[Federal Register Volume 72, Number 82 (Monday, April 30, 2007)]
[Notices]
[Pages 21313-21316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8177]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2007-27515]


Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of applications for exemptions; request for comments.

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SUMMARY: FMCSA announces receipt of applications from 25 individuals 
for exemptions from the vision requirement in the Federal Motor Carrier 
Safety Regulations. If granted, the exemptions would enable these 
individuals to qualify as drivers of commercial motor vehicles (CMVs) 
in interstate commerce without meeting the Federal vision standard.

DATES: Comments must be received on or before May 30, 2007.

ADDRESSES: You may submit comments identified by Department of 
Transportation (DOT) Docket Management System (DMS) Docket Number 
FMCSA-2006-27515 using any of the following methods:
    <bullet> Web Site: http://dmses.dot.gov/submit. Follow the 
instructions for submitting comments on the DOT electronic docket site.
    <bullet> Fax: 1-202-493-2251.
    <bullet> Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
    <bullet> Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    Instructions: All submissions must include the Agency name and 
docket number for this notice. Note that all comments received will be 
posted without change to http://dms.dot.gov including any personal 
information provided. Please see the Privacy Act heading for further 
information.
    Docket: For access to the docket to read background documents or 
comments received, go to http://dms.dot.gov at any time or Room PL-401 
on the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The DMS is available

[[Page 21314]]

24 hours each day, 365 days each year. If you want acknowledgment that 
we received your comments, please include a self-addressed, stamped 
envelope or postcard or print the acknowledgement page that appears 
after submitting comments online.
    Privacy Act: Anyone may search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or of the person signing the comment, if 
submitted on behalf of an association, business, labor union, etc.). 
You may review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477; Apr. 11, 2000). This 
information is also available at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Chief, Physical 
Qualifications Division, (202) 366-4001, <a href="/cdn-cgi/l/email-protection#11777c7262707c74757872707d51757e653f767e67"><span class="__cf_email__" data-cfemail="b6d0dbd5c5d7dbd3d2dfd5d7daf6d2d9c298d1d9c0">[email protected]</span></a>, FMCSA, 
Department of Transportation, 400 Seventh Street, SW., Room 8301, 
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., 
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: 

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
for a 2-year period if it finds ``such exemption would likely achieve a 
level of safety that is equivalent to, or greater than, the level that 
would be achieved absent such exemption.'' FMCSA can renew exemptions 
at the end of each 2-year period. The 25 individuals listed in this 
notice each have requested an exemption from the vision requirement in 
49 CFR 391.41(b)(10), which applies to drivers of CMVs in interstate 
commerce. Accordingly, the Agency will evaluate the qualifications of 
each applicant to determine whether granting the exemption will achieve 
the required level of safety mandated by statute.

Qualifications of Applicants

Roosevelt Bell, Jr.

    Mr. Bell, age 42, has had amblyopia in his right eye since birth. 
The best corrected visual acuity in his right eye is 20/200 and in the 
left, 20/20. Following an examination in 2006, his ophthalmologist 
noted, ``In my professional opinion, Mr. Bell's visual impairment does 
not compromise his ability to operate a commercial vehicle safely.'' 
Mr. Bell reported that he has driven straight trucks for 14 years, 
accumulating 218,400 miles. He holds a Class C operator's license from 
North Carolina. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

David K. Boswell

    Mr. Boswell, 46, has a macular scar in his right eye due to ocular 
histoplasmosis that occurred in 1998. The visual acuity in his right 
eye is 20/60 and in the left, 20/15. Following an examination in 2006, 
his optometrist noted, ``It is my opinion that Mr. Boswell's condition 
is stable that he has sufficient visual capability to perform the 
driving and other tasks associated with operating a commercial 
vehicle.'' Mr. Boswell reported that he has driven tractor-trailer 
combinations for 7 years, accumulating 525,000 miles. He holds a Class 
A Commercial Driver's License (CDL) from Tennessee. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Melvin M. Carter

    Mr. Carter, 59, has had amblyopia in his right eye since birth. The 
best corrected visual acuity in his right eye is 20/200 and in the 
left, 20/20. Following an examination in 2006, his optometrist noted, 
``I certify with my medical opinion, Melvin Carter has sufficient 
vision to perform driving tasks required to operate a commercial 
vehicle.'' Mr. Carter reported that he has driven tractor-trailer 
combinations for 21 years, accumulating 1 million miles. He holds a 
Class A CDL from Washington. His driving record for the last 3 years 
shows one crash, which he was cited for, and no convictions for moving 
violations in a CMV.

