[Federal Register Volume 65, Number 100 (Tuesday, May 23, 2000)]
[Notices]
[Pages 33406-33414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12930]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2000-7165]


Qualification of Drivers; Exemption Applications; Vision

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

[[Page 33407]]


ACTION: Notice of petitions and intent to grant applications for 
exemption; request for comments.

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SUMMARY: This notice announces the FMCSA's preliminary determination to 
grant the applications of 63 individuals for an exemption from the 
vision requirements in the Federal Motor Carrier Safety Regulations 
(FMCSRs). Granting 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 June 22, 2000.

ADDRESSES: Your written, signed comments must refer to the docket 
number at the top of this document, and you must submit the comments to 
the Docket Clerk, U.S. DOT Dockets, Room PL-401, 400 Seventh Street, 
SW., Washington, DC 20590-0001. All comments will be available for 
examination at the above address between 9 a.m. and 5 p.m., e.t., 
Monday through Friday, except Federal holidays. Those desiring 
notification of receipt of comments must include a self-addressed, 
stamped envelope or postcard.

FOR FURTHER INFORMATION CONTACT: For information about the vision 
exemptions in this notice, Ms. Sandra Zywokarte, Office of Bus and 
Truck Standards and Operations, (202) 366-2987; for information about 
legal issues related to this notice, Ms. Judith Rutledge, Office of the 
Chief Counsel, (202) 366-2519, FMCSA, Department of Transportation, 400 
Seventh Street, SW., Washington, DC 20590. Office hours are from 7:45 
a.m. to 4:15 p.m., e.t., Monday through Friday, except Federal 
holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    Internet users may access all comments received by the U.S. DOT 
Dockets, Room PL-401, by using the universal resource locator (URL): 
http://dms.dot.gov. It is available 24 hours each day, 365 days each 
year. Please follow the instructions online for more information and 
help.
    An electronic copy of this document may be downloaded using a modem 
and suitable communications software from the Government Printing 
Office's Electronic Bulletin Board Service at (202) 512-1661. Internet 
users may reach the Office of the Federal Register's home page at: 
http://www.nara.gov/fedreg and the Government Printing Office's 
database at: http://www.access.gpo.gov/nara.

Creation of New Agency

    On December 9, 1999, the President signed the Motor Carrier Safety 
Improvement Act of 1999 (Public Law 106-159, 113 Stat. 1748). The new 
statute established the Federal Motor Carrier Safety Administration in 
the Department of Transportation. On January 4, 2000, the Secretary 
rescinded the authority previously delegated to the Office of Motor 
Carrier Safety (OMCS) (65 FR 220). This authority is now delegated to 
the FMCSA.
    The motor carrier functions of the OMCS' Resource Centers and 
Division (i.e., State) Offices have been transferred to FMCSA Service 
Centers and FMCSA Division Offices, respectively. Rulemaking, 
enforcement, and other activities of the Office of Motor Carrier Safety 
while part of the FHWA, and while operating independently of the FHWA, 
will be continued by the FMCSA. The redelegation will cause no changes 
in the motor carrier functions and operations previously handled by the 
FHWA or the OMCS. For the time being, all phone numbers and addresses 
are unchanged.

Background

    Sixty-three individuals have requested an exemption from the vision 
requirement in 49 CFR 391.41(b)(10), which applies to drivers of CMVs 
in interstate commerce. Under 49 U.S.C. 31315 and 31136(e), the FMCSA 
(and previously the FHWA) may grant an exemption for a renewable 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.'' Accordingly, the FMCSA has evaluated 
each of the 63 exemption requests on its merits, as required by 49 
U.S.C. 31315 and 31136(e), and preliminarily determined that exempting 
these 63 applicants from the vision requirement in 49 CFR 391.41(b)(10) 
is likely to achieve a level of safety equal to, or greater than, the 
level that would be achieved without the exemption.

Qualifications of Applicants

1. Elijah Allen, Jr.

    Mr. Elijah Allen, 36, has amblyopia in his left eye. His best 
corrected visual acuity is 20/20 in the right eye and 20/400 in the 
left eye. He was examined in 1999 by an ophthalmologist who stated, 
``In my opinion, because of his current driving record, I believe he 
has sufficient vision to perform the tasks that he needs in order to 
operate a commercial vehicle.''
    Mr. Allen has driven tractor-trailer combination vehicles for 14 
years, accumulating over 2 million miles. He holds an Arkansas Class A 
CDL. His official driving record shows no accidents or convictions of 
moving violations in a CMV for the past 3 years.

2. Charles Leon Baney

    Mr. Charles Leon Baney, 61, has amblyopia in his right eye. His 
best corrected visual acuity is 20/20 in his left eye and 20/400 in the 
right eye. He was examined in 1999 and his optometrist stated, ``My 
clinical impression is that Mr. Baney's vision is sufficient to perform 
the driving tasks required to operate a commercial vehicle.''
    Mr. Baney has driven straight trucks for 5 years, accumulating 
60,000 miles; tractor-trailer combination vehicles for 6 years, 
accumulating over 540,000 miles; and buses for 2 years, accumulating 
over 4,000 miles. He holds an Illinois CDL. His official driving record 
shows no accidents or convictions of moving violations in a CMV for the 
past 3 years.

3. Walter F. Blair

    Mr. Walter F. Blair, 63, has been blind in his left eye since the 
age of 5 due to trauma. The visual acuity in his right eye is 20/20, 
uncorrected. He was examined in 1999 by an optometrist who stated, ``In 
my medical opinion, this person has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.''
    Mr. Blair has driven straight trucks for 31 years, accumulating 
620,000 miles. He holds a Tennessee Class B CDL. His official driving 
record shows no accidents or convictions of moving violations in a CMV 
during the past 3 years.

4. Jullie A. Bolster

    Ms. Jullie A. Bolster, 50, has had diffuse haze and corneal 
scarring due to severe keratitis in her left eye since 1995. Her best 
corrected visual acuity is 20/20 in her right eye and 20/200 in her 
left eye. She was examined in 1999 by an ophthalmologist who stated, 
``I feel at this time she has sufficient vision to perform driving 
tasks required to operate a commercial vehicle.''
    Ms. Bolster has driven tractor-trailer combination vehicles for 
over 6.5 years, accumulating over 260,000 miles. She holds a Montana 
Class A CDL. Her official driving record shows no accidents or 
convictions of moving violations in a CMV for the last 3 years.

