[Federal Register Volume 66, Number 109 (Wednesday, June 6, 2001)]
[Notices]
[Pages 30502-30504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14239]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2001-9561]


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 
22 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 July 6, 2001.

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, Ms. Elaine Walls, Office of the 
Chief Counsel, (202) 366-1394, 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 see all the comments online through the Document Management 
System (DMS) at: http://dmses.dot.gov/submit.

Background

    Twenty-two 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-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. Roger D. Anderson

    Mr. Anderson, 62, has amblyopia in his right eye. He has visual 
acuities of finger counting with his right eye, and 20/20 with his left 
eye. As the result of an examination in 2000, his optometrist 
concluded, ``Mr. Anderson has been driving like this all of his life 
and I believe he has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Anderson reported that 
he has 45 years and 450,000 miles of experience operating straight 
trucks; 10 years and 200,000 miles of experience operating tractor-
trailer combinations; and 2 years and 18,000 miles of experience 
operating buses. He holds a Class A CDL from Kansas, and there are no 
accidents and one conviction for a moving violation--Speeding--in a CMV 
on his driving record for the last 3 years. He exceeded the speed limit 
by 13 mph.

2. Joey E. Buice

    Mr. Buice, age 30, has a prosthetic right eye due to an injury in 
1981. He has uncorrected visual acuity of 20/10 in the left eye. 
Following an examination in 2001, his ophthalmologist stated, ``In my 
professional opinion his vision is stable and he is capable of driving 
a commercial vehicle, such as a tractor-trailer without difficulty or 
risk.'' Mr. Buice reported that he has driven straight trucks for 6 
years and has accumulated 60,000 miles. He holds a Class B CDL from 
Georgia, and his driving record for the last 3 years shows no accidents 
or convictions for moving violations in a CMV.

3. Ronald D. Danberry

    Mr. Danberry, 43, has exotropia and amblyopia of the right eye. His 
corrected and uncorrected visual acuity is 20/60 in the right eye and 
20/20 in the left eye. An optometrist who examined him in 2001 stated, 
``I certify, in my medical opinion, that Ronald has more than 
sufficient vision to operate a commercial vehicle safely.'' According 
to Mr. Danberry's application, he has 3\1/2\ years of experience 
driving straight trucks, totaling 52,000 miles; and 3\1/2\ years of 
experience driving tractor-trailers, totaling 122,000 miles. He holds a 
Minnesota Class A CDL and has had no accidents or moving violations in 
a CMV for the past 3 years.

4. Paul W. Dawson

    Mr. Dawson, 51, has amblyopia in his left eye, which causes 20/200 
best-corrected visual acuity in that eye. In his right eye, his best-
corrected visual acuity is 20/20. His optometrist examined him in 2001 
and stated, ``Our opinion is that Paul has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle. Indeed he 
has safely done so for over 20 years!'' Mr. Dawson submitted that he 
has driven 1.9 million miles in tractor-trailer combination vehicles 
over 20 years. He holds a Class A CDL from

[[Page 30503]]

Colorado. His driving record shows no accidents and one conviction for 
a moving violation--Stopping on Highway--in a CMV for the last 3 years.

5. Lois E. DeSouza

    Ms. DeSouza, 63, has had decreased vision in her right eye since 
December, 1995, after attempted repair of a retinal detachment with 
development of scar tissue. Her visual acuities are light perception in 
the right eye and 20/30+, with correction, in the left eye. Her 
ophthalmologist examined her in 2000 and stated, ``Ms. DeSouza has been 
able to perform her tasks in terms of driving this commercial vehicle 
since her injury to the right eye and I feel that she will have 
sufficient vision to continue to operate this vehicle safely.'' Ms. 
DeSouza reported that she has driven tractor-trailer combinations for 
20 years, accumulating 1.2 million miles. She holds a Class A CDL from 
Tennessee, and she has no accidents or convictions for moving 
violations in a CMV on her driving record for the past three years.