Bernabe V. Cerda

    Mr. Cerda, 36, has a prosthetic right eye due to a traumatic injury 
sustained as a child. The visual acuity in his left eye is 20/20. 
Following an examination in 2007, his optometrist noted, ``I believe 
Mr. Cerda has the level of vision to drive a commercial vehicle.'' Mr. 
Cerda reported that he has driven straight trucks for 8 years, 
accumulating 400,000 miles, tractor-trailer combinations for 3 years, 
accumulating 375,000 miles, and buses for 4 years, accumulating 140,000 
miles. He holds a Class A CDL from Texas. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Michael S. Crawford

    Mr. Crawford, 39, has had amblyopia in his right eye since birth. 
The best corrected visual acuity in his right eye is 20/50 and in the 
left, 20/20. Following an examination in 2006, his ophthalmologist 
noted, ``I do not feel that the amblyopia should prevent him from 
performing the driving tasks required to safely operate a commercial 
vehicle.'' Mr. Crawford reported that he has driven straight trucks for 
9 years, accumulating 187,200 miles. He holds a Class D operator's 
license from Illinois. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Rex A. Dyer

    Mr. Dyer, 46, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is 20/60 and in the left, 20/20. 
Following an examination in 2007, his ophthalmologist noted, ``I 
believe Mr. Rex Dyer has sufficient vision to safely perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Dyer 
reported that he has driven straight trucks for 26 years, accumulating 
1.3 million miles, and tractor-trailer combinations for 26 years, 
accumulating 1.4 million miles. He holds a Class A CDL from Vermont. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Patrick J. Goebel

    Mr. Goebel, 57, has loss of vision in his left eye due to ocular 
hypertension, secondary to a traumatic injury sustained as a child. The 
best corrected visual acuity in his right eye is 20/20 and in the left, 
count-finger-vision. Following an examination in 2006, his optometrist 
noted, ``It is my impression that Mr. Goebel has had stable central and 
peripheral vision for many years and at this time has sufficient vision 
to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Goebel reported that he has driven straight trucks for 
40 years, accumulating 2.2 million miles, and tractor-trailer 
combinations for 11 years, accumulating 60,500 miles. He holds a Class 
A CDL from Iowa. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Thomas A. Gotto

    Mr. Gotto, 53, has complete loss of vision in his right eye due to 
a traumatic injury sustained in 1998. The visual acuity in his left eye 
is 20/20. Following an examination in 2006, his ophthalmologist noted, 
``From my exam today, I feel that he has sufficient vision to perform 
driving tasks required to operate a commercial vehicle.'' Mr. Gotto 
reported that he has driven straight trucks for 18 years, accumulating 
540,000 miles, and

[[Page 21315]]

tractor-trailer combinations for 18 years, accumulating 180,000 miles. 
He holds a Class A CDL from Iowa. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Louis W. Henderson, Jr.

    Mr. Henderson, 45, has had amblyopia in his left eye since birth. 
The best corrected visual acuity in his right eye is 20/20 and in the 
left, 20/100. Following an examination in 2006, his optometrist noted, 
``Mr. Henderson has maintained a safe driving record for many years and 
has always driven with mild visual disability of the left eye. Since it 
has always been present, he has functioned well, and his peripheral 
visual acuity is excellent there is no reason to believe that he cannot 
continue to operate commercial vehicles.'' Mr. Henderson reported that 
he has driven straight trucks for 3 years, accumulating 37,500 miles. 
He holds a Class B CDL from Delaware. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

William P. Holloman

    Mr. Holloman, 59, has had amblyopia in his left eye since 
childhood. The best corrected visual acuity in his right eye is 20/15 
and in the left, 20/60. Following an examination in 2006, his 
optometrist noted, ``It is my opinion that William Holloman has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Holloman reported that he has driven straight 
trucks for 2 years, accumulating 20,000 miles, and tractor-trailer 
combinations for 2\1/2\ years, accumulating 250,000 miles. He holds a 
Class A CDL Instruction Permit from Kentucky. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Wilbur J. Johnson