[[Page 33408]]

5. Gary Bryan

    Mr. Gary Bryan, 51, has had an ocular toxoplasmosis scar in his 
right eye since childhood. His best corrected visual acuity is 20/20 in 
the left eye and 20/400 in the right eye. He was examined in 1999 by an 
optometrist who stated, ``His vision is sufficient to perform the 
driving tasks required to operate a commercial vehicle.''
    Mr. Bryan has driven straight trucks for 10 years, accumulating 
250,000 miles and tractor-trailer combination vehicles for 15 years, 
accumulating 525,000 miles. He holds a Montana Class A CDL. His 
official driving record shows no accidents and no convictions of moving 
violations in a CMV for the last 3 years.

6. Timothy John Bryant

    Mr. Timothy John Bryant, 42, has had optic nerve damage in his left 
eye since birth. His best corrected vision is 20/20 in his right eye 
and 20/200 in his left eye. He was examined in 1999 by an 
ophthalmologist who stated, ``I feel that Mr. Bryant's vision is 
adequate to operate a commercial vehicle.''
    Mr. Bryant has operated straight trucks for 10 years, accumulating 
500,000 miles and tractor-trailer combination vehicles for 4 years, 
accumulating over 260,000 miles. He holds a Florida Class A CDL. His 
official driving history shows no accidents or convictions of moving 
violations in a CMV for the last 3 years.

7. Thomas A. Burke

    Mr. Thomas A. Burke, 56, has amblyopia in his left eye. His best 
corrected visual acuity is 20/20 in the right eye and 20/100 in the 
left eye. He was examined in 1999 by an ophthalmologist who stated, 
``In view of his driving record and experience and the fact that 
nothing has changed, that his vision is stable, I feel that he is 
definitely safe to qualify to continue driving a commercial vehicle.''
    Mr. Burke has driven tractor-trailer combination vehicles for 20 
years, accumulating over 425,000 miles. He holds a Michigan Class A 
CDL. His official driving record shows no accidents and no convictions 
of moving violations in a CMV for the last 3 years.

8. Monty Glenn Calderon

    Mr. Monty Glenn Calderon, 34, has amblyopia in his right eye. His 
best corrected visual acuity is 20/20 in his left eye and 20/400 in his 
right eye. According to a 1999 examination, his ophthalmologist stated, 
``Mr. Calderon should be able to operate a commercial vehicle.''
    Mr. Calderon has driven a straight truck for 4 years and has 
accumulated 180,000 miles of driving. He holds an Ohio Class A CDL. His 
official driving record shows no accidents or convictions of moving 
violations in a CMV in the last 3 years.

9. Ronald Lee Carpenter

    Mr. Ronald Lee Carpenter, 56, has amblyopia in his left eye. His 
best corrected visual acuity is 20/20 in his right eye and 20/100 in 
his left eye. He was examined in 1999 by his optometrist who stated, 
``In my opinion, Mr. Carpenter has the visual skills to perform the 
driving tasks required to operate a commercial vehicle.''
    Mr. Carpenter has driven tractor-trailer combination vehicles for 
20 years, totaling 200,000 miles. He holds an Oklahoma CDL. His 
official driving record shows no accidents and no convictions of any 
moving violations in a CMV during the past 3 years.

10. Charles Casey Chapman

    Mr. Charles Casey Chapman, 30, has reduced vision in his right eye 
due to trauma at the age of 10. His best corrected visual acuity is 20/
20 in the left eye and 20/200 in the right eye. He was examined in 1999 
by an optometrist who stated, ``should be able to drive a truck because 
condition has existed over 18 yr. [sic] with no problems.''
    Mr. Chapman has driven straight trucks for 7 years, accumulating 
560,000 miles. He holds a North Carolina Class B CDL. His official 
driving record shows no accidents or convictions of moving violations 
in a CMV for the last 3 years.

11. Milton Coleman

    Mr. Milton Coleman, 52, has been blind in his right eye since the 
age of 3 due to an injury. His best corrected visual acuity in his left 
eye is 20/20. He was examined in 1999 by an optometrist who stated, ``I 
feel Mr. Coleman can safely operate a commercial vehicle if he utilizes 
a compensatory head turn toward R [sic] shoulder to widen his effective 
visual field.''
    Mr. Coleman has driven tractor-trailer combination vehicles for 8 
years, accumulating 4 million miles. He holds a California Class A CDL. 
His official driving record shows one accident. No injury was involved 
and no citations were issued to either party. The driving record shows 
no convictions of moving violations in a CMV for the last 3 years.

12. David Earl Corwin

    Mr. David Earl Corwin, 51, has been blind in his left eye since 
childhood. His best corrected visual acuity is 20/20 in his right eye. 
He was examined in 1999, and his optometrist stated, ``At this time his 
vision is stable and in my opinion sufficient to perform the tasks 
required to operate a commercial vehicle.''
    Mr. Corwin has driven straight trucks for 25 years, accumulating 
over 1.2 million miles. He holds a Idaho CDL. His official driving 
record shows no accidents and no convictions of moving violations in a 
CMV during the past 3 years.

13. Adam D. Craig

    Mr. Adam D. Craig, 56, has macular degeneration in his left eye. 
His best corrected visual acuity is 20/20 in his right eye and 20/200 
in his left eye. According to a 1999 examination, his ophthalmologist 
stated, ``It is my medical opinion that due to the excellent vision in 
the right eye and his full visual fields in both eyes, that Mr. Craig 
should have no restrictions to a commercial vehicle license.''
    Mr. Craig has driven straight trucks for 16 years and tractor-
trailer combination vehicles for 18 years, accumulating over 1.4 
million miles. He holds an Indiana Class A CDL. His official driving 
record for the last 3 years shows no accidents or convictions of moving 
violations in a CMV.

