[Federal Register Volume 65, Number 214 (Friday, November 3, 2000)]
[Notices]
[Pages 66286-66293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28204]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2000-7918]


Qualification of Drivers; Exemption Applications; Vision

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

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

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

DATES: Comments must be received on or before December 4, 2000.

ADDRESSES: Mail or hand deliver comments to the U.S. Department of 
Transportation, Dockets Management Facility, Room PL-401, 400 Seventh 
Street, SW., Washington, DC 20590, or submit electronically at http://dmses.dot.gov/submit. All comments received will be available for 
examination and copying at the above address from 9 a.m. to 5 p.m., 
e.t., Monday through Friday, except Federal holidays. Those desiring 
notification of receipt of comments must include a self-addressed, 
stamped postcard or you may print the acknowledgment page that appears 
after submitting comments electronically.

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, Mr. Joe Solomey, Office of the 
Chief Counsel, (202) 366-1374, 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 and Filing

    You may submit or retrieve comments online through the Document 
Management System (DMS) at: http://dmses.dot.gov/submit. Acceptable 
formats include: MS Word (versions 95 to 97), MS Word for Mac (versions 
6 to 8), Rich Text File (RTF), American Standard Code Information 
Interchange (ASCII)(TXT), Portable Document Format (PDF), and 
WordPerfect (versions 7 to 8). The DMS is available 24 hours each day, 
365 days each year. Electronic submission and retrieval help and 
guidelines are available under the help section of the web site.
    An electronic copy of this document may also be downloaded by using 
a computer, modem and suitable communications software from the 
Government Printing Office's Electronic Bulletin Board Service at (202) 
512-1661. Internet users may also 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.

Background

    Sixty-five 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 
may grant an exemption for a renewable 2-

[[Page 66287]]

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 agency will 
evaluate the qualifications of each applicant to determine whether 
granting the exemptions will achieve the required level of safety.

Qualifications of Applicants

1. Henry Ammons, Jr.

    Mr. Ammons, age 52, has had amblyopia in his right eye since 
childhood. His best corrected visual acuity is 20/20 in his left eye 
and 20/200 in his right eye. Mr. Ammons was examined in 2000, and his 
optometrist stated, ``In my opinion, this man has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
In his application, Mr. Ammons reported that he has driven straight 
trucks for 1 year, accumulating 30,000 miles, and tractor-trailer 
combination vehicles for 31 years, accumulating 3.1 million miles. He 
holds a Washington Class A commercial driver's license (CDL). His 
official driving record for the last 3 years shows no accidents and one 
speeding violation in a CMV. He exceeded the speed limit by 10 mph.

2. Wayne A. Anderson

    Mr. Anderson, 52, 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. Mr. 
Anderson was examined in 1999, and his ophthalmologist stated, ``I 
think his level of vision at this stage is sufficient to operate [a] 
commercial vehicle.'' Mr. Anderson stated that he has driven tractor-
trailer combinations for 33 years, accumulating 2.6 million miles. He 
holds a Manitoba, Canada Class 1 license. His official driving record 
for the last 3 years shows no accidents and no convictions for moving 
violations in a CMV.

3. Glenn A. Babcock, Jr.

    Mr. Babcock, 64, has a partial thickness hole at the left macula 
due to injury at age 4 or 5. The visual acuity of his right eye is 20/
15-1 best-corrected, and of his left eye, 20/80 not correctable. His 
optometrist examined him in 1999, and stated, ``I believe that Mr. Glen 
Babcock, Jr has sufficient vision to perform the tasks required to 
operate a commercial motor vehicle.'' Mr. Babcock reported that he has 
driven straight trucks for 15 years and 30,000 miles; tractor-trailer 
combinations for 35 years and 2.1 million miles; and buses for 5 years 
and 15,000 miles. He holds a Wisconsin Class ABC CDL, and has no 
accidents or convictions for moving violations in a CMV on his driving 
record for the last 3 years.

4. Bobby J. Beall

    Mr. Beall, 28, is aphakic in his left eye as a result of treatment 
for injuries sustained in 1994. His visual acuity is 20/20+ in the 
right eye, and 20/400 in the left eye. His optometrist examined him in 
2000 and stated, ``In my opinion, you have sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. Beall 
reported that he has driven straight trucks for the last 10 years, 
accumulating 100,000 miles, and tractor-trailer combination vehicles 
for the last 6 years, accumulating 90,000 miles. He holds a Class A CDL 
from Missouri and has no accidents or convictions for moving violations 
in a CMV on his driving record for the past 3 years.

5. Robert D. Bonner

    Mr. Bonner, 51, has amblyopia in his right eye. His visual acuity 
in his left eye is 20/20 and in his right eye 20/200 best-corrected. He 
was examined in 2000, and his ophthalmologist stated, ``I certify that 
he has sufficient vision to perform driving tasks and to operate a 
commercial vehicle.'' Mr. Bonner stated that he has driven tractor-
trailer combination vehicles for 19 years, accumulating 790,000 miles. 
He holds a Washington Class A CDL. His official driving record shows no 
accidents and no moving violations in a CMV in the last 3 years.

6. James F. Bower

    Mr. Bower, 62, has amblyopia in his right eye. His best-corrected 
visual acuity is 20/20 in the left eye and 20/200 in the right eye. In 
2000 his optometrist examined him and affirmed, ``In my medical 
opinion, Jim Bower has sufficient vision to perform the normal driving 
tasks required to operate a commercial vehicle.'' Mr. Bower submitted 
that he has 25 years experience driving tractor-trailer combinations 
over 3 million miles, and 46 years driving straight trucks over 46,000 
miles. He holds a Class A CDL from Wyoming. His driving record for the 
last 3 years has no accidents or convictions for moving violations in a 
CMV.

