

[Federal Register: February 1, 2008 (Volume 73, Number 22)]
[Notices]               
[Page 6242-6246]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01fe08-134]                         

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket ID. FMCSA-2007-0071]

 
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 31 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 March 3, 2008.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2007-0071 using any of the 
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov.
 Follow the online 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 

[[Page 6243]]

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 19477-78; Apr. 11, 2000). 
This information is also available at http://Docketinfo.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 31 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

Dennis R. Baillargeon

    Mr. Baillargeon, age 69, has a prosthetic left eye due to an injury 
sustained 40 years ago. The best corrected visual acuity in his right 
eye is 20/25. Following an examination in 2007, his optometrist noted, 
``Dennis R. Baillargeon has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle, from the above 
testing.'' Mr. Baillargeon reported that he has driven straight trucks 
for 25 years, accumulating 300,000 miles. He holds a Class A CDL from 
Wisconsin. 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.

Alberto Blanco

    Mr. Blanco, 52, 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, 20/400. Following an examination in 2007, his ophthalmologist 
noted, ``Patient has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Blanco reported that he 
has driven straight trucks for 7 years, accumulating 210,000 miles, 
tractor-trailer combinations for 8 years, accumulating 336,000 miles, 
and buses for 1 year, accumulating 25,000 miles. He holds a Class A CDL 
from North Carolina. 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 9 mph.

Michael B. Canedy

    Mr. Canedy, 41, has posterior uveitis in his right eye. The visual 
acuity in his right eye is 20/800 and in the left, 20/15. Following an 
examination in 2007, his ophthalmologist noted, ``In my opinion, Mr. 
Michael Canedy is certainly safe and qualified to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Canedy reported 
that he has driven straight trucks for 8 years, accumulating 320,000 
miles. He holds a Class B CDL from Minnesota.
    His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

John Cencora

    Mr. Cencora, 43, has had optic nerve atrophy in his left eye due to 
a traumatic injury sustained as a child. The best corrected visual 
acuity in his right eye is 20/25 and in the left, 20/400. Following an 
examination in 2007, his optometrist noted, ``In my medical opinion, he 
has sufficient vision to operate a commercial vehicle.'' Mr. Cencora 
reported that he has driven tractor-trailer combinations for 5 years, 
accumulating 130,000 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.

Larry A. Cossin

    Mr. Cossin, 58, has had amblyopia in his right eye since childhood. 
The best corrected visual acuity in his right eye is 20/64 and in the 
left, 20/30. Following an examination in 2007, his optometrist noted, 
``From these results, I believe Mr. Cossin does have sufficient visual 
acuity, visual field, and color discrimination continue to safely 
operate a commercial vehicle.'' Mr. Cossin reported that he has driven 
straight trucks for 11 years, accumulating 205,700 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.

Charles W. Cox

    Mr. Cox, 49, has complete loss of vision in his right eye due to 
complete opacification of the cornea and lens at birth. The best 
corrected visual acuity in his left eye is 20/15. Following an 
examination in 2007, his optometrist noted, ``Mr. Cox has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle and he has many years experience in doing so.'' Mr. Cox 
reported that he has driven straight trucks for 5 years, accumulating 
2,000 miles, tractor-trailer combinations for 3 years, accumulating 
3,000 miles, and buses for 12 years, accumulating 48,000 miles. He 
holds a Class A CDL from Arizona. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Gary W. Ellis

    Mr. Ellis, 45, has had anisometropia and amblyopia in his left eye 
since childhood. The best corrected visual acuity in his right eye is 
20/20 and in the left, 20/400. Following an examination in 2007, his 
optometrist noted, ``Given his past performance which you would have in 
your records, it is my opinion that Mr. Ellis has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Ellis reported that he has tractor-trailer combinations for 23 
years, accumulating 1.9 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.