14. Eric L. Dawson, III

    Mr. Eric L. Dawson, 55, has had a corneal scar secondary to herpes 
zoster in his left eye since 1986. His best corrected visual acuity is 
20/20 in his right eye and 20/80 in his left eye. He was examined in 
1999, and his ophthalmologist stated that, in her medical opinion, Mr. 
Dawson has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.
    Mr. Dawson has driven straight trucks for 38 years and tractor-
trailer combination vehicles for 25 years, accumulating over 1.6 
million miles. He holds a North Carolina CDL. His official driving 
record shows no accidents or convictions for moving violations in a CMV 
for the last 3 years.

15. Richard L. Derick

    Mr. Richard L. Derick, 46, has amblyopia in his left eye. His best 
corrected visual acuity is 20/20 in the right eye and 20/400 in the 
left eye. He was examined in 1999 by an optometrist who stated, ``I do 
not feel that the central visual condition in his left eye will 
significantly detract from his ability to safely drive a commercial 
vehicle, if at all.''
    Mr. Derick has driven straight trucks for 4 years, accumulating 
120,000 miles and tractor-trailer combination vehicles

[[Page 33409]]

for 12 years, accumulating over 1.2 million miles. He holds a New 
Hampshire Class A CDL. His official driving record shows no accidents 
and no convictions of moving violations in a CDL for the last 3 years.

16. Joseph A. Dunlap

    Mr. Joseph A. Dunlap, 34, has amblyopia in his left eye. His best 
corrected visual acuity is 20/20 in the right eye and 20/80- in the 
left eye. He was examined in 1999 and his ophthalmologist stated, ``He, 
to my knowledge, has an excellent driving record with no history of 
accidents or traffic violations. This record has been achieved with his 
present visual status, and as long as the results of his current visual 
exam meet your requirements, I see no reason why he cannot continue to 
drive a commercial vehicle.''
    Mr. Dunlap has driven straight trucks for 13 years and tractor-
trailer combination vehicles for 9 years, accumulating over 600,000 
miles. He holds an Ohio CDL. His official driving record shows no 
accidents or convictions of moving violations in a CMV for the last 3 
years.

17. John C. Edwards, Jr.

    Mr. John C. Edwards, 63, has longstanding macular scarring in his 
right eye. His best corrected visual acuity is 20/40 in his left eye 
and 20/400 in his right eye. He was examined in 1999, and his 
ophthalmologist stated, ``In my opinion Mr. Edwards' vision has not 
deviated and has been stable for well over ten years. I expect his 
vision to remain that way. I feel he has maintained the ability to 
operate a commercial vehicle.''
    Mr. Edwards has driven straight trucks for 8 years and tractor-
trailer combination vehicles for 26 years, accumulating over 3 million 
miles. He holds a Mississippi CDL. His official driving record shows no 
accidents or convictions of moving violations in a CMV in the last 3 
years.

18. Calvin J. Eldridge

    Mr. Calvin J. Eldridge, 55, is blind in his right eye due to an 
injury at age twelve. His best corrected visual acuity in his left eye 
is 20/15. He was examined by his optometrist in 1999 who stated, ``In 
my opinion, Calvin Eldridge has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.''
    Mr. Eldridge has driven tractor-trailer combination vehicles for 27 
years and a total of 2.7 million miles. He has a Washington CDL. His 
official driving record shows no accidents and 2 non-serious speeding 
violations in a CMV during the past 3 years.

19. Ronald G. Ellwanger

    Mr. Ronald G. Ellwanger, 65, has macular degeneration in his right 
eye. His best corrected visual acuity is 20/20 in the left eye and 20/
80 in the right eye. He was examined in 1999 and his ophthalmologist 
stated, ``I certify that this patient has sufficient vision to safely 
perform the driving tasks required to operate a commercial vehicle.''
    Mr. Ellwanger has driven straight trucks for 40 years, accumulating 
at least 2 million miles during that period. He holds a Virginia CDL. 
His official driving record shows no accidents or convictions of moving 
violations in a CMV during the last 3 years.

20. Marcellus Albert Garland

    Mr. Marcellus Albert Garland, 61, has been blind in his left eye 
due to an accident since 1967. His best corrected visual acuity in his 
right eye is 20/20. He was examined by an optometrist in 1999 who 
stated, ``In my professional opinion Mr. Garland has sufficient visual 
function to perform the driving tasks required to operate a commercial 
vehicle.''
    Mr. Garland has driven straight trucks for 3 years, accumulating 
90,000 miles and tractor-trailer combination vehicles for 31 years, 
accumulating 2.5 million miles. He holds a California Class A CDL. His 
official driving record shows 1 accident in a CMV in which there were 
no injuries and no citations issued. It also shows one speeding 
violation in a CMV during the last 3 years.

21. George J. Ghigliotty

    Mr. George J. Ghigliotty, 56, has amblyopia in his right eye. His 
best corrected visual acuity is 20/20 in the left eye and 20/60 in the 
right eye. He was examined in 1999 by an optometrist who stated, ``It 
is my opinion that this patient has sufficient vision to drive a 
commercial vehicle.''
    Mr. Ghigliotty has driven tractor-trailer combination vehicles for 
38 years, accumulating 3.8 million miles. He holds a Florida Class A 
CDL. His official driving record shows no accidents or convictions of 
moving violations in a CMV for the past 3 years.

22. Ronald E. Goad

    Mr. Ronald E. Goad, 53, has worn a prosthesis in his left eye since 
1956 due to an accident. His best corrected visual acuity in his right 
eye is 20/20. He was examined by his optometrist in 1999 who stated, 
``Mr. Ronald Goad has sufficient vision to operate a commercial 
vehicle.''
    Mr. Goad has driven straight trucks for 33 years totaling more than 
260,000 miles and tractor-trailer combination vehicles for 10 years, 
having accumulated anywhere between 5,000 and 75,000 miles per year, 
depending on the company for which he was employed. He holds a Maryland 
CDL. His official driving record shows no accidents or convictions of 
moving violations in a CMV during the past 3 years.

23. Steven F. Grass

    Mr. Steven F. Grass, 30, has been blind in his left eye since the 
age of 2 due to injury. His best corrected visual acuity in his right 
eye is 20/20. He was examined in 1999 by an optometrist who stated, 
``Mr. Grass is very well adapted to using only the vision in his right 
eye. He is able to function normally. I believe that there is no reason 
for him to not be able to operate a commercial vehicle safely.''
    Mr. Grass has operated tractor-trailer combination vehicles for 6 
years, accumulating over 300,000 miles and straight trucks for 1 year, 
accumulating 10,000 miles. He holds a New Mexico Class A CDL. His 
official driving record shows no accidents and one conviction of a 
moving violation (Failure to Obey Traffic Signal/Light) in a CMV during 
the last 3 years.

