Callahan Mr. Callahan, 52, has loss of vision in his left eye loss due to a corneal scar sustained at age 5. The visual acuity in his right eye is 20/20 and in his left eye, 20/400. Following an examination in 2008, his optometrist noted, ‘‘Mr. Callahan has sufficient vision to perform necessary tasks to operate a commercial vehicle.’’ Mr. Callahan reported that he has driven straight trucks for 11⁄2 years, accumulating 75,000 miles, and tractor-trailer combinations for 21 years, accumulating 2.1 million miles. He holds a Class A CDL from North Carolina. His driving record for the last 3 years shows one crash and no convictions for moving violations in a CMV. William D. Cardiff Mr. Cardiff, 53, has had amblyopia in his left eye since birth. The best corrected visual acuity in his right eye is 20/15 and in his left eye, 20/200. Following an examination in 2008, his optometrist noted, ‘‘In my medical opinion, Mr. Cardiff has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Cardiff reported that he has driven straight trucks for 31⁄2 years, accumulating 35,000 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. Paul V. DaLuisio Mr. DaLuisio, 40, has had amblyopia in his left eye since birth. The best corrected visual acuity in his right eye is 20/20 and in his left eye, light perception. Following an examination in 2008, his optometrist noted, ‘‘Patient has sufficient vision to operate a commercial vehicle.’’ Mr. DaLuisio reported that he has driven straight trucks for 13 years, accumulating 305,500 miles. He holds a Class B CDL from New York. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Richard DiStaola Mr. DiStaola, 62, has had amblyopia in his right eye since childhood. The best corrected visual acuity in his right eye left eye is 20/150 and in his left eye, 20/20. Following an examination in 2008, his ophthalmologist noted, ‘‘In my E:\FR\FM\12FEN1.SGM 12FEN1 Federal Register / Vol. 74, No. 28 / Thursday, February 12, 2009 / Notices medical opinion, Mr. DiStaola has sufficient vision to perform the tasks required to operate a commercial motor vehicle.’’ Mr. DiStaola reported that he has driven straight trucks for 16 years, accumulating 320,000 miles, and tractor-trailer combinations for 16 years, accumulating 480,000 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. Tracy A. Doty Mr. Doty, 45, has loss of vision in his left eye due to a corneal scar sustained as a child. The best corrected visual acuity in his right eye is 20/20 and in his left eye, 20/200. Following an examination in 2008, his optometrist noted, ‘‘In my medical opinion, Mr. Doty’s vision is sufficient to operate a commercial vehicle.’’ Mr. Doty reported that he has driven straight trucks for 5 years, accumulating 150,000 miles, and tractor-trailer combinations for 31⁄2 years, accumulating 346,500 miles. He holds a Class A CDL from Tennessee. His driving record for the last 3 years shows no crashes and one conviction for a moving violation in a CMV, following improperly. pwalker on PROD1PC71 with NOTICES Vincent C. Durazzo, Jr. Mr. Durazzo, 44, has complete loss of vision in his right eye due to a traumatic injury that occurred in 1986. The visual acuity in his left eye is 20/20. Following an examination in 2008, his optometrist noted, ‘‘It is my opinion that the health of Mr. Durazzo’s left eye is stable and he has sufficient vision and peripheral vision to operate a commercial vehicle.’’ Mr. Durazzo reported that he has driven straight trucks for 17 years, accumulating 340,000 miles. He holds a Class 2 operator’s license from Connecticut which allows him to drive non-commercial vehicles including vehicle tow of 10,000 lbs gross vehicle weight rating or less. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Matthew A. Ericson Mr. Ericson, 50, has had branch retinal vein occlusion since 2005. The best corrected visual acuity in his right eye is 20/20 and in his left eye, 20/50. Following an examination in 2008, his optometrist noted, ‘‘He has sufficient vision to operate a commercial vehicle.’’ Mr. Ericson reported that he has driven straight trucks for 17 years, accumulating 510,000 miles, and tractor-trailer combinations for 26 years, accumulating 780,000 miles. He holds a Class ABCD CDL from Wisconsin. His VerDate Nov<24>2008 17:03 Feb 11, 2009 Jkt 217001 driving record for the last 3 years shows no crashes and one conviction for a moving violation, speeding in a CMV. He exceeded the speed limit by 10 mph. Breck L. Falcon Mr. Falcon, 37, has had amblyopia in his right eye since childhood. The best corrected visual acuity in his right eye left eye is 20/60 and in his left eye, 20/ 20. Following an examination in 2008, his ophthalmologist noted, ‘‘In my medical opinion, he appears to have sufficient vision to perform driving tasks for a commercial vehicle.’’ Mr. Falcon reported that he has driven straight trucks for 4 years, accumulating 72,800 miles. He holds a Class B CDL from Louisiana. His driving record for the last 3 years shows no crashes and one conviction for a moving violation, speeding in a CMV. He exceeded the speed limit by 15 mph. Charles W. Hillyer Mr. Hillyer, 40, has loss of vision in his left eye sustained from a traumatic injury sustained in 1972. The best corrected visual acuity in his right eye is 20/20 and in his left eye, hand motion. Following an examination in 2009, his optometrist noted, ‘‘In my medical opinion, Mr. Hillyer’s vision is sufficient to operate a commercial vehicle.’’ Mr. Hillyer reported that he has driven straight trucks for 12 years, accumulating 6,000 miles, and tractortrailer combinations for 12 years, accumulating 936,000 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. Stephen R. Jackson Mr. Jackson, 57, has had his right eye surgically removed due to retinal blastoma at 18 months of age. The best corrected visual acuity in his left eye is 20/20. Following an examination in 2008, his optometrist noted, ‘‘Mr. Jackson’s condition is stable. His vision is sufficient to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Jackson reported that he has driven straight trucks for 11 years, accumulating 22,000 miles. He holds a Class B CDL from Wyoming. His driving record for the last 3 years shows no crashes and one conviction for a moving violation in a CMV, speeding in a school zone. He exceeded the speed limit by 23 mph. Wesley J. Jenkins Mr. Jenkins, 41, has had amblyopia in his right eye since birth. The best corrected visual acuity in his right eye is 20/200 and in his left eye, 20/20. PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 7099 Following an examination in 2008, his optometrist noted, ‘‘In my professional opinion, Mr. Jenkins’ vision is satisfactory enough to continue operation of commercial motor vehicles.’’ Mr. Jenkins reported that he has driven straight trucks for 19 years, accumulating 1.5 million miles. He holds a Class B CDL from Illinois. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Richard H. Johnson Mr. Johnson, 58, has had amblyopia in his right eye since birth. The best corrected visual acuity in his right eye is 20/80, and in his left eye, 20/20. Following an examination in 2008, his ophthalmologist noted, ‘‘Mr. Richard Johnson has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Johnson reported that he has driven straight trucks for 30 years, accumulating 900,000 miles, and tractor-trailer combinations for 30 years, accumulating 900,000 miles. He holds a Class A CDL from Nevada. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Darrel R. Martin Mr. Martin, 61, has a prosthetic left eye due to a traumatic injury sustained in 1977. The best corrected visual acuity in his right eye is 20/20. Following an examination in 2008, his optometrist noted, ‘‘In our medical opinion, we certify that Mr. Martin has sufficient vision to perform the driving tasks necessary to operate a commercial vehicle.’’ Mr. Martin reported that he has driven straight trucks for 45 years, accumulating 1.4 million miles, and tractor-trailer combinations for 43 years, accumulating 860,000 miles. He holds a Class A CDL from Maryland. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. James W. McGhee Mr. McGhee, 60, has loss of vision in his left eye due to a traumatic injury sustained as a child. The best corrected visual acuity in his right eye is 20/20 and in his left eye, 20/200. Following an examination in 2008, his optometrist noted, ‘‘It is my feeling that Mr. McGhee has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. McGhee reported that he has driven straight trucks for 6 years, accumulating 480,000 miles, tractor-trailer combinations for 34 years, accumulating 2.2 million miles, and buses for 2 years, accumulating E:\FR\FM\12FEN1.SGM 12FEN1 7100 Federal Register / Vol. 74, No. 28 / Thursday, February 12, 2009 / Notices 100,000 miles. He holds a Class A CDL from Michigan. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Felix L. McLean Mr. McLean, 38, has had amblyopia in his right eye since birth. The best corrected visual acuity in his right eye is 20/60 and in his left eye, 20/20. Following an examination in 2008, his optometrist noted, ‘‘It is my opinion that Felix McLean has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. McLean reported that he has driven straight trucks for 5 years, accumulating 500 miles, and tractor-trailer combinations for 7 years, accumulating 840,000 miles. He holds a Class A CDL from New Mexico. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. James P. Mittlefehldt Mr. Mittlefehldt, 54, has had amblyopia in his right eye since birth. The best corrected visual acuity in his right eye is 20/200 and in his left eye, 20/20. Following an examination in 2008, his optometrist noted, ‘‘In my medical opinion, Mr. Mittlefehldt has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Mittlefehldt reported that he has driven straight trucks for 24 years, accumulating 480,000 miles and tractor-trailer combinations for 10 years, accumulating 750,000 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. pwalker on PROD1PC71 with NOTICES Robert E. Morrison Mr. Morrison, 62, has had amblyopia in his right eye since childhood. The best corrected visual acuity in his right eye is 20/100 and in his left eye, 20/30. Following an examination in 2008, his ophthalmologist noted, ‘‘It is my professional opinion that Mr. Morrison has adequate vision with glasses to operate commercial vehicles safely.’’ Mr. Morrison reported that he has driven straight trucks for 15 years, accumulating 450,000 miles. He holds a Class B CDL from Connecticut. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Pahl M. Olson Mr. Olson, 57, has loss of vision due to an ammonia burn to the cornea that occurred in 1973. The best corrected visual acuity in his right eye is 20/20 VerDate Nov<24>2008 17:03 Feb 11, 2009 Jkt 217001 and in his left eye, 20/200. Following an examination in 2008, his optometrist noted, ‘‘I certify, Paul Olson, in my opinion, has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Olson reported that he has driven straight trucks for 8 years, accumulating 120,000 miles, and tractor-trailer combinations for 31 years, accumulating 1.1 million miles. He holds a Class ABCD CDL from Wisconsin. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Craig P. Osborn Mr. Osborn, 45, has had extropia in his right eye since birth. The best corrected visual acuity in his right eye is 20/200 and in his left eye, 20/20. Following an examination in 2008, his optometrist noted, ‘‘In my medical opinion, Mr. Osborn has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Osborn reported that he has driven straight trucks for 20 years, accumulating 500,000 miles, and tractor-trailer combinations for 20 years, accumulating 300,000 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. Jeremy L. Perry Mr. Perry, 26, has a prosthetic left eye due to a traumatic injury sustained in 2004. The visual acuity in his right eye is 20/20. Following an examination in 2008, his optometrist noted, ‘‘It is my medical opinion that Jeremy Perry has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Perry reported that he has driven tractor-trailer combinations for 5 years, accumulating 396,310 miles. He holds a Class A CDL from Kansas. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Wayne G. Resch Mr. Resch, 45, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/20 and in his left eye, 20/60. Following an examination in 2008, his optometrist noted, ‘‘Considering the consistent and stable nature of Mr. Resch’s vision, there is no reason to believe there would be a visual difficulty in operating a commercial vehicle safely.’’ Mr. Resch reported that he has driven straight trucks for 20 years, accumulating 800,000 miles, and tractor-trailer combinations for 20 years, accumulating 800,000 miles. He holds a Class A CDL PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 from Wisconsin. His driving record for the last 3 years shows one crash and no convictions for moving violations in a CMV. Brad E. Robrock Mr. Robrock, 34, has loss of vision in his left eye due to a macular scar sustained from a traumatic injury that occurred in 1991. The visual acuity in his right eye is 20/20 and in his left eye, 20/300. Following an examination in 2008, his optometrist noted, ‘‘Mr. Robrock, in my medical opinion, has adequate binocular vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Robrock reported that he has driven straight trucks for 10 years, accumulating 150,000 miles. He holds an operator’s license from Indiana. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. James L. Rooney Mr. Rooney, 51, has had amblyopia in his left eye since childhood. The best corrected visual acuity in his right eye is 20/20 and in his left eye, 20/400. Following an examination in 2008, his optometrist noted, ‘‘In my opinion he has sufficient vision to continue to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Rooney reported that he has driven straight trucks for 11 years, accumulating 220,000 miles. He holds a Class B CDL from Washington. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. James E. Russell Mr. Russell, 38, has had amblyopia in his right eye since childhood. The best corrected visual acuity in his right eye is count fingers and in his left eye, 20/ 20. Following an examination in 2008, his optometrist noted, ‘‘In my opinion, James has sufficient vision to perform the driving tasks to operate a commercial vehicle.’’ Mr. Russell reported that he has driven straight trucks for 5 years, accumulating 65,000 miles, and tractor-trailer combinations for 16 years, accumulating 1.6 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. Robert C. Sellers, Jr. Mr. Sellers, 43, has complete loss of vision in the left eye due to a traumatic injury sustained at age 3. The best corrected visual acuity in his right eye is 20/25. Following an examination in E:\FR\FM\12FEN1.SGM 12FEN1 Federal Register / Vol. 74, No. 28 / Thursday, February 12, 2009 / Notices 2008, his ophthalmologist noted, ‘‘I believe Mr. Sellers will continue to perform well as a commercial truck driver. He has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Sellers reported that he has driven tractor-trailer combinations for 15 years, accumulating 225,000 miles. He holds a Class A CDL from Tennessee. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. James A. Smith Mr. Smith, 49, has had amblyopia in his right eye since birth. The best corrected visual acuity in his right eye is 20/200 and in his left eye, 20/15. Following an examination in 2008, his optometrist noted, ‘‘In my opinion, he has sufficient vision to perform all driving tasks required to operate a commercial motor vehicle.’’ Mr. Smith reported that he has driven tractortrailer combinations for 17 years, accumulating 595,000 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. Richard Sturk Mr. Sturk, 59, has had loss vision in the right eye due to ischemic optic atrophy since 2003. The best corrected visual acuity in his right eye is 20/200 and in his left eye, 20/25. Following an examination in 2008, his ophthalmologist noted, ‘‘In my medical opinion, I do believe that Mr. Sturk has sufficient vision in his left eye to operate a commercial vehicle.’’ Mr. Sturk reported that he has driven tractor-trailer combinations for 17 years, accumulating 1.7 million miles. He holds a Class A CDL license from Tennessee. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. pwalker on PROD1PC71 with NOTICES Wayne A. Whitehead Mr. Whitehead, 42, has had amblyopia in his right eye since childhood. The best corrected visual acuity in his right eye is 20/60 and in his left eye, 20/25. Following an examination in 2008, his ophthalmologist noted, ‘‘I certify that in my medical opinion, Mr. Whitehead has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Whitehead reported that he has driven straight trucks for 5 years, accumulating 120,750 miles. He holds a Class A CDL from New York. His driving record for the last 3 years shows VerDate Nov<24>2008 17:03 Feb 11, 2009 Jkt 217001 7101 no crashes and no convictions for moving violations in a CMV. DEPARTMENT OF TRANSPORTATION Charles F. Wotring Federal Motor Carrier Safety Administration Mr. Wotring, 41, has had macular dystrophy in his left eye since birth. The best corrected visual acuity in his right eye is 20/25 and in his left eye, 20/400. Following an examination in 2008, his optometrist noted, ‘‘He is visually able to drive commercially.’’ Mr. Wotring reported that he has driven straight trucks for 11⁄2 years, accumulating 52,500 miles, and tractor-trailer combinations for 14 years, accumulating 1.1 million miles. He holds a Class A CDL from Ohio. His driving record for the last 3 years shows no crashes and one conviction for a moving violation, speeding in a CMV. He exceeded the speed limit by 14 mph. Forrest L. Wright Mr. Wright, 54, has had optic nerve hypoplasia in his right eye since birth. The best corrected visual acuity in his right eye is light perception and in his left eye, 20/20. Following an examination in 2008, his optometrist noted, ‘‘It is my opinion that Mr. Wright has sufficient vision to perform all driving tasks to operate a commercial vehicle.’’ Mr. Wright reported that he has driven straight trucks for 3 years, accumulating 30,000 miles, and buses for 6 years, accumulating 24,000 miles. He holds a Class B CDL from Alabama. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. The Agency will consider all comments received before the close of business March 16, 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: February 5, 2009. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E9–2958 Filed 2–11–09; 8:45 am] BILLING CODE 4910–EX–P PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 [Docket No. FMCSA–00–8398; FMCSA–00– 7165; FMCSA–04–18885; FMCSA–04–17984; FMCSA–06–24783] Qualification of Drivers; Exemption Renewals; Vision AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. SUMMARY: FMCSA previously announced 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 reviewed the comments submitted in response to the previous announcement and concluded that granting these exemptions will provide a level of safety that will be equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers. FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical Programs, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 400 Seventh Street, SW., Room 8301, Washington, DC 20590–0001. Office hours are from 8:30 a.m. to 5 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Electronic Access You may see all the comments online through the Federal Document Management System (FDMS) at https:// www.regulations.gov. 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.’’ The statute also allows the Agency to renew exemptions at the end of the 2-year period. The comment period ended on November 17, 2008. Discussion of Comments FMCSA received one comment in this proceeding. The comment was considered and discussed below. E:\FR\FM\12FEN1.SGM 12FEN1