Dennis J. Evers

    Mr. Evers, 54, 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 2007, his optometrist noted, 
``Mr. Evers has

[[Page 6244]]

sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Evers reported that he has driven straight 
trucks for 14 years, accumulating 56,000 miles. He holds a Class D 
operator's license from Oklahoma. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Hector O. Flores

    Mr. Flores, 27, 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, 
20/80. Following an examination in 2007, his ophthalmologist noted, ``I 
certify that Hector Flores has sufficient vision to perform driving 
tasks required to operate a commercial vehicle.'' Mr. Flores reported 
that he has driven tractor-trailer combinations for 4 years, 
accumulating 240,000 miles. He holds a Class A CDL from Maryland. His 
driving record for the last 3 years shows one crash that resulted in 
one conviction for a moving violation in a CMV, failure to make a left 
turn from the proper lane.

Roger W. Goold

    Mr. Goold, 66, has had complete loss of vision in his left eye due 
to a traumatic injury sustained at age 19. The visual acuity in his 
right eye is 20/20. Following an examination in 2007, his optometrist 
noted, ``In my opinion, Roger Goold has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. Goold 
reported that he has driven straight trucks for 45 years, accumulating 
67,500 miles. He holds a Class A CDL from Arizona. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

K. Lee Guse

    Mr. Guse, 64, has a retinal scar in his left eye which was 
sustained at birth. The best corrected visual acuity in his right eye 
is 20/20 and in the left, 20/400. Following an examination in 2007, his 
optometrist noted, ``This defect should not affect his ability to 
operate a commercial vehicle.'' Mr. Guse reported that he has driven 
straight trucks 16 years, accumulating 160,000 miles. He holds a Class 
B CDL from Ohio. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Steven W. Halsey

    Mr. Halsey, 40, 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, 20/400. Following an examination in 2007, his optometrist noted, 
``In my medical opinion, Mr. Halsey has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Halsey reported that he has driven straight trucks for 11 years, 
accumulating 165,000 miles. He holds a Class B CDL from Missouri. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

John D. Hamm

    Mr. Hamm, 52, 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 2007, his optometrist noted, ``In 
my professional opinion, Mr. Hamm has adequate vision to operate a 
commercial vehicle.'' Mr. Hamm reported that he has driven straight 
trucks for 36 years, accumulating 1.7 million miles, tractor-trailer 
combinations for 18 years, accumulating 360,000 miles, and buses for 11 
years, accumulating 242,000 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.

Clifford J. Harris

    Mr. Harris, 50, has had amblyopia in his right eye since birth. The 
best corrected visual acuity in his right eye is count-finger vision 
and in the left, 20/15. Following an examination in 2007, his 
ophthalmologist noted, ``I certify that Mr. Harris has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Harris reported that he has driven tractor-trailer 
combinations for 8 years, accumulating 624,000 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.

John C. Henricks

    Mr. Henricks, 36, has had amblyopia in his right eye since birth. 
The best corrected visual acuity in his right eye is 20/200 and in the 
left, 20/20. Following an examination in 2007, his optometrist noted, 
``It is my medical opinion that Mr. John Henricks has sufficient vision 
to perform driving tasks required to operate a commercial vehicle.'' 
Mr. Henricks reported that he has driven straight trucks for 11 years, 
accumulating 93,500 miles, and tractor-trailer combinations for 10 
years, accumulating 85,000 miles. He holds a Class A CDL from Ohio. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Michael A. Hilderbrand

    Mr. Hilderbrand, 28, has had posterior staphyloma in his right eye 
since 1990. The best corrected visual acuity in his right eye is count-
finger vision and in the left, 20/20. Following an examination in 2007, 
his optometrist noted, ``In my medical opinion. Michael Hilderbrand has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Hilderbrand reported that he has driven 
straight trucks for 3 years, accumulating 78,000 miles. He holds a 
Class C operator's license from Pennsylvania. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Richard L. Larson

