[Federal Register Volume 74, Number 104 (Tuesday, June 2, 2009)]
[Notices]
[Pages 26461-26464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12770]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket ID. FMCSA-2009-0121]


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 exemption 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 July 2, 2009.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2009-0121 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#36505b5545575b53525f55575a7652594218515940"><span class="__cf_email__" data-cfemail="ec8a818f9f8d818988858f8d80ac888398c28b839a">[email protected]</span></a>, FMCSA, Department of 
Transportation, 1200

[[Page 26462]]

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

Daniel F. Albers

    Mr. Albers, age 40, has complete loss of vision due to a traumatic 
injury sustained in 1996. The visual acuity in his right eye is 20/20. 
Following an examination in 2009, his optometrist noted, ``In my 
medical opinion, Mr. Albers has sufficient vision to perform the tasks 
required to operate a commercial vehicle.'' Mr. Albers reported that he 
has driven straight trucks for 18 years, accumulating 675,000 miles, 
and tractor-trailer combinations for 4 years, accumulating 100,000 
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.

Robert L. Brown

    Mr. Brown, 62, has loss of vision in his left eye due to a 
traumatic injury sustained in 1955. The best corrected visual acuity in 
his right eye is 20/20 and in his left eye, count-finger vision. 
Following an examination in 2008, his ophthalmologist noted, ``Mr. 
Brown has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Brown reported that he has driven 
straight trucks for 11 years, accumulating 275,000 miles. He holds a 
Class C operator's license from Illinois. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Nicholas Cafaro

    Mr. Cafaro, 60, has a prosthetic right eye due to a traumatic 
injury sustained as a child. The visual acuity in his left eye is 20/
20. Following an examination in 2009, his ophthalmologist noted, ``In 
my medical opinion, he has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Cafaro reported 
that he has driven straight trucks for 3 years, accumulating 168,000 
miles, tractor-trailer combinations for 2 years, accumulating 110,000 
miles. He holds a Class A CDL from New York. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Barry G. Church

    Mr. Church, 47, has had a macular scar in his left eye since 
childhood. The best corrected visual acuity in his right eye is 20/15 
and in his left eye, 20/400. Following an examination in 2009, his 
optometrist noted, ``In my professional opinion, you have sufficient 
visual abilities to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Church reported that he has straight trucks 
for 7 years, accumulating 560,000 miles, and buses for 7 years, 
accumulating 140,000 miles. He holds a Class D operator's license from 
Ohio. His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

David J. Comeaux

    Mr. Comeaux, 48, has had a prosthetic left eye since childhood. The 
visual acuity in his right eye is 20/20. Following an examination in 
2009, his optometrist noted, ``Mr. Comeaux has been driving 
commercially for years and I do not see any new problems with his 
vision or the health of his right eye. I feel he is capable of 
performing driving tasks.'' Mr. Comeaux reported that he has driven 
straight trucks for 30 years, accumulating 450,000 miles, and tractor-
trailer combinations for 30 years, accumulating 450,000 miles. He holds 
a Class A CDL from Louisiana. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Timothy D. Courtney

    Mr. Courtney, 48, has had parafoveal telangiectasia since 2001. The 
best corrected visual acuity in his right eye is 20/60 and in his left 
eye, 20/30. Following an examination in 2009, his optometrist noted, 
``It is my medical opinion that Mr. Courtney has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Courtney reported that he has driven straight trucks for 5 years, 
accumulating 200,000 miles, and tractor-trailer combinations for 19 
years, accumulating 1.5 million miles. He holds a Class A CDL from 
Oregon. His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

John J. Davis

    Mr. Davis, 46, has optical nerve damage and retinal scarring in his 
right eye due to a traumatic injury sustained as a child. The best 
corrected visual acuity eye in his right eye is light perception, and 
in the left, 20/20. Following an examination in 2009, his optometrist 
noted, ``Mr. Davis' vision is sufficient for commercial license and has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Davis reported that he has driven straight 
trucks for 22 years, accumulating 121,000 miles. He holds a Class B CDL 
from South Carolina. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Robert R. Donoho

    Mr. Donoho, 58, has had amblyopia in his left eye since birth. The 
best corrected visual acuity in his right eye is 20/100 and in the 
left, 20/20. Following an examination in 2009, his ophthalmologist 
noted, ``It is my opinion that he has vision sufficient to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Donoho 
reported that he has driven straight trucks for 9 years, accumulating 
225,000 miles, and tractor-trailer combinations for 12 years, 
accumulating 870,000 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.

