Qualification of Drivers; Exemption Applications; Vision, 43217-43220 [E9-20622]

Download as PDF jlentini on DSKJ8SOYB1PROD with NOTICES Federal Register / Vol. 74, No. 164 / Wednesday, August 26, 2009 / Notices Richard P. Frederiksen, Johnny Gibson, John Knapp, Matthew P. Littleton, Robert R. Martin, John J. Mattefs, Randy A. Miller, Scott R. Miner, Francisco Montero, Francis E. Paquin, Armando Pedroso, Matias P. Quintanilla, Jim Sampson, John P. Stoetzel, Donald Stone, Terry G. Theberge, Albert Villa, Jr., Jack L. Woolever. One applicant, Gregory C. Simmons, had more than 2 commercial motor vehicle violations during the 3-year review period and/or application process. Each applicant is only allowed 2 moving citations. One applicant, Thomas E. Sprague, Jr., did not have sufficient peripheral vision in his better eye to qualify for an exemption. One applicant, Robert C. Hill, had other medical conditions making him unqualified under Federal Motor Carrier Safety Regulations. All applicants must meet all other physical qualifications standards in 49 CFR 391.41(b)(1–13). The following 2 applicants had commercial driver’s license suspensions during the 3-year review period in relation to a moving violation. Applicants do not qualify for an exemption with a suspension during the 3-year period: Steven F. Albro, Carlos Diaz. One applicant, David L. Napier, did not hold a license which allowed operation of vehicles over 10,000 pounds for all or part of the 3-year period. One applicant, Elizel Martinez, did not have an Optometrist/ Ophthalmologist willing to state that he is able to operate a commercial vehicle from a vision standpoint. The following 9 applicants were denied for miscellaneous/multiple reasons: Walter Clark, James E. Cotton, Joseph E. Lochotzki, David C. Moran, Vincent R. Neville, Steven R. Parker, Enrique Perez, Justinie R. Phillips, Lee G. Smith. The following 2 applicants never submitted the required documents: Bernard Sippin, Michael E. Williams. Finally, the following 19 applicants met the current federal vision standards. Exemptions are not required for applicants that meet the current regulations for vision: Dennis Burdett, Brian J. Douglas, Clarence Elsea, Servando T. Escudero, Wayne Figroid, Shawn T. Girgen, Sandra L. Gravett, Daniel R. Hicks, Richard Hull, Eric L. Kinner, Luther B. Livingston, Thomas W. May, Spencer Melton, David M. Nelson, Tommy J. Shelton, Kent D. Tufvander, W. Hall Van Horn, Etienne D. Vincent, Ricky Wilkinson. VerDate Nov<24>2008 17:05 Aug 25, 2009 Jkt 217001 Issued on: August 20, 2009. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E9–20623 Filed 8–25–09; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket ID FMCSA–2009–0206] 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 27 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 September 25, 2009. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA– 2009–0206 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. 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 PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 43217 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://www.regulations.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 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 27 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 Martin Anaya Mr. Anaya, age 39, 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, 20/50. Following an examination in 2009, his optometrist noted, ‘‘In my professional opinion, from a vision stand point, Mr. Anaya can safely drive a commercial vehicle.’’ Mr. Anaya reported that he has driven straight trucks for 11 years, E:\FR\FM\26AUN1.SGM 26AUN1 43218 Federal Register / Vol. 74, No. 164 / Wednesday, August 26, 2009 / Notices accumulating 220,000 miles, and tractor-trailer combinations for 11 years, accumulating 110,000 miles. He holds a Class A Commercial Driver’s License (CDL) from New Mexico. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Gregory G. Barthell Mr. Barthell, 48, has had amblyopia in his right eye since childhood. The visual acuity in his right eye is 20/50 and in his left eye, 20/20. Following an examination in 2009, his ophthalmologist noted, ‘‘In my medical opinion, the patient has sufficient vision to perform tasks required to operate a commercial vehicle. His vision deficiency is unlikely to change over time.’’ Mr. Barthell reported that he has driven straight trucks for 3 years, accumulating 7,800 miles, and buses for 2 years, accumulating 52,000 miles. He holds a Class B CDL from New Mexico. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Donald R. Beauchesne Mr. Beauchesne, 56, has had amblyopia in his left eye since childhood. The best corrected visual acuity in his right eye is 20/25 and in his left eye, 20/100. Following an examination in 2009, his optometrist noted, ‘‘I believe that Mr. Beauchesne has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Beauchesne reported that he has driven straight trucks for 11 years, accumulating 275,000 miles, and buses for 20 years, accumulating 1 million miles. He holds a Class B CDL from Maine. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. jlentini on DSKJ8SOYB1PROD with NOTICES John E. Bell Mr. Bell, 47, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/20 and in his left eye, hand motion vision. Following an examination in 2009, his optometrist noted, ‘‘John has sufficient vision to perform the driving tasks required to operate a commercial vehicle on public roads in every state in the United States.’’ Mr. Bell reported that he has driven straight trucks for 5 years, accumulating 500,000 miles, and tractor-trailer combinations for 10 years, accumulating 1 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. VerDate Nov<24>2008 17:05 Aug 25, 2009 Jkt 217001 Richard J. Decker Mr. Decker, 54, has had amblyopia in his right eye since childhood. The best corrected visual acuity in his right eye is 20/400 and in his left eye, 20/20. Following an examination in 2009, his optometrist noted, ‘‘Given Mr. Decker’s current visual status, he has the proper visual skills to operate a commercial vehicle.’’ Mr. Decker reported that he has driven straight trucks for 25 years, accumulating 250,000 miles, and tractor-trailer combinations for 25 years, accumulating 2.5 million miles. He holds a Class A CDL from Connecticut. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. James E. Fix Mr. Fix, 46, had an enucleation of his left eye due to a traumatic injury sustained in 2000. The best corrected visual acuity in his right eye is 20/20. Following an examination in 2009, his optometrist noted, ‘‘I believe Mr. Fix has sufficient vision to perform the driving tasks to operate a commercial vehicle.’’ Mr. Fix reported that he has driven straight trucks for 4 years, accumulating 120,000 miles, and tractor-trailer combinations for 8 years, accumulating 640,000 miles. He holds a Class D operator’s license from South Carolina. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Dean A. Gary Mr. Gary, 44, has loss of vision in his left eye due to a retinal detachment that occurred 15 years ago. The best corrected visual acuity in his right eye is 20/15 and in his left eye, hand motion vision. Following an examination in 2009, his optometrist noted, ‘‘In my opinion, this patient’s vision is adequate for commercial driving.’’ Mr. Gary reported that he has driven straight trucks for 25 years, accumulating 1.7 million miles, and tractor-trailer combinations for 25 years, accumulating 125,000 miles. He holds a Class A CDL from Minnesota. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. James P. Greene Mr. Greene, 44, has loss of vision in his left eye due to congenital toxoplasmosis. The best corrected visual acuity in his right eye is 20/20 and in his left eye, 20/400. Following an examination in 2009, his optometrist noted, ‘‘In my opinion, his vision is adequate to drive a commercial vehicle.’’ Mr. Greene reported that he has driven straight trucks for 5 years, PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 accumulating 59,520 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. Larry L. Harris Mr. Harris, 56, has loss of vision in his left eye due to a congenital retinal lesion. The best corrected visual acuity in his right eye is 20/20 and in his left eye, count-finger vision. Following an examination in 2009, his optometrist noted, ‘‘In my medical opinion, Mr. Harris has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Harris reported that he has driven straight trucks for 7 years, accumulating 7,000 miles. He holds a Class B CDL from Ohio. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Roger D. Kloss Mr. Kloss, 46, has complete loss of vision in his left eye due to a congenital defect. The visual acuity in his right eye is 20/20. Following an examination in 2009, his optometrist noted, ‘‘I feel that Mr. Kloss is well adapted to his situation and has sufficient vision to perform the tasks necessary to operate a commercial vehicle.’’ Mr. Kloss reported that he has driven tractor-trailer combinations for 23 years, accumulating 1.8 million miles. He holds a Class A CDL from Illinois. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Steven R. Lechtenberg Mr. Lechtenberg, 42, has bullous keratopathy in his right eye due to a traumatic injury sustained as a child. The best corrected visual acuity in his right eye is count-finger vision and in his left eye, 20/20. Following an examination in 2009, his optometrist noted, ‘‘It is my medical opinion that Mr. Lechtenberg has sufficient vision to perform the driving tasks required to operate a commercial motor vehicle.’’ Mr. Lechtenberg reported that he has driven straight trucks for 5 years, accumulating 200,000 miles. He holds a Class O operator’s license from Nebraska, which 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. Oscar N. Lefferts Mr. Lefferts, 50, has had amblyopia in his left eye since childhood. The best E:\FR\FM\26AUN1.SGM 26AUN1 Federal Register / Vol. 74, No. 164 / Wednesday, August 26, 2009 / Notices corrected visual acuity in his right eye is 20/20 and in his left eye, 20/200. Following an examination in 2009, his optometrist noted, ‘‘I feel that Mr. Lefferts vision is more than sufficient and he should have no restrictions on his commercial driver’s license and the ability to operate a commercial vehicle is not compromised.’’ Mr. Lefferts reported that he has driven buses for 9 years, accumulating 1.1 million miles. He holds a Class D operator’s license from Alabama. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. David C. Lyles Mr. Lyles, 54, has had age-related macular degeneration since 2004. The best corrected visual acuity in his right eye is 20/80 and in his left eye, 20/20. Following an examination in 2009, his optometrist noted, ‘‘It is my opinion that Mr. Lyles has sufficient visual ability to perform the tasks necessary to operate a commercial vehicle.’’ Mr. Lyles reported that he has driven tractor-trailer combinations for 31⁄2 years, accumulating 350,000 miles. He holds a Class A CDL from Georgia. His driving record for the last 3 years shows no crashes and one conviction for speeding in a CMV. He exceeded the speed limit by 12 mph. jlentini on DSKJ8SOYB1PROD with NOTICES Jesse R. McClary, Sr. Mr. McClary, 48, has a prosthetic left eye due to a traumatic injury sustained as a child. The best corrected visual acuity in his right eye is 20/20. Following an examination in 2009, his optometrist noted, ‘‘I see no reason why Mr. McClary cannot safely operate a commercial vehicle and it is my understanding that he has been doing it for many years.’’ Mr. McClary reported that he has driven straight trucks for 30 years, accumulating 6 million miles, tractor-trailer combinations for 4 years, accumulating 220,000 miles, and buses for 25 years, accumulating 500,000 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. Ignar L. Meyer Mr. Meyer, 54, has had amblyopia in his right eye since childhood. The best corrected visual acuity in his right eye is 20/70 and in his left eye, 20/20. Following an examination in 2009, his optometrist noted, ‘‘He has no visual condition that would impair his driving skill, there should be no restrictions other than glasses required on his driver’s license, commercial or VerDate Nov<24>2008 17:05 Aug 25, 2009 Jkt 217001 otherwise.’’ Mr. Meyer reported that he has driven straight trucks for 31⁄2 years, accumulating 56,000 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. James C. Miller Mr. Miller, 66, has retinal vein occlusion in his left eye since 2006. The best corrected visual acuity in his right eye is 20/20 and in his left eye, 20/200. Following an examination in 2009, his optometrist noted, ‘‘In my medical opinion, Mr. Miller has sufficient vision to perform the tasks required to operate a commercial vehicle.’’ Mr. Miller reported that he has driven tractortrailer combinations for 29 years, accumulating 324,000 miles. He holds a Class A CDL from North Carolina. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Norman V. Myers Mr. Myers, 53, has complete loss of vision in his right eye due to a cataract and retinal detachment as a child. The best corrected visual acuity in his left eye is 20/15. Following an examination in 2009, his ophthalmologist noted, ‘‘In my professional opinion, Norman Myers has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Myers reported that he has driven straight trucks for 31⁄2 years, accumulating 157,500 miles. He holds an operator’s license from Washington. His driving record for the last 3 years shows one crash for which he was not cited, and no convictions for moving violations in a CMV. Steven D. O’Donnell Mr. O’Donnell, 35, has a prosthetic right eye due to a traumatic injury sustained as a child. The visual acuity in his left eye is 20/20. Following an examination in 2009, his optometrist noted, ‘‘These tests during our examination show that Mr. O’Donnell has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. O’Donnell reported that he has driven straight trucks for 10 years, accumulating 500,000 miles, and tractor-trailer combinations for 8 years, accumulating 640,000 miles. He holds a Class D operator’s license from New Jersey. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 43219 Ben R. Sauder Mr. Sauder, 48, has loss of vision in his left eye due to a macular scar. The best corrected visual acuity in his right eye is 20/20 and in his left eye, 20/200. Following an examination in 2009, his optometrist noted, ‘‘In my opinion, Mr. Sauder’s vision is sufficient to perform the driving tasks required to operate a commercial vehicle’’. Mr. Sauder reported that he has driven straight trucks for 32 years, accumulating 1.4 million miles, tractor trailers for 4 years, accumulating 16,800 miles, and buses for 16 years, accumulating 32,000 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. Mark L. Simmons Mr. Simmons, 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, 20/70. Following an examination in 2009, his optometrist noted, ‘‘I believe that Mr. Simmons has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Simmons reported that he has driven straight trucks for 22 years, accumulating 66,000 miles, and tractortrailer combinations for 11 years, accumulating 38,500 miles. He holds a Class A CDL from Iowa. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Don W. Smith Mr. Smith, 59, has had a traumatic cataract in his right eye caused by an injury sustained in 1954. The best corrected visual acuity in his right eye is light perception and in his left eye, 20/20. Following an examination in 2009, his optometrist noted, ‘‘In my medical opinion, Mr. Don Smith has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Smith reported that he has driven straight trucks for 18 years, accumulating 324,000 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. Robert E. Smith Mr. Smith, 46, has had amblyopia in his right eye since birth. The best corrected visual acuity in his right eye is 20/50 and in his left eye, 20/20. Following an examination in 2009, his optometrist noted, ‘‘Mr. Smith has sufficient vision to perform the driving tasks to operate a commercial vehicle.’’ Mr. Smith reported that he has driven E:\FR\FM\26AUN1.SGM 26AUN1 43220 Federal Register / Vol. 74, No. 164 / Wednesday, August 26, 2009 / Notices straight trucks for 23 years, accumulating 345,000 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. Robert E. Soto Mr. Soto, 45, has had myopic degeneration in his left eye since childhood. The best corrected visual acuity in his right eye is 20/20 and in his left eye, count-finger vision. Following an examination in 2009, his ophthalmologist noted, ‘‘Vision sufficient for commercial driving.’’ Mr. Soto reported that he has driven tractortrailer combinations for 9 years, accumulating 1.1 million 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. jlentini on DSKJ8SOYB1PROD with NOTICES Jerry W. Stanfill Mr. Stanfill, 67, has complete loss of vision in his left eye due to optic nerve damage sustained in 1990. The best corrected visual acuity in his right eye is 20/20. Following an examination in 2009, his optometrist noted, ‘‘In my opinion, Jerry has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Stanfill reported that he has driven straight trucks for 25 years, accumulating 2.2 million miles, and tractor-trailer combinations for 17 years, accumulating 1.6 million miles. He holds a Class A CDL from Arkansas. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Charles M. Thomas Mr. Thomas, 61, has had diabetic retinopathy in both eyes since 1996. The best corrected visual acuity in his right eye is 20/25 and in his left eye, 20/80. Following an examination in 2009, his ophthalmologist noted, ‘‘As an Ophthalmologist, I certify that Mr. Thomas has sufficient vision and field of vision, to more than adequately perform the driving tasks that are required to operate a commercial vehicle.’’ Mr. Thomas reported that he has driven tractor-trailer combinations for 32 years, accumulating 3.2 million miles. He holds a Class A CDL from Maryland. His driving record for the last 3 years shows no crashes and one conviction for a moving violation in a CMV, failure to obey a traffic sign. Roger L. Unser Mr. Unser, 60, has a prosthetic left eye due to a traumatic injury sustained in 1957. The best corrected visual acuity in VerDate Nov<24>2008 17:05 Aug 25, 2009 Jkt 217001 his right eye is 20/20. Following an examination in 2009, his ophthalmologist noted, ‘‘In my medical opinion, Mr. Unser’s vision is acceptable to drive a commercial vehicle.’’ Mr. Unser reported that he has driven straight trucks for 8 years, accumulating 320,000 miles, tractortrailer combinations for 8 years, accumulating 440,000 miles, and buses for 6 years, accumulating 105,000. He holds a Class B CDL from Oregon. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Virgil E. Walker Mr. Walker, 61, 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, 20/20. Following an examination in 2009, his optometrist noted, ‘‘The patient has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Walker reported that he has driven straight trucks for 36 years, accumulating 342,000 miles. He holds a Class B CDL from Texas. 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 September 25, 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: August 20, 2009. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E9–20622 Filed 8–25–09; 8:45 am] BILLING CODE 4910–EX–P PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration Qualification of Drivers; Exemption Applications; Diabetes AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of denials. SUMMARY: FMCSA announces its denial of 189 applications from individuals who requested an exemption from the Federal diabetes standard applicable to interstate truck and bus drivers and the reasons for the denials. FMCSA has statutory authority to exempt individuals from the diabetes requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemptions does not 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, U.S. Department of Transportation, FMCSA, 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 from the Federal diabetes standard for a renewable 2-year period if it finds ‘‘such an exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such an exemption.’’ The procedures for requesting an exemption are set out in 49 CFR part 381. Accordingly, FMCSA evaluated 189 individual exemption requests on their merits and made a determination that these applicants do not satisfy the criteria eligibility or meet the terms and conditions of the Federal exemption program. Each applicant has, prior to this notice, received a letter of final disposition on his/her exemption request. Those decision letters fully outlined the basis for the denial and constitute final Agency action. The list published today summarizes the Agency’s recent denials as required under 49 U.S.C. 31315(b)(4) by periodically publishing names and reasons for denials. E:\FR\FM\26AUN1.SGM 26AUN1

