
[Federal Register Volume 74, Number 80 (Tuesday, April 28, 2009)]
[Notices]
[Pages 19267-19270]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-9614]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket ID FMCSA-2009-0086]


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 22 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 May 28, 2009.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2009-0086 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 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, 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 22 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.

[[Page 19268]]

Qualifications of Applicants

Michael D. Abel

    Mr. Abel, age 54, has an enculeation of his right eye due to a 
ruptured globe sustained in 2001. The visual acuity in his left eye is 
20/15. Following an examination in 2008, his ophthalmologist noted, 
``In my opinion, Mr. Abel has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Abel reported 
that he has driven tractor-trailer combinations for 15 years, 
accumulating 750,000 miles. He holds a Class A CDL from Nebraska. 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.

Andre G. Burns

    Mr. Burns, 42, has complete loss of vision in his right eye due to 
a traumatic injury sustained in 1971. The best corrected visual acuity 
in his left eye is 20/15. Following an examination in 2008, his 
ophthalmologist noted, ``Based upon this information and my medical 
evaluation, it is my professional opinion that Mr. Burns has an 
exemplary driving record and has sufficient central and peripheral 
vision to operate a commercial vehicle.'' Mr. Burns reported that he 
has driven straight trucks for 5 years, accumulating 5,000 miles, 
tractor-trailer combinations for 6 years, accumulating 450,000 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.

Paul M. Christina

    Mr. Christina, 51, has had amblyopia in his right eye since birth. 
The best corrected visual acuity in his right eye is 20/80 and in his 
left eye, 20/20. Following an examination in 2008, his optometrist 
noted, ``I believe Mr. Christina possesses adequate vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Christina reported that he has driven straight trucks for 20 years, 
accumulating 1.6 million 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.

Harold H. Cunning

    Mr. Cunning, 77, has a prosthetic left eye due to a traumatic 
injury sustained in 1953. The best corrected visual acuity in his right 
eye is 20/20. Following an examination in 2008, his optometrist noted, 
``It is my medical opinion that Mr. Cunning has sufficient vision to 
operate a commercial vehicle.'' Mr. Cunning reported that he has driven 
straight trucks for 60 years, accumulating 1.1 million miles, tractor-
trailer combinations for 58 years, accumulating 290,000 miles. He holds 
a Class A CDL from Illinois. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Kenneth W. Dunn

    Mr. Dunn, 41, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is 20/400 and in his left eye, 20/
20. Following an examination in 2008, his ophthalmologist noted, ``He 
has sufficient vision to perform the driving task to operate a 
commercial vehicle.'' Mr. Dunn reported that he has driven tractor-
trailer combinations for 3 years, accumulating 360,000 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.

Thomas F. Ethier

    Mr. Ethier, 56, has complete loss of vision in his left eye due to 
a traumatic injury sustained in 1956. The visual acuity in his right 
eye is 20/20. Following an examination in 2009, his optometrist noted, 
``His uncorrected visual acuity of the right eye is 20/20 and the field 
of vision of the right eye is 130 degrees in the horizontal. His field 
of vision exceeds 120 degrees as required, and therefore he is visually 
qualified to operate a commercial vehicle.'' Mr. Ethier reported that 
he has driven straight trucks for 21 years, accumulating 449,988 miles 
and tractor-trailer combinations for 28 years accumulating 2.1 million 
miles. He holds a Class A CDL from Massachusetts. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Johnny K. Hiatt

    Mr. Hiatt, 53, has a prosthetic right eye due to a traumatic injury 
sustained in 1969. The best corrected visual acuity in his left eye is 
20/20. Following an examination in 2008, his ophthalmologist noted, 
``It is my medical opinion that he has sufficient vision to perform the 
driving task required to operate a commercial vehicle.'' Mr. Hiatt 
reported that he has driven straight trucks for 17 years, accumulating 
170,000 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.

Richard S. Hoffman

    Mr. Hoffman, 47, has a corneal scar in his left eye due to a 
traumatic injury sustained in 1971. The visual acuity in his right eye 
is 20/20 and in his left eye, 20/60. Following an examination in 2009, 
his ophthalmologist noted, ``It is my medical opinion, the patient has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Hoffman reported that he has driven straight 
trucks for 18 years, accumulating 186,300 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.

Perry D. Jensen

    Mr. Jensen, 48, 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, ``Perry has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Jensen reported that he 
has driven straight trucks for 30 years, accumulating 600,000 miles and 
tractor-trailer combinations for 30 years, accumulating 150,000 miles. 
He holds a Class A CDL from Wisconsin. His driving record for the last 
3 years shows no crashes and no convictions for moving violations in a 
CMV.

Caleb T. Kass

    Mr. Kass, 27, has complete loss of vision in his left eye due to a 
traumatic injury sustained in 1999. The best corrected visual acuity in 
his right