Steven L. Forristall

    Mr. Forristall, 50, has complete loss of vision in his right eye 
due to a traumatic injury to his cornea sustained in 1980. The best 
corrected visual acuity in his left eye is 20/20. Following an 
examination in 2009, his ophthalmologist noted, ``In my opinion, Mr. 
Forristall has sufficient vision to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Forristall reported that he has 
driven straight trucks for 31 years, accumulating 310,000 miles. He 
holds a Class B CDL from Wisconsin. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

[[Page 26463]]

Rocky D. Gysberg

    Mr. Gysberg, 34, has had amblyopia in his left eye since childhood. 
The best corrected visual acuity in his right eye is 20/15 and in his 
left eye, 20/400. Following an examination in 2008, his optometrist 
noted, ``In my opinion, Rocky is visually capable of safely performing 
all required driving tasks required to operate a commercial motor 
vehicle.'' Mr. Gysberg reported that he has driven straight trucks for 
2 months, accumulating 1000 miles, and tractor-trailer combinations for 
8 years, accumulating 704,000 miles. He holds a Class A CDL from 
Minnesota. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Randy L. Huelster

    Mr. Huelster, 38, has complete loss of vision in his left eye due 
to a traumatic injury sustained in 2001. The visual acuity in his right 
eye is 20/15. Following an examination in 2009, his ophthalmologist 
noted, ``I certify in my best medical opinion that Randy Huelster has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle and any other vehicle of his choice.'' Mr. Huelster 
reported that he has driven straight trucks for 9 years, accumulating 
585,000 miles. He holds a Class D operator's license from Oklahoma. 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 18 mph.

Robert D. Kimmel

    Mr. Kimmel, 46, has optic nerve atrophy in his right eye since 
childhood. The best corrected visual acuity in his right eye is 20/800 
and in his left eye, 20/40. Following an examination in 2008, his 
optometrist noted, ``In my opinion, Mr. Kimmel is visually capable of 
operating a commercial vehicle at this time.'' Mr. Kimmel reported that 
he has driven straight trucks for 18 years, accumulating 450,000 miles, 
and tractor-trailer combinations for 18 years, accumulating 540,000 
miles. He holds a Class A CDL from Iowa. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Charles H. Lefew

    Mr. Lefew, 37, has loss of vision in his left eye due to a 
traumatic injury sustained since childhood. The visual acuity in his 
right eye is 20/20 and in his left eye, 20/400. Following an 
examination in 2009, his optometrist noted, ``Has sufficient functional 
vision required to operate commercial vehicle.'' Mr. Lefew reported 
that he has driven straight trucks for 5 years, accumulating 150,000 
miles, and tractor-trailer combinations for 1 year, accumulating 30,000 
miles. He holds a Class A CDL from Virginia. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Steve J. Morrison

    Mr. Morrison, 43, has complete loss of vision due to a congenital 
cataract. The best corrected visual acuity in his left eye is 20/20. 
Following an examination in 2009, his optometrist noted, ``It is my 
opinion that he does have sufficient visual abilities to continue to 
perform driving and operating a commercial vehicle in interstate 
commerce.'' Mr. Morrison reported that he has driven straight trucks 
for 26 years, accumulating 520,000 miles, and buses for 1 year, 
accumulating 1,500 miles. He holds a Class D operator's license from 
Idaho. His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Joseph B. Peacock

    Mr. Peacock, 30, has loss of vision in his left eye due to a 
traumatic injury sustained in 1995. The best corrected visual acuity in 
his right eye is 20/20 and in his left eye, 20/60. Following an 
examination in 2009, his optometrist noted, ``Based on the eye 
examination, I feel that Mr. Peacock has more than adequate visual 
acuity and peripheral vision to safely operate a commercial vehicle at 
this time.'' Mr. Peacock reported that he has driven straight trucks 
for 8 years, accumulating 56,000 miles, and tractor-trailer 
combinations for 8 years, accumulating 4,000 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.