Agencies

[Federal Register Volume 74, Number 164 (Wednesday, August 26, 2009)]
[Notices]
[Pages 43217-43220]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20622]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket ID FMCSA-2009-0206]


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 27 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 September 25, 2009.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2009-0206 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.
    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://www.regulations.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 27 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

Martin Anaya

    Mr. Anaya, age 39, 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, 20/50. Following an examination in 2009, his 
optometrist noted, ``In my professional opinion, from a vision stand 
point, Mr. Anaya can safely drive a commercial vehicle.'' Mr. Anaya 
reported that he has driven straight trucks for 11 years,

[[Page 43218]]

accumulating 220,000 miles, and tractor-trailer combinations for 11 
years, accumulating 110,000 miles. He holds a Class A Commercial 
Driver's License (CDL) from New Mexico. His driving record for the last 
3 years shows no crashes and no convictions for moving violations in a 
CMV.

Gregory G. Barthell

    Mr. Barthell, 48, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/50 and in his left 
eye, 20/20. Following an examination in 2009, his ophthalmologist 
noted, ``In my medical opinion, the patient has sufficient vision to 
perform tasks required to operate a commercial vehicle. His vision 
deficiency is unlikely to change over time.'' Mr. Barthell reported 
that he has driven straight trucks for 3 years, accumulating 7,800 
miles, and buses for 2 years, accumulating 52,000 miles. He holds a 
Class B CDL from New Mexico. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Donald R. Beauchesne

    Mr. Beauchesne, 56, has had amblyopia in his left eye since 
childhood. The best corrected visual acuity in his right eye is 20/25 
and in his left eye, 20/100. Following an examination in 2009, his 
optometrist noted, ``I believe that Mr. Beauchesne has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Beauchesne reported that he has driven straight trucks 
for 11 years, accumulating 275,000 miles, and buses for 20 years, 
accumulating 1 million miles. He holds a Class B CDL from Maine. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

John E. Bell

    Mr. Bell, 47, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/20 and in his left eye, hand 
motion vision. Following an examination in 2009, his optometrist noted, 
``John has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle on public roads in every state in the 
United States.'' Mr. Bell reported that he has driven straight trucks 
for 5 years, accumulating 500,000 miles, and tractor-trailer 
combinations for 10 years, accumulating 1 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.

