Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Notices 46973 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket ID. FMCSA–2008–0231] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of applications for 

exemptions; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from 23 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 September 11, 2008. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket ID FMCSA–

2008–0231 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building, 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery: West Building, 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal 

Holidays. 

• Fax: 1–202–493–2251. 

Each submission must include the 

Agency name and the docket ID for this 

Notice. Note that DOT posts all 

comments received without change to 

http://www.regulations.gov, including 

any personal information included in a 

comment. Please see the Privacy Act 

heading below. 

Docket: For access to the docket to 

read background documents or 

comments, go to http:// 

www.regulations.gov at any time or 

Room W12–140 on the ground level of 

the West Building, 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The 

FDMS is available 24 hours each day, 

365 days each year. If you want 

acknowledgment that we received your 

comments, please include a selfaddressed, stamped envelope or 

postcard, or print the acknowledgement 

page that appears after submitting 

comments on-line. 

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 19476). This information is also 

available at http://Docketsinfo.dot.gov. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Mary D. Gunnels, Director, Medical 

Programs, (202) 366–4001, 

fmcsamedical@dot.gov, FMCSA, 

Department of Transportation, 1200 

New Jersey Avenue, SE., Room W64–

224, 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 23 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 

William C. Ball 

Mr. Ball, age 39, has had amblyopia 

in his right eye since childhood. The 

best corrected visual acuity in his right 

is eye is 20/200 and in the left, 20/20. 

Following an examination in 2008 his 

ophthalmologist noted, ‘‘I certify in my 

medical opinion that Mr. Ball has 

sufficient vision to perform the driving 

task required to operate a commercial 

vehicle.’’ Mr. Ball reported that he has 

driven straight trucks for 41⁄2 years, 

accumulating 146,250 miles. He holds a 

Class A Commercial Driver’s License 

(CDL) from North Carolina. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Terrence L. Benning 

Mr. Benning, 53, has aphakia in his 

left eye due to a traumatic injury he 

sustained as a child. The best corrected 

visual acuity in his right eye is 20/25 

and in the left, hand-motion vision. 

Following an examination in 2008, his 

ophthalmologist noted, ‘‘Based on the 

fact that he has recently been 

functioning well driving a commercial 

vehicle, it is my medical opinion that he 

does have sufficient vision to operate a 

commercial vehicle.’’ Mr. Benning 

reported that he has driven straight 

trucks for 10 years, accumulating 

250,000 miles, and tractor-trailer 

combinations for 25 years, accumulating 

2.9 million miles. He holds a Class A 

CDL from Wisconsin. His driving record 

for the last 3 years shows no crashes and 

no convictions for moving violations in 

a CMV. 

Rickie L. Boone 

Mr. Boone, 48, has loss of vision in 

his right eye due to a detached retina 

which occurred in 2001. The visual 

acuity in his right eye is light perception 

and in the left, 20/20. Following an 

examination in 2008, his optometrist 

noted, ‘‘In my medical opinion, Mr. 

Boone is able to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Boone reported that he has 

driven straight trucks for 28 years, 

accumulating 1.1 million miles, and 

tractor-trailer combinations for 28 years, 

accumulating 1.1 million miles. 

He holds a Class A CDL from North 

Carolina. His driving record for the last 

3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Robert S. Bowen 

Mr. Bowen, 49, has had a prosthetic 

left eye due to a history of melanoma 

since 1994. The best corrected visual 

acuity in his right eye is 20/20. 

Following an examination in 2008, his 

optometrist noted, ‘‘It is my opinion that 

Mr. Bowen is visually qualified to 

perform the tasks necessary to operate a 

commercial vehicle.’’ Mr. Bowen 

reported that he has driven tractortrailer combinations for 31 years, 

accumulating 2.5 million miles. He 

holds a Class A CDL from Georgia. His 

driving record for the last 3 years shows 

one crash, for which he was not cited, 

and no convictions for moving 

violations in a CMV. 


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46974 Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Notices 

Dennis R. Buszkiewicz 

Mr. Buszkiewicz, 55, 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, 20/50. Following an 

examination in 2008, his 

ophthalmologist noted, ‘‘I certify that 

Dennis R. Buszkiewicz has sufficient 

vision to perform the driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Buszkiewicz reported that 

he has driven straight trucks for 35 

years, accumulating 1 million miles. He 

holds a Class B CDL from Illinois. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Larry T. Byrley 

Mr. Byrley, 62, has had a macular scar 

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 2008, his 

ophthalmologist noted, ‘‘The patient has 

a long standing loss of vision in the left 

eye. This should pose no problem in 

him driving a commercial vehicle.’’ Mr. 

Byrley reported that he has driven 

straight trucks for 5 years, accumulating 

150,000 miles, and tractor-trailer 

combinations for 11 years, accumulating 

935,000 miles. He holds a Class A CDL 

from Ohio. His driving record for the 

last 3 years shows one crash, for which 

he was not cited, and no convictions for 

moving violations in a CMV. 

