[Federal Register: July 11, 2002 (Volume 67, Number 133)]
[Notices]               
[Page 46016-46020]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11jy02-100]                         

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2002-12294]

 
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 
30 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 391.41(b)(10).

DATES: Comments must be received on or before August 12, 2002.

ADDRESSES: You can mail or deliver comments to the U.S. Department of 
Transportation, Dockets Management Facility, Room PL-401, 400 Seventh 
Street, SW., Washington, DC 20590-0001. You can also submit comments 
and see the submissions of other commenters at http://dms.dot.gov. 
Please include the docket number that appears in the heading of this 
document. You can examine and copy this document and all comments 
received at the same Internet address or at the Dockets Management 
Facility from 9 a.m. to 5 p.m., e.t., Monday through Friday, except 
Federal holidays. If you want to know that we received your comments, 
please include a self-addressed, stamped postcard or include a copy of 
the acknowledgement page that appears after you submit 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, FMCSA, Department of 
Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001. 
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

    Thirty 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 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.'' 
The statute also allows the agency to renew exemptions at the end of 
the 2-year period. Accordingly, the agency will evaluate the 
qualifications of each applicant to determine whether granting the 
exemptions will achieve the required level of safety.

[[Page 46017]]

Qualifications of Applicants

1. Danny Adams

    Mr. Adams, age 44, has finger-counting vision in his right eye due 
to childhood trauma. The best-corrected visual acuity in his left eye 
is 20/20. An optometrist examined him in 2001 and certified, ``This 
patient has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Adams reported that he has driven 
straight trucks for 27 years, accumulating 157,000 miles. He holds a 
Class A commercial driver's license (CDL) from South Carolina, and his 
driving record for the last 3 years shows no accidents or convictions 
for moving violations in a CMV.

2. Michael D. Armstrong

    Mr. Armstrong, 52, has amblyopia in his right eye. His best-
corrected vision is 20/50 in the right eye and 20/20 in the left. 
Following an examination in 2001, his optometrist certified, ``It is my 
opinion that his vision is sufficient to operate a commercial 
vehicle.'' Mr. Armstrong reported that he has driven tractor-trailer 
combinations for 9 years, accumulating 900,000 miles. He holds a Class 
A CDL from Florida, and his driving record shows no accidents or 
convictions for traffic violations in a CMV for the last 3 years.

3. Thomas E. Barnhart

    Mr. Barnhart, 53, has amblyopia in his left eye. His best-corrected 
visual acuity is 20/20 in the right eye and 20/400 in the left. His 
optometrist examined him in 2001 and certified, ``In my medical opinion 
Thomas Barnhart has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Barnhart submitted that 
he has driven straight trucks for 10 years, accumulating 400,000 miles. 
He holds a Chauffeur's License from Indiana, and there are no CMV 
accidents or convictions for moving violations on his driving record 
for the last 3 years.

4. William J. Bell

    Mr. Bell, 33, underwent cataract surgery on his right eye in 
childhood. The best-corrected visual acuity of his right eye is 20/200 
and of his left eye 20/25. His ophthalmologist examined him in 2002 and 
stated, ``In summary, based on my understanding of his continuously 
satisfactory driving record, repeated visual field examinations 
indicating a horizontal field of at least 150 degrees, and his recorded 
binocular visual acuity of 20/25, I believe that he has `sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.' '' Mr. Bell reported that he has driven straight trucks for 3 
years, accumulating 27,000 miles. He holds a Class C Maryland driver's 
license, and his driving record for the last 3 years shows no accidents 
or convictions for moving violations in a CMV.

5. Frank R. Berritto

    Mr. Berritto, 62, has amblyopia in his right eye. His best-
corrected visual acuity is 20/200 in the right eye and 20/20 in the 
left. Following an examination in 2002, his ophthalmologist certified, 
``Mr. Berrito's condition is stable, and in my medical opinion, he has 
sufficient vision necessary for driving his commercial vehicle.'' Mr. 
Berritto submitted that he has driven buses for 3 years, accumulating 
42,000 miles. He holds a Class C CDL from New York, and his driving 
record shows he has had no accidents or convictions for moving 
violations in a CMV in the last 3 years.

