[Federal Register Volume 69, Number 215 (Monday, November 8, 2004)]
[Notices]
[Pages 64806-64810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24867]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2004-19477]


Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemption from the vision standard; 
request for comments.

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SUMMARY: This notice publishes the FMCSA's receipt of applications from 
29 individuals for an exemption from the vision requirement in the 
Federal Motor Carrier Safety Regulations. If granted, the exemptions 
will enable these individuals to qualify as drivers of commercial motor 
vehicles (CMVs) in interstate commerce without meeting the vision 
standard prescribed in 49 CFR 391.41(b)(10).

DATES: Comments must be received on or before December 8, 2004.

ADDRESSES: You may submit comments identified by any of the following 
methods. Please identify your comments by the DOT DMS Docket Number 
FMCSA-2004-19477.
    <bullet> Web site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
    <bullet> Fax: 1-202-493-2251.
    <bullet> Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
    <bullet> Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal Holidays.
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
    Instructions: All submissions must include the agency name and 
docket number for this notice. For detailed instructions on submitting 
comments and additional information on the rulemaking process, see the 
Public Participation heading of the Supplementary Information section 
of this document. Note that all comments received will be posted 
without change to http://dms.dot.gov, including any personal 
information provided. Please see the Privacy Act heading under 
Regulatory Notices.
    Docket: For access to the docket to read background documents or

[[Page 64807]]

comments received, go to http://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.

FOR FURTHER INFORMATION CONTACT: Maggi Gunnels, Office of Bus and Truck 
Standards and Operations, (202) 366-2987, FMCSA, Department of 
Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001. 
Office hours are from 8 a.m. to 5 p.m., e.t., Monday through Friday, 
except Federal holidays.

SUPPLEMENTARY INFORMATION:
    Public Participation: The DMS is available 24 hours each day, 365 
days each year. You can get electronic submission and retrieval help 
guidelines under the ``help'' section of the DMS Web site. If you want 
us to notify you 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 is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review the 
Department of Transportation's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (Volume 65, Number 70; 
Pages 19477-78) or you may visit http://dms.dot.gov.

Background

    Under 49 U.S.C. 31315 and 31136(e), the 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.'' The statute also 
allows the agency to renew exemptions at the end of the 2-year period. 
The 29 individuals listed in this notice have recently 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 the statute.

Qualifications of Applicants

1. Leonida R. Batista

    Mr. Batista, age 53, has decreased vision in his left eye due to an 
injury he sustained 40 years ago. His best-corrected visual acuity in 
the right eye is 20/20 and in the left, hand motion. Following an 
examination in 2004, his ophthalmologist certified, ``It is my medical 
opinion that Mr. Batista has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Batista reported 
that he has driven straight trucks for 2 years, accumulating 50,000 
miles, and tractor-trailer combinations for 29 years, accumulating 1.0 
million miles. He holds a Class AM commercial driver's license (CDL) 
from New York. His driving record for the last 3 years shows no crashes 
or convictions for moving violations in a CMV.

2. Johnny Becerra

    Mr. Becerra, 36, has amblyopia in his left eye. The best-corrected 
visual acuity in his right eye is 20/20 and in the left, 20/200. His 
optometrist examined him in 2004 and stated, ``In my professional 
opinion, Mr. Johnny Becerra has sufficient vision to perform the tasks 
in order to operate a commercial vehicle.'' Mr. Becerra submitted that 
he has driven straight trucks for 5 years, accumulating 390,000 miles. 
He holds a Class A CDL from Texas. His driving record for the last 3 
years shows no crashes or convictions for moving violations in a CMV.

3. Larry W. Burnett

    Mr. Burnett, 44, has amblyopia in his left eye. The best-corrected 
visual acuity in his right eye is 20/20 and in the left, 20/200. His 
optometrist examined him in 2004 and stated, ``In my opinion, Mr. 
Burnett has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Burnett reported that he has driven 
straight trucks for 11 years, accumulating 418,000 miles, and tractor-
trailer combinations for 6 years, accumulating 600,000 miles. He holds 
a Class A CDL from Colorado. His driving record for the last 3 years 
shows no crashes or convictions for moving violations in a CMV.