    Mr. Larson, 63, has had a retinal detachment in his right eye due 
to a traumatic injury sustained in 1968. The best corrected visual 
acuity in his right eye is count-finger vision and in the left, 20/15. 
Following an examination in 2007, his optometrist noted, ``It is my 
medical opinion that Mr. Larson has sufficient vision both centrally 
and peripherally to safely operate a commercial vehicle based on his 
visual performance at the time of his exam with me and the years of 
safe commercial experience he has stated he has.'' Mr. Larson reported 
that he has driven straight trucks for 45 years, accumulating 112,500 
miles, and tractor-trailer combinations for 35 years, accumulating 1.1 
million miles. He holds a Class A CDL from Montana. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Thomas M. Leadbitter

    Mr. Leadbitter, 51, 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. Following an examination in 2007, his 
optometrist noted, ``Ok to drive with correction and has sufficient 
vision to perform driving tasks to operate a commercial vehicle.'' Mr. 
Leadbitter reported that he has driven straight trucks for 35 years, 
accumulating 1.4 million miles. He holds a Class A CDL from 
Pennsylvania. His driving record for the last 3 years shows no crashes 
and one conviction for a moving violation in a CMV, failure to obey a 
traffic signal.

John L. Lewis

    Mr. Lewis, 75, has a prosthetic left eye due to an injury sustained 
as a child. The best corrected visual acuity in his

[[Page 6245]]

right eye is 20/20. Following an examination in 2007, his optometrist 
noted, ``It is my medical opinion that Mr. John Lewis has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Lewis reported that he has driven straight trucks for 56 
years, accumulating 2.4 million miles, tractor-trailer combinations for 
48 years, accumulating 480,000 miles, and buses for 9 years, 
accumulating 4,500 miles. He holds a Class A CDL from Oklahoma. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Jonathan P. Lovel

    Mr. Lovel, 38, has macular damage in his right eye due to a 
traumatic injury sustained 16 years ago. The best corrected visual 
acuity in his right eye is 20/200 and in the left, 20/20. Following an 
examination in 2007, his optometrist noted, ``In my medical opinion, 
this gentleman has sufficient vision to perform driving tasks required 
to operate a commercial vehicle.'' Mr. Lovel reported that he has 
driven straight trucks for 16 years, accumulating 480,000 miles. He 
holds a Class D 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.

Douglas A. Mendoza

    Mr. Mendoza, 35, 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 2007, his 
optometrist noted, ``In my medical opinion, Mr. Mendoza has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Mendoza reported that he has driven straight trucks for 
5 years, accumulating 175,000 miles. He holds a Class C operator's 
license from Maryland. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Antonio Ribeiro

    Mr. Ribeiro, 47, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/80 and in the left, 
20/20. Following an examination in 2007, his ophthalmologist noted, 
``In my medical opinion, I certify that Mr. Ribeiro has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Ribeiro reported that he has driven straight trucks for 
15 years, accumulating 75,000 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.

Enrique G. Salinas, Jr.

    Mr. Salinas, 65, has had central retinal vein occlusion in his left 
eye since 2003. The best corrected visual acuity in his right eye is 
20/25 and in the left, hand-motion vision. Following an examination in 
2007, his ophthalmologist noted, ``In my medical opinion, Mr. Salinas 
has sufficient vision to perform driving tasks necessary to operate a 
commercial vehicle.'' Mr. Salinas reported that he has driven straight 
trucks for 4 years, accumulating 200,000 miles, and tractor-trailer 
combinations for 35 years, accumulating 3.2 million 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.

Anthony T. Smith.

    Mr. Smith, 42, has a prosthetic 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 2007, his optometrist noted, ``In my 
opinion, his vision is stable and he is able to drive a commercial 
vehicle.'' Mr. Smith reported that he has driven straight trucks for 19 
years, accumulating 1.1 million miles, and tractor-trailer combinations 
for 5 years, accumulating 405,000 miles. He holds a Class A CDL from 
Michigan. His driving record for the last 3 years shows no crashes and 
one conviction for a moving violation in a CMV. He exceeded the speed 
limit by 5 mph.