7. Ben T. Brown

    Mr. Brown, 50, has congenital esotropia of the left eye. His best-
corrected visual acuity is 20/20 in his right eye and 20/200 in his 
left eye. He was examined in 1999 and his optometrist stated, ``I feel 
that this patient can perform his duties as a commercial driver without 
difficulty. He has sufficient vision to be a safe driver.'' Mr. Brown 
reported that he has driven straight trucks for 5 years, accumulating 
35,000 miles, and tractor-trailer combinations for 19 years, 
accumulating 855,000 miles. He holds a California Class A CDL and has 
no accidents or citations for moving violations in a CMV on his driving 
record for the past 3 years.

8. Terry L. Burgess

    Mr. Burgess, 51, wears a prosthesis due to enucleation following a 
motor vehicle accident in the early 1970's. His corrected vision in the 
right eye is 20/25. An optometrist examined him in 2000 and stated, 
``Given the nature of the injury to the left eye I have concluded that 
Mr. Burgess' visual deficit is quite stable and is not degenerative. 
Thus, he is able to perform sufficiently while operating a commercial 
vehicle.'' Mr. Burgess stated that he has 3 years of experience driving 
tractor-trailers, totaling 63,000 miles. He holds a Michigan Type CA 
CDL and has had no accidents or moving violations in a CMV for the past 
3 years.

9. William A. Burgoyne

    Mr. Burgoyne, 61, has amblyopia in his right eye. His visual acuity 
is 20/15 best-corrected in the left eye and 20/400 in the left eye. Mr. 
Burgoyne was examined in 1999 and his optometrist stated, ``For the 
past 19 years we have insisted that Mr. Burgoyne has the visual ability 
to drive any over the road vehicle. He should be allowed to continue 
his occupation as a truck driver.'' Mr. Burgoyne stated that he has 20 
years of experience driving straight trucks, accumulating 3 million 
miles, and 10 years of experience driving tractor-trailer combinations, 
accumulating 1.5 million miles. He holds a Michigan Class A NT CDL, and 
his driving record for the last 3 years contains no accidents and no 
convictions for moving violations in a CMV.

10. David S. Carman

    Mr. Carman, 37, has a large dense scar in the retina of his left 
eye due to a childhood infection. His visual acuity is 20/15 in his 
right eye and 20/200 best-corrected in his left eye. His optometrist 
examined him in 1999 and stated, ``In my professional opinion, David 
Carman has vision sufficient to operate a commercial vehicle.'' Mr. 
Carman reported that he has driven straight trucks for 16 years 
totaling 320,000 miles. He holds a New Jersey Class B CDL, and his 
driving record for the last

[[Page 66288]]

3 years shows no accidents and one conviction for a moving violation in 
a CMV for ``Failure to Obey Directional Signal.''

11. Dennis J. Christensen

    Mr. Christensen, 59, has had amblyopia resulting from anisometropia 
since birth. His best corrected vision is 20/20 in his left eye and 20/
70 in his right eye. Following a 1999 examination, his optometrist 
stated, ``It is my impression that Mr. Christensen has the visual 
performance to safely operate a commercial vehicle. There are no 
medical conditions that could compromise his visual performance or 
visual fields.'' Mr. Christensen reported that he has driven tractor-
trailer combinations for 3 years, accumulating 300,000 miles. He holds 
a Minnesota Class A CDL and has had no accidents or convictions for 
moving violations in a CMV for the past 3 years.

12. David L. Davis

    Mr. Davis, 41, has amblyopia in his right eye. His corrected visual 
acuities are 20/60 in his right eye and 20/20 in his left. Following a 
2000 examination, his optometrist commented, ``Because Mr. Davis' 
vision is 20/20 with both eyes open and his visual fields appear to be 
very good, it is my opinion, according to the findings in my exam, that 
Mr. Davis has sufficient vision to perform driving tasks required to 
operate a commercial vehicle.'' According to Mr. Davis, he has operated 
straight trucks for 21 years, accumulating 966,000 miles. A holder of a 
Class AM CDL from Georgia, he has no accidents or citations for moving 
violations in a CMV for the last 3 years.

13. Darrell B. Dean

    Mr. Dean, 35, is blind in his left eye due to congenital cataracts 
with apparent glaucoma. His best-corrected vision in the right eye is 
20/30. An ophthalmologist examined him in 1999 and stated, ``From a 
visual standpoint, he is able to drive a commercial vehicle.'' Mr. Dean 
reported that he has driven straight trucks for 2 years and for 4,000 
miles, and tractor-trailer combinations 12 years for 1.8 million miles. 
He holds an Oklahoma Class A CDL and has had no CMV accidents or 
convictions for moving violations for the past 3 years.

14. Don W. Dotson

    Mr. Dotson, 45, has amblyopia in his left eye. His visual acuity is 
20/20 best-corrected in the right eye and 20/200 in the left eye. 
Following a 1999 examination, his ophthalmologist stated, ``I feel that 
Mr. Dotson is safe to perform commercial driving tasks and to operate a 
commercial vehicle.'' Mr. Dotson reports that he has operated straight 
trucks for 5 years, accumulating 157,000 miles, and tractor-trailer 
combinations for 8 years, accumulating 326,000 miles. He holds a Texas 
Class A CDL and has no accidents or convictions for moving violations 
in a CMV on his driving record for the last 3 years.