Agencies

[Federal Register Volume 74, Number 28 (Thursday, February 12, 2009)]
[Notices]
[Pages 7097-7101]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-2958]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket ID. FMCSA-2008-0398]


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 33 individuals 
for exemption from the vision requirement in the Federal Motor Carrier 
Safety Regulations. If granted, the exemptions would enable these 
individuals to qualify as drivers of commercial motor vehicles (CMVs) 
in interstate commerce without meeting the Federal vision standard.

DATES: Comments must be received on or before March 16, 2009.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2008-0398 using any of the 
following methods:
     Federal eRulemaking Portal: Go to https://
www.regulations.gov. Follow the

[[Page 7098]]

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.
    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, S.E., 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 33 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

James M. Andrews

    Mr. Andrews, age 39, has had toxoplasmosis chorioretinopathy in his 
left eye since birth. The best corrected visual acuity in his right eye 
left eye is 20/30 and in his left eye, counting fingers. Following an 
examination in 2008, his ophthalmologist noted, ``It is my medical 
opinion that the normal vision of his right eye allows sufficient 
vision to perform driving tasks required to operate a commercial 
vehicle.'' Mr. Andrews reported that he has driven straight trucks for 
6 years, accumulating 108,000 miles. He holds a Class B commercial 
driver's license (CDL) from Oregon. His driving record for the last 3 
years shows one crash and no convictions for moving violations in a 
CMV.

Michael L. Ayers

    Mr. Ayers, 46, has had amblyopia in his left eye since childhood. 
The best corrected visual acuity in his right eye is 20/15 and in his 
left eye, 20/80. Following an examination in 2008, his optometrist 
noted, ``In my professional opinion as an eye care practitioner, Mr. 
Lane Ayers has sufficient vision to perform the driving tasks required 
to drive a commercial motor vehicle.'' Mr. Ayers reported that he has 
driven tractor-trailer combinations for 20 years, accumulating 960,000 
miles. He holds a Class A CDL from Alabama. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Todd J. Berglund, Sr.

    Mr. Berglund, age 34, has had amblyopia in his right eye since 
birth. The best corrected visual acuity in his right eye is 20/400 and 
in his left eye, 20/20. Following an examination in 2008, his 
optometrist noted, ``In my opinion, Todd has sufficient vision function 
to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Berglund reported that he has driven straight trucks for 
13 years, accumulating 130,000 miles, and tractor-trailer combinations 
for 13 years, accumulating 260,000 miles. He holds a Class A CDL from 
Utah. His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

George M. Callahan

    Mr. Callahan, 52, has loss of vision in his left eye loss due to a 
corneal scar sustained at age 5. The visual acuity in his right eye is 
20/20 and in his left eye, 20/400. Following an examination in 2008, 
his optometrist noted, ``Mr. Callahan has sufficient vision to perform 
necessary tasks to operate a commercial vehicle.'' Mr. Callahan 
reported that he has driven straight trucks for 1\1/2\ years, 
accumulating 75,000 miles, and tractor-trailer combinations for 21 
years, accumulating 2.1 million miles. He holds a Class A CDL from 
North Carolina. His driving record for the last 3 years shows one crash 
and no convictions for moving violations in a CMV.

William D. Cardiff

    Mr. Cardiff, 53, has had amblyopia in his left eye since birth. The 
best corrected visual acuity in his right eye is 20/15 and in his left 
eye, 20/200. Following an examination in 2008, his optometrist noted, 
``In my medical opinion, Mr. Cardiff has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Cardiff reported that he has driven straight trucks for 3\1/2\ years, 
accumulating 35,000 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.

Paul V. DaLuisio

    Mr. DaLuisio, 40, has had amblyopia in his left eye since birth. 
The best corrected visual acuity in his right eye is 20/20 and in his 
left eye, light perception. Following an examination in 2008, his 
optometrist noted, ``Patient has sufficient vision to operate a 
commercial vehicle.'' Mr. DaLuisio reported that he has driven straight 
trucks for 13 years, accumulating 305,500 miles. He holds a Class B CDL 
from New York. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Richard DiStaola

    Mr. DiStaola, 62, has had amblyopia in his right eye since 
childhood. The best corrected visual acuity in his right eye left eye 
is 20/150 and in his left eye, 20/20. Following an examination in 2008, 
his ophthalmologist noted, ``In my

[[Page 7099]]

medical opinion, Mr. DiStaola has sufficient vision to perform the 
tasks required to operate a commercial motor vehicle.'' Mr. DiStaola 
reported that he has driven straight trucks for 16 years, accumulating 
320,000 miles, and tractor-trailer combinations for 16 years, 
accumulating 480,000 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.

Tracy A. Doty

    Mr. Doty, 45, has loss of vision in his left eye due to a corneal 
scar sustained as a child. The best corrected visual acuity in his 
right eye is 20/20 and in his left eye, 20/200. Following an 
examination in 2008, his optometrist noted, ``In my medical opinion, 
Mr. Doty's vision is sufficient to operate a commercial vehicle.'' Mr. 
Doty reported that he has driven straight trucks for 5 years, 
accumulating 150,000 miles, and tractor-trailer combinations for 3\1/2\ 
years, accumulating 346,500 miles. He holds a Class A CDL from 
Tennessee. His driving record for the last 3 years shows no crashes and 
one conviction for a moving violation in a CMV, following improperly.

Vincent C. Durazzo, Jr.

