[Federal Register Volume 73, Number 156 (Tuesday, August 12, 2008)]
[Notices]
[Pages 46973-46975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18613]



[[Page 46973]]

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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.

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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:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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 self-addressed, 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, <a href="/cdn-cgi/l/email-protection#84e2e9e7f7e5e9e1e0ede7e5e8c4e0ebf0aae3ebf2"><span class="__cf_email__" data-cfemail="ec8a818f9f8d818988858f8d80ac888398c28b839a">[email protected]</span></a>, 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 4\1/2\ 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 tractor-trailer 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.

[[Page 46974]]

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 tractor-trailer.'' 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

[[Page 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


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