15. Terrance D. Faust

    Mr. Faust, 35, has amblyopia in his right eye. The visual acuity 
uncorrected in the right eye is 20/60, and in the left eye 20/20. An 
ophthalmologist examined Mr. Faust in 2000 and affirmed, ``It is my 
medical opinion that you have sufficient visual ability to perform the 
driving tasks required to operate a commercial vehicle.'' According to 
Mr. Faust's application, he has driven 900,000 miles in straight trucks 
over 17 years, and 65,000 miles in tractor-trailer combination vehicles 
over 13 years. He holds a Class ABCDM CDL from Wisconsin. In the last 3 
years he has had no accidents or convictions for moving violations in a 
CMV on his driving record.

16. Edgar E. French

    Mr. French, 48, lost his right eye due to trauma approximately 15 
years ago. The uncorrected visual acuity in his left eye is 20/20. As 
the result of an examination in 2000, his optometrist concluded, ``As 
was written in my letter dated 7/17/00, the exam results for the left 
eye of Mr. Edgar French, in my opinion, do indicate that he can safely 
operate a commercial vehicle.'' Mr. French reports that he has 15 years 
and 945,000 miles of experience operating straight trucks. He holds a 
Class B CDL from Virginia, and there are no accidents or convictions 
for moving violations in a CMV on his driving record for the last 3 
years.

17. Glen T. Garrabrant

    Mr. Garrabrant, 38, wears a prosthetic right eye due to ocular 
trauma in 1989. His visual acuity is 20/20 in his left eye. Following a 
1999 examination his ophthalmologist stated, ``In my opinion I feel 
that this patient has sufficient vision to perform any driving task 
required to operate a commercial vehicle.'' Mr. Garrabrant reported 
that he has driven straight trucks for 19 years totaling 1.2 million 
miles and tractor-trailer combination vehicles for 17 years totaling 
1.4 million miles. He holds a New Jersey Class A CDL, and his official 
driving record shows no CMV accidents or convictions for moving 
violations during the last 3 years.

18. Doyle G. Gibson

    Mr. Gibson, 50, has amblyopia in his right eye. His visual acuity, 
best-corrected, is 20/70 in the right eye and 20/15 in the left eye. 
Following a 1999 examination, his ophthalmologist stated, ``I am not an 
expert on the requirements for operating a commercial vehicle. However, 
based on Mr. Gibson's successful record of driving with his current 
vision, I see no contraindication to continuing in his current 
capacity.'' Mr. Gibson reported that he has driven straight trucks and 
tractor-trailer combination vehicles for 30 years each, totaling 2.4 
million miles driving straight trucks and 1.5 million miles driving 
tractor-trailer combination vehicles. He holds a Texas Class AM CDL, 
and his official driving record shows no CMV accidents or moving 
violations in the last 3 years.

19. Elias Gomez, Jr.

    Mr. Gomez, 28, has amblyopia in his right eye. His visual acuity is 
20/20 in his left eye and 20/200 best-corrected in his right eye. 
Following a 1999 examination, his ophthalmologist stated, ``In my 
medical opinion, he has adequate vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Gomez stated that he 
has operated tractor-trailer combination vehicles for 3 years and a 
total of 360,000 miles. He holds a Texas Class A CDL, and his official 
driving record shows no accidents and one conviction for a moving 
violation in a CMV for ``Fail to Yield Right-of-Way'' over the last 3 
years.

20. Jose E. Gonzalez

    Mr. Gonzalez, 36, has amblyopia in his left eye. An eye exam in 
1999 showed that the visual acuity in his right eye is 20/20, and in 
the left eye 20/200. As a result of the examination, his opthalmologist 
stated, ``It is my opinion that Mr. Gonzalez has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
According to Mr. Gonzalez' application, he has driven straight trucks 
and tractor-trailer combinations for 15 years, accumulating 75,000 
miles in the former and 1.2 million miles in the latter. He holds a 
Class AM CDL from Texas. In the last 3 years his driving record shows 
one accident in a CMV and one conviction for speeding in a CMV. The 
other driver was charged in the accident for ``[f]ailed to control 
speed.'' He received the ticket on a separate occasion for exceeding 
the speed limit by 15 mph.

[[Page 66289]]

21. Anthony Grant

    Mr. Grant, 37, has decreased vision in his left eye due to an 
accident in 1992. He was examined in 1999, and his optometrist found 
visual acuity to be 20/20 corrected in the right eye and 20/400 in the 
left eye. His optometrist stated, ``In my opinion Mr. Grant should be 
able to drive a commercial vehicle.'' Mr. Grant reported that he has 
driven straight trucks for 7 years and 400,000 miles; tractor-trailer 
combination vehicles for 3 years and 78,000 miles; and buses for 2 
years and 46,000 miles. He holds an Alabama Class D driver's license 
and has had no convictions for moving violations or accidents in a CMV 
during the last 3 years.

22. Joseph M. Graveline

    Mr. Graveline, 35, has optic atrophy in his right eye due to an eye 
injury at age 13. His vision in the left eye is 20/20 and in the right 
eye 20/60. He was examined in 2000, and his optometrist stated, ``I 
believe that Mr. Graveline has sufficient vision to perform driving 
tasks required to operate a commercial vehicle.'' Mr. Graveline 
reported that he has 4 years and 48,000 miles of experience driving 
straight trucks. He holds a Connecticut Class A CDL and has had no CMV 
accidents or convictions for moving violations for the past 3 years.

23. Johnny C. Hall

    Mr. Hall, 48, had his left eye enucleated at age 7, after a 
penetrating injury to the eye. The visual acuity of his right eye is 
20/20 without correction. The ophthalmologist who examined him in 2000 
stated, ``In my opinion, Mr. Hall has adequate vision to perform the 
driving tasks required to operate a commercial vehicle.'' According to 
his application, he has 20 years and 2.5 million miles experience 
operating tractor-trailer combinations, and 2 years and 250,000 miles 
experience operating straight trucks. He has a Florida Class A CDL, and 
there are no accidents or convictions for moving violations in a CMV on 
his driving record for the last 3 years.