6. Robert B. Brewer, Jr.

    Mr. Brewer, 63, has a dislocated lens in his right eye due to 
trauma in 1982. His best-corrected visual acuity is 20/60 in the right 
eye and 20/20 in the left. An ophthalmologist examined him in 2001 and 
stated, ``In my medical opinion, Mr. Brewer has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
According to Mr. Brewer's application, he has driven straight trucks 
for 10 years, accumulating 125,000 miles, and tractor-trailer 
combinations for 10 years, accumulating 862,500 miles. He holds a Class 
A CDL from Montana, and, according to his driving record, he has had no 
accidents or convictions for moving violations in a CMV in the last 3 
years.

7. Jack D. Clodfelter

    Mr. Clodfelter, 66, experienced an ischemic attack in his right eye 
in 1998. His aided visual acuity in the right eye is 20/80 and in the 
left 20/20. An optometrist examined him in 2001 and certified, ``It is 
my opinion that Mr. Clodfelter has sufficient vision to perform the 
driving tasks required while operating a commercial vehicle.'' In his 
application, Mr. Clodfelter stated he has 21 years and 2.6 million 
miles of experience in operating tractor-trailer combinations. He holds 
a North Carolina Class A driver's license currently, but at the time of 
his application he held a Class A CDL, now expired. There are no 
accidents or convictions for moving violations in a CMV on his record 
for the last 3 years.

8. James W. Collins

    Mr. Collins, 38, has amblyopia in his right eye. His best-corrected 
vision in the right eye is 20/100 and in the left, 20/20. An 
ophthalmologist examined him in 2002 and certified, ``In my opinion, 
Mr. Collins' vision is sufficient to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Collins submitted that he has 
driven straight trucks for 5 years, accumulating 41,000 miles. He holds 
a Class B CDL from Illinois, and there are no accidents or convictions 
for moving violations in a CMV on his driving record for the last 3 
years.

9. Douglas W. Cotney

    Mr. Cotney, 55, had a choroidal rupture in his right eye due to 
trauma in 1972. His visual acuity is 20/400 in the right eye and 20/20 
in the left. Following an examination in 2002, his optometrist stated, 
``It is my medical opinion that Mr. Cotney has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle just 
as he has done for the past 30 years.'' Mr. Cotney reported that he has 
35 years and 472,000 miles of experience in driving straight trucks. He 
holds a Class DMV driver's license from Alabama, and there are no 
accidents or convictions for moving violations in a CMV on his driving 
record for the last 3 years.

10. Tommy J. Cross, Jr.

    Mr. Cross, 21, has an aphakic right eye due to congenital cataract 
extraction in childhood. His best-corrected visual acuity is counting 
fingers in the right eye and 20/20 in the left. An optometrist who 
examined him in 2001 certified, ``In my professional medical opinion, 
Mr. Tommy J. Cross, Jr. has sufficient vision to safely perform the 
driving tasks necessary to operate a commercial vehicle.'' Mr. Cross 
reported that he has driven straight trucks for 3 years, accumulating 
85,000 miles, and tractor-trailer combination vehicles for 2 years, 
accumulating 125,000 miles. He holds a Class A CDL from Tennessee. His 
driving record for the last 3 years shows no accidents or convictions 
for moving violations in a CMV.

11. Daniel K. Davis III

    Mr. Davis, 43, has an aphakic left eye due to trauma in 1980. His 
best-corrected vision is 20/20 in the right eye and 20/800 in the left. 
An optometrist who examined him in 2002 noted that Mr. Davis would be 
applying for a CDL and certified, ``In my medical opinion, Mr. Davis 
has sufficient vision to perform the driving tasks required.'' Mr. 
Davis reported that he has operated

[[Page 46018]]

straight trucks for 20 years, accumulating 400,000 miles. He holds a 
Class DM driver's license from Massachusetts. His driving record for 
the last 3 years shows he has had no accidents and one conviction for a 
moving violation--Speeding--in a CMV. He exceeded the speed limit by 14 
mph.

12. Eric D. Davis

    Mr. Davis, 41, lost his right eye due to trauma at age 12. His 
visual acuity is 20/15 in the left eye. An ophthalmologist examined him 
in 2001 and certified, ``Eric has sufficient vision to be able to drive 
a commercial truck.'' Mr. Davis stated that he has driven straight 
trucks for 22 years, accumulating 462,000 miles, and tractor-trailer 
combinations for 4 years, accumulating 300,000 miles. He holds an Ohio 
Class A CDL, and his driving record for the last 3 years shows no 
accidents or convictions for moving violations in a CMV.