Robert J. Clarke 

Mr. Clarke, 51, 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 2008, his 

optometrist noted, ‘‘It is my personal 

opinion that Mr. Clarke has sufficient 

vision to perform the driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Clarke reported that he 

has driven straight trucks for 20 years, 

accumulating 728,000 miles. He holds a 

Class B CDL from New York. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Eldon D. Cochran 

Mr. Cochran, 71, 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 2008, his 

optometrist noted, ‘‘I believe Mr. 

Cochran has sufficient vision to operate 

a commercial vehicle.’’ Mr. Cochran 

reported that he has driven straight 

trucks for 10 years, accumulating 

208,000 miles, and tractor-trailer 

combinations for 26 years, accumulating 

2 million miles. He holds a Class D 

operator’s license from Alabama. 

His driving record for the last 3 years 

shows one crash, for which he was not 

cited, and no convictions for moving 

violations in a CMV. 

Alfred A. Constantino 

Mr. Constantino, 59, has had 

amblyopia in his right eye since 1995. 

The best corrected visual acuity in his 

right eye is 20/60 and in the left, 20/25. 

Following an examination in 2008, his 

optometrist noted, ‘‘In my medical 

opinion Alfred Constantino has 

sufficient vision to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Constantino reported that 

he has driven straight trucks for 40 

years, accumulating 400,000 miles, and 

tractor-trailer combinations for 4 years, 

accumulating 10,000 miles. He holds a 

Class 10 operator’s license from Rhode 

Island; this allows him to drive which 

allows him to operate any motor vehicle 

except a motorcycle and a vehicle that 

weighs more than 26,000 pounds, 

carries 16 or more passengers or 

transports placarded amounts of 

hazardous materials. His driving record 

for the last 3 years shows no crashes and 

no convictions for moving violations in 

a CMV. 

James R. Corley 

Mr. Corley, 65, has a prosthetic right 

eye due to a traumatic injury sustained 

as a child. The best corrected visual 

acuity in his left eye is 20/20. Following 

an examination in 2008, his 

ophthalmologist noted, ‘‘It is my 

opinion that if persons with one are eye 

are legal to operate a commercial 

vehicle, then Mr. Corley has sufficient 

visual ability to do so.’’ Mr. Corley 

reported that he has driven straight 

trucks for 19 years, accumulating 

152,000 miles. He holds a Class B CDL 

from Alabama. His driving record for 

the last 3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Larry D. Curry 

Mr. Curry, 57, has a complete loss of 

vision in his left eye due to a traumatic 

injury sustained as a child. The visual 

acuity in his right eye is 20/20. 

Following an examination in 2008, his 

optometrist noted, ‘‘It is my opinion that 

Mr. Curry does have sufficient vision to 

safely operate a commercial vehicle.’’

Mr. Curry reported that he has driven 

tractor-trailer combinations for 9 years, 

accumulating 900,000 miles. He holds a 

Class A CDL from Georgia. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Brian F. Denning 

Mr. Denning, 47, 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 2008, his 

optometrist noted, ‘‘It is my belief that 

Brian has sufficient vision to safely 

drive a commercial vehicle.’’ Mr. 

Denning reported that he has driven 

straight trucks for 23 years, 

accumulating 920,000 miles. He holds a 

Class A CDL from California. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Michael W. Dillard 

Mr. Dillard, 35, has hyperopia and 

astigmatism in his left eye since 

childhood. The best corrected visual 

acuity in his right eye is 20/20 and in 

the left, 20/50. Following an 

examination in 2008, his optometrist 

noted, ‘‘Mr. Dillard has sufficient visual 

acuity and fields to operate a tractortrailer.’’ Mr. Dillard reported that he has 

driven straight trucks for 10 years, 

accumulating 555,000 miles, and 

tractor-trailer combinations for 4 years, 

accumulating 222,000 miles. He holds a 

Class A CDL from West Virginia. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Kelly M. Greene 

Mr. Greene, 46, has had a corneal scar 

and amblyopia in his left eye since 

childhood. The visual acuity in his right 

eye is 20/20 and in the left, 20/200. 

Following an examination in 2008, his 

ophthalmologist noted, ‘‘Patient has 

sufficient vision to perform driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Greene reported that he 

has driven straight trucks for 15 years, 

accumulating 1.7 million miles. He 

holds a Class A CDL from Florida. His 

driving record for the last 3 years shows 

no crashes and two convictions for 

moving violations in a CMV; following 

another vehicle too closely, and 

speeding in a CMV. He exceeded the 

speed limit by 6 mph. 

Sammy K. Hines 

Mr. Hines, 60, 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, 20/20. 

Following an examination in 2008, his 

optometrist noted, ‘‘Based on the 

examination results, Mr. Hines has 

sufficient vision in both eyes to perform 

the driving tasks required to operate a 


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Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Notices 46975 

commercial vehicle.’’ Mr. Hines 

reported that he has driven straight 

trucks for 18 years, accumulating 

216,000 miles, and tractor-trailer 

combinations for 18 years, accumulating 

216,000 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. 