6. Richard L. Gandee

    Mr. Gandee, 44, has had central serous retinopathy in his left eye 
since April 1997. His visual acuity is 20/20 in the right eye and 20/50 
in the left eye. Following an examination in 2001, his ophthalmologist 
certified, ``In my medical opinion, I feel he has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Gandee reported he has driven tractor-trailer combinations for 15 
years, accumulating 975,000 miles, and straight trucks for 5 years, 
accumulating 650,000 miles. He holds a Class A CDL from Ohio. His 
driving record for the last 3 years shows he has had one accident and 
no convictions for moving violations in a CMV. According to the police 
report for the accident, the driver of another vehicle coming toward 
him crossed the center line and struck the vehicle Mr. Gandee was 
driving. The other driver was charged with ``Failure to Control.''

7. Steven A. Garrity

    Mr. Garrity, 38, has a visual acuity in the right eye of 20/20 and 
in the left eye hand motion due to a retinal detachment in 1978. Mr. 
Garrity was examined in 2000 and his optometrist stated, ``It is my 
opinion that Steve has sufficient vision to operate a commercial 
vehicle due to the fact that he is 20/20 in the right eye and his 
peripheral vision is very good.'' Mr. Garrity submitted that he has 
driven straight trucks for 20 years, accumulating 300,000 miles, and 
tractor-trailer combinations for 18 years, accumulating 270,000 miles. 
He holds a Massachusetts Class AM CDL, and his driving record for the 
last 3 years contains no accidents or convictions for moving violations 
in a CMV.

8. Chester L. Gray

    Mr. Gray, 28, has amblyopia in his left eye. His best-corrected 
visual acuity is 20/15 in the right eye and 20/50 in the left eye. As a 
result of a 2001 examination, his optometrist affirmed, ``In my 
opinion, his vision is good enough to permit him to safely operate a 
commercial motor vehicle.'' Mr. Gray reported that he has driven 
tractor-trailer combination vehicles and straight trucks for 9 years, 
accumulating 360,000 miles in the former and 45,000 miles in the 
latter. He holds a Class A CDL from Texas, and his driving record for 
the last 3 years shows no accidents or convictions for moving 
violations in a CMV.

9. Waylon E. Hall

    Mr. Hall, 33, has amblyopia in his left eye. He sees 20/300 not 
correctable with his left eye and 20/20 corrected with his right eye. 
An optometrist examined him in 2001 and stated, ``I feel Mr. Hall would 
be capable of performing all driving tasks associated with the 
operation of a commercial vehicle.'' Mr. Hall reported he has driven 
tractor-trailer combinations 3 years, accumulating 405,000 miles. He 
holds a Louisiana Class E regular license currently, but held a Class A 
CDL for the 3-year period prior to his date of application. He has had 
no CMV accidents or convictions for moving violations for the past 3 
years, according to his driving record.

10. Jeffery M. Kimsey

    Mr. Kimsey, 34, has a loss of central vision in his right eye due 
to an injury in 1986. His visual acuity in the right eye is finger 
counting at 3 feet, and in the left eye, 20/20, best-corrected. An 
optometrist examined him in 2001 and stated, ``It is my opinion that 
this patient has sufficient vision to operate a commercial vehicle.'' 
According to Mr. Kimsey's application, he has driven 192,000 miles in 
tractor-trailer combination vehicles over 16 years. He holds a Class A 
CDL from Georgia. In the last 3 years he has had no accidents and one 
conviction for a moving violation--Speeding--in a CMV on his driving 
record. He exceeded the speed limit by 13 mph.

