33406 Federal Register / Vol. 65, No. 100 / Tuesday, May 23, 2000 / Notices

adequate predictor of future safe

performance.

117. Michael L. Eckstein, Sr.

Mr. Eckstein does not have sufficient

driving experience over the past 3 years

under normal highway operating

conditions that would serve as an

adequate predictor of future safe

performance.

118. Michael T. Howes

Mr. Howes does not have sufficient

driving experience over the past 3 years

under normal highway operating

conditions that would serve as an

adequate predictor of future safe

performance.

119. Peter D. Wehner

Mr. Wehner does not have sufficient

driving experience over the past 3 years

under normal highway operating

conditions that would serve as an

adequate predictor of future safe

performance.

120. Richard N. Bowling, Sr.

Mr. Bowling does not have sufficient

driving experience over the past 3 years

under normal highway operating

conditions that would serve as an

adequate predictor of future safe

performance.

121. Kenneth Allen, Jr.

Mr. Allen does not have sufficient

driving experience over the past 3 years

under normal highway operating

conditions that would serve as an

adequate predictor of future safe

performance.

122. Jerry W. Parker

Mr. Parker has a missing left arm and

therefore does not meet all other

physical requirements, excluding

vision, to qualify for an exemption. The

FMCSA is reconsidering its denial in

accordance with Parker v. FHWA, 207

F.3d 359 (6th Cir. 2000).

123. Nathan A. Buckles

Mr. Buckles does not have 3 years of

experience driving a commercial vehicle

with his vision deficiency.

124. Belinda Betancur

Ms. Betancur does not have sufficient

driving experience over the past 3 years

under normal highway operating

conditions that would serve as an

adequate predictor of future safe

performance.

125. John F. Ellington

Mr. Ellington does not have sufficient

driving experience over the past 3 years

under normal highway operating

conditions that would serve as an

adequate predictor of future safe

performance.

126. Eric D. Bennett

Mr. Bennett does not have 3 years of

experience driving a commercial vehicle

with his vision deficiency.

127. Jerry D. Lawson

Mr. Lawson does not have sufficient

driving experience over the past 3 years

under normal highway operating

conditions that would serve as an

adequate predictor of future safe

performance.

128. Jimmy L. Spates

Mr. Spates does not have sufficient

driving experience over the past 3 years

under normal highway operating

conditions that would serve as an

adequate predictor of future safe

performance.

129. Steve L. Hopkins

Mr. Hopkins does not have sufficient

driving experience over the past 3 years

under normal highway operating

conditions that would serve as an

adequate predictor of future safe

performance.

130. Willie O. Evans, Sr.

Mr. Evans has no experience

operating a commercial motor vehicle

and therefore presented no evidence

from which the FMCSA can conclude

that granting the exemption is likely to

achieve a level of safety equal to that

existing without the exemption.

131. Jimmy Cuttino

Mr. Cuttino has no experience

operating a commercial motor vehicle

and therefore presented no evidence

from which the FMCSA can conclude

that granting the exemption is likely to

achieve a level of safety equal to that

existing without the exemption.

132. Anthony L. Dewalt

Mr. Dewalt does not have sufficient

driving experience over the past 3 years

under normal highway operating

conditions that would serve as an

adequate predictor of future safe

performance.

133. Scott K. Kenyon

Mr. Kenyon has no experience

operating a commercial motor vehicle

and therefore presented no evidence

from which the FMCSA can conclude

that granting the exemption is likely to

achieve a level of safety equal to that

existing without the exemption.

134. Raymond E. Umphrey

Mr. Umphrey does not have 3 years of

experience driving a commercial vehicle

with his vision deficiency.

135. William R. Farrington

Mr. Farrington does not have 3 years

of experience driving a commercial

vehicle with his vision deficiency.

136. Donald S. Ellison

Mr. Ellison does not have sufficient

driving experience over the past 3 years

under normal highway operating

conditions that would serve as an

adequate predictor of future safe

performance.

137. Scott Alan Boyd

Mr. Boyd has no experience operating

a commercial motor vehicle and

therefore presented no evidence from

which the FMCSA can conclude that

granting the exemption is likely to

achieve a level of safety equal to that

existing without the exemption.

138. Robert E. Almond

Mr. Almond does not have 3 years of

experience driving a commercial vehicle

with his vision deficiency.

139. Christopher F. Vanstory

Mr. Vanstory does not have 3 years of

experience driving a commercial vehicle

with his vision deficiency.

140. Robert L. Nix

Mr. Nix does not have 3 years of

experience driving a commercial vehicle

with his vision deficiency.

141. Ofelio Estrada

Mr. Estrada does not have sufficient

driving experience over the past 3 years

under normal highway operating

conditions that would serve as an

adequate predictor of future safe

performance.

Authority: 49 U.S.C. 322, 31315, and

31136; 49 CFR 1.73

Issued on: May 12, 2000.

Julie Anna Cirillo,

Acting Deputy Administrator.