4. Ross E. Burroughs

    Mr. Burroughs, 41, has a congenital visual field defect in his 
right eye. The best-corrected visual acuity in his right eye is 20/25 
and in the left, 20/30. His field of vision in the horizontal meridian 
in the right eye is 60[deg] and in the left, 100[deg]. Following an 
examination in 2004, his ophthalmologist stated, In my medical opinion, 
patient has sufficient vision to perform driving tasks and to drive a 
truck as he has been doing his entire life.'' Mr. Burroughs submitted 
that he has driven tractor-trailer combinations for 19 years, 
accumulating 1.2 million miles. He holds a Class A CDL from New Jersey. 
His driving record for the last 3 years shows no crashes or convictions 
for moving violations in a CMV.

5. Roger C. Carson

    Mr. Carson, 47, is blind in his left eye due to an accident in 
1982. The visual acuity in his right eye is 20/20. Following an 
examination in 2004, his optometrist certified, ``In my opinion, the 
patient has sufficient vision to operate a commercial vehicle.'' Mr. 
Carson reported that he has driven straight trucks for 22 years, 
accumulating 336,000 miles. He holds a chauffeur's license from 
Indiana. His driving record for the last 3 years shows no crashes or 
convictions for moving violations in a CMV.

6. Lester W. Carter

    Mr. Carter, 42, has amblyopia in his right eye. His best-corrected 
visual acuity in the right eye is 20/60 and in the left, 20/15. 
Following an examination in 2004, his optometrist certified, ``In my 
opinion Mr. Carter has sufficient vision to drive a commercial vehicle 
of the type he has been driving the past 8 years, using glasses to 
correct his vision.'' Mr. Carter reported that he has driven straight 
trucks for 4 years, accumulating 52,000 miles, and tractor-trailer 
combinations for 14 years, accumulating 1.8 million miles. He holds a 
Class A CDL from California. His driving record for the last 3 years 
shows no crashes or convictions for moving violations in a CMV.

7. Larry Chinn

    Mr. Chinn, 54, has a macular scar in his left eye due to trauma at 
age 19. His best-corrected visual acuity in the right eye is 20/20 and 
in the left, 20/80. Following an examination in 2004, his optometrist 
certified, ``In my medical opinion, Mr. Chinn is visually safe to 
operate a commercial vehicle.'' Mr. Chinn reported that he has driven 
straight trucks and tractor-trailer combinations for 25 years, 
accumulating 2.1 million miles in each. He holds a Class ABCD CDL from 
Wisconsin. His driving record for the last 3 years shows no crashes or 
convictions for moving violations in a CMV.

8. Christopher L. DePuy

    Mr. DePuy, 30, has amblyopia in his right eye. His best-corrected 
visual acuity in the right eye is 20/80 and in the left, 20/20. 
Following an examination in 2004, his optometrist certified, ``I feel 
he has sufficient vision to perform the driving tasks required to

[[Page 64808]]

operate a commercial vehicle.'' Mr. DePuy reported that he has driven 
straight trucks for 4 years, accumulating 160,000 miles, and tractor-
trailer combinations for 6 years, accumulating 390,000 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.

9. John B. Ethridge

    Mr. Ethridge, 43, has amblyopia in his left eye. His best-corrected 
visual acuity in the right eye is 20/25 and in the left, 20/150. 
Following an examination in 2004, his ophthalmologist certified, ``It 
is my medical opinion that this patient has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Ethridge reported that he has driven tractor-trailer combinations 
for 19 years, accumulating 1.9 million miles. He holds a Class A CDL 
from Georgia. His driving record for the last 3 years shows no crashes 
or convictions for moving violations in a CMV.

10. Larry J. Folkerts

    Mr. Folkerts, 37, has amblyopia in his left eye. His best-corrected 
visual acuity in the right eye is 20/20, and in the left, 20/400. 
Following an examination in 2004, his optometrist certified, ``In my 
medical opinion, Larry has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Folkerts reported 
that he has driven straight trucks for 13 years, accumulating 325,000 
miles. He holds a Class B CDL from Iowa. His driving record for the 
last 3 years shows no crashes or convictions for moving violations in a 
CMV.

11. Randolph D. Hall

    Mr. Hall, 64, has a macular scar in his right eye due to an 
infection as a child. The best-corrected visual acuity in his right eye 
is 20/800 and in the left, 20/20. His optometrist examined him in 2004 
and stated, ``In my medical opinion, Mr. Hall has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Hall submitted that he has driven tractor-trailer combinations for 
40 years, accumulating 3.0 million miles. He holds a Class A CDL from 
Florida. His driving record for the last 3 years shows no crashes and 
one conviction for a moving violation--``failure to obey traffic 
signal''--in a CMV.