Richard J. Decker

    Mr. Decker, 54, has had amblyopia in his right eye since childhood. 
The best corrected visual acuity in his right eye is 20/400 and in his 
left eye, 20/20. Following an examination in 2009, his optometrist 
noted, ``Given Mr. Decker's current visual status, he has the proper 
visual skills to operate a commercial vehicle.'' Mr. Decker reported 
that he has driven straight trucks for 25 years, accumulating 250,000 
miles, and tractor-trailer combinations for 25 years, accumulating 2.5 
million miles. He holds a Class A CDL from Connecticut. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

James E. Fix

    Mr. Fix, 46, had an enucleation of his left eye due to a traumatic 
injury sustained in 2000. The best corrected visual acuity in his right 
eye is 20/20. Following an examination in 2009, his optometrist noted, 
``I believe Mr. Fix has sufficient vision to perform the driving tasks 
to operate a commercial vehicle.'' Mr. Fix reported that he has driven 
straight trucks for 4 years, accumulating 120,000 miles, and tractor-
trailer combinations for 8 years, accumulating 640,000 miles. He holds 
a Class D operator's license from South Carolina. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Dean A. Gary

    Mr. Gary, 44, has loss of vision in his left eye due to a retinal 
detachment that occurred 15 years ago. The best corrected visual acuity 
in his right eye is 20/15 and in his left eye, hand motion vision. 
Following an examination in 2009, his optometrist noted, ``In my 
opinion, this patient's vision is adequate for commercial driving.'' 
Mr. Gary reported that he has driven straight trucks for 25 years, 
accumulating 1.7 million miles, and tractor-trailer combinations for 25 
years, accumulating 125,000 miles. He holds a Class A CDL from 
Minnesota. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

James P. Greene

    Mr. Greene, 44, has loss of vision in his left eye due to 
congenital toxoplasmosis. The best corrected visual acuity in his right 
eye is 20/20 and in his left eye, 20/400. Following an examination in 
2009, his optometrist noted, ``In my opinion, his vision is adequate to 
drive a commercial vehicle.'' Mr. Greene reported that he has driven 
straight trucks for 5 years, accumulating 59,520 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.

Larry L. Harris

    Mr. Harris, 56, has loss of vision in his left eye due to a 
congenital retinal lesion. The best corrected visual acuity in his 
right eye is 20/20 and in his left eye, count-finger vision. Following 
an examination in 2009, his optometrist noted, ``In my medical opinion, 
Mr. Harris has sufficient vision to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Harris reported that he has 
driven straight trucks for 7 years, accumulating 7,000 miles. He holds 
a Class B CDL from Ohio. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

Roger D. Kloss

    Mr. Kloss, 46, has complete loss of vision in his left eye due to a 
congenital defect. The visual acuity in his right eye is 20/20. 
Following an examination in 2009, his optometrist noted, ``I feel that 
Mr. Kloss is well adapted to his situation and has sufficient vision to 
perform the tasks necessary to operate a commercial vehicle.'' Mr. 
Kloss reported that he has driven tractor-trailer combinations for 23 
years, accumulating 1.8 million miles. He holds a Class A CDL from 
Illinois. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Steven R. Lechtenberg

    Mr. Lechtenberg, 42, has bullous keratopathy in his right eye due 
to a traumatic injury sustained as a child. The best corrected visual 
acuity in his right eye is count-finger vision and in his left eye, 20/
20. Following an examination in 2009, his optometrist noted, ``It is my 
medical opinion that Mr. Lechtenberg has sufficient vision to perform 
the driving tasks required to operate a commercial motor vehicle.'' Mr. 
Lechtenberg reported that he has driven straight trucks for 5 years, 
accumulating 200,000 miles. He holds a Class O operator's license from 
Nebraska, which 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.

