[Federal Register Volume 70, Number 229 (Wednesday, November 30, 2005)]
[Notices]
[Pages 71884-71887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23490]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2005-22727]


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.

-----------------------------------------------------------------------

SUMMARY: This notice announces FMCSA's receipt of applications from 22 
individuals for an exemption from the vision requirement in the Federal 
Motor Carrier Safety Regulations. 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 Sec.  391.41(b)(10).

DATES: Comments must be received on or before December 30, 2005.

ADDRESSES: You may submit comments by any of the following methods. 
Please label your comments with DOT DMS Docket Number FMCSA-2005-22727.
    <bullet> Web site: http://dms.dot.gov. 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.
    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. To read background documents or comments received, go to 
http://dms.dot.gov or to 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.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Chief, Physical 
Qualifications Division, (202) 366-4001, FMCSA, Department of 
Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001. 
Office hours are from 8 a.m. to 5 p.m., e.t., Monday through Friday, 
except Federal holidays.

SUPPLEMENTARY INFORMATION:
    Public Comments: The DMS is generally available 24 hours each day, 
except when announced system maintenance requires a brief interruption 
in service. You can get electronic submission and retrieval help 
guidelines under the ``help'' section of the DMS web site. If you want 
us to notify you that we received your comments, please include a self-
addressed, stamped envelope or postcard. An acknowledgement page 
appears after submitting comments on-line and can be printed to 
document submission of comments.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the

[[Page 71885]]

comment (or signing the comment, if submitted on behalf of an 
association, business, labor union, etc.). You may review the 
Department of Transportation's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (Volume 65, Number 70; 
Pages 19477-78) or you may visit http://dms.dot.gov.

Background

    Under 49 U.S.C. 31315 and 31136(e), 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 22 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

Kerry L. Baxter

    Mr. Baxter, 52, has had amblyopia in his left eye since birth. The 
best corrected visual acuity in his right eye is 20/25 and in the left, 
20/200. His optometrist examined him in 2005 and noted, ``In my 
professional opinion, Mr. Baxter has sufficient vision to perform the 
driving tasks required to operate a commercial motor vehicle.'' Mr. 
Baxter reported that he has driven tractor-trailer combinations for 31 
years, accumulating 4.7 million miles. He holds a Class A CDL from 
Utah. His driving record for the last 3 years shows no crashes or 
convictions for moving violations in a CMV.

Donald J. Bierwirth, Jr.

    Mr.Bierwirth, 35, 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, 20/140. Following an examination in 2005, his optometrist noted, 
``In my medical opinion, Donald has sufficient vision to drive 
commercial vehicles safely.'' Mr. Bierwirth reported that he has driven 
straight trucks for 4 years, accumulating 180,000 miles. He holds a 
Class A CDL from Connecticut. 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 10 mph.

Arthur L. Bousema

    Mr. Bousema, 48, has had ambloyopia in his right eye since 
childhood. The best corrected visual acuity in his right eye is 20/700 
and in the left, 20/25. His optometrist examined him in 2005 and noted, 
``In my medical opinion you have sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Bousema 
reported that he has driven straight trucks for 30 years, accumulating 
300,000 miles and tractor-trailer combinations for 30 years, 
accumulating 300,000 miles. He holds a Class A CDL from California. His 
driving record for the last 3 years shows no crashes or convictions for 
moving violations in a CMV.

Curtis F. Caddy, III

    Mr. Caddy, 40, has had retinal detachment in his right eye since 
2002. The best corrected visual acuity in his right eye is hand motion 
at 6 feet and in the left eye, 20/20. Following an examination in 2005, 
his ophthalmologist noted, ``In my professional opinion, Mr. Caddy has 
sufficient vision to perform the visual tasks necessary for a 
commercial driver.'' Mr. Caddy reported that he has driven straight 
trucks for 18 years, accumulating 812,000 miles. He holds a Class B CDL 
from California. His driving record for the last 3 years shows no 
crashes or convictions for moving violations in a CMV.

Paul D. Crouch

    Mr. Crouch, 52, has had a congenital cataract is his left eye since 
childhood. The best corrected visual acuity in his right eye is 20/20 
and in the left, 20/200. Following an examination in 2005, his 
optometrist noted, ``He has sufficient vision, in my opinion, to 
perform the driving tasks required to operate a commercial vehicle as 
he has displayed in the past.'' Mr. Crouch reported that he has driven 
straight trucks for 14 years, accumulating 72,000 miles. He holds a 
Class C operators license from Oregon. His driving record for the last 
3 years shows no crashes or convictions for moving violation in a CMV.

Matthew Daggs

    Mr. Daggs, 45, lost his left eye due to a traumatic injury he 
sustained seven years ago. The best corrected visual acuity in his 
right eye is 20/20. His optometrist examined him in 2005 and noted, 
``In my opinion, the patient has sufficient vision to perform driving 
tasks required to operate a commercial vehicle.'' Mr. Daggs reported 
that he has driven straight trucks for 18 years, accumulating 387,000 
miles and tractor-trailer combinations for 15 years, accumulating 
30,000 miles. He holds a Class A CDL from Missouri. His driving record 
for the last 3 years shows no crashes or convictions for moving 
violations in a CMV.