11. Gerald L. Phelps

    Mr. Phelps, 53, is blind in his right eye due to an injury at 4 
years of of age. His visual acuity is 20/20-in the left eye. His 
optometrist examined him in 2001 and certified, ``In my medical 
opinion, Gerald is a safe driver and has sufficient vision to perform 
tasks required of a truck driver in a commercial environment.'' In his 
application, Mr. Phelps reported that he has driven tractor-trailer 
combinations for 35 years, accumulating 1.4 million miles. He holds a 
Pennsylvania Class AM CDL, and there are no accidents or convictions 
for moving violations in a CMV on his driving record for the last 3 
years.

12. Doyle E. Ramsey

    Mr. Ramsey, 58, has amblyopia in his left eye. His corrected visual 
acuity in the right eye is 20/20, and in the left eye, 20/
60<SUP>-1</SUP>. An optometrist examined him in 2001 and affirmed, ``In 
my medical/optical opinion I feel Mr. Ramsey has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Ramsey stated he has driven straight trucks for 12 years, 
accumulating 624,000 miles. He holds an Indiana chauffeur's license, 
and his official driving record for the last 3 years shows no accidents 
and no convictions for moving violations in a CMV.

13. Michael J. Risch

    Mr. Risch, 49, has an amblyopic right eye, which has only counting 
finger vision. His left eye has vision of 20/20-2. Following an 
examination in 2000, his opthalmologist certified, ``After examination, 
it is my medical opinion that Mr. Risch has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
According to his application, Mr. Risch has operated tractor-trailer 
combinations for 25 years and 2.7 million miles. He holds a Class ABCD 
CDL from Wisconsin, and his driving record for the last 3 years shows 
no accidents or convictions for moving violations in a CMV.

14. Tim M. Seavy

    Mr. Seavy, 32, has amblyopia in his right eye. His best-corrected 
visual acuity is 20/200 in the right eye and 20/20 in the left eye. His 
ophthalmologist examined him in 2000 and affirmed, ``Visual deficiency 
is stable and visual fields are over 120 degrees. I feel that the 
vision is sufficient for driving tasks required for operating a 
commercial vehicle.'' Mr. Seavy stated he has driven tractor-trailer 
combination vehicles for 4 years, accumulating 561,000 miles, and 
straight trucks for 7 years, accumulating 728,000 miles. He holds an 
Indiana Class A CDL, and he has no accidents

[[Page 30504]]

or convictions for moving violations on his driving record for the last 
3 years.

15. Kim L. Seibel

    Mr. Seibel, 49, has amblyopia in his left eye. He has best-
corrected visual acuity of 20/20 in the right eye and 20/100+ in the 
left eye. As a result of an examination in 2001, his optometrist 
stated, ``In my opinion Kim has sufficient vision to perform the 
driving task required to operate a commercial vehicle.'' According to 
Mr. Seibel's application, he has driven tractor-trailer combinations 
for 25 years, accumulating 2.5 million miles. He holds a Class A CDL 
from South Dakota, and his driving record shows no accidents or 
convictions for moving violations in a CMV during the last 3 years.

16. Edd J. Stabler

    Mr. Stabler, 53, is aphakic in the left eye due to an eye injury in 
1961. His right eye corrects to 20/20 and the left eye perceives hand 
motion only. His optometrist examined him in 2000 and certified, ``Mr. 
Stabler has sufficient vision to perform driving tasks required to 
operate a commercial vehicle.'' Mr. Stabler reported he has driven 
tractor-trailer combinations for 13 years, accumulating 1.2 million 
miles, and straight trucks for 9 years, accumulating 702,000 miles. He 
holds an Alabama Class AM CDL, and in the last 3 years, he has had no 
accidents or convictions for moving violations in a CMV.

17. Randy D. Stanley

    Mr. Stanley, 43, has amblyopia in his left eye. His vision in the 
right eye is 20/20 and in the left eye 20/80, best-corrected. Following 
a 2001 examination, his optometrist stated, ``It is my medical opinion 
that Mr. Stanley has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' In his application, Mr. 
Stanley reported that he has driven tractor-trailer combinations and 
straight trucks for 21 years, accumulating 420,000 miles in the former 
and 10,000 miles in the latter. He holds a North Carolina Class A CDL, 
and has had no accidents or convictions for moving violations in a CMV 
for the past 3 years, according to his driving record.

18. Lee T. Taylor

    Mr. Taylor, 42, has worn a prosthetic right eye for 35 years, due 
to an injury. Visual acuity in his left eye is 20/20 with correction. 
His ophthalmologist examined him in 2000 and stated, ``My medical 
opinion based on ophthalmologic findings is that Mr. Taylor should be 
permitted to operate commercial motor vehicles.'' Mr. Taylor submitted 
that he has driven tractor-trailer combinations for 7 years, traveling 
766,000 miles, and straight trucks for 6 years, traveling 262,000 
miles. He holds a Class A license from Florida, and his driving record 
for the last 3 years shows no accidents and one conviction for a moving 
violation--Unlawful Speed--in a CMV. He exceeded the speed limit by 9 
mph.

19. James Melvin Tayman, Sr.

    Mr. Tayman, 63, sustained an injury to the left eye approximately 
40 years ago and has been blind in that eye ever since. His right eye 
has visual acuity of 20/20, with correction. Following an examination 
in 2001, his ophthalmologist stated, ``In addition to his excellent 
visual function in the right eye, Mr. Tayman has a record of driving 
400 miles per day professionally, since 1963, with no accidents. He is 
fully able to operate a commercial vehicle, and is likely a safer 
driver than most who pass through your office.'' Mr. Tayman submitted 
that he has driven tractor-trailer combination vehicles for 23 years 
accumulating 1.8 million miles, and straight trucks for 19 years 
accumulating 1.5 million miles. He holds a Class A CDL from Maryland, 
and his driving record shows no accidents or convictions for moving 
violations in a CMV during the last 3 years.

20. Wesley E. Turner

    Mr. Turner, 41, has an aphakic, amblyopic left eye due to trauma at 
age 6. His vision in the right eye is 20/20 without correction, and in 
the left eye 20/800 not correctable. He was examined in 2001 and his 
ophthalmologist stated, ``Since his vision is stable, visual field is 
normal and Mr. Turner has driven professionally in the past, I see no 
reason he could not operate a commercial vehicle now.'' In his 
application, Mr. Turner reported that he has driven tractor-trailer 
combinations for 18 years, accumulating 1.3 million miles, and straight 
trucks for 2 years, accumulating 50,000 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 past 3 years.

21. Edward W. Yeates, Jr.

    Mr. Yeates, 33, has amblyopia in the right eye. His best vision 
with correction is 20/80 in the right eye and 20/20 in the left eye. 
Following an examination in 2000, his ophthalmologist certified, 
``Since this condition has been present for the patient's entire life 
he should have no difficulty judging distance and his peripheral vision 
is entirely normal. I feel that he can safely operate a commercial 
vehicle.'' Mr. Yeates submitted that he has driven tractor-trailer 
combinations and straight trucks for 9 years, accumulating 720,000 
miles in the former and 288,000 miles in the latter. He holds a 
Mississippi Class A CDL, and his driving record for the last 3 years 
shows no accidents and no convictions for moving violations in a CMV.

22. John C. Young

    Mr. Young, 44, has amblyopia in the right eye. His visual acuity is 
20/60 in the right eye and 20/15 in the left eye. Following a 2000 
examination, his ophthalmologist noted, ``In my opinion, Mr. Young has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' According to Mr. Young, he has operated tractor-
trailer combinations for 20 years, accumulating 1.5 million miles. A 
holder of a Class AM CDL from Virginia, he has had no accidents or 
citations for moving violations in a CMV for the last 3 years.

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: May 31, 2001.
Stephen E. Barber,
Acting Deputy Administrator.
[FR Doc. 01-14239 Filed 6-5-01; 8:45 am]
BILLING CODE 4910-EX-P