24. Randolph D. Hall

    Mr. Randolph D. Hall, 59, has had reduced vision in his right eye 
since childhood, probably as the result of an infection of the macula. 
His best corrected visual acuity is 20/20 in his left eye and 20/800 in 
his right eye. He was examined in 1999 by an optometrist who stated, 
``In my opinion, with his excellent vision in his left eye and great 
peripheral vision in both eyes, there is no reason why he can't operate 
a commercial truck and trailer.''
    Mr. Hall has operated tractor-trailer combination vehicles for 29 
years, accumulating over 2 million miles. He holds a Florida Class A 
CDL. His official driving record shows no accidents and no convictions 
of moving violations in a CMV for the past 3 years.

25. Reginald I. Hall

    Mr. Reginald I. Hall, 43, has amblyopia in his left eye. His best 
corrected visual acuity is 20/20 in the right eye and 20/200 in the 
left eye. He was examined in 1999 by an ophthalmologist who stated, 
``Based upon my medical opinion, Mr. Hall has shown an exemplary 
driving record and has sufficient vision to operate a commercial 
vehicle.''

[[Page 33410]]

    Mr. Hall has driven straight trucks for 12 years, accumulating 
432,000 miles and tractor-trailer combination vehicles for 10 years, 
accumulating 540,000 miles. He holds a Texas Class A CDL. His official 
driving record shows no accidents and no convictions of moving 
violations in a CMV for the last 3 years.

26. Sherman William Hawk, Jr.

    Mr. Sherman William Hawk, Jr., 48, has a long-standing retinal scar 
in his left eye. His best corrected visual acuity is 20/20 in his right 
eye and 20/150 in his left eye. He was examined in 1999 by an 
optometrist who stated, ``In my professional opinion, Mr. Hawk 
possesses sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.''
    Mr. Hawk has driven straight trucks for 13 years, accumulating over 
800,000 miles and tractor-trailer combination vehicles for 10 years, 
accumulating 600,000 miles. He holds a Maryland Class AM CDL. His 
official driving record shows no accidents and no convictions of moving 
violations in a CMV for the last 3 years.

27. Daniel J. Hillman

    Mr. Daniel J. Hillman, 56, has a history of retinal disease which 
has caused a significant loss of visual acuity in the right eye. His 
best corrected vision is 20/25-3 in the left eye and 20/70 in the right 
eye. He was examined in 1999 by an optometrist who stated, ``I feel 
Daniel Hillman is visually capable of performing well as a commercial 
driver.''
    Mr. Hillman has driven tractor-trailer combination vehicles for 28 
years, accumulating 2.8 million miles. He holds a Washington Class A 
CDL. His official driving record shows no accidents or convictions of 
moving violations in a CMV for the last 3 years.

28. Gordon William Howell

    Mr. Gordon William Howell, 45, has been blind in his right eye for 
the last 10 years. His best visual acuity in his left eye is 20/20 
uncorrected. He was examined by an ophthalmologist in 1999 who stated, 
``He has been driving commercial last 12 yr [sic] so it is my opinion 
he has sufficient vision to do so.''
    Mr. Howell has driven tractor-trailer combination vehicles for 22 
years, accumulating more than 330,000 miles. He holds a Washington 
Class A CDL. His official driving record shows no accidents or 
convictions of moving violations in a CMV for the last 3 years.

29. Roger Louis Jacobson

    Mr. Roger Louis Jacobson, 72, suffered permanent, stable visual 
loss in his right eye as the result of an accident in 1968. His best 
corrected visual acuity is 20/20 in the left eye and light perception 
in the right eye. He was examined in 1999 by an ophthalmologist who 
stated, ``Mr. Jacobson's long standing visual acuity and performance as 
a monocular driver more than qualifies him to operate a commercial 
motor vehicle throughout the United States.''
    Mr. Jacobson has driven straight trucks for 4 years, accumulating 
4,800 miles and tractor-trailer combination vehicles for 49 years, 
accumulating over 4 million miles. He holds an Arizona Class A CDL. His 
official driving record shows no accidents or convictions of moving 
violations in a CMV for the last 3 years.

30. Robert C. Jeffres

    Mr. Robert C. Jeffres, 58, has been blind in his left eye due to 
injury since 1991. His best corrected visual acuity is 20/15 in the 
right eye. He was examined by an optometrist in 1999 who stated, ``In 
my medical opinion Robert Jeffres has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.''
    Mr. Jeffres has driven straight trucks for 41 years, accumulating 
205,000 miles and tractor-trailer combination vehicles for 30 years, 
accumulating 2.4 million miles. He holds a Wyoming Class A CDL. His 
official driving record shows no accidents or convictions of moving 
violations in a CMV for the last 3 years.

31. Alfred C. Jewell, Jr.

    Mr. Alfred C. Jewell, Jr., 45, has amblyopia in his right eye. His 
best corrected visual acuity is 20/20+ in the left eye and 20/100- in 
the right eye. He was examined in 1999 by an optometrist who stated, 
``This patient has been driving commercial vehicles all of his adult 
life. There have been no visual decreases during that time. I feel that 
for this individual, the vision is sufficient.''
    Mr. Jewell has driven tractor-trailer combination vehicles for 27 
years, accumulating over 3.7 million miles. He holds a Wyoming Class A 
CDL. His official driving record shows no accidents or convictions of 
moving violations in a CMV for the last 3 years.

32. Anton R. Kibler

    Mr. Anton R. Kibler, 46, has amblyopia in his right eye. His best 
corrected vision is 20/20 in his left eye and 20/100+ in his right eye. 
He was examined by an optometrist in 1999 who stated, ``In my opinion, 
applicant has sufficient vision to perform the driving tasks required 
to operate a commercial vehicle.''
    Mr. Kibler has driven straight trucks for 29 years, accumulating 
667,000 miles. He holds a Delaware Class B CDL. His official driving 
record shows no accidents or convictions of moving violations in a CMV 
during the last 3 years.