24. William N. Hicks

    Mr. Hicks, 56, wears a prosthetic right eye due to an injury at age 
2. He sees 20/25 out of his left eye. An ophthalmologist examined him 
in 2000 and stated, ``I feel that he has sufficient vision in his left 
eye to meet the conditions for consideration for an exemption under 
controlling authority to drive a commercial vehicle.'' Mr. Hicks stated 
that he has 34 years of experience driving tractor-trailer combinations 
with 3.2 million miles driven. He holds a Texas Class A CDL and has had 
no accidents and two speeding convictions in a CMV during the past 3 
years. Mr. Hicks exceeded the speed limit by 11 mph in one ticket and 8 
mph in the other.

25. Robert K. Hodge

    Mr. Hodge, 43, has had light perception only in his right eye since 
age 5 due to an injury. His optometrist examined him in 2000 and 
stated, ``I certify, in my opinion, that Kent Hodge has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Hodge declared in his application that he has driven 
straight trucks for 6 years accumulating 72,000 miles, and tractor-
trailer combinations for 9 years accumulating 900,000 miles. He holds a 
Mississippi Class A CDL. During the last 3 years his driving record 
shows that he has had no accidents or convictions for moving violations 
in a CMV.

26. William G. Holland

    Mr. Holland, 51, has worn a prosthetic left eye for 12 years due to 
an injury. His visual acuity is 20/15 in his right eye. Following a 
2000 examination, his optometrist stated, ``It is my medical opinion 
that Mr. William Holland has vision sufficient to enable him to operate 
a commercial vehicle.'' Mr. Holland reported that he has driven 
tractor-trailer combination vehicles for 30 years and 3 million miles, 
and straight trucks for 5 years and 175,000 miles. He holds a 
California Class A CDL, and his official driving record shows no 
accidents or convictions for moving violations in a CMV for the past 3 
years.

27. John R. Hughes

    Mr. Hughes, 58, wears a left prosthesis due to an accident in 1956. 
The corrected visual acuity in his right eye is 20/20. An optometrist 
examined him in 2000, and stated, ``I certify that in my medical 
opinion that John Hughes has sufficient vision to operate a commercial 
vehicle.'' Mr. Hughes reported that he has driven 350,000 miles during 
7 years in a tractor-trailer, and 50,000 miles during one year in a 
straight truck. His Class AM CDL is from New York, and his driving 
record shows no accidents or convictions for moving violations in a CMV 
for the last 3 years.

28. Frank Inigarida

    Mr. Inigarida, 59, has strabismic amblyopia in his right eye. The 
best-corrected visual acuity of his left eye is 20/20 and his right eye 
20/60. Following a 1999 examination, his ophthalmologist certified, 
``In my medical opinion Mr. Inigarida is able to operate a commercial 
vehicle while wearing his glasses.'' According to Mr. Inigarida's 
application, he has driven straight trucks for 14 years, accumulating 
420,000 miles, and tractor-trailer combination vehicles for 28 years, 
accumulating 1.4 million miles. He holds a Nevada Class A CDL. His 
official driving record shows no CMV accidents or convictions for 
moving violations in the last 3 years.

29. Alan L. Johnston

    Mr. Johnston, 27, has occlusional amblyopia in his left eye. His 
visual acuity is 20/20 in the right eye and 20/400 corrected in the 
left eye. His optomestrist examined him in 1999, and noted, ``P[atien]t 
sees well enough to operate a commercial vehicle.'' Mr. Johnston 
submitted that he has driven 10,000 miles and has 10 years' experience 
operating a straight truck, and has driven 180,000 miles and has 6 
years' experience operating a tractor-trailer combination. He holds a 
Class A CDL from Illinois, and for the last 3 years his driving record 
shows that he has had no accidents or convictions for moving violations 
in a CMV.

30. David O. Kaiser, Sr.

    Mr. Kaiser, 44, has anisometropic amblyopia in his right eye. Best-
corrected visual acuity in the right eye is 20/400, and the left eye is 
20/20 uncorrected. An optometrist examined him in 1999 and stated, ``In 
my medical opinion, Mr. Kaiser, has a stable condition that is 
longstanding and will not interfere in his driving ability of a 
commercial vehicle.'' Mr. Kaiser stated that he has 23 years of 
experience driving tractor-trailer combinations with 1.1 million miles 
driven. He holds a Virginia Class B CDL and has had no accidents or 
convictions for moving violations in a CMV for the past 3 years.

31. Milena Kekerovic

    Ms. Kekerovic, 47, has amblyopia in her left eye. The visual acuity 
of her right eye is 20/20 and of her left eye 20/200 without 
correction. Following an examination in 1999, her ophthalmologist 
affirmed, ``Ms. Kekerovic has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Ms. Kekerovic 
submitted that she has driven tractor-trailer combinations for 16 years 
accumulating 1.9 million miles; and buses for 5 years accumulating 
400,000 miles. A holder of a Class A CDL from Nevada, she has no 
accidents or convictions for moving violations in a CMV on her driving 
record for the last 3 years.