13. Gary R. Evans

    Mr. Evans' left eye was removed during childhood secondary to 
complications of a congenital cataract. His best-corrected visual 
acuity is 20/40 in the right eye. His ophthalmologist examined him in 
2002 and certified, ``In my opinion, he does have sufficient vision to 
perform driving tasks associated with operating a commercial vehicle.'' 
In his application, Mr. Evans, age 47, reported that he has driven 
straight trucks for 18 years, accumulating 369,000 miles. He holds a 
Connecticut Class 2 driver's license, and there are no accidents or 
convictions for moving violations in a CMV on his driving record for 
the last 3 years.

14. Shelton L. Harvey

    Mr. Harvey, 57, has had a macular hole in his left eye due to 
trauma since 1988. His best-corrected visual acuity is 20/20 in the 
right eye and 20/150 in the left. Following an examination in 2002, his 
optometrist certified, ``In my medical opinion Mr. Harvey has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' According to his application, Mr. Harvey has 
operated tractor-trailer combinations for 9 years, accumulating 540,000 
miles. He holds a Georgia Class C driver's license currently, but at 
the time of his application he held a Class A CDL, now expired. His 
driving record for the last 3 years shows that he had no accidents and 
one conviction for a moving violation--Speeding--in a CMV. He exceeded 
the speed limit by 17 mph.

15. Gary T. Hicks

    Mr. Hicks, 42, has amblyopia in his right eye. His best-corrected 
visual acuity is 20/50 in the right eye and 20/20 in the left. 
Following an examination in 2002, his ophthalmologist commented, ``Mr. 
Hicks has stable amblyopia in the right eye. He also has full visual 
fields in each eye. It is my opinion that he will be able to continue 
his occupation as a commercial vehicle operator.'' Mr. Hicks submitted 
that he has driven straight trucks for 25 years, accumulating 875,000 
miles, tractor-trailer combinations for 10 years, accumulating 10,000 
miles, and buses for 1 year, accumulating 2,000 miles. He holds a Class 
A CDL from North Carolina, and his driving record shows he has had no 
accidents or convictions for moving violations in a CMV during the last 
3 years.

16. Walter R. Morris

    Mr. Morris, 58, has been aphakic in the left eye since age 8 due to 
trauma. His best-corrected vision is 20/15 in the right eye and 
counting fingers in the left. An ophthalmologist examined him in 2001 
and stated, ``He has sufficient vision to drive a commercial vehicle 
without prescription eyeglasses.'' Mr. Morris, who holds a Class A CDL 
from New Jersey, reported that he has been driving tractor-trailer 
combination vehicles for 40 years, accumulating 2.6 million miles. His 
driving record shows he has had no accidents or convictions for traffic 
violations in a CMV during the last 3 years.

17. Barbara C. Pennington

    Ms. Pennington, 38, has been blind in the right eye since 1991 due 
to an accident. She has best-corrected visual acuity of 20/30 in the 
left eye. Following an examination in 2001, her ophthalmologist stated, 
``Patient has good vision in left eye to operate a commercial 
vehicle.'' Ms. Pennington submitted that she has driven tractor-trailer 
combinations for 8 years, accumulating 650,000 miles. She holds a 
Florida Class A CDL, and her driving record shows that during the last 
3 years she has had no accidents or convictions for moving violations 
in a CMV.

18. Stephen C. Perdue

    Mr. Perdue, 58, has been blind in the left eye since 1970 due to a 
retinal detachment. His corrected visual acuity in the right eye is 20/
25+. Following an examination in 2002, his ophthalmologist stated, ``It 
is my opinion once again that this patient has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Perdue reported that he has driven straight trucks for 2 years, 
accumulating 200,000 miles, and tractor-trailer combinations for 36 
years, accumulating 3.9 million miles. He holds a Class A CDL from 
North Carolina. His driving record shows he has had one accident and no 
convictions for moving violations in a CMV over the last 3 years. 
According to the police report, the accident occurred in a construction 
zone where the lane shifts were poorly marked and some of the old 
markings were still visible. The police report indicated that the 
driver of the other vehicle followed the old markings, causing his 
trailer to veer into the lane occupied by Mr. Perdue's vehicle. Neither 
driver was cited.