12. Richard T. Hatchel

    Mr. Hatchel, 56, lost his left eye as a child due to an injury. The 
visual acuity in his right eye is 20/20. His ophthalmologist examined 
him in 2004 and certified, ``It is my medical opinion that the right 
eye is certainly good enough for Mr. Hatchel to perform the tasks 
required for operating a commercial vehicle.'' Mr. Hatchel reported 
that he has driven straight trucks for 13 years, accumulating 845,000 
miles, and tractor-trailer combinations for 16 years, accumulating 1.4 
million miles. He holds a Class A CDL from North Carolina. His driving 
record for the last 3 years shows no crashes or convictions for moving 
violations in a CMV.

13. Paul W. Hunter

    Mr. Hunter, 44, has a macular scar in his right eye due to an 
injury in 1991. The best-corrected visual acuity in his right eye is 
20/200 and in the left, 20/20. Following an examination in 2004 his 
optometrist stated, ``In my opinion, patient has more than enough 
vision to safely perform driving tasks required to operate a commercial 
vehicle.'' Mr. Hunter reported that he has driven tractor-trailer 
combinations for 10 years, accumulating 1.3 million miles. He holds a 
Class AM CDL from Alabama. His driving record for the last 3 years 
shows no crashes and two convictions for speeding in a CMV. He exceeded 
the speed limit by 18 mph in one instance and 12 mph in another.

14. Harold D. Jones

    Mr. Jones, 38, has amblyopia in his left eye. The best-corrected 
visual acuity in his right eye is 20/20 and in the left, 20/400. His 
optometrist examined him in 2004 and certified, ``In my opinion, this 
patient has sufficient vision to operate a commercial vehicle.'' Mr. 
Jones submitted that he has driven tractor-trailer combinations for 6 
years, accumulating 600,000 miles. He holds a Class A CDL from 
Kentucky. His driving record for the last 3 years shows no crashes or 
convictions for moving violations in a CMV.

15. Lester G. Kelley II

    Mr. Kelley, 44, has a macular scar in his left eye due to trauma in 
1982. The best-corrected visual acuity in his right eye is 20/20 and in 
the left, light perception. His ophthalmologist examined him in 2004 
and certified, ``I believe the patient should be able to adequately 
operate a commercial vehicle and drive without difficulty secondary to 
having good vision in only one eye.'' Mr. Kelley reported that he has 
driven tractor-trailer combinations for 17 years, accumulating 1.7 
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 9 mph.

16. Robert L. Lafollette

    Mr. Lafollette, 60, has amblyopia in his left eye. The best-
corrected visual acuity in his right eye is 20/20 and in the left, 20/
300. His optometrist examined him in 2004 and certified, ``I believe 
that this condition poses no hindrance to Mr. Lafollette's ability to 
operate a commercial vehicle.'' Mr. Lafollette reported that he has 
driven straight trucks for 35 years, accumulating 420,000 miles, and 
tractor-trailer combinations for 25 years, accumulating 250,000 miles. 
He holds a Class A CDL from Virginia. His driving record for the last 3 
years shows no crashes or convictions for moving violations in a CMV.

17. Ray P. Lenz

    Mr. Lenz, 59, sustained an injury to his left eye at age 5. His 
visual acuity in the right eye is 20/20 and in the left, light 
perception. Following an examination in 2004, his optometrist 
certified, ``I feel that Ray Lenz has sufficient vision to operate a 
commercial vehicle.'' Mr. Lenz reported that he has driven straight 
trucks for 41 years, accumulating 717,000 miles, and tractor-trailer 
combinations for 19 years, accumulating 950,000 miles. He holds a Class 
A CDL from Iowa. His driving record for the last 3 years shows no 
crashes or convictions for moving violations in a CMV.