Donald R. Date, Jr.

    Mr. Date, 42, has had amblyopia in his right eye since childhood. 
The best corrected visual acuity in his right eye is 20/200 and in the 
left, 20/20. Following an examination in 2005, his optometrist noted, 
``I certify that Mr. Date has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Date reported 
that he has driven straight trucks for 20 years, accumulating 200,000 
miles and tractor-trailer combinations for 17 years, accumulating 
765,000 miles. He holds a Class A CDL from Maryland. His driving record 
for the last 3 years shows no crashes or convictions for moving 
violations in a CMV.

Douglas M. Fuller

    Mr. Fuller, 55, is blind in his right eye due to a retinal 
detachment that occurred in 1993. The best corrected visual acuity in 
his left eye is 20/20. Following an examination in 2005, his 
optometrist noted, ``In my opinion, Mr. Fuller has sufficient vision to 
operate a commercial vehicle.'' Mr. Fuller reported that he has driven 
straight trucks for 38 years, accumulating 1.9 million miles, and 
tractor-trailer combinations for 15 years, accumulating 600 miles. He 
holds a Class A CDL from Illinois. His driving record for the last 3 
years shows no crashes or convictions for moving violations in a CMV.

Michael Grzybowski

    Mr. Grzybowski, 39, has had refractive amblyopia in his right eye 
since birth. The best corrected visual acuity in his right eye is light 
perception and in the left, 20/20. His optometrist examined him in 2005 
and noted, ``This patient has sufficient vision to perform driving 
tasks required to operate a commercial vehicle.'' Mr. Grzybowski 
reported that he has driven straight trucks for 20 years, accumulating 
one million miles. He holds a Class C operator's license from Maryland. 
His driving record for the last 3 years shows no crashes or convictions 
for moving violations in a CMV.

David L. Jones

    Mr. Jones, 60, 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, 
20/200. Following an examination in 2005, his optometrist noted, 
``Because this has been a lifelong condition, Mr. Jones

[[Page 71886]]

functions well with his situation and can perform his commercial 
driving tasks with a standard visual correction.'' Mr. Jones reported 
that he has driven tractor-trailer combinations for 14 years, 
accumulating 823,000 miles. He holds a Class A CDL from Ohio. His 
driving record for the last 3 years shows no crashes and 2 convictions 
for moving violations-speeding--in a CMV. He exceeded the speed limit 
by 13 and 12 mph--and had one seat belt violation in a CMV.

John E. Kimmet

    Mr. Kimmet, 35, has had amblyopia in his left eye since childhood. 
The best corrected visual acuity in his right eye is 20/20 and in the 
left, 20/200. His optometrist examined him in 2005 and noted that ``Mr. 
Kimmet's condition seems stable and he has adapted very well for his 
visual requirements. Visually he seems functional to fulfill the 
demands of a CMV license.'' Mr. Kimmett reported that he has driven 
straight trucks for 4 years, accumulating 110,000 miles. He holds a 
Class B CDL from Washington. His driving record for the last 3 years 
shows no crashes and one conviction for a moving violation--failure to 
obey a traffic sign--in a CMV.

Jason L. Light

    Mr. Light, 26, has an aphakia right eye, as a result of an injury 
that occurred when he was 15 years old. The best corrected visual 
acuity in his right eye is count-finger-vision at 3 feet and in the 
left, 20/20. His optometrist examined him in 2005 and noted, ``Mr. 
Light has sufficient vision to perform driving tasks, and operate 
commercial vehicles.'' Mr. Light reported that he has driven straight 
trucks for 3 years, accumulating 88,000 miles and tractor-trailer 
combinations for 2\1/2\ years, accumulating 5,000 miles. He holds a 
Class A CDL from Washington. His driving record for the last 3 years 
shows no crashes or convictions for moving violations in a CMV.

Douglas J. Mauton

    Mr. Mauton, 56, has had retinal vein occlusion in his left eye 
since 1996. The best corrected visual acuity in his right eye is 20/20 
and in the left, count-finger-vision at 5 feet. Following an 
examination in 2005, his optometrist noted, ``In my medical opinion, 
Mr. Mauton has sufficient vision to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Mauton reported that he has 
driven straight trucks for 30 years, accumulating 3,000 miles and 
tractor-trailer combinations for 25 years, accumulating 425,000 miles. 
He holds a Class A CDL from Kansas. His driving record for the last 3 
years shows no crashes or convictions for moving violations in a CMV.

Dennis L. Maxcy

    Mr. Maxcy, 47, has optic nerve damage in his left eye as a result 
of a childhood injury. The visual acuity in his right eye is 20/20 and 
in the left, peripheral vision only. Following an examination in 2005, 
his optometrist noted, ``I feel Mr. Maxcy has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Maxcy reported that he has driven straight trucks for 10 years, 
accumulating 450,000 miles. He holds a Class A CDL from New York. His 
driving record for the last 3 years shows no crashes or convictions for 
moving violations in a CMV.