Oscar N. Lefferts

    Mr. Lefferts, 50, has had amblyopia in his left eye since 
childhood. The best

[[Page 43219]]

corrected visual acuity in his right eye is 20/20 and in his left eye, 
20/200. Following an examination in 2009, his optometrist noted, ``I 
feel that Mr. Lefferts vision is more than sufficient and he should 
have no restrictions on his commercial driver's license and the ability 
to operate a commercial vehicle is not compromised.'' Mr. Lefferts 
reported that he has driven buses for 9 years, accumulating 1.1 million 
miles. He holds a Class D operator's license from Alabama. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

David C. Lyles

    Mr. Lyles, 54, has had age-related macular degeneration since 2004. 
The best corrected visual acuity in his right eye is 20/80 and in his 
left eye, 20/20. Following an examination in 2009, his optometrist 
noted, ``It is my opinion that Mr. Lyles has sufficient visual ability 
to perform the tasks necessary to operate a commercial vehicle.'' Mr. 
Lyles reported that he has driven tractor-trailer combinations for 3\1/
2\ years, accumulating 350,000 miles. He holds a Class A CDL from 
Georgia. His driving record for the last 3 years shows no crashes and 
one conviction for speeding in a CMV. He exceeded the speed limit by 12 
mph.

Jesse R. McClary, Sr.

    Mr. McClary, 48, has a prosthetic left eye due to a traumatic 
injury sustained as a child. The best corrected visual acuity in his 
right eye is 20/20. Following an examination in 2009, his optometrist 
noted, ``I see no reason why Mr. McClary cannot safely operate a 
commercial vehicle and it is my understanding that he has been doing it 
for many years.'' Mr. McClary reported that he has driven straight 
trucks for 30 years, accumulating 6 million miles, tractor-trailer 
combinations for 4 years, accumulating 220,000 miles, and buses for 25 
years, accumulating 500,000 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.

Ignar L. Meyer

    Mr. Meyer, 54, has had amblyopia in his right eye since childhood. 
The best corrected visual acuity in his right eye is 20/70 and in his 
left eye, 20/20. Following an examination in 2009, his optometrist 
noted, ``He has no visual condition that would impair his driving 
skill, there should be no restrictions other than glasses required on 
his driver's license, commercial or otherwise.'' Mr. Meyer reported 
that he has driven straight trucks for 3\1/2\ years, accumulating 
56,000 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.

James C. Miller

    Mr. Miller, 66, has retinal vein occlusion in his left eye since 
2006. The best corrected visual acuity in his right eye is 20/20 and in 
his left eye, 20/200. Following an examination in 2009, his optometrist 
noted, ``In my medical opinion, Mr. Miller has sufficient vision to 
perform the tasks required to operate a commercial vehicle.'' Mr. 
Miller reported that he has driven tractor-trailer combinations for 29 
years, accumulating 324,000 miles. He holds a Class A CDL from North 
Carolina. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Norman V. Myers

    Mr. Myers, 53, has complete loss of vision in his right eye due to 
a cataract and retinal detachment as a child. The best corrected visual 
acuity in his left eye is 20/15. Following an examination in 2009, his 
ophthalmologist noted, ``In my professional opinion, Norman Myers has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Myers reported that he has driven straight 
trucks for 3\1/2\ years, accumulating 157,500 miles. He holds an 
operator's license from Washington. His driving record for the last 3 
years shows one crash for which he was not cited, and no convictions 
for moving violations in a CMV.

Steven D. O'Donnell

    Mr. O'Donnell, 35, has a prosthetic right eye due to a traumatic 
injury sustained as a child. The visual acuity in his left eye is 20/
20. Following an examination in 2009, his optometrist noted, ``These 
tests during our examination show that Mr. O'Donnell has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. O'Donnell reported that he has driven straight trucks 
for 10 years, accumulating 500,000 miles, and tractor-trailer 
combinations for 8 years, accumulating 640,000 miles. He holds a Class 
D operator's license from New Jersey. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Ben R. Sauder

    Mr. Sauder, 48, has loss of vision in his left eye due to a macular 
scar. The best corrected visual acuity in his right eye is 20/20 and in 
his left eye, 20/200. Following an examination in 2009, his optometrist 
noted, ``In my opinion, Mr. Sauder's vision is sufficient to perform 
the driving tasks required to operate a commercial vehicle''. Mr. 
Sauder reported that he has driven straight trucks for 32 years, 
accumulating 1.4 million miles, tractor trailers for 4 years, 
accumulating 16,800 miles, and buses for 16 years, accumulating 32,000 
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.