[[Page 66290]]

32. Mark J. Koscinski

    Mr. Koscinski, 49, has a congenital retinal coloboma of the left 
eye. His visual acuity is 20/20 in the right eye and 20/400 in the left 
eye. An optometrist who examined him in 2000, stated, ``I certify in my 
medical opinion that Mark Koscinski has sufficient vision to perform 
all driving tasks required to operate a commercial vehicle.'' Mr. 
Koscinski submitted that he has driven 450,000 miles and has 9 years' 
experience driving tractor-trailer combinations, and has driven 75,000 
miles with 5 years' experience driving straight trucks. He holds a 
Nevada Class A CDL and has no accidents or convictions for moving 
violations in a CMV on his driving record for the last 3 years.

33. John N. Lanning

    Mr. Lanning, 41, has an amblyopic right eye with light perception 
only. His left eye is correctable to 20/25. An optometrist examined him 
in 2000 and stated, ``As of his last eye exam in January 2000 his 
vision has remained stable and has not affected his ability to continue 
to perform his driving tasks operating a commercial vehicle.'' Mr. 
Lanning, who stated that he has driven tractor-trailers for 10 years 
and 1 million miles, has no accidents or convictions on his driving 
record for moving violations in a CMV during the last 3 years. He holds 
a California Class A CDL.

34. Robert C. Leathers

    Mr. Leathers, 43, has light perception only in his left eye due to 
a traumatic injury in 1972. The best-corrected vision in his right eye 
is 20/20. Following a 1999 examination, his optometrist stated, ``In my 
opinion, Mr. Leathers has been performing driving tasks with the same 
vision for twenty-seven years. This is evidence that he has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Leathers reported that he has driven tractor-trailer 
combination vehicles for 24 years and 691,000 miles, and straight 
trucks for 20 years and 70,000 miles. He holds a Missouri Class A CDL, 
and his official driving record shows no accidents or convictions for 
moving violations in a CMV for the past 3 years.

35. Richard L. Leonard

    Mr. Leonard, 56, has amblyopia and esotropia in his left eye. In 
his right eye his vision is 20/20 uncorrected, while in his left his 
vision is 20/400 corrected. He was examined in 2000, and his 
optometrist certified by checking a box next to the word ``Yes'' after 
the question, ``Does patient have sufficient vision to operate a 
commercial vehicle?'' Mr. Leonard submitted that he has driven tractor-
trailer combinations for 15 years and 1.1 million miles, and straight 
trucks for 10 years and 150,000 miles. He holds a Texas Class A CDL. 
His driving record shows that he had no convictions for moving 
violations and one accident in a CMV in the last 3 years. He was not 
charged in the accident; the other driver was charged with ``Failed to 
Yield ROW'Stop Intersection.''

36. Calvin E. Lloyd

    Mr. Lloyd, 37, has amblyopia as a result of esotropia in his left 
eye. His best-corrected vision is 20/20 in his right eye and 20/200 in 
his left. Following a 2000 examination, his ophthalmologist certified, 
``Mr. Lloyd has been driving commercially for a number of years without 
incident. His good eye is corrected to 20/20 and he has very good 
peripheral vision in his amblyopic eye. These facts lead me to believe 
that there is no visual reason why he cannot perform as a commercial 
driver.'' Mr. Lloyd stated that he has driven straight trucks for 11 
years and 330,000 miles, and tractor-trailer combination vehicles for 7 
years and 420,000 miles. He holds a Tennessee Class AM CDL, and he has 
had no CMV accidents or convictions for moving violations in the past 3 
years.

37. Roy E. Mathews

    Mr. Mathews, 43, lost his right eye due to trauma in 1993. The 
best-corrected visual acuity of his left eye is 20/20. Following a 1999 
examination, his ophthalmologist certified, ``Mr. Mathews meets the 
credentials for a commercial drivers license and currently holds a 
commercial driver's license. So in my opinion he has sufficient vision 
to perform the driving task to operate a commercial vehicle.''
    Mr. Mathews states that he has driven tractor-trailer combination 
vehicles for 3 years, accumulating 324,000 miles. He holds a Florida 
Class A CDL. His official driving record shows no CMV accidents or 
convictions for moving violations in the last 3 years.

38. Jason B. Mazyck

    Mr. Mazyck is a 27-year-old man whose left eye was diagnosed with 
amblyopia exanopsia, small angle esotropia, posterior staphyloma, and 
high myopic astigmatism present since birth. His corrected visual 
acuity is 20/20 in the right eye, and 20/200 in the left eye. An 
optometrist examined him in 1999 and reported, ``In my opinion, Jason's 
visual system with the improved horizontal field of vision to the left 
from the contact lens is excellent for safe driving and operating a 
commercial vehicle.'' Mr. Mazyck has a Class D South Carolina driver's 
license. He stated that he has operated straight trucks for 4 years, 
accumulating 100,000 miles. His official State driving record shows no 
accidents or citations for moving violations in a CMV for the past 3 
years.

39. William F. McCandless, Jr.

    Mr. McCandless, 40, has amblyopia in his left eye. His best-
corrected vision is 20/20 in his right eye and light perception only in 
his left. Following a 1999 examination, his optometrist stated, ``His 
current vision is adequate for semi-tractor trailer driving.'' Mr. 
McCandless reported that he has accumulated 240,000 miles during 16 
years of driving tractor-trailer combination vehicles. He holds a 
Florida Class A CDL. His official State driving record reveals no 
accidents or citations for moving violations in a CMV for the past 3 
years.

40. James T. McGraw Jr.

    Mr. McGraw, 42, has refractive amblyopia of the left eye. His 
visual acuity is 20/20 in the right eye and 20/200 in the left eye. An 
optometrist examined him in 1999 and stated, ``It is clear that James 
T. McGraw, Jr. has sufficient vision to continue to perform the driving 
tasks required for a commercial vehicle.'' Mr. McGraw stated that he 
has driven straight trucks 1.1 million miles in 23 years and tractor-
trailer combinations 1.1 million miles in 19 years. He holds a 
Pennsylvania Class A CDL and has had no CMV accidents or convictions 
for moving violations for the past 3 years.