    Mr. Johnson, 50, has had amblyopia in his right eye since birth. 
The best corrected visual acuity in his right eye is 20/50 and in the 
left, 20/20. Following an examination in 2007, his optometrist noted, 
``In my medical opinion the patient has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Johnson reported that he has driven straight trucks for 18 years, 
accumulating 100,800 miles, and tractor-trailer combinations for 29 
years, accumulating 101,500 miles. He holds a Class A CDL from 
Virginia. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Robert J. MacInnis

    Mr. MacInnis, 54, has had amblyopia in his right eye since birth. 
The best corrected visual acuity in his right eye is 20/50 and in the 
left, 20/20. Following an examination in 2006, his ophthalmologist 
noted, ``His vision is stable and sufficient to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. MacInnis reported 
that he has driven straight trucks for 2 years, accumulating 2,400 
miles, and tractor-trailer combinations for 18 years, accumulating 1.6 
million miles. He holds a Class A CDL from Massachusetts. His driving 
record for the last 3 years shows no crashes and one conviction for a 
moving violation, speeding in a CMV. He exceeded the speed limit by 15 
mph.

Joseph W. Mayes

    Mr. Mayes, 40, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is 20/200 and in the left, 20/20. 
Following an examination in 2007, his optometrist noted, ``In my 
medical opinion, Mr. Mayes has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Mayes reported 
that he has driven straight trucks for 15 years, accumulating 600,000 
miles, and buses for 10 years, accumulating 350,000 miles. He holds a 
Class B CDL from Pennsylvania. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Larry L. Morseman

    Mr. Morseman, 61, has had amblyopia in his right eye since 1999. 
The best corrected visual acuity in his right eye is 20/70 and in the 
left, 20/20. Following an examination in 2006, his ophthalmologist 
noted, ``It is my opinion that he has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Morseman 
reported that he has driven straight trucks for 34 years, accumulating 
425,000 miles, and tractor-trailer combinations for 7\1/2\ years, 
accumulating 11,250 miles. He holds a Class A CDL from New York. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Earl R. Neugebauer

    Mr. Neugebauer, 56, has loss of vision in his right eye due to a 
traumatic injury sustained at age 20. The best corrected visual acuity 
in his right eye is light perception and in the left, 20/20. Following 
an examination in 2006, his optometrist noted, ``In my opinion, Earl 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Neugebauer reported that he has driven 
straight trucks for 12 years, accumulating 240,000 miles, tractor-
trailer combinations for 24 years, accumulating 2.2 million miles, and 
buses for 2 years, accumulating 180,000 miles. He holds a Class A CDL 
from Colorado. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Luis M. Ramos

    Mr. Ramos, 39, has a macular scar in his right eye due to a 
traumatic injury sustained approximately 18 years ago. The visual 
acuity in his right eye is 20/60 and in the left, 20/15. Following an 
examination in 2006, his ophthalmologist noted, ``I feel, to the best 
of my medical opinion, that he has sufficient vision to operate a 
commercial vehicle.'' Mr. Ramos reported that he has driven tractor-
trailer combinations for 18 years, accumulating 2.5 million miles. He 
holds a Class A CDL from Texas. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Kenneth C. Reeves

    Mr. Reeves, 62, has complete loss of vision in his right eye due to 
an optic nerve injury at birth. The visual acuity in his left eye is 
20/20. Following an examination in 2006, his optometrist noted, ``The 
results of the examination reveals his vision has not changed and that 
he has sufficient vision to perform the driving of a commercial 
vehicle.'' Mr. Reeves reported that he has driven straight trucks for 1 
year, accumulating 25,000 miles, and tractor-trailer combinations for 
40\1/2\ years, accumulating 2 million miles. He holds a Class A CDL 
from Oregon. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Gregory C. Simmons

    Mr. Simmons, 49, has had glaucoma in his left eye since at least 
2000. The visual acuity in his right eye is 20/20 and in the left, 20/
200. Following an examination in 2006, his ophthalmologist noted, ``In 
my opinion, he has sufficient visual function to drive a commercial 
vehicle.'' Mr. Simmons reported that he has driven straight trucks for 
4 years, accumulating 20,800 miles, and tractor-trailer combinations 
for 17 years, accumulating 132,600 miles. He holds a Class A CDL from

[[Page 21316]]

Maryland. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Dustin N. Sullivan

    Mr. Sullivan, 24, has had amblyopia in his right eye since 
childhood. The best corrected visual acuity in his right eye is 20/100 
and in the left, 20/20. Following an examination in 2006, his 
ophthalmologist noted, ``In my medical opinion, Dustin Sullivan has 
sufficient vision to perform driving tasks required to operate a 
commercial vehicle.'' Mr. Sullivan reported that he has driven straight 
trucks for 5 years, accumulating 250,000 miles, and tractor-trailer 
combinations for 3\1/2\ years, accumulating 157,500 miles. He holds a 
Class A CDL from Maryland. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Thomas E. Summers