19. Allen V. Pickard

    Mr. Pickard, 43, has a macular scar in his left eye due to an 
injury in 1996. His visual acuity is 20/20 in the right eye and 20/120 
not correctable in the left. An optometrist who examined him in 2001 
certified, ``I do believe that Mr. Pickard has adequate vision to 
safely operate a commercial motor vehicle.'' Mr. Pickard submitted that 
he has operated straight trucks for 27 years, accumulating 135,000 
miles, and tractor-trailer combinations for 12 years, accumulating 
600,000 miles. He holds a Class A CDL from South Dakota, and his 
driving record shows he has had no accidents or convictions for traffic 
violations in a CMV for the last 3 years.

20. Larry A. Priewe

    Mr. Priewe, 44, lost his left eye due to an injury 38 years ago. 
His visual acuity is 20/15 corrected in the right eye. An 
ophthalmologist examined him in 2001 and certified, ``In my medical 
opinion, you have sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Priewe submitted that 
he has driven tractor-trailer combinations for 23 years, accumulating 
2.1 million miles. He holds a Class AM CDL from North Dakota. His 
driving record for the past 3 years shows one accident and no 
convictions for moving violations in a CMV. According to the police 
report, Mr. Priewe's vehicle was stuck in a snowdrift and partially on 
the roadway during a blowing snowstorm, and he was unable to put out 
his flares due to his compartment being blocked by snow. Another 
vehicle coming over a hillcrest struck the rear of his vehicle. Neither 
driver was cited.

21. Gary L. Reveal

    Mr. Reveal, 56, has been blind in his right eye since birth due to 
optic nerve damage. His best-corrected vision is 20/15 in the left eye. 
An optometrist

[[Page 46019]]

examined him in 2001 and stated, ``He does have sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Reveal reported he has driven straight trucks for 36 years, 
accumulating 1.1 million miles, and tractor-trailer combinations for 17 
years, accumulating 340,000 miles. He holds an Ohio Class A CDL. His 
driving record shows that he has had one accident and no convictions 
for moving violations in a CMV for the past 3 years. As indicated by 
the police report, Mr. Reveal was stopped to back into a private 
driveway while a second vehicle behind him was stopped to let him 
proceed. The second vehicle was struck by a third vehicle and pushed 
into Mr. Reveal's vehicle. The driver of the third vehicle was charged 
with ``Following Too Closely.'' Mr. Reveal was not charged.

22. Billy L. Riddle

    Mr. Riddle, 45, has amblyopia in his left eye. He has 20/15 vision 
in the right eye and 20/160 in the left. Following an examination in 
2002, his optometrist certified, ``Patient has sufficient vision to 
drive a commercial vehicle.'' Mr. Riddle submitted that he has driven 
straight trucks and tractor-trailer combinations for 19 years, 
accumulating 380,000 miles in the former and 950,000 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 traffic 
violations in a CMV.

23. Randolph L. Rosewicz

    Mr. Rosewicz, 49, lost his left eye at age 3 due to congenital 
glaucoma. His best-corrected visual acuity is 20/20 in the right eye. 
An ophthalmologist examined him in 2002, and commented, ``With the 
stability noted I believe that the patient has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Rosewicz submitted that he has 17 years and 255,000 miles of 
experience in operating straight trucks. He holds a Class ABCDM CDL 
from Wisconsin, and his driving record shows that he has had no 
accidents or convictions for moving violations in a CMV for the last 3 
years.

24. Robert L. Savage

    Mr. Savage, 68, has had a macular scar in his left eye since 1946. 
His best-corrected vision is 20/20 in the right eye and 20/80 in the 
left. His ophthalmologist examined him in 2001 and certified, ``He 
functions commensurate with safe operation of a commercial vehicle, 
with vision sufficient.'' In his application, Mr. Savage indicated he 
has driven tractor-trailer combinations for 3 years, accumulating 
21,000 miles. He holds a Class A CDL from Texas, and his driving record 
for the past 3 years shows no accidents or convictions for traffic 
violations in a CMV.

