

[Federal Register: October 15, 2007 (Volume 72, Number 198)]
[Notices]               
[Page 58362-58365]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15oc07-87]                         

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2007-29019]

 
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 27 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 November 14, 2007.

ADDRESSES: You may submit comments bearing the Department of 
Transportation (DOT) Docket Management System (DMS) Docket Number 
FMCSA-2007-29019 using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov.
 Follow the on-line instructions for submitting 

comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., West Building Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number 
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 DMS 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, Chief, Physical 
Qualifications Division, (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 27 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

Christopher L. Bagby

    Mr. Bagby, age 42, has loss of vision in his right eye due to a 
misplaced pupil and cataract as a result of a traumatic injury 
sustained as a child. The best corrected visual acuity in his right eye 
is 20/1200 and in the left, 20/20. Following an examination in 2007, 
his optometrist noted, ``Chris currently wears glasses and should 
continue to do so for driving. Other than that, I do not recommend any 
limitations on him for driving standard or commercial vehicles.'' Mr. 
Bagby reported that he has driven straight trucks for 7 years, 
accumulating 182,000 miles, and tractor-trailer combinations for 4 
years, accumulating 99,840 miles. He holds a Class A Commercial 
Driver's License (CDL) from Virginia. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Robert W. Bequeaith

    Mr. Bequeaith, 56, has loss of vision in his left eye due to a 
retinal detachment as a result of a traumatic injury sustained as a 
child. The best corrected visual acuity in his right eye is 20/16 and 
in the left, 20/150. Following an examination in 2007, his optometrist 
noted, ``My impression is that Mr. Bequeaith has the visual ability to 
safely continue operating a commercial vehicle.'' Mr. Bequeaith 
reported that he has driven straight trucks for 3 years, accumulating 
30,000 miles, and tractor-trailer combinations for 37 years, 
accumulating 3.6 million 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.

[[Page 58363]]

William R. Braun

    Mr. Braun, 60, 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, 
20/70. Following an examination in 2007, his optometrist noted, ``In my 
opinion, Mr. Braun has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Braun reported that he 
has driven buses for 4 years, accumulating 96,000 miles. He holds a 
Class A CDL from New Mexico. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Lloyd K. Brown

    Mr. Brown, 68, has a prosthetic left eye due to a traumatic injury 
sustained as a child. The best corrected visual acuity in his right eye 
is 20/20. Following an examination in 2007, his optometrist noted, ``In 
my opinion, he has stable sufficient vision to continue operating a 
CMV.'' Mr. Brown reported that he has driven straight trucks for 6 
years, accumulating 3,300 miles, tractor-trailer combinations for 3\1/
2\ years, accumulating 87,500 miles, and buses for 6 years, 
accumulating 79,200 miles. He holds a Class B CDL from Wyoming. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Kecia D. Clark-Welch

    Ms. Clark-Welch, 42, has had amblyopia in her right eye since 
birth. The best corrected visual acuity in her right eye is 20/60 and 
in the left, 20/20. Following an examination in 2007, her 
ophthalmologist noted, ``Vision is sufficient to operate a commercial 
vehicle.'' Ms. Clark-Welch reported that she has driven tractor-trailer 
combinations for 9 years, accumulating 151,200 miles. She holds a Class 
A CDL from North Carolina. Her driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Earl S. Cooper

    Mr. Cooper, 60, has had amblyopia in his left eye since childhood. 
The best corrected visual acuity in his right eye is 20/15 and in the 
left, 20/200. Following an examination in 2007, his optometrist noted, 
``Mr. Cooper, in my medical opinion, has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle, as he has 
done for many years.'' Mr. Cooper reported that he has driven straight 
trucks for 30 years, accumulating 600,000 miles, and tractor-trailer 
combinations for 35 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.

Tommy R. Crouse

    Mr. Crouse, 43, has a macular scar as a result of a traumatic 
injury sustained in 2003. The visual acuity in his right eye is count-
finger-vision and in the left, 20/20. Following an examination in 2007, 
his optometrist noted, ``Mr. Crouse should have no trouble performing 
the visual tasks required to drive a commercial vehicle.'' Mr. Crouse 
reported that he has driven straight trucks for 2 years, accumulating 
150,000 miles, and tractor-trailer combinations for 8 years, 
accumulating 800,000 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.

Ben W. Davis

    Mr. Davis, 58, has had amblyopia in his right eye since childhood. 
The best corrected visual acuity in his right eye is 20/50 and in the 
left, 20/20. Following an examination in 2007, his optometrist noted, 
``This patient has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle in my professional opinion.'' 
Mr. Davis reported that he has driven straight trucks for 19 years, 
accumulating 114,000 miles, and buses for 30 years, accumulating 60,000 
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.