41. Luther A. McKinney

    Mr. McKinney, 44, has amblyopia in his left eye. His vision is 20/
20 in the right eye and 20/200 in the left eye. According to a 2000 
examination report, Mr. McKinney's optometrist stated, ``With 
consideration to the results of today's examination, I would conclude 
that the patient has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. McKinney reported that 
he has driven tractor-trailer combination vehicles for 21 years and a 
total of 2.5 million miles. He holds a Virginia Class A CDL. His 
official driving record shows no accidents or convictions for moving 
violations in a CMV during the last 3 years.

42. Jose L. Melendez

    Mr. Melendez, 57, has a macular scar in his right eye due to an 
injury at the

[[Page 66291]]

age of 16. His visual acuity in his left eye is 20/20 and 20/400 in the 
right. An ophthalmologist examined him in 1999 and stated, ``He is 
visually capable of operating a commercial vehicle, and was also found 
to be within the State of Illinois requirements of vision to legally 
drive.'' Mr. Melendez reported that he has 5 years of experience 
driving straight trucks totaling 135,000 miles. He holds an Illinois 
Class A CDL and has had no CMV accidents or convictions for moving 
violations for the past 3 years.

43. Carl A. Michel, Sr.

    Mr. Michel, 59, has amblyopia in the right eye. His best-corrected 
visual acuity is 20/20 in his left eye and 20/100 in his right eye. He 
was examined in 1999, and his ophthalmologist stated, ``In my opinion 
the above person [Carl A. Michel] has sufficient vision to perform 
driving tasks required to operate a commercial vehicle.'' Mr. Michel 
stated that he has accumulated 4.2 million miles driving straight 
trucks for 42 years; 2.3 million miles driving tractor-trailer 
combination vehicles for 30 years; and 30,000 miles driving buses for 
30 years. He holds a Maryland Class A CDL. For the past 3 years he has 
had no accidents or moving violations in a CMV.

44. Clarence M. Miles, Jr.

    Mr. Miles, 41, has optic nerve atrophy of the right eye due to an 
accident at 5 years of age. He has no vision in that eye and 20/20 
uncorrected in his other eye. The optometrist who examined him in 1999 
stated, ``In my medical opinion, this patient has sufficient vision to 
operate a commercial vehicle.'' Mr. Miles states that he has 8 years 
and 240,000 miles of experience driving straight trucks, and 3 years 
and 75,000 miles of experience driving tractor-trailer combinations. He 
holds an Oklahoma Class A CDL, and his driving record for the last 3 
years shows no accidents or citations for moving violations in a CMV.

45. Robert A. Moss

    Mr. Moss, 34, has amblyopia exanopsia in the left eye. Corrected 
visual acuities are 20/20 in the right eye and 20/200 in the left. His 
optometrist examined him in 2000 and determined, ``There is no 
indication that Mr. Moss has insufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Moss stated that 
he has driven tractor-trailers for 12 years, accumulating 1.2 million 
miles, and straight trucks for one-half year, accumulating 10,000 
miles. He has a Missouri Class A CDL and has a driving record free of 
convictions for moving violations and accidents in a CMV for the last 3 
years.

46. Robert A. Murphy

    Since 1980, Mr. Murphy, 54, has had scar tissue on his left eye due 
to an accident. His best-corrected visual acuity is 20/20 in his right 
eye and 20/70 in his left eye. In a 2000 examination, his 
ophthalmologist stated, ``In my medical opinion Mr. Murphy has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' According to Mr. Murphy's application, he has 
operated straight trucks and tractor-trailer combination vehicles for 
22 years each, accumulating 160,000 miles and 800,000 miles 
respectively. He holds a Kentucky Class DA CDL, and his official 
driving record shows no accidents or convictions for moving violations 
in a CMV for the last 3 years.

47. Dennis I. Nelson

    Mr. Nelson, 48, wears a right prosthesis due to an injury received 
in childhood. His corrected visual acuity in the left eye is 20/15. An 
optometrist examined him in 2000 and certified, ``In my opinion, Mr. 
Nelson does have sufficient vision to perform the driving tasks 
required to operate a commercial vehicle, particularly evidenced by his 
completely clean driving record for 30 years within the state of 
Wisconsin using commercial vehicles.'' Mr. Nelson reports that he has 
30 years and 450,000 miles of experience each driving tractor-trailer 
combinations and straight trucks. He holds a Class ABCD CDL from 
Wisconsin and has no accidents or convictions for moving violations in 
a CMV on his driving record for the last 3 years.

48. Martin D. Ortiz

    Mr. Ortiz, 43, has anisometropic amblyopia in his right eye. His 
best corrected visual acuity is 20/100 in the right eye and 20/20 in 
the left eye. Mr. Ortiz was examined in 1999, and his optometrist 
certified, ``In my medical opinion, he has sufficient vision to perform 
the driving tasks to operate a commercial vehicle.'' Mr. Ortiz holds a 
Class A CDL from California, and reported that he has 20 years of 
experience driving tractor-trailer combination vehicles totaling 1.7 
million miles. His driving record has been clear of accidents and 
convictions of moving violations in a CMV for the past 3 years.

49. John J. Partenio

    For the last 30 years, Mr. Partenio, 71, has had a macular scar in 
his right eye. His corrected visual acuity is 20/20 in the left eye and 
20/200 in the right. As the result of a 2000 examination, his 
optometrist stated, ``Mr. [Partenio] has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Partenio reported that he has 24 years of experience driving school 
buses and has driven 100,000 miles. He holds a New Jersey Class B CDL 
and has had no accidents or convictions for moving violations in a CMV 
for the past 3 years.