33. James Alonzo Kneece

    Mr. James Alonzo Kneece, 67, has had poor vision in his left eye 
due to injury since childhood. He has optic nerve damage in that eye 
and scarring of the retina in the centrally located area. His best 
corrected visual acuity is 20/20 in the right eye and 20/400 in the 
left eye. He was examined by an ophthalmologist in 1999 who stated, ``I 
think because of his lifelong adaptation to the poor vision in the left 
eye, he is qualified to operate a commercial vehicle.''
    Mr. Kneece has driven straight trucks for 2 years, accumulating 
120,000 miles and tractor-trailer combination vehicles for 40 years, 
accumulating 3.6 million miles. He holds a Georgia Class A CDL. His 
official driving record shows no accidents and no convictions of moving 
violations in a CMV for the last 3 years.

34. Ronnie L. LeMasters

    Mr. Ronnie L. LeMasters, 48, has amblyopia in his left eye. His 
best corrected visual acuity is 20/20 in the right eye and 20/400 in 
the left eye. He was examined in 1999, and his optometrist stated, 
``Mr. LeMasters congenital amblyopia is stable and should not affect 
his ability to drive a commercial vehicle.''
    Mr. LeMasters has driven straight trucks for 26 years, accumulating 
more than 545,000 miles. He holds a West Virginia CDL. His official 
driving record shows no accidents or convictions for moving violations 
in a CMV for the last 3 years.

35. Samuel Joseph Long

    Mr. Samuel Joseph Long, 33, has been blind in his right eye since 
1971. His uncorrected vision in his left eye is 20/15. He was examined 
by an ophthalmologist in 1999 who stated, ``It is my opinion that Mr. 
Long's vision is sufficient to perform the driving tasks required to 
operate a commercial vehicle.''
    Mr. Long has driven straight trucks for 6 years and a total of 
360,000 miles. He holds a Florida Class D license. His official driving 
record shows no accidents or convictions of moving violations in a CMV 
for the last 3 years.

[[Page 33411]]

36. Steven G. Luther

    Mr. Steven G. Luther, 47, has a diagnosis of ocular histoplasmosis 
in his right eye. His visual acuity is 20/20 in the left eye and 20/200 
in the right eye. He was examined by an ophthalmologist in 1999 who 
stated, ``I think also that he has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.''
    Mr. Luther has driven straight trucks for 25 years, accumulating 
837,500 miles and tractor-trailer combination vehicles for 8 years, 
accumulating 8,000 miles. He holds an Iowa Class A CDL. His official 
driving record shows no accidents or convictions of moving violations 
in a CMV during the past 3 years.

37. Lewis V. McNeice

    Mr. Lewis V. McNeice, 52, has been monocular since his right eye 
was removed approximately 34 years ago. His best corrected visual 
acuity in his left eye is 20/15. He was examined by his optometrist in 
1999 who stated, ``I believe Mr. McNeice has sufficient vision to drive 
commercially.''
    Mr. McNeice has driven straight trucks for 34 years and tractor-
trailer combination vehicles for 25 years for a total of over 3.1 
million miles. He holds a Texas CDL. His official driving record for 
the last 3 years shows no accidents or convictions of moving violations 
in a CMV.

38. Barry B. Morgan

    Mr. Barry B. Morgan, 57, has amblyopia in his left eye. His best 
corrected visual acuity is 20/15 in his right eye and 20/300 in his 
left eye. He was examined in 1999 by an optometrist who stated, ``My 
impression of Mr. Morgan is that he is intelligent, alert, and 
thoughtful, and that he is capable, with his vision, of operating a 
commercial vehicle.''
    Mr. Morgan has driven straight trucks and tractor-trailer 
combination vehicles for 6 years, accumulating 33,600 miles. He holds a 
Washington Class B CDL. His official driving record shows no accidents 
or convictions of moving violations in a CMV for the last 3 years.

39. Richard O'Neal, Jr.

    Mr. Richard O'Neal, 68, has been blind in his right eye due to 
injury since approximately 1969. His best corrected visual acuity in 
his left eye is 20/20. He was examined in 1999, and his ophthalmologist 
stated, ``it is my medical opinion that he has sufficient vision to 
perform the driving task required to operate a commercial vehicle.''
    Mr. O'Neal has driven tractor-trailer combination vehicles for 20 
years, accumulating over 800,000 miles. He holds an Indiana CDL. His 
official driving record shows no accidents or convictions of moving 
violations in a CMV during the past 3 years.

40. Dewey Owens, Jr.

    Mr. Dewey Owens, Jr., 75, has worn a prosthesis in his right eye 
for at least 13 years since his current optometrist has been treating 
him. His best corrected visual acuity is 20/20 in his left eye. He was 
examined in 1999, and his optometrist stated, ``I feel that Mr. Owens 
certainly has sufficient vision to continue to operate a commercial 
vehicle as he had demonstrated for all the years that I have known 
him.''
    Mr. Owens has driven tractor-trailer combination vehicles of over 
50 years and has accumulated over 5.5 million miles. He holds an 
Alabama Class AM CDL. His official driving record shows no accidents or 
convictions of moving violations in a CMV for the last 3 years.

41. Richard E. Perry

    Mr. Richard E. Perry, 47, suffered trauma to the left eye as a 
child, leaving him with severely reduced vision in that eye. His best 
visual acuity is 20/20 in the right eye (uncorrected) and count fingers 
in the left. He was examined in 1999, and his ophthalmologist stated, 
``I certify, in my opinion, that his [Mr. Perry's] vision is sufficient 
to perform the driving test required to operate a commercial vehicle.''
    Mr. Perry has driven straight trucks for 3 years, accumulating 
75,000 miles and tractor-trailer combination vehicles for 20 years, 
accumulating 2.5 million miles. He holds a California CDL. His official 
driving record shows no convictions of moving violations in a CMV in 
the last 3 years. He was involved in one accident in a CMV in the last 
3 years. In the accident the other driver involved was charged with an 
unsafe lane change. Mr. Perry was not charged with any violation.