18. John M. Lonergan

    Mr. Lonergan, 60, has amblyopia in his left eye. His best-corrected 
visual acuity in the right eye is 20/20 and in the left, 20/200. 
Following an examination in 2004, his ophthalmologist certified, ``In 
my medical opinion the patient has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Lonergan 
reported that he has driven tractor-trailer combinations for 39 years, 
accumulating 3.1 million miles. He holds a Class A CDL from Illinois. 
His driving record for the last 3 years shows one crash and no 
convictions for moving violations in a CMV. According to the police 
report, Mr. Lonergan, driving a tractor-trailer combination, was 
attempting to make a right turn when another driver passing on the 
right struck his vehicle. The other driver was charged with failing to 
yield the right of way. Mr. Lonergan was not cited.

[[Page 64809]]

19. Michael B. McClure

    Mr. McClure, 54, has a retinal detachment in his left eye due to an 
injury 33 years ago. His best-corrected visual acuity in the right eye 
is 20/15 and in the left, 20/200. Following an examination in 2004, his 
optometrist certified, ``In my medical opinion he has sufficient vision 
to operate a commercial vehicle.'' Mr. McClure submitted that he has 
driven tractor-trailer combinations for 23 years, accumulating 1.7 
million miles. He holds a Class A CDL from California. His driving 
record for the last 3 years shows one crash and one conviction for a 
moving violation in a CMV. The moving violation was exceeding the speed 
limit by 10 mph. According to the police report for the crash, the 
driver of the other vehicle involved failed to stop for a red traffic 
light and collided with Mr. McClure's vehicle in the intersection. The 
other driver was charged with failing to stop for a red traffic light. 
Mr. McClure was not cited.

20. Lamont S. McCord

    Mr. McCord, 58, has a macular scar in his left eye due to injury at 
age 12. His best-corrected visual acuity in the right eye is 20/20 and 
in the left, hand motion. Following an examination in 2004, his 
ophthalmologist certified, ``In my medical opinion, Lamont McCord has 
ample vision to operate a commercial vehicle.'' Mr. McCord reported 
that he has driven straight trucks for 15 years, accumulating 86,000 
miles, and tractor-trailer combinations for 24 years, accumulating 
902,000 miles. He holds a Class CA CDL from Michigan. His driving 
record for the last 3 years shows no crashes or convictions for moving 
violations in a CMV.

21. Francis M. McMullin

    Mr. McMullin, 38, has amblyopia in his right eye. The best-
corrected visual acuity in his right eye is 20/400 and in the left, 20/
20. His optometrist examined him in 2004 and certified, ``The patient 
has sufficient vision to perform all driving tasks needed to operate a 
commercial vehicle.'' Mr. McMullin submitted that he has driven 
straight trucks for 21 years, accumulating 315,000 miles, and tractor-
trailer combinations for 12 years, accumulating 480,000 miles. He holds 
a Class AM CDL from Pennsylvania. His driving record for the last 3 
years shows no crashes or convictions for moving violations in a CMV.

22. Joe L. Meredith, Jr.

    Mr. Meredith, 37, lost vision in his left eye as a child due to an 
ocular tumor. His visual acuity in the right eye is 20/20. Following an 
examination in 2004, his ophthalmologist noted, ``In my opinion this 
patient has sufficient field of vision and visual acuity to drive a 
commercial motor vehicle over the road.'' Mr. Meredith reported that he 
has driven tractor-trailer combinations for 5 years, accumulating 
600,000 miles. He holds a Class A CDL from Virginia. His driving record 
for the last 3 years shows one crash and two convictions for moving 
violations--both ``failure to obey a traffic sign''--in a CMV. 
According to the police report for the crash, Mr. Meredith's vehicle 
side-swiped another vehicle that was entering the highway from the on 
ramp. The other driver was charged with failing to yield the right of 
way. Mr. Meredith was not cited.

23. Norman Mullins

    Mr. Mullins, 51, has nerve damage in his right eye due to an 
accident in 1980. His visual acuity in the right eye is 20/80 and in 
the left, 20/20. Following an examination in 2004, his optometrist 
certified, ``In my medical opinion, Norman Mullins has sufficient 
vision to operate a commercial vehicle.'' Mr. Mullins reported that he 
has driven straight trucks for 33 years, accumulating 660,000 miles, 
and tractor-trailer combinations for 28 years, accumulating 2.7 million 
miles. He holds a Class A CDL from Ohio. His driving record for the 
last 3 years shows one crash and no convictions for moving violations 
in a CMV. According to the police report for the crash, the other 
vehicle entered the roadway from a controlled intersection and was 
rear-ended by Mr. Mullins' vehicle. The other driver was charged with 
failing to yield the right of way. Mr. Mullins was not cited.