50. Henry C. Patton

    Mr. Patton, 63, has amblyopia in his left eye. The corrected visual 
acuity in his right eye is 20/30++ and in his left, 20/200. Following a 
2000 examination, Mr. Patton's optometrist stated, ``I further certify, 
that Mr. Patton, in my medical opinion, has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Patton stated that he has 45 years of experience driving tractor-
trailer combination vehicles for a total of 2.7 million miles. He holds 
a Colorado Class A CDL, and his official driving record shows no 
accidents or convictions for moving violations in a CMV during the last 
3 years.

51. Rance A. Powell

    Mr. Powell, 30, has a large macular scar due to an injury in his 
left eye at age 6. His uncorrected vision in his right eye is 20/20, 
while his vision in his left eye is hand-motion only. Following a 2000 
examination, his optometrist stated, ``In my medical opinion, the 
vision deficiency in Mr. Powell's left eye is stable. He has excellent 
vision in his right eye, therefore I feel he has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Powell reported that he has driven straight trucks for 12 years for 
a total of 180,000 miles. He holds an Alabama Class AMV CDL, and his 
official driving record shows no accidents and one speeding conviction 
in a CMV during the last 3 years. He received the ticket for exceeding 
the speed limit by 11 mph.

52. John W. Purcell

    Mr. Purcell, 47, acquired toxoplasmosis in his left eye at age 12. 
His visual acuity is 20/15 uncorrected in the right eye and 20/400 
corrected in the left eye. Mr. Purcell was examined in 2000, and his 
ophthalmologist certified, ``In my medical opinion, Mr. Purcell has 
full peripheral vision and has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Purcell stated 
that he has 20 years and 320,000 miles of

[[Page 66292]]

experience operating straight trucks. He holds an Oregon Class C CDL 
and has had no accidents or convictions for moving violations in a CMV 
for the past 3 years.

53. Shannon E. Rasmussen

    Mr. Rasmussen, 25, has an anisometropia hyperopia that resulted in 
amblyopia of the left eye. Best-corrected visual acuities measure 20/
15-0 in the right eye and 20/50 in the left eye. As the result of a 
2000 examination, his optometrist certified, ``In my medical opinion, 
Shannon does have sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Rasmussen reported that 
he has driven straight trucks and tractor-trailer combination vehicles 
for 7 years each, totaling 182,000 miles in the former and 245,000 
miles in the latter. He holds a Class A CDL from the State of Wyoming 
and has no accidents or citations for moving violations in a CMV during 
the last 3 years.

54. Merlyn L. Rawson

    At least 30 years ago, Mr. Rawson, 56, incurred irreversible damage 
to his left eye. A 2000 examination revealed that his corrected visual 
acuity is 20/20 in the right eye and 20/400 in the right eye. His 
optometrist noted, ``Vision sufficient to perform driving tasks to 
operate a commercial vehicle.'' Mr. Rawson stated that he has 25 years 
of experience driving tractor-trailers for a total of 3.7 million 
miles, and 6 years of experience driving straight trucks for a total of 
300,000 miles. He holds an Oregon Class A CDL. During the past 3 years 
he has had one speeding conviction and one accident in a CMV. He was 
not charged in the accident and exceeded the speed limit by 12 mph in 
the speeding ticket.

55. Thomas G. Raymond

    Mr. Raymond, 39, has refractive amblyopia in his left eye. His 
uncorrected visual acuity is 20/20 in the right eye and 20/200 in the 
left. Following an examination in 2000, his optometrist certified, ``In 
my opinion, Mr. Raymond is fully capable of operating a commercial 
vehicle.'' Mr. Raymond has driven tractor-trailer combination vehicles 
910,000 miles in 6\1/2\ years. He holds a Class A CDL from Florida, and 
his driving record shows no accidents or convictions for moving 
violations in a CMV in the last 3 years.

56. James R. Rieck

    Mr. Rieck, 29, has amblyopia in his left eye. The visual acuity in 
his right eye uncorrected is 20/15-, and in his left eye corrected, 20/
400. His optometrist examined him in 1999 and certified, ``It is my 
opinion that Mr. Rieck should have no difficulty performing the driving 
tasks required to operate a commercial vehicle.'' Mr. Rieck has driven 
tractor-trailer combinations for 4 years, accumulating 144,000 miles, 
and straight trucks for 9 months, accumulating 14,000 miles. He holds a 
Class AM1 CDL from California, and his driving record for the last 3 
years shows no accidents or convictions for moving violations in a CMV. 
Although his license was suspended in 1997 for failure to maintain 
required liability insurance, the State of California set aside 
(canceled) the action after his insurance company sent proof that he 
had maintained his insurance.

57. Daniel J. Schaap

    Mr. Schaap, 48, has a central scotoma in his left eye due to a 
toxoplasmosis scar that he has had since early childhood. A 1999 eye 
exam revealed that his best-corrected visual acuity is 20/20 in the 
right eye and 20/400 in the left eye. His optometrist stated, ``Since 
all other aspects of his vision are normal, and since his driving 
record has been good, I believe he meets the visual requirements to 
operate a commercial vehicle.'' Mr. Schaap holds a Michigan Class CA 
CDL. He reported that he has driven tractor-trailer combinations for 27 
years and 749,000 miles. His driving record for the past 3 years 
reflects no convictions for moving violations and two accidents in a 
CMV. Mr. Schaap was not found at fault in either accident. The other 
driver was charged in one accident. The other accident resulted when a 
retread blew on Mr. Schaap's tractor-trailer and pieces of tread hit 
another vehicle, breaking its windshield. Mr. Schaap was not charged 
with a violation in this incident.