John H. Holmberg 

Mr. Holmberg, 63, 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, 20/70. 

Following an examination in 2008 his 

optometrist noted, ‘‘I would concur with 

these results and agree that Mr. 

Holmberg has adequate vision to operate 

a commercial vehicle.’’ Mr. Holmberg 

reported that he has driven straight 

trucks for 20 years, accumulating 50,000 

miles. He holds a Class A CDL from 

Wisconsin. His driving record for the 

last 3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Gary R. Lomen 

Mr. Lomen, 49, 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, 20/50. 

Following an examination in 2008, his 

optometrist noted, ‘‘In my opinion, Mr. 

Lomen can operate a commercial 

vehicle safely with his current vision, 

based on years of success with his 

visual condition.’’ Mr. Lomen reported 

that he has driven straight trucks for 16 

years, accumulating 542,400 miles. He 

holds an operator’s license from 

Washington. His driving record for the 

last 3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Leonardo Lopez, Jr. 

Mr. Lopez, 36, has complete loss of 

vision in his right eye due to chronic 

retinal detachment. The best corrected 

visual acuity in his left eye is 20/30. 

Following an examination in 2007 his 

ophthalmologist noted, ‘‘I believe that 

Mr. Lopez has sufficient vision to 

perform driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Lopez reported that he has driven 

straight trucks for 9 years, accumulating 

126,000 miles. He holds a Class D 

operator’s license from New Jersey. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Jeffrey F. Meier 

Mr. Meier, 50, has had a macular scar 

in his left eye due to toxoplasmosis 

since birth. The best corrected visual 

acuity in his right eye is 20/25 and in 

the left, 20/150. Following an 

examination in 2008 his 

ophthalmologist noted, ‘‘My opinion is 

that he has sufficient vision to operate 

a commercial vehicle.’’ Mr. Meier 

reported that he has driven straight 

trucks for 30 years, accumulating 

675,000 miles. He holds a Class D 

operator’s license from Iowa. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

James G. Mitchell 

Mr. Mitchell, 41, has a prosthetic left 

eye due to a traumatic injury that 

occurred in 1993. The visual acuity in 

his left eye is 20/20. Following an 

examination in 2007 his optometrist 

noted, ‘‘I feel Mr. Mitchell is visually 

able to operate a motor vehicle in all 

lighting conditions with a driver’s side 

mirror.’’ Mr. Mitchell reported that he 

has driven tractor-trailer combinations 

for 16 years, accumulating 2.2 million 

miles. He holds a Class D operator’s 

license from Alabama. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Billy R. Pierce 

Mr. Pierce, 59, has a decreased right 

eye due to a severe infection that 

occurred in 2004. The best corrected 

visual acuity in his right eye is 20/20 

and in the left, 20/400. Following an 

examination in 2008, his optometrist 

noted, ‘‘It is my opinion, that Mr. Pierce 

has the ability and visual ability to 

operate a commercial vehicle.’’ Mr. 

Pierce reported that he has driven 

straight trucks for 43 years, 

accumulating 1.3 million miles, and 

tractor-trailer combinations for 29 years, 

accumulating 435,000 miles. He holds a 

Class D operator’s license from 

Alabama. His driving record for the last 

3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

James A. Rapp 

Mr. Rapp, 46, has had loss of vision 

in his left eye due to childhood 

glaucoma. The visual acuity in his right 

eye is 20/20 and in the left, count-finger 

vision. Following an examination in 

2008, his ophthalmologist noted, ‘‘In my 

opinion, he has sufficient vision to 

perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Rapp reported that he has driven 

straight trucks for 18 years, 

accumulating 374,400 miles. He holds a 

Class D operator’s license from Ohio. 

His driving record for the last 3 years 

shows one crash, which he was cited 

for, and no other convictions for moving 

violations in a CMV. 

Thomas P. Shank 

Mr. Shank, 41, has had exotropia in 

his right eye since birth. The best 

corrected visual acuity in his right eye 

is count-finger vision and in the left, 20/ 

16. Following an examination in 2008, 

his optometrist noted, ‘‘In my medical 

opinion, Mr. Shank has sufficient vision 

to perform the driving tasks required to 

operate a commercial vehicle at any 

time of day or night.’’ Mr. Shank 

reported that he has driven straight 

trucks for 5 years, accumulating 250,000 

miles, and tractor-trailer combinations 

for 19 years, accumulating 1.7 million 

miles. He holds a Class A CDL from 

New York. His driving record for the 

last 3 years shows no crashes and two 

convictions for moving violations in a 

CMV; unsafe lane changes, and 

speeding in a CMV. He exceeded the 

speed limit by 9 mph. 

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 September 11, 2008. 

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: August 7, 2008, 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E8–18613 Filed 8–11–08; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

[Docket No: FTA–2008–0009] 

National Transit Database: Policy on 

Reporting of Coordinated Human 

Services Transportation Data 

AGENCY: Federal Transit Administration 

(FTA), DOT. 


sroberts on PROD1PC70 with NOTICES