Mark A. Pirl

    Mr. Pirl, 45, has had amblyopia in his left eye since birth. The 
best corrected visual acuity in his right eye is 20/20 and in his left 
eye, 20/200. Following an examination in 2009, his ophthalmologist 
noted, ``In my medical opinion, this patient has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Pirl reported that he has driven tractor-trailer combinations for 
17 years, accumulating 850,000 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.

Frank Price, Jr.

    Mr. Price, 50, has had amblyopia in his right eye since childhood. 
The best corrected visual acuity in his right eye is 20/20 and in his 
left eye, 20/200. Following an examination in 2009, his optometrist 
noted, ``In my opinion, Mr. Price has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Price 
reported that he has driven tractor-trailer combinations for 15 years, 
accumulating 1.6 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.

Terry L. Pruitt

    Mr. Pruitt, 58, has had amblyopia in his left eye since birth. The 
best corrected visual acuity in his right eye is 20/20 and in his left 
eye, 20/60. Following an examination in 2008, his optometrist noted, 
``Mr. Pruitt's ocular hypertension or amblyopia does not affect his 
ability to operate a commercial vehicle.'' Mr. Pruitt reported that he 
has driven tractor-trailer combinations for 36 years, accumulating 4.5 
million miles. He holds a Class A CDL from Kentucky. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Joseph E. Salter

    Mr. Salter, 50, has had amblyopia in his left eye since birth. The 
best corrected visual acuity in his right eye is 20/20 and in his left 
eye, 20/100. Following an examination in 2009, his optometrist noted, 
``In my medical opinion, he has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle and he should 
have no restrictions relating to his vision and driving.'' Mr. Salter 
reported that he has driven straight trucks for 6 years, accumulating 
123,498 miles, and tractor-trailer combinations for 5\1/2\ years, 
154,781 miles. He holds a Class A CDL from Tennessee. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Charles A. Terry

    Mr. Terry, 61, has had amblyopia in his right eye since childhood. 
The best corrected visual acuity in his right eye is 20/20 and in his 
left eye, 20/80. Following an examination in 2009, his optometrist 
noted, ``I, Dr. Dubose do attest that in my medical opinion, Mr. Terry 
does have sufficient vision to

[[Page 26464]]

perform the necessary tasks that are required to operate a commercial 
vehicle.'' Mr. Terry reported that he has driven straight trucks for 3 
years, accumulating 120,000 miles, and tractor-trailer combinations for 
22 years, 1.6 million miles. He holds a Class A CDL from Alabama. 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 12 mph.

Steven L. Thomas

    Mr. Thomas, 51, has endophthalmitis in his left eye after cataract 
surgery in 1997. The best corrected visual acuity in his right eye is 
20/15 and in the left, 20/400. Following an examination in 2009, his 
optometrist noted, ``Mr. Thomas has sufficient vision to drive and 
operate a commercial vehicle.'' Mr. Thomas reported that he has driven 
straight trucks for 15 years, accumulating 150,000 miles, and tractor-
trailer combinations for 22 years, accumulating 770,000 miles. He holds 
a Class A CDL from Indiana. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Daniel A. Wescott

    Mr. Wescott, 56, has had amblyopia in his left eye since birth. The 
best corrected visual acuity in his right eye is 20/20 and in his left 
eye, 20/400. Following an examination in 2009, his optometrist noted, 
``The result of his vision exam does in my medical opinion qualify him 
to drive a commercial vehicle.'' Mr. Wescott reported that he has 
driven straight trucks for 10 years, accumulating 130,000 miles, and 
tractor-trailer combinations for 26 years, accumulating 780,000 miles. 
He holds a Class A CDL from Colorado. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Donald J. Zuza

    Mr. Zuza, 62, has central retinal artery occlusion in his right 
eye. The best corrected visual acuity in his right eye is count-finger 
vision and in his left eye, 20/25. Following an examination in 2009, 
his ophthalmologist noted, ``In my medical opinion, Donald Zuza has 
sufficient vision to perform driving tasks required to operate a 
commercial vehicle.'' Mr. Zuza reported that he has driven straight 
trucks for 33 years, accumulating 330,000 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.

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 July 2, 2009. 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: May 26, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-12770 Filed 6-1-09; 8:45 am]
BILLING CODE 4910-EX-P


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