Mark L. Simmons

    Mr. Simmons, 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, 20/70. 
Following an examination in 2009, his optometrist noted, ``I believe 
that Mr. Simmons has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Simmons reported that 
he has driven straight trucks for 22 years, accumulating 66,000 miles, 
and tractor-trailer combinations for 11 years, accumulating 38,500 
miles. He holds a Class A CDL from Iowa. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Don W. Smith

    Mr. Smith, 59, has had a traumatic cataract in his right eye caused 
by an injury sustained in 1954. The best corrected visual acuity in his 
right eye is light perception and in his left eye, 20/20. Following an 
examination in 2009, his optometrist noted, ``In my medical opinion, 
Mr. Don Smith has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Smith reported that he 
has driven straight trucks for 18 years, accumulating 324,000 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.

Robert E. Smith

    Mr. Smith, 46, has had amblyopia in his right eye since birth. The 
best corrected visual acuity in his right eye is 20/50 and in his left 
eye, 20/20. Following an examination in 2009, his optometrist noted, 
``Mr. Smith has sufficient vision to perform the driving tasks to 
operate a commercial vehicle.'' Mr. Smith reported that he has driven

[[Page 43220]]

straight trucks for 23 years, accumulating 345,000 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.

Robert E. Soto

    Mr. Soto, 45, has had myopic degeneration in his left eye since 
childhood. The best corrected visual acuity in his right eye is 20/20 
and in his left eye, count-finger vision. Following an examination in 
2009, his ophthalmologist noted, ``Vision sufficient for commercial 
driving.'' Mr. Soto reported that he has driven tractor-trailer 
combinations for 9 years, accumulating 1.1 million 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.

Jerry W. Stanfill

    Mr. Stanfill, 67, has complete loss of vision in his left eye due 
to optic nerve damage sustained in 1990. The best corrected visual 
acuity in his right eye is 20/20. Following an examination in 2009, his 
optometrist noted, ``In my opinion, Jerry has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Stanfill reported that he has driven straight trucks for 25 years, 
accumulating 2.2 million miles, and tractor-trailer combinations for 17 
years, accumulating 1.6 million miles. He holds a Class A CDL from 
Arkansas. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Charles M. Thomas

    Mr. Thomas, 61, has had diabetic retinopathy in both eyes since 
1996. The best corrected visual acuity in his right eye is 20/25 and in 
his left eye, 20/80. Following an examination in 2009, his 
ophthalmologist noted, ``As an Ophthalmologist, I certify that Mr. 
Thomas has sufficient vision and field of vision, to more than 
adequately perform the driving tasks that are required to operate a 
commercial vehicle.'' Mr. Thomas reported that he has driven tractor-
trailer combinations for 32 years, accumulating 3.2 million miles. He 
holds a Class A CDL from Maryland. His driving record for the last 3 
years shows no crashes and one conviction for a moving violation in a 
CMV, failure to obey a traffic sign.

Roger L. Unser

    Mr. Unser, 60, has a prosthetic left eye due to a traumatic injury 
sustained in 1957. The best corrected visual acuity in his right eye is 
20/20. Following an examination in 2009, his ophthalmologist noted, 
``In my medical opinion, Mr. Unser's vision is acceptable to drive a 
commercial vehicle.'' Mr. Unser reported that he has driven straight 
trucks for 8 years, accumulating 320,000 miles, tractor-trailer 
combinations for 8 years, accumulating 440,000 miles, and buses for 6 
years, accumulating 105,000. He holds a Class B CDL from Oregon. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Virgil E. Walker

    Mr. Walker, 61, 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, 20/20. Following an examination in 2009, his optometrist 
noted, ``The patient has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Walker reported that he 
has driven straight trucks for 36 years, accumulating 342,000 miles. He 
holds a Class B CDL from Texas. 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 September 25, 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: August 20, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-20622 Filed 8-25-09; 8:45 am]
BILLING CODE 4910-EX-P
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