David N. Stubbs

    Mr. Stubbs, 57, 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, 20/400. Following an examination in 2007, his ophthalmologist 
noted, ``In my medical opinion, he does have sufficient vision to 
perform driving test required to operate a bob truck, which is a 
commercial vehicle and which is what he drives at this time. Mr. Stubbs 
does not see well in his left eye, but he has been that way all his 
life and he has developed sufficient depth perception to operate a 
commercial vehicle.'' Mr. Stubbs reported that he has driven straight 
trucks for 14 years, accumulating 158,200 miles. He holds a Class D 
operator's license from Mississippi. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

J.D. Taylor

    Mr. Taylor, 69, has macular degeneration in his right eye. The best 
corrected visual acuity in his right eye is 20/200 and in the left, 20/
30. Following an examination in 2007, his optometrist noted, ``In my 
medical opinion, Mr. Taylor has sufficient vision to perform the task 
of a commercial vehicle operator.'' Mr. Taylor reported that he has 
driven straight trucks for 32 years, accumulating 1.3 million miles. He 
holds a Class B CDL from Texas. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Charles W. Towner, Jr.

    Mr. Towner, 44, has complete loss of vision in his left eye due to 
a traumatic injury sustained 4 years ago. The best corrected visual 
acuity in his right eye is 20/20. Following an examination in 2007, his 
optometrist noted, ``With vision correctable to 20/20 in the right eye. 
It is my medical opinion that Mr. Charles Towner has sufficient vision 
to operate a commercial vehicle.'' Mr. Towner reported that he has 
driven straight trucks for 3\1/2\ years, accumulating 227,500 miles. He 
holds a Class D operator's license from Florida. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

James D. Tucker

    Mr. Tucker, 50, has loss of vision in his left eye due to a 
traumatic injury sustained 4 years ago. The best corrected visual 
acuity in his right eye is 20/15 and in the left, light perception. 
Following an examination in 2007, his ophthalmologist noted, ``In my 
opinion, this patient has the vision required to drive a commercial 
vehicle.'' Mr. Tucker reported that he has driven tractor-trailer 
combinations for 24 years, accumulating 1.8 million 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 J. Wagner

    Mr. Wagner, 51, 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, 20/400. Following an examination in 2007, his ophthalmologist 
noted, ``In my medical opinion, John Wagner has significant vision 
required to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Wagner reported that he has driven straight trucks for 
32 years, accumulating 960,000 miles, and tractor-trailer combinations 
for 2 years, accumulating 60,000 miles. He holds a

[[Page 6246]]

Class A CDL from Pennsylvania. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Kevin D. White

    Mr. White, 35, has 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 2007, his optometrist noted, 
``it is my medical opinion that Mr. White does in fact meet the vision 
requirements to operate a commercial vehicle.'' Mr. White reported that 
he has driven straight trucks for 6 years, accumulating 900,000 miles, 
and tractor-trailer combinations for 6 years, accumulating 900,000 
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.

Richard W. Wylie

    Mr. Wylie, 35, has had amblyopia in his right eye since childhood. 
The best corrected visual acuity in his right eye is 20/70 and in the 
left, 20/20. Following an examination in 2007, his optometrist noted, 
``After evaluating Richard, I am very confident that his vision is 
sufficient to perform the driving tasks required to operate commercial 
vehicle.'' Mr. Wylie reported that he has driven straight trucks for 
13\1/2\ years, accumulating 432,000 miles, and tractor-trailer 
combinations for 2\1/2\ years, accumulating 402,500 miles. He holds a 
Class A CDL from Connecticut. 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 March 3, 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: January 28, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E8-1881 Filed 1-31-08; 8:45 am]

BILLING CODE 4910-EX-P