58. Dennis J. Smith

    Mr. Smith, 25, has refractive amblyopia in his right eye. His 
uncorrected visual acuity is 20/400 with the right eye and 20/20 with 
the left eye. In 2000, he underwent an examination by an optometrist 
who stated, ``It is my professional opinion that Mr. Smith has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' According to Mr. Smith, he has driven straight 
trucks and tractor-trailer combination vehicles for 6 years each, 
accumulating 78,000 miles in each. He holds a Class A CDL from 
Colorado, and his driving record shows no accidents or convictions for 
moving violations in the last 3 years.

59. Garfield A. Smith

    Mr. Smith, 52, has anisometropic amblyopia of the left eye. The 
best-corrected visual acuity is 20/20 in his right eye, and finger 
counting at 5 feet in his left eye. An optometrist examined him in 2000 
and affirmed, ``He does have sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' According to Mr. 
Smith's application, he has driven straight trucks for 5 years, 
accumulating 50,000 miles, and tractor-trailer combinations for 30 
years, accumulating 3 million miles. He holds a WV Class A CDL, and his 
driving record is clear of accidents and convictions for moving 
violations in a CMV during the last 3 years.

60. Gary L. Spelce

    Mr. Spelce, 55, has hyperopia with astigmatism; presbyopia; and 
amblyopia in his left eye. His corrected visual acuity in the right eye 
is 20/20 and in the left eye, 20/50. Following a 1999 examination, his 
optometrist stated, ``It is my optometric opinion that Mr. Spelce has 
sufficient vision to drive a commercial vehicle.'' Mr. Spelce stated 
that he has driven straight trucks for 20 years and 624,000 miles, and 
tractor-trailer combination vehicles for 10 years and 1 million miles. 
He holds a Texas Class AM CDL, and his official driving record shows no 
accidents or convictions for moving violations in a CMV for the last 3 
years.

61. Frederick E. St. John

    Mr. St. John is 42 years old and lost his left eye at age 7 due to 
an accident. His best-corrected vision in the right eye is 20/20. 
Following a 1999 examination, his optometrist stated, ``In my opinion 
and in view of the fact that Fred has been driving a truck for 22 years 
(according to him) safely, Fred has sufficient vision to drive and 
operate a commercial vehicle.'' According to Mr. St. John, he has 22 
years experience driving tractor-trailer trucks totaling 2.6 million 
miles. He has a Pennsylvania Class A CDL, and his driving record shows 
no accidents and one conviction for a moving violation of ``FT Obey 
Sign/Traffic Control Device'' in a CMV for the past 3 years.

62. Daniel R. Viscaya

    Mr. Viscaya, 38, has been completely blind in his left eye since 
birth secondary to amblyopia and a dense post-subcapsular cataract. His 
right eye sees 20/20 and requires no correction. Subsequent to an 
examination in 2000, his optometrist certified, ``It is my medical 
opinion that Mr. Viscaya's visual function is adequate to operate a

[[Page 66293]]

commercial vehicle.'' Mr. Viscaya stated that he has driven tractor-
trailer combination vehicles for 4\1/2\ years, accumulating 567,000 
miles. He holds a Class A CDL from North Carolina and has had no 
accidents or convictions for moving violations in a CMV for the last 3 
years, according to his driving record.

63. Michael P. Walsh

    Mr. Walsh, 41, is amblyopic in his right eye. His visual acuity 
with correction is 20/20 in the left eye and 20/200 in the right. He 
was examined in 2000, and his optometrist certified, ``In my opinion 
the patient has sufficient vision to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Walsh submitted that he has 
operated straight trucks for 20 years and 1 million miles, and tractor-
trailer combinations for 10 years and 520,000 miles. He holds a Class A 
XT CDL from Michigan. His driving record for the last 3 years shows no 
convictions for moving violations and one accident in a CMV. He was not 
charged in the accident. According to the accident report, the other 
driver crossed the middle double lines on a curve and struck Mr. 
Walsh's vehicle.

64. Jerry L. Whitefield

    Mr. Whitefield, 49, has amblyopia in his left eye. The best-
corrected vision in his right eye is 20/15, and in his left eye, 20/70. 
Following an examination in 2000, his optometrist stated, ``I will 
certify that his right eye has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Whitefield 
submitted that he has operated tractor-trailer combination vehicles for 
29 years, accumulating 2.9 million miles, and straight trucks for 4 
years, accumulating 200,000 miles. He holds a Class A CDL from 
Oklahoma, and his driving record for the last 3 years contains no 
accidents or convictions for moving violations in a CMV.

65. Robert E. Wientjes

    Mr. Wientjes, 59, has best-corrected vision in the right eye of 20/
20 and the left eye 20/400. His left eye has had a central corneal scar 
since 1985. Following a 2000 examination, his ophthalmologist stated, 
``As Mr. Wientjes'' vision has not changed in a number of years, I feel 
he has sufficient vision to operate a commercial vehicle, which he has 
done up until now.'' Mr. Wientjes reported that he has driven tractor-
trailer combination vehicles for 30 years and a total of 1.1 million 
miles. He holds a Kentucky Class DA CDL. His driving record for the 
last 3 years shows no accidents or convictions for moving violations in 
a CMV.

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 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; and 49 CFR 1.73.

    Issued on: October 30, 2000.
Clyde J. Hart, Jr.,
Acting Deputy Administrator, Federal Motor Carrier Safety 
Administration.
[FR Doc. 00-28204 Filed 11-2-00; 8:45 am]
BILLING CODE 4910-EX-P