    Mr. Durazzo, 44, has complete loss of vision in his right eye due 
to a traumatic injury that occurred in 1986. The visual acuity in his 
left eye is 20/20. Following an examination in 2008, his optometrist 
noted, ``It is my opinion that the health of Mr. Durazzo's left eye is 
stable and he has sufficient vision and peripheral vision to operate a 
commercial vehicle.'' Mr. Durazzo reported that he has driven straight 
trucks for 17 years, accumulating 340,000 miles. He holds a Class 2 
operator's license from Connecticut which allows him to drive non-
commercial vehicles including vehicle tow of 10,000 lbs gross vehicle 
weight rating or less. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Matthew A. Ericson

    Mr. Ericson, 50, has had branch retinal vein occlusion since 2005. 
The best corrected visual acuity in his right eye is 20/20 and in his 
left eye, 20/50. Following an examination in 2008, his optometrist 
noted, ``He has sufficient vision to operate a commercial vehicle.'' 
Mr. Ericson reported that he has driven straight trucks for 17 years, 
accumulating 510,000 miles, and tractor-trailer combinations for 26 
years, accumulating 780,000 miles. He holds a Class ABCD CDL from 
Wisconsin. His driving record for the last 3 years shows no crashes and 
one conviction for a moving violation, speeding in a CMV. He exceeded 
the speed limit by 10 mph.

Breck L. Falcon

    Mr. Falcon, 37, has had amblyopia in his right eye since childhood. 
The best corrected visual acuity in his right eye left eye is 20/60 and 
in his left eye, 20/20. Following an examination in 2008, his 
ophthalmologist noted, ``In my medical opinion, he appears to have 
sufficient vision to perform driving tasks for a commercial vehicle.'' 
Mr. Falcon reported that he has driven straight trucks for 4 years, 
accumulating 72,800 miles. He holds a Class B CDL from Louisiana. His 
driving record for the last 3 years shows no crashes and one conviction 
for a moving violation, speeding in a CMV. He exceeded the speed limit 
by 15 mph.

Charles W. Hillyer

    Mr. Hillyer, 40, has loss of vision in his left eye sustained from 
a traumatic injury sustained in 1972. The best corrected visual acuity 
in his right eye is 20/20 and in his left eye, hand motion. Following 
an examination in 2009, his optometrist noted, ``In my medical opinion, 
Mr. Hillyer's vision is sufficient to operate a commercial vehicle.'' 
Mr. Hillyer reported that he has driven straight trucks for 12 years, 
accumulating 6,000 miles, and tractor-trailer combinations for 12 
years, accumulating 936,000 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.

Stephen R. Jackson

    Mr. Jackson, 57, has had his right eye surgically removed due to 
retinal blastoma at 18 months of age. The best corrected visual acuity 
in his left eye is 20/20. Following an examination in 2008, his 
optometrist noted, ``Mr. Jackson's condition is stable. His vision is 
sufficient to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Jackson reported that he has driven straight 
trucks for 11 years, accumulating 22,000 miles. He holds a Class B CDL 
from Wyoming. His driving record for the last 3 years shows no crashes 
and one conviction for a moving violation in a CMV, speeding in a 
school zone. He exceeded the speed limit by 23 mph.

Wesley J. Jenkins

    Mr. Jenkins, 41, has had amblyopia in his right eye since birth. 
The best corrected visual acuity in his right eye is 20/200 and in his 
left eye, 20/20. Following an examination in 2008, his optometrist 
noted, ``In my professional opinion, Mr. Jenkins' vision is 
satisfactory enough to continue operation of commercial motor 
vehicles.'' Mr. Jenkins reported that he has driven straight trucks for 
19 years, accumulating 1.5 million miles. He holds a Class B CDL from 
Illinois. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Richard H. Johnson

    Mr. Johnson, 58, has had amblyopia in his right eye since birth. 
The best corrected visual acuity in his right eye is 20/80, and in his 
left eye, 20/20. Following an examination in 2008, his ophthalmologist 
noted, ``Mr. Richard Johnson has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Johnson 
reported that he has driven straight trucks for 30 years, accumulating 
900,000 miles, and tractor-trailer combinations for 30 years, 
accumulating 900,000 miles. He holds a Class A CDL from Nevada. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Darrel R. Martin

    Mr. Martin, 61, has a prosthetic left eye due to a traumatic injury 
sustained in 1977. The best corrected visual acuity in his right eye is 
20/20. Following an examination in 2008, his optometrist noted, ``In 
our medical opinion, we certify that Mr. Martin has sufficient vision 
to perform the driving tasks necessary to operate a commercial 
vehicle.'' Mr. Martin reported that he has driven straight trucks for 
45 years, accumulating 1.4 million miles, and tractor-trailer 
combinations for 43 years, accumulating 860,000 miles. He holds a Class 
A CDL from Maryland. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