42. Douglas McArthur Potter

    Mr. Douglas McArthur Potter, 58, suffered a retinal detachment in 
his left eye in August 1995. His best corrected visual acuity is 20/20 
in the right eye and hand motion in the left eye. He was examined in 
1999 by an ophthalmologist who stated, ``I see no reason why his vision 
would preclude him from operating a commercial vehicle.''
    Mr. Potter has driven tractor-trailer combination vehicles for 30 
years, accumulating 2.4 million miles and straight trucks for 41 years, 
accumulating 205,000 miles. He holds a Colorado Class A CDL. His 
official driving record shows one accident and no convictions of moving 
violations in a CMV for the last 3 years. There were no injuries in the 
accident and no citations were issued to Mr. Potter. The driver of the 
other vehicle involved received a citation for careless driving.

43. Gregory Martin Preves

    Mr. Gregory Martin Preves, 47, has worn a prosthesis in his right 
eye since he was 20 years old. The visual acuity in his left eye is 20/
20, corrected and uncorrected. He was examined in 1999 by an 
optometrist who stated, ``Mr. Preves definitely has sufficient vision 
to perform the tasks required to operate a commercial vehicle.''
    Mr. Preves has driven straight trucks and tractor-trailer 
combination vehicles for 9 years, accumulating approximately 450,000 
miles. He holds a Georgia Class A CDL. His official driving record 
shows no accidents and no convictions of moving violations in a CMV for 
the last 3 years.

44. James M. Rafferty

    Mr. James M. Rafferty, 38, has been blind in his right eye since 
1974 due to trauma. His best corrected visual acuity is 20/15 in his 
right eye. He was examined in 1999 by an ophthalmologist who stated, 
``In my opinion, Mr. Rafferty has sufficient visual function to perform 
the driving tasks required to operate a commercial vehicle.''
    Mr. Rafferty has driven straight trucks for 15 years, accumulating 
more than 1.2 million miles; tractor-trailer combination vehicles for 2 
years, accumulating 10,000 miles; and buses for 1 year, accumulating 
5,000 miles. He holds a New Hampshire Class A-MC CDL. His official 
driving record shows no accidents and no convictions of moving 
violations in a CMV for the last 3 years.

45. Paul C. Reagle, Sr.

    Mr. Paul C. Reagle, 64, has age-related macular changes in his left 
eye, causing decreased vision. His best corrected visual acuity is 20/
30 in the right eye and 20/100 in the left eye. He was examined in 1999 
by his ophthalmologist who stated, ``I support Mr. Reagle's application 
for continued use of a commercial drivers license and any questions 
should be directed to my Mays Landing office.''
    Mr. Reagle has driven straight trucks for 10 years and 200,000 
miles; tractor-trailer combination vehicles for 44 years and 2.8 
million miles; and buses for 30 years totaling 600,000 miles. He holds 
a

[[Page 33412]]

CDL from New Jersey. His official driving record shows no accidents or 
convictions of moving violations in a CMV for the past 3 years.

46. Glenn E. Robbins

    Mr. Glen E. Robbins, 55, has been blind in his right eye since an 
automobile accident in 1963. His best corrected visual acuity is 20/20 
in the left eye. He was examined in 1999 by an ophthalmologist who 
stated, ``I hereby certify that Mr. Robbins has sufficient vision to 
perform the duties of his work in a commercial motor vehicle in a 
normal manner without endangering himself or the general public.''
    Mr. Robbins has driven straight trucks for 5 years, accumulating 
350,000 miles and tractor-trailer combination vehicles for 29 years, 
accumulating 2.9 million miles. He holds a Wyoming Class ATX CDL. His 
official driving record shows no accidents and no convictions of moving 
violations in a CMV for the last 3 years.

47. Daniel Salinas

    Mr. Daniel Salinas, 43, has amblyopia in his left eye. His best 
corrected visual acuity is 20/15 in the right eye and 20/400 in the 
left eye. He was examined in 1999 by an optometrist who stated, 
``Daniel has sufficient vision to continue to perform the driving tasks 
required to operate a commercial vehicle.''
    Mr. Salinas has driven straight trucks for 26 years, accumulating 
2.6 million miles and tractor-trailer combination vehicles for 15 
years, accumulating 1.7 million miles. He holds an Oregon Class A CDL. 
His official driving record shows no accidents and no convictions of a 
moving violation in a CMV for the last 3 years.

48. Salvador Sarmiento

    Mr. Salvador Sarmiento, 49, has amblyopia in the right eye. His 
best corrected visual acuity is 20/20 in the left eye and 20/80 in the 
right eye. He was examined in 1999 by an optometrist who stated, ``His 
ability to operate a commercial [vehicle] is not compromised with his 
ocular condition.''
    Mr. Sarmiento has driven tractor-trailer combination vehicles for 
29 years, accumulating 870,000 miles and straight trucks for 5 years, 
accumulating 90,000 miles. He holds a Texas Class A CDL. His official 
driving record shows no accidents and no convictions of moving 
violations in a CMV in the last 3 years.

49. Wayne Richard Sears

    Mr. Wayne Richard Sears, 39, has had a macular scar in his right 
eye for approximately 10 years. His visual acuity is 20/20 in the left 
eye and 20/300 in the right eye. He was examined in 1999 by an 
optometrist who stated, ``I believe that Mr. Sears can certainly see 
well enough to continue driving in a commercial vehicle.''
    Mr. Sears has driven tractor-trailer combination vehicles for 16 
years, accumulating 1.6 million miles and straight trucks for 2 years, 
accumulating 200,000 miles. He holds a Texas Class A CDL. His official 
driving record shows no accidents or convictions of moving violations 
in a CMV for the last 3 years.

50. Garry R. Setters

    Mr. Garry R. Setters, 45, has amblyopia in his right eye. His best 
corrected visual acuity is 20/20 in the left eye and 20/60 in the right 
eye. He was examined in 1999 by an ophthalmologist who stated, ``This 
patient has mild amblyopia of the right eye and, in my medical opinion, 
his vision is sufficient to perform his driving task with a commercial 
vehicle.''
    Mr. Setters has driven a straight truck for 22 years, accumulating 
770,000 miles. He holds a Kentucky Class DA License. His official 
driving record shows no accidents or convictions of moving violations 
in a CMV for the last 3 years.