25. Kenneth D. Sisk

    Mr. Sisk, 33, has amblyopia in his left eye. His best-corrected 
visual acuity is 20/20 in the right eye and 20/300 in the left. 
Following an examination in 2002, his optometrist certified, ``I do not 
see any problem with him operating a commercial vehicle, especially 
since he has been driving about 17 years with no problems and seems to 
compensate well for the lack of acuity in the left eye.'' Mr. Sisk 
reported that he has operated straight trucks for 6 years, accumulating 
225,000 miles, and tractor-trailer combinations for 6 years, 
accumulating 60,000 miles. He holds a Class A CDL from North Carolina, 
and his driving record for the past 3 years shows no accidents or 
convictions for traffic violations in a CMV.

26. Kenneth E. Suter, Jr.

    Mr. Suter, 38, has amblyopia in his left eye. His best-corrected 
visual acuity is 20/15 in the right eye and 20/200+ in the left. 
Following an examination in 2002, his optometrist affirmed, ``Based on 
this vision examination, I feel you have sufficient vision to operate a 
commercial vehicle as you have done so safely in the past.'' Mr. Suter 
holds a Class A CDL from Ohio, and reported that he has driven straight 
trucks for 15 years, accumulating 675,000 miles, and tractor-trailer 
combinations for 6 years, accumulating 30,000 miles. His driving record 
shows no accidents or convictions for moving violations in a CMV for 
the past 3 years.

27. Patrick D. Talley

    Mr. Talley, 36, has a macular scar in his right eye due to 
histoplasmosis in childhood. His best-corrected visual acuity is 20/50 
in the right eye and 20/20 in the left. Following an examination in 
2002, his optometrist certified, ``In my medical opinion, he does have 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Talley reported that he has operated straight 
trucks for 14 years, accumulating 318,000 miles. He holds a Class DM 
driver's license from South Carolina, and his driving record for the 
last 3 years shows no accidents or convictions for moving violations in 
a CMV.

28. Loren R. Walker

    Mr. Walker, 60, experienced an ischemic attack in his left eye in 
1975. His best-corrected vision is 20/20 in the right eye and 20/200 in 
the left. Following an examination in 2001, his ophthalmologist 
certified, ``In my opinion, this individual has adequate vision to 
continue driving a commercial vehicle as he has been for the past 30 
years.'' Mr. Walker submitted that he has operated straight trucks for 
5 years, accumulating 55,000 miles, and tractor-trailer combinations 
for 9 years, accumulating 816,000 miles. He holds a Class A CDL from 
Idaho. He has had no accidents and one conviction for a traffic 
violation--Using the Second Lane of a Three-Lane Highway--in a CMV for 
the last 3 years, according to his driving record.

29. Edward C. Williams

    Mr. Williams, 51, has had a macular hole in his left eye since 
1992. His best-corrected visual acuity is 20/20 in the right eye and 
20/200 in the left. An optometrist examined him in 2001 and certified, 
``Mr. Williams' vision is adequate to operate a commercial vehicle.'' 
Mr. Williams submitted that he has driven straight trucks and tractor-
trailer combinations for 24 years, accumulating 1.3 million miles in 
the former and 660,000 miles in the latter. He holds a Class AM CDL 
from Alabama. His driving record for the last 3 years shows he has had 
two accidents and no convictions while operating a CMV. According to 
the police report for the first accident, an oncoming vehicle that 
crossed the centerline while attempting to pass collided with Mr. 
Williams' vehicle. According to the police report for the second 
accident, Mr. Williams was driving a wrecker towing a vehicle when the 
towed vehicle incurred a flat tire, causing it to hit a bridge. Mr. 
Williams was not cited in either accident.

30. Timothy J. Wilson

    Mr. Wilson, 47, is blind in the right eye due to an injury in 1965. 
His visual acuity is 20/20 in the left eye. Following an examination in 
2001, his optometrist certified, ``In my medical opinion, Mr. Wilson 
has sufficient vision to safely perform the driving tasks required to 
operate a commercial vehicle.'' In his application, Mr. Wilson 
indicated he has driven straight trucks for 5 years, accumulating 
15,000 miles, and tractor-trailer combinations for 25 years, 
accumulating 500,000 miles. He holds a Class AM CDL from Maryland, and 
his driving record for the last 3 years shows no accidents or 
convictions for moving violations in a CMV.

[[Page 46020]]

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.

    Issued on: July 2, 2002.
Pamela M. Pelcovits,
Acting Associate Administrator, Policy and Program Development.
[FR Doc. 02-17098 Filed 7-10-02; 8:45 am]
BILLING CODE 4910-EX-P