    Mr. Summers, 59, has loss of vision in his right eye due to a 
traumatic injury sustained as a child. The best corrected visual acuity 
in his right eye is light perception and in the left, 20/25. Following 
an examination in 2006, his ophthalmologist noted, ``I believe he has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Summers reported that he has driven tractor-
trailer combinations for 29 years, accumulating 2 million miles. He 
holds a Class A CDL from Ohio. His driving record for the last 3 years 
shows no crashes and one conviction for a moving violation, speed in a 
CMV. He exceeded the speed limit by 8 mph.

Jon C. Thompson

    Mr. Thompson, 48, has had latent nystagmus in his left eye since 
birth. The visual acuity in his right eye is 20/25 and in the left, 20/
200. Following an examination in 2006, his ophthalmologist noted, ``It 
is my opinion that in his current medical status, that Mr. Thompson has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Thompson reported that he has driven straight 
trucks for 26 years, accumulating 1.1 million miles, and tractor-
trailer combinations for 2 years, accumulating 90,000 miles. He holds a 
Class A CDL from Arizona. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

Lorenzo Wade

    Mr. Wade, 48, has loss of vision in his right eye due to retinal 
damage from broken blood vessels sustained as a child. The best 
corrected visual acuity in his right eye is 20/200 and in the left, 20/
20. Following an examination in 2007, his optometrist noted, ``I 
believe he has the vision necessary to continue to perform the driving 
tasks required to operate a commercial vehicle for his job, as he has 
done in the past.'' Mr. Wade reported that he has driven straight 
trucks for 7 years, accumulating 68,600 miles. He holds a Class C 
operator's license from California. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

James S. Wheeler

    Mr. Wheeler, 62, has complete loss of vision in his right eye due 
to a traumatic injury sustained in 1967. The best corrected visual 
acuity in his left eye is 20/20. Following an examination in 2006, his 
optometrist noted, ``This patient has sufficient vision to perform 
driving tasks with commercial vehicles.'' Mr. Wheeler reported that he 
has driven straight trucks for 32 years, accumulating 2.8 million 
miles, and tractor-trailer combinations for 32 years, accumulating 2.4 
million miles. He holds a Class A CDL from Mississippi. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Tommy N. Whitworth

    Mr. Whitworth, 53, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/50 and in the left, 
20/20. Following an examination in 2006, his ophthalmologist noted, 
``In my opinion, this patient has sufficient visual acuity with both 
eyes open to operate a commercial vehicle.'' Mr. Whitworth reported 
that he has driven tractor-trailer combinations for 20 years, 
accumulating 2 million miles, and buses for 1 \1/2\ years, accumulating 
22,500 miles. He holds a Class A CDL from Texas. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

James M. Williams

    Mr. Williams, 53, has had amblyopia in his right eye since birth. 
The best corrected visual acuity in his right eye is 20/400 and in the 
left, 20/20. Following an examination in 2006, his optometrist noted, 
``This person is capable of operating a commercial vehicle in any state 
without restriction.'' Mr. Williams reported that he has driven 
straight trucks for 19 years, accumulating 475,000 miles, and tractor-
trailer combinations for 16 years, accumulating 320,000 miles. He holds 
a Class A CDL from Virginia. His driving record for the last 3 years 
shows no crashes and one conviction for a moving violation in a CMV, 
failure to obey a traffic sign.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests 
public comment from all interested persons on the exemption petitions 
described in this notice. The Agency will consider all comments 
received before the close of business May 30, 2007. Comments will be 
available for examination in the docket at the location listed under 
the ADDRESSES section of this notice. The Agency will file comments 
received after the comment closing date in the public docket, and will 
consider them to the extent practicable. In addition to late comments, 
FMCSA will also continue to file, in the public docket, relevant 
information that becomes available after the comment closing date. 
Interested persons should monitor the public docket for new material.

    Issued on: April 24, 2007.
Pamela M. Pelcovits,
Acting Associate Administrator, Policy and Program Development.
 [FR Doc. E7-8177 Filed 4-27-07; 8:45 am]
BILLING CODE 4910-EX-P


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