24. Harold W. Mumford

    Mr. Mumford, 60, lost his left eye due to an injury in 1971. The 
visual acuity in his right eye is 20/20. Following an examination in 
2004, his optometrist stated, ``In my opinion, Harold has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Mumford submitted that he has driven straight trucks for 
4 years, accumulating 400,000 miles. He holds a Class C driver's 
license from Kansas. His driving record for the last 3 years shows no 
crashes or convictions for moving violations in a CMV.

25. Charles R. O'Connell

    Mr. O'Connell, 60, underwent surgery for a tumor in his left eye in 
1977. The best-corrected visual acuity in his right eye is 20/25. 
Following an examination in 2004, his ophthalmologist certified, ``In 
my opinion he has more than sufficient vision to perform and operate a 
commercial vehicle.'' Mr. O'Connell reported that he has driven 
straight trucks and tractor-trailer combinations for 42 years, 
accumulating 1.4 million miles in the former and 210,000 miles in the 
latter. He holds a Class A CDL from Massachusetts. His driving record 
for the last 3 years shows no crashes or convictions for moving 
violations in a CMV.

26. Dennis R. O'Dell, Jr.

    Mr. O'Dell, 38, has amblyopia in his right eye. The best-corrected 
visual acuity in his right eye is 20/80 and in the left, 20/30. His 
optometrist examined him in 2004 and certified, ``My opinion, due to 
the fact that he has adjusted over time to use monocular clues for his 
depth of perception, is that I see no reason why he couldn't perform 
his tasks as a commercial driver.'' Mr. O'Dell reported that he has 
driven tractor-trailer combinations for 12 years, accumulating 1.0 
million miles. He holds a Class A CDL from New York. His driving record 
for the last 3 years shows one crash and no convictions for moving 
violations in a CMV. According to the police report, Mr. O'Dell's truck 
was struck by a driver who was entering the highway from an on ramp. 
The report stated the other driver failed to yield the right of way and 
contributed to the crash by failing to control speed. Mr. O'Dell was 
not cited.

27. Virgil A. Potts

    Mr. Potts, 49, has amblyopia in his left eye. The best-corrected 
visual acuity in his right eye is 20/20 and in the left, 20/70. His 
ophthalmologist examined him in 2004 and stated, ``I certify that in my 
medical opinion, Virgil Potts has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Potts 
reported that he has driven straight trucks and tractor-trailer 
combinations for 20 years, accumulating 1.0 million miles in the former 
and 1.6 million miles in the latter. He holds a Class A CDL from 
Colorado. His driving record for the last 3 years shows no crashes or 
convictions for moving violations in a CMV.

28. Clarence H. Redding

    Mr. Redding, 65, experienced a central retinal vein occlusion in 
his right eye in 2000. His visual acuity in the right eye is 20/400 and 
in the left, 20/30. Following an examination in 2004, his optometrist 
certified, ``It is my medical opinion that Mr. Redding has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Redding reported that he

[[Page 64810]]

has driven straight trucks for 3 years, accumulating 79,000 miles, and 
tractor-trailer combinations for 44 years, accumulating 6.2 million 
miles. He holds a Class A CDL from Utah. His driving record for the 
last 3 years shows no crashes or convictions for moving violations in a 
CMV.

29. David J. Triplett

    Mr. Triplett, 42, has amblyopia in his right eye. His best-
corrected visual acuity in the right eye is 20/40 and in the left, 20/
20. Following an examination in 2004, his optometrist certified, ``It 
is my opinion that Mr. Triplett has sufficient vision to perform any 
driving tasks required to operate a commercial vehicle.'' Mr. Triplett 
reported that he has driven straight trucks for 16 years, accumulating 
640,000 miles. He holds a Class A CDL from Kentucky. His driving record 
for the last 3 years shows no crashes or convictions for moving 
violations in a CMV.

Request for Comments

    In accordance with 49 U.S.C. 31315 and 31136(e), the 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 earlier in the 
notice.

    Issued on: November 3, 2004.
Rose A. McMurray,
Associate Administrator, Policy and Program Development.
[FR Doc. 04-24867 Filed 11-5-04; 8:45 am]
BILLING CODE 4910-EX-P