Charles A. DeKnikker, Sr.

    Mr. DeKnikker, 54, 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, 
``I have seen Charles as a patient for over ten years and his 
correction and visual status is stable and has not changed. Therefore 
his vision is sufficient to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. DeKnikker reported that he has 
driven straight trucks for 35 years, accumulating 2.7 million miles, 
and tractor-trailer combinations for 19 years, accumulating 988,000 
miles. He holds a Class A CDL from Nevada. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Everett E. Denny

    Mr. Denny, 49, has complete loss of vision in his left eye due to 
aphakia and glaucoma as a result of a traumatic injury sustained as a 
child. The visual acuity in his right eye is 20/15. Following an 
examination in 2007, his optometrist noted, ``His vision and field of 
vision in the right eye remains excellent and is more than adequate to 
operate a commercial vehicle.'' Mr. Denny reported that he has driven 
straight trucks for 23 years, accumulating 1.4 million miles. He holds 
a Class A CDL 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 10 mph.

Nigel L. Farmer

    Mr. Farmer, 45, has had amblyopia in his left eye since childhood. 
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, 
``I certify that in my medical opinion, Mr. Farmer has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Farmer reported that he has driven straight trucks for 
24 years, accumulating 792,000 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.

Earl M. Frederick, Jr.

    Mr. Frederick, 45, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/400 and in the 
left, 20/20. Following an examination in 2007, his ophthalmologist 
noted, ``You will note that the patient has adequate color vision, 
horizontal vision and his left visual acuity is 20/20, which should 
enable him to receive his commercial driver's license without 
problem.'' Mr. Frederick reported that he has driven straight trucks 
for 23 years, accumulating 460,000 miles. He holds a Class D operator's 
license from South Carolina. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Lorne H. Geiken

    Mr. Geiken, 36, 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, 
``In my opinion, I feel Lorne has a stable visual system and should 
have sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Geiken reported that he has driven tractor-
trailer combinations for 5 years, accumulating 625,000 miles. He holds 
a

[[Page 58364]]

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

John E. Halcomb

    Mr. Halcomb, 40, had his right eye enucleated due to corneal damage 
sustained as a child. The visual acuity in his left eye is 20/20. 
Following an examination in 2006, his optometrist noted, ``I certify 
that in my medical opinion, Mr. Halcomb has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Halcomb reported that he has driven straight trucks for 3 years, 
accumulating 15,000 miles, and tractor-trailer combinations for 18 
years, accumulating 1.8 million 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.

Michael A. Hershberger

    Mr. Hershberger, 50, 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, 20/400. Following an examination in 2007, his optometrist noted, 
``Based on these findings, it is my opinion that Michael Hershberger 
has sufficient vision to perform the tasks required to operate a 
commercial vehicle.'' Mr. Hershberger reported that he has driven 
straight trucks for 5 years, accumulating 200,000 miles, and tractor-
trailer combinations for 25 years, accumulating 2 million 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.

Patrick J. Hogan, Jr.

    Mr. Hogan, 36, had his right eye enucleated due to a retinoblastoma 
that required removal of the eye when he was a child. The visual acuity 
in his left eye is 20/20. Following an examination in 2007, his 
optometrist noted, ``Based on today's examination, in my medical 
opinion, Mr. Hogan has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Hogan reported that he 
has driven straight trucks for 12 years, accumulating 144,000 miles. He 
holds a Class A CDL from Delaware. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Donald W. Holt

    Mr. Holt, 56, has loss of vision in his left eye due to scotoma 
since 1983. 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, ``In my medical opinion, patient has enough and 
sufficient vision to operate a commercial vehicle.'' Mr. Holt reported 
that he has driven straight trucks for 12 years, accumulating 960,000 
miles. He holds a Class D operator's license from Massachusetts. 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 16 mph.