51. Hoyt M. Shamblin

    Mr. Hoyt M. Shamblin, 41, has had a corneal scar in his right eye 
due to injury since age 5. His best corrected visual acuity is 20/20 (-
1) in his left eye and 20/200 in his right eye. He was examined in 1999 
by an optometrist who stated, ``It is my opinion that Mr. Shamblin has 
the ability to safely operate a commercial vehicle for the tasks 
described necessary for his present employment.''
    Mr. Shamblin has driven straight trucks for 5 years, accumulating 
130,000 miles. He holds a Georgia Class BM license. His official 
driving record shows no accidents or convictions of moving violations 
in a CMV for the last 3 years.

52. Lee Russell Sidwell

    Mr. Lee Russell Sidwell, 37, has amblyopia in his left eye. His 
best corrected visual acuity is 20/15 in the right eye and 20/60 in the 
left eye. He was examined in 1999 by an optometrist who stated, ``This 
letter certifies that in my medical opinion Lee Sidwell has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.''
    Mr. Sidwell has driven both straight trucks and tractor-trailer 
combination vehicles for 11 years, accumulating 627,000 miles. He holds 
an Ohio Class A CDL. His official driving record shows no accidents and 
no convictions of moving violations in a CMV for the last 3 years.

53. Jesse M. Sikes

    Mr. Jesse M. Sikes, 61, has been blind in his right eye since the 
age of 8 due to injury. His best corrected visual acuity is 20/20 in 
the left eye. He was examined by an optometrist in 1999 who stated, 
``In my opinion Mr. Sikes can safely operate a commercial vehicle as 
well now as he has for the last several years.''
    Mr. Sikes has driven straight trucks and tractor-trailer 
combination vehicles for 30 years, accumulating 1.5 million miles. He 
holds a Wyoming Class A CDL. His official driving record shows no 
accidents or convictions of moving violations in a CMV for the last 3 
years.

54. Harold A. Sleesman

    Mr. Harold A. Sleesman, 68, has scarring in the central retina of 
the left eye which has been present since childhood. His best corrected 
visual acuity is 20/20 in the right eye and count fingers in the left 
eye. He was examined by an optometrist in 1999 who stated, ``Based on 
the above findings, it is my opinion that Mr. Sleesman should have no 
trouble continuing to perform the tasks required in operating a 
commercial vehicle.''
    Mr. Sleesman has driven straight trucks for 26 years, accumulating 
910,000 miles. He holds an Indiana Class A-NT CDL. His official driving 
record shows no accidents or convictions of moving violations in a CMV 
for the last 3 years.

55. James E. Smith

    Mr. James E. Smith, 43, has amblyopia in his left eye. His best 
corrected visual acuity is 20/20 in his right eye and 20/80 in his left 
eye. He was examined in 1999, and his optometrist stated, ``Mr. Smith 
is able to be a safe commercial driver and is no threat on the road.''
    Mr. Smith has driven both straight trucks and tractor-trailer 
combination vehicles for 17 years, accumulating approximately 415,000 
miles. He holds a Missouri CDL. His official driving record shows no 
accidents or convictions of moving violations in a CMV in the last 3 
years.

56. Daniel A. Sohn

    Mr. Daniel A. Sohn, 44, has congenital decreased visual acuity in 
his right eye. His best corrected visual acuity is 20/20 in the left 
eye and 20/70 in the right eye. He was examined in

[[Page 33413]]

1999 by an optometrist who stated, ``My medical opinion is that he 
certainly has sufficient vision to perform the driving tasks required 
to operate a commercial vehicle.''
    Mr. Sohn has driven straight trucks and tractor-trailer combination 
vehicles for 14 years, accumulating 1.6 million miles. He holds a 
Wisconsin Class ABCDM CDL. His official driving record shows no 
accidents and no convictions of moving violations in a CMV for the last 
3 years.

57. Denney Vern Traylor

    Mr. Denney Vern Traylor, 42, has amblyopia in his left eye. His 
visual acuity is 20/20 in the right eye and 20/200 in the left eye. He 
was examined by an ophthalmologist in 1999 who stated, ``Based on my 
examination of his eyes, it is my opinion that he has sufficient vision 
to operate a commercial vehicle.''
    Mr. Traylor has driven tractor-trailer combination vehicles for 14 
years, accumulating over 1.3 million miles. He holds a California Class 
AM CDL. His official driving record shows no accidents and 1 conviction 
for a moving violation in a CMV during the last 3 years. The conviction 
was for failure to obey a traffic sign.

58. Noel Stuart Wangerin

    Mr. Noel Stuart Wangerin, 63, has been blind in his left eye since 
1941 due to injury. His best corrected visual acuity is 20/20 in his 
right eye. He was examined in 1999 by an optometrist who stated, ``Mr. 
Wangerin has 20/20 vision which is sufficient to perform the driving 
tasks required to operate a commercial vehicle.''
    Mr. Wangerin has driven straight trucks for 7 years, accumulating 
140,000 miles and tractor-trailer combination vehicles for 25 years, 
accumulating 2.0 million miles. He holds an Illinois Class A CDL. His 
official driving record shows no accidents or convictions of moving 
violations in a CMV for the last 3 years.

59. Brian W. Whitmer

    Mr. Brian W. Whitmer, 43, has amblyopia in his right eye. His best 
corrected visual acuity is 20/20 in his left eye and 20/200 in his 
right eye. He was examined in 1999 by his optometrist who stated, 
``Since he has been a successful commercial driver for many years, it 
is my opinion that he has sufficient vision to continue performing 
commercial driving tasks.''
    Mr. Whitmer has driven tractor-trailer combination vehicles for 4 
years and 10 months, totaling approximately 300,000 miles. He holds an 
Ohio CDL. His official driving record shows no accidents or convictions 
of moving violations in a CMV during the past 3 years.

60. Jeffrey D. Wilson

    Mr. Jeffrey D. Wilson, 23, has been blind in his right eye since 
birth as the result of optic nerve pits. His best corrected vision is 
20/15 in his left eye. He was examined by an optometrist in 1999 who 
stated, ``It is my opinion that Mr. Jeffrey Wilson has sufficient 
vision to be able to safely operate a commercial vehicle and should be 
granted an exemption from the Federal vision standard.''
    Mr. Wilson has driven tractor-trailer combination vehicles for 4 
years, accumulating 400,000 miles. He holds a Colorado Class A CDL. His 
official driving record shows no accidents and no convictions of moving 
violations in a CMV for the last 3 years.