[FR Doc. 00–12929 Filed 5–22–00; 8:45 am]

BILLING CODE 4910–22–P

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.

Federal Register / Vol. 65, No. 100 / Tuesday, May 23, 2000 / Notices 33407

ACTION: Notice of petitions and intent to

grant applications for exemption;

request for comments.

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 selfaddressed, 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.

33408 Federal Register / Vol. 65, No. 100 / Tuesday, May 23, 2000 / Notices

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 tractortrailer 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

Federal Register / Vol. 65, No. 100 / Tuesday, May 23, 2000 / Notices 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 nonserious 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 tractortrailer 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.’’

33410 Federal Register / Vol. 65, No. 100 / Tuesday, May 23, 2000 / Notices

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.

Federal Register / Vol. 65, No. 100 / Tuesday, May 23, 2000 / Notices 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; tractortrailer combination vehicles for 44 years

and 2.8 million miles; and buses for 30

years totaling 600,000 miles. He holds a

33412 Federal Register / Vol. 65, No. 100 / Tuesday, May 23, 2000 / Notices

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 tractortrailer 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

Federal Register / Vol. 65, No. 100 / Tuesday, May 23, 2000 / Notices 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 tractortrailer 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.

33414 Federal Register / Vol. 65, No. 100 / Tuesday, May 23, 2000 / Notices

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Waiver of Compliance

In accordance with Part 211 of Title

49 Code of Federal Regulations (CFR),

notice is hereby given that the Federal

Railroad Administration (FRA) received

a request for a waiver of compliance

with provisions of the Hours of Service

Law (108 Stat. 888, Pub. L. 103–272, 49

U.S.C. 21102(b)). The Hours of Service

Law currently makes it unlawful for a

railroad to require specified employees

to remain on duty in excess of 12 hours.

However, the Hours of Service Law

contains a provision permitting a

railroad, which employs not more than

15 employees subject to the statute, to

seek an exemption from the 12 hour

limitation.

Apalachicola Northern Railroad

Company (AN)

(Waiver Petition Docket No. FRA–1999–

5184)

The AN seeks an exemption so that it

may permit certain employees to remain

on duty not more than 16 hours in any

24-hour period. The AN requests a one

hour extension to the maximum limit of

twelve hours total on-duty time for

covered service employees. The request

is made due to changing operational

needs. The AN currently operates on 96

miles of track in the State of Florida.

The petitioner indicates that granting

the exemption is in the public interest

and will not adversely affect safety.

Additionally, the petitioner asserts it

employs not more than 15 employees

and has demonstrated good cause for

granting this exemption.

Interested parties are invited to

participate in these proceedings by

submitting written views, data, or

comments. FRA does not anticipate

scheduling a public hearing in

connection with these proceedings since

the facts do not appear to warrant a

hearing. If any interested party desires

an opportunity for oral comment, they

should notify FRA, in writing, before

the end of the comment period and

specify the basis for their request.

All communications concerning these

proceedings should identify the

appropriate docket number (e.g., Waiver

Petition Docket Number 1999–5184) and

must be submitted to the Docket Clerk,

DOT Docket Management Facility,

Room PL–401 (Plaza Level), 400 7th

Street, S.W., Washington, D.C. 20590.

Communications received within 30

days of the date of this notice will be

considered by FRA before final action is

taken. Comments received after that

date will be considered as far as

practicable. All written communications

concerning these proceedings are

available for examination during regular

business hours (9:00 a.m.–5:00 p.m.) at

the above facility. All documents in the

public docket are also available for

inspection and copying on the Internet

at the docket facility’s web site at

http://dms.dot.gov.

Issued in Washington, D.C. on May 18,

2000.

Grady C. Cothen, Jr.,

Deputy Associate Administrator for Safety

Standards and Program Development.

[FR Doc. 00–12916 Filed 5–22–00; 8:45 am]

BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Waiver of Compliance

In accordance with Part 211 of Title

49 Code of Federal Regulations (CFR),

notice is hereby given that the Federal

Railroad Administration (FRA) received

a request for continuation of a waiver of

compliance with provisions of the

Hours of Service Law (108 Stat. 888,

Pub. L. 103–272, 49 U.S.C. 21102(b)).

The Hours of Service Law currently

makes it unlawful for a railroad to

require specified employees to remain

on duty in excess of 12 hours. However,

the Hours of Service Law contains a

provision permitting a railroad, which

employs not more than 15 employees

subject to the statute, to seek an

exemption from the 12 hour limitation.

Carolina Rail Services, Incorporated

(CRS)

[Waiver Petition Docket No. FRA–1998–

4566]

CRS seeks continuation of a

previously issued exemption so that it

may permit certain employees to remain

on duty not more than 16 hours in any

24-hour period. CRS states that it is not

its intention to employ a train crew over

12 hours per day under normal

circumstances, but this exemption, if

granted, would help its operation if

unusual operating conditions are

encountered. CRS provides intra-port