Judy L. Marshall

    Ms. Marshall, 43, has had amblyopia in her left eye since 
childhood. The visual acuity in her right eye is 20/20 and in the left, 
20/400. Following an examination in 2007, her optometrist noted, 
``Patient has sufficient vision to operate commercial vehicle.'' Ms. 
Marshall reported that she has driven straight trucks for 3 years, 
accumulating 105,000 miles, and tractor-trailer combinations for 3 
years, accumulating 105,000 miles. She holds a Class D operator's 
license from South Carolina. Her driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Mark A. Massengill

    Mr. Massengill, 49, has loss of vision in his right eye due to 
retinal scarring as a result of a traumatic injury sustained as a 
child. 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, ``It is my distinct and unequivocal opinion that Mr. Massengill 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Massengill reported that he has driven 
straight trucks for 30 years, accumulating 3.9 million miles, and 
tractor-trailer combinations for 30 years, accumulating 3.9 million 
miles. He holds a Class A CDL from Mississippi. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Todd A. McBrain

    Mr. McBrain, 40, has loss of vision in his left eye due to a 
cataract as a result of a traumatic injury sustained as a child. The 
best corrected visual acuity in his right eye is 20/20 and in the left, 
20/200. Following an examination in 2007, his ophthalmologist noted, 
``Yes, Mr. McBrain has sufficient vision to perform the driving task to 
operate a commercial vehicle.'' Mr. McBrain reported that he has driven 
straight trucks for 8 years, accumulating 4,000 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.

Amilton T. Monteiro

    Mr. Monteiro, 26, 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 
ophthalmologist noted, ``In my medical opinion, Mr. Monteiro has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Monteiro reported that he has driven straight 
trucks for 7 years, accumulating 280,000 miles. He holds a Class D 
operator's license from Massachusetts. His driving record for the last 
3 years shows no crashes and no convictions for moving violations in a 
CMV.

Dennis D. Moore

    Mr. Moore, 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, 20/300. Following an examination in 2007, his ophthalmologist 
noted, ``I certify that he has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle in my medical opinion.'' 
Mr. Moore reported that he has driven straight trucks for 30 years, 
accumulating 270,000 miles, and tractor-trailer combinations for 30 
years, accumulating 2.9 million miles. He holds a Class A CDL from New 
Hampshire. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

David G. Oakley

    Mr. Oakley, 47, has 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 ophthalmologist 
noted, ``It is in my professional opinion that he has sufficient vision 
to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Oakley reported that he has driven straight trucks for 5 
years, accumulating 200,000 miles. He holds a Class D operator's 
license from South Carolina. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

John S. Olsen

    Mr. Olsen, 57, has loss of vision in his right eye due to a birth 
defect. The visual acuity in his right eye is 20/200

[[Page 58365]]

and in the left, 20/20. Following an examination in 2007, his 
optometrist noted, ``After examining Mr. Olsen it is my professional 
impression that he has sufficient functional vision to drive a 
commercial vehicle.'' Mr. Olsen reported that he has driven straight 
trucks for 42 years, accumulating 420,000 miles, tractor-trailer 
combinations for 42 years, accumulating 420,000 miles, and buses for 42 
years, accumulating 21,000 miles. He holds a 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.

Thomas J. Prusik

    Mr. Prusik, 60, has had amblyopia in his right 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 2007, his optometrist noted, 
``With the left eye's VA of 20/20 uncorrected/corrected at distance, 
patient has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Prusik reported that he has driven 
straight trucks for 41\1/2\ years, accumulating 311,250 miles. He holds 
a Class A CDL from New Jersey. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Glen W. Sterling

    Mr. Sterling, 42, has loss of vision in his right eye due to a 
macular scar as a result of a traumatic injury sustained as a child. 
The visual acuity in his right eye is 20/20 and in the left, 20/200. 
Following an examination in 2007, his optometrist noted, ``In my 
medical opinion, Mr. Sterling has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Sterling 
reported that he has driven straight trucks for 5 years, accumulating 
25,000 miles, and tractor-trailer combinations for 4 years, 
accumulating 60,000 miles. He holds a Class D chauffeur's license from 
Louisiana. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Calvin D. Tubergen

    Mr. Tubergen, 59, has had amblyopia in his right eye since 
childhood. The best corrected visual acuity in his right eye is 20/60 
and in the left, 20/20. Following an examination in 2006, his 
optometrist noted, ``In my medical opinion, Calvin's deficiency in his 
right eye is stable and not progressive; and that he has sufficient 
vision to perform the tasks required to operate a commercial vehicle.'' 
Mr. Tubergen reported that he has driven tractor-trailer combinations 
for 7 years, accumulating 280,000 miles. He holds a Class A CDL from 
Michigan. His driving record for the last 3 years shows no crashes and 
two convictions for moving violations, one for failure to obey a 
traffic signal, and one for speeding in a CMV. He exceeded the speed 
limit by 10 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 November 14, 2007. 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: October 5, 2007.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E7-20208 Filed 10-12-07; 8:45 am]

BILLING CODE 4910-EX-P