James W. McGhee

    Mr. McGhee, 60, has loss of vision in his left eye due to a 
traumatic injury sustained as a child. The best corrected visual acuity 
in his right eye is 20/20 and in his left eye, 20/200. Following an 
examination in 2008, his optometrist noted, ``It is my feeling that Mr. 
McGhee has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. McGhee reported that he has driven 
straight trucks for 6 years, accumulating 480,000 miles, tractor-
trailer combinations for 34 years, accumulating 2.2 million miles, and 
buses for 2 years, accumulating

[[Page 7100]]

100,000 miles. He holds a Class A CDL from Michigan. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Felix L. McLean

    Mr. McLean, 38, has had amblyopia in his right eye since birth. The 
best corrected visual acuity in his right eye is 20/60 and in his left 
eye, 20/20. Following an examination in 2008, his optometrist noted, 
``It is my opinion that Felix McLean has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
McLean reported that he has driven straight trucks for 5 years, 
accumulating 500 miles, and tractor-trailer combinations for 7 years, 
accumulating 840,000 miles. He holds a Class A CDL from New Mexico. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

James P. Mittlefehldt

    Mr. Mittlefehldt, 54, has had amblyopia in his right eye since 
birth. The best corrected visual acuity in his right eye is 20/200 and 
in his left eye, 20/20. Following an examination in 2008, his 
optometrist noted, ``In my medical opinion, Mr. Mittlefehldt has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Mittlefehldt reported that he has driven 
straight trucks for 24 years, accumulating 480,000 miles and tractor-
trailer combinations for 10 years, accumulating 750,000 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.

Robert E. Morrison

    Mr. Morrison, 62, has had amblyopia in his right eye since 
childhood. The best corrected visual acuity in his right eye is 20/100 
and in his left eye, 20/30. Following an examination in 2008, his 
ophthalmologist noted, ``It is my professional opinion that Mr. 
Morrison has adequate vision with glasses to operate commercial 
vehicles safely.'' Mr. Morrison reported that he has driven straight 
trucks for 15 years, accumulating 450,000 miles. He holds a Class B CDL 
from Connecticut. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Pahl M. Olson

    Mr. Olson, 57, has loss of vision due to an ammonia burn to the 
cornea that occurred in 1973. The best corrected visual acuity in his 
right eye is 20/20 and in his left eye, 20/200. Following an 
examination in 2008, his optometrist noted, ``I certify, Paul Olson, in 
my opinion, has sufficient vision to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Olson reported that he has 
driven straight trucks for 8 years, accumulating 120,000 miles, and 
tractor-trailer combinations for 31 years, accumulating 1.1 million 
miles. He holds a Class ABCD CDL from Wisconsin. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Craig P. Osborn

    Mr. Osborn, 45, has had extropia in his right eye since birth. The 
best corrected visual acuity in his right eye is 20/200 and in his left 
eye, 20/20. Following an examination in 2008, his optometrist noted, 
``In my medical opinion, Mr. Osborn has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Osborn reported that he has driven straight trucks for 20 years, 
accumulating 500,000 miles, and tractor-trailer combinations for 20 
years, accumulating 300,000 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.

Jeremy L. Perry

    Mr. Perry, 26, has a prosthetic left eye due to a traumatic injury 
sustained in 2004. The visual acuity in his right eye is 20/20. 
Following an examination in 2008, his optometrist noted, ``It is my 
medical opinion that Jeremy Perry has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Perry 
reported that he has driven tractor-trailer combinations for 5 years, 
accumulating 396,310 miles. He holds a Class A CDL from Kansas. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Wayne G. Resch

    Mr. Resch, 45, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/20 and in his left eye, 20/60. 
Following an examination in 2008, his optometrist noted, ``Considering 
the consistent and stable nature of Mr. Resch's vision, there is no 
reason to believe there would be a visual difficulty in operating a 
commercial vehicle safely.'' Mr. Resch reported that he has driven 
straight trucks for 20 years, accumulating 800,000 miles, and tractor-
trailer combinations for 20 years, accumulating 800,000 miles. He holds 
a Class A CDL from Wisconsin. His driving record for the last 3 years 
shows one crash and no convictions for moving violations in a CMV.