Robert Mollicone

    Mr. Mollicone, 35, has an open globe injury from childhood and a 
retinal detachment, repaired 8 years ago, both in his left eye. The 
best corrected visual acuity in his right eye is 20/15 and in the left, 
20/100. Following an examination in 2005, his ophthalmologist noted, 
``I certify in my medical opinion that Mr. Mollicone has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Mollicone reported that he has driven straight trucks 
for 2 years, accumulating 60,000 miles and tractor-trailer combinations 
for 12 years, accumulating 280,000 miles. He holds a Class CA CDL from 
Michigan, which allows him to operate a vehicle with a gross weight of 
26,001 pounds or more, as well as a vehicle with a gross weight of 
26,001 pounds or less. His driving record for the last 3 years shows no 
crashes or convictions for moving violations in a CMV.

William P. Murphy

    Mr. Murphy, 65, has had amblyopia in his right eye since birth. The 
best corrected visual acuity in his right eye is 20/80 and in the left, 
20/20. Following an examination in 2005, his ophthalmologist noted, 
``In my medical opinion, William Murphy has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Murphy reported that he has driven straight trucks for 44 years, 
accumulating 1.8 million miles and tractor-trailer combinations for 17 
years, accumulating 510,000 miles. He holds a Class A CDL from Texas. 
His driving record for the last 3 years shows no crashes or convictions 
for moving violations in a CMV.

John V. Nehls

    Mr. Nehls, 53, has had refractive ambloypia in his left eye since 
birth. The best corrected visual acuity in his right eye is 20/15 and 
in the left, 20/200. Following an examination in 2005, his optometrist 
noted, ``In my medical opinion, Mr. Nehls has sufficient vision to 
operate a commercial vehicle.'' Mr. Nehls reported that he has driven 
tractor-trailer combinations for 32 years, accumulating 4 million 
miles. He holds a Class A CDL from South Dakota. His driving record for 
the last 3 years shows no crashes or convictions for moving violations 
in a CMV.

Dean B. Ponte

    Mr. Ponte, 37, 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 2005, his optometrist noted, 
``It is my opinion that he has sufficient vision to operate a 
commercial vehicle.'' Mr. Ponte reported that he has driven straight 
trucks for 15 years, accumulating 300,000 miles and tractor-trailer 
combinations for 3 years, accumulating 90,000 miles. He holds a Class A 
CDL from Massachusetts. His driving record for the last 3 years shows 
no crashes or convictions for moving violations in a CMV.

John P. Rodrigues

    Mr. Rodrigues, 58, 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 2005, his 
optometrist noted, ``It is my medical opinion that Mr. Rodrigues has 
sufficient vision to operate a commercial vehicle.'' Mr. Rodrigues 
reported that he has driven straight trucks for 20 years, accumulating 
1 million miles and tractor-trailer combinations for 20 years, 
accumulating 1.5 million miles. He holds a Class A CDL from Texas. His 
driving record for the last 3 years shows no crashes or convictions for 
moving violations in a CMV.

Paul D. Schnautz

    Mr. Schnautz, 57, has had a central scotoma in his left eye since 
childhood. The best corrected visual acuity in his right eye is 20/20 
and in the left, 20/400. His optometrist examined him in 2005 and 
noted, ``It is my opinion, Mr. Schnautz has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Schnautz reported that he has driven straight trucks for 14 years, 
accumulating 560,000 miles, and

[[Page 71887]]

tractor-trailer combinations for 38 years, accumulating 3 million 
miles. He holds a Class A CDL from Texas. His driving record for the 
last 3 years shows no crashes and one conviction--failure to use his 
seat belt properly--in a CMV.

Robert A. Sherry

    Mr. Sherry, 48, has had amblyopia in his right eye since childhood. 
The best corrected visual acuity in his right eye is 20/400 and in the 
left, 20/15. His optometrist examined him in 2005 and noted 
``Uncorrected visual acuity meets criteria to operate a commercial 
vehicle.'' Mr. Sherry reported that he has driven straight trucks for 5 
years, accumulating 25,000 miles and tractor-trailer combinations for 
30 years, accumulating 1.95 million miles. He holds a Class A CDL from 
Pennsylvania. His driving record for the last 3 years shows no crashes 
or convictions for moving violations in a CMV.

Thomas E. Voyles, Jr.

    Mr. Voyles, 53, has had histoplasmosis retinitis in his left eye 
since 1999. The best corrected visual acuity in his right eye is 20/15 
and in the left, count-finger-vision at 10 feet. His optometrist 
examined him in 2005 and noted ``It is my opinion that Thomas E. 
Voyles, Jr. has adequate vision to safely operate a commercial motor 
vehicle.'' Mr. Voyles reported that he has driven straight trucks for 
30 years, accumulating 150,000 miles. He holds a Class M chauffer 
license from Indiana. His driving record for the last 3 years shows no 
crashes or convictions for moving violations in a CMV.

    Issued on: November 21, 2005.
Rose A. McMurray,
Associate Administrator, Policy and Program Development.
[FR Doc. 05-23490 Filed 11-29-05; 8:45 am]
BILLING CODE 4910-EX-P