61. Joseph F. Wood

    Mr. Joseph F. Wood, 29, has amblyopia in his left eye. His best 
corrected visual acuity is 20/20 in his right eye and 20/60 in his left 
eye. He was examined in 1999, and his optometrist stated, ``I certify 
that in my opinion, Joseph Wood's vision is sufficient to perform the 
driving tasks required to operate a commercial vehicle.''
    Mr. Wood has driven straight trucks for 6 years, accumulating 
approximately 300,000 miles. He holds a Mississippi CDL. His official 
driving record shows no accidents or convictions of moving violations 
in a CMV for the past 3 years.

62. William E. Woodhouse

    Mr. William E. Woodhouse, 41, sustained a corneal ulcer on his 
right eye in June 1992. His best corrected visual acuity is 20/400, 
pinholing to 20/200 in the right eye and 20/20 in the left eye 
uncorrected. He was examined in 1999 by an ophthalmologist who stated, 
``My medical opinion is that he has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.''
    Mr. Woodhouse has driven tractor-trailer combination vehicles for 
11 years, accumulating over 1.3 million miles. He holds an Illinois 
Class A CDL. His official driving record shows no accidents and no 
convictions of moving violations in a CMV for the last 3 years.

63. Rick A. Young

    Mr. Rick A. Young, 39, has been blind in his left eye since 1982 
due to injury. The visual acuity in his right eye is 20/20. He was 
examined in 1999 by an ophthalmologist who stated, ``I feel he has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle and has been doing this in the past with this level 
of vision.''
    Mr. Young has driven straight trucks for 16 years, accumulating 
400,000 miles and tractor-trailer combination vehicles for 10 years, 
accumulating 150,000 miles. He holds an Indiana Class A CDL. His 
official driving record shows no accidents and no convictions of moving 
violations in a CMV for the last 3 years.

Basis for Preliminary Determination To Grant Exemptions

    Independent studies support the principle that past driving 
performance is a reliable indicator of an individual's future safety 
record. The studies are filed in FHWA Docket No. FHWA-97-2625 and 
discussed at 63 FR 1524, 1525 (January 9, 1998). We believe we can 
properly apply the principle to monocular drivers because data from the 
vision waiver program clearly demonstrate the driving performance of 
monocular drivers in the program is better than that of all CMV drivers 
collectively. (See 61 FR 13338, March 26, 1996.) That monocular drivers 
in the waiver program demonstrated their ability to drive safely 
supports a conclusion that other monocular drivers, with qualifications 
similar to those required by the waiver program, can also adapt to 
their vision deficiency and operate safely.
    The 63 applicants have qualifications similar to those possessed by 
drivers in the waiver program. Their experience and safe driving record 
operating CMVs demonstrate that they have adapted their driving skills 
to accommodate their vision deficiency. Since past driving records are 
reliable precursors of the future, there is no reason to expect these 
individuals to drive less safely after receiving their exemptions. 
Indeed, there is every reason to expect at least the same level of 
safety, if not a greater level, because the applicants can have their 
exemptions revoked if they compile an unsafe driving record.
    For these reasons, the FMCSA believes exempting the individuals 
from 49 CFR 391.41(b)(10) is likely to achieve a level of safety equal 
to, or greater than, the level that would be achieved without the 
exemption as long as vision in their better eye continues to meet the 
standard specified in 391.41(b)(10). As a condition of the exemption, 
therefore, the FMCSA proposes to impose requirements on the individuals 
similar to the grandfathering provisions in 49 CFR 391.64(b) applied to 
drivers who participated in the agency's former vision waiver program.

[[Page 33414]]

    These requirements are as follows: (1) That each individual be 
physically examined every year (a) by an ophthalmologist or optometrist 
who attests that vision in the better eye meets the standard in 49 CFR 
391.41(b)(10), and (b) by a medical examiner who attests the individual 
is otherwise physically qualified under 49 CFR 391.41; (2) that each 
individual provide a copy of the ophthalmologist's or optometrist's 
report to the medical examiner at the time of the annual medical 
examination; and (3) that each individual provide a copy of the annual 
medical certification to his or her employer for retention in its 
driver qualification file or keep a copy in his or her driver 
qualification file if he or she becomes self-employed. The driver must 
also have a copy of the certification when driving so it may be 
presented to a duly authorized Federal, State, or local enforcement 
official.
    In accordance with 49 U.S.C. 31315 and 31136(e), the proposed 
exemption for each person will be valid for 2 years unless revoked 
earlier by the FMCSA. The exemption will be revoked if: (1) The person 
fails to comply with the terms and conditions of the exemption; (2) the 
exemption has resulted in a lower level of safety than was maintained 
before it was granted; or (3) continuation of the exemption would not 
be consistent with the goals and objectives of 49 U.S.C. 31315 and 
31136. If the exemption is effective at the end of the 2-year period, 
the person may apply to the FMCSA for a renewal under procedures in 
effect at that time.

Request for Comments

    In accordance with 49 U.S.C. 31315 and 31136(e), the FMCSA is 
requesting public comment from all interested persons on the exemption 
petitions and the matters discussed in this notice. All comments 
received before the close of business on the closing date indicated 
above will be considered and will be available for examination in the 
docket room at the above address. Comments received after the closing 
date will be filed in the docket and will be considered to the extent 
practicable, but the FMCSA may issue exemptions from the vision 
requirement to the 63 applicants and publish in the Federal Register a 
notice of final determination at any time after the close of the 
comment period. In addition to late comments, the FMCSA will also 
continue to file in the docket relevant information which becomes 
available after the closing date. Interested persons should continue to 
examine the docket for new material.

    Authority: 49 U.S.C. 322, 31136 and 31315; 49 CFR 1.73.

    Issued on: May 15, 2000.
Julie Anna Cirillo,
Acting Deputy Administrator, Federal Motor Carrier Safety 
Administration.
[FR Doc. 00-12930 Filed 5-22-00; 8:45 am]
BILLING CODE 4910-22-P