Brad E. Robrock

    Mr. Robrock, 34, has loss of vision in his left eye due to a 
macular scar sustained from a traumatic injury that occurred in 1991. 
The visual acuity in his right eye is 20/20 and in his left eye, 20/
300. Following an examination in 2008, his optometrist noted, ``Mr. 
Robrock, in my medical opinion, has adequate binocular vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Robrock reported that he has driven straight trucks for 10 years, 
accumulating 150,000 miles. He holds an operator's license from 
Indiana. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

James L. Rooney

    Mr. Rooney, 51, has had amblyopia in his left eye since childhood. 
The best corrected visual acuity in his right eye is 20/20 and in his 
left eye, 20/400. Following an examination in 2008, his optometrist 
noted, ``In my opinion he has sufficient vision to continue to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Rooney reported that he has driven straight trucks for 11 years, 
accumulating 220,000 miles. He holds a Class B CDL from Washington. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

James E. Russell

    Mr. Russell, 38, has had amblyopia in his right eye since 
childhood. The best corrected visual acuity in his right eye is count 
fingers and in his left eye, 20/20. Following an examination in 2008, 
his optometrist noted, ``In my opinion, James has sufficient vision to 
perform the driving tasks to operate a commercial vehicle.'' Mr. 
Russell reported that he has driven straight trucks for 5 years, 
accumulating 65,000 miles, and tractor-trailer combinations for 16 
years, accumulating 1.6 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.

Robert C. Sellers, Jr.

    Mr. Sellers, 43, has complete loss of vision in the left eye due to 
a traumatic injury sustained at age 3. The best corrected visual acuity 
in his right eye is 20/25. Following an examination in

[[Page 7101]]

2008, his ophthalmologist noted, ``I believe Mr. Sellers will continue 
to perform well as a commercial truck driver. He has sufficient vision 
to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Sellers reported that he has driven tractor-trailer 
combinations for 15 years, accumulating 225,000 miles. He holds a Class 
A CDL from Tennessee. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

James A. Smith

    Mr. Smith, 49, has had amblyopia in his right eye since birth. The 
best corrected visual acuity in his right eye is 20/200 and in his left 
eye, 20/15. Following an examination in 2008, his optometrist noted, 
``In my opinion, he has sufficient vision to perform all driving tasks 
required to operate a commercial motor vehicle.'' Mr. Smith reported 
that he has driven tractor-trailer combinations for 17 years, 
accumulating 595,000 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.

Richard Sturk

    Mr. Sturk, 59, has had loss vision in the right eye due to ischemic 
optic atrophy since 2003. The best corrected visual acuity in his right 
eye is 20/200 and in his left eye, 20/25. Following an examination in 
2008, his ophthalmologist noted, ``In my medical opinion, I do believe 
that Mr. Sturk has sufficient vision in his left eye to operate a 
commercial vehicle.'' Mr. Sturk reported that he has driven tractor-
trailer combinations for 17 years, accumulating 1.7 million miles. He 
holds a Class A CDL license from Tennessee. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Wayne A. Whitehead

    Mr. Whitehead, 42, has had amblyopia in his right eye since 
childhood. The best corrected visual acuity in his right eye is 20/60 
and in his left eye, 20/25. Following an examination in 2008, his 
ophthalmologist noted, ``I certify that in my medical opinion, Mr. 
Whitehead has sufficient vision to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Whitehead reported that he has 
driven straight trucks for 5 years, accumulating 120,750 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.

Charles F. Wotring

    Mr. Wotring, 41, has had macular dystrophy in his left eye since 
birth. The best corrected visual acuity in his right eye is 20/25 and 
in his left eye, 20/400. Following an examination in 2008, his 
optometrist noted, ``He is visually able to drive commercially.'' Mr. 
Wotring reported that he has driven straight trucks for 1\1/2\ years, 
accumulating 52,500 miles, and tractor-trailer combinations for 14 
years, accumulating 1.1 million miles. He holds a Class A CDL from 
Ohio. His driving record for the last 3 years shows no crashes and one 
conviction for a moving violation, speeding in a CMV. He exceeded the 
speed limit by 14 mph.

Forrest L. Wright

    Mr. Wright, 54, has had optic nerve hypoplasia in his right eye 
since birth. The best corrected visual acuity in his right eye is light 
perception and in his left eye, 20/20. Following an examination in 
2008, his optometrist noted, ``It is my opinion that Mr. Wright has 
sufficient vision to perform all driving tasks to operate a commercial 
vehicle.'' Mr. Wright reported that he has driven straight trucks for 3 
years, accumulating 30,000 miles, and buses for 6 years, accumulating 
24,000 miles. He holds a Class B CDL from Alabama. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests 
public comment from all interested persons on the exemption petitions 
described in this notice. The Agency will consider all comments 
received before the close of business March 16, 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: February 5, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-2958 Filed 2-11-09; 8:45 am]
BILLING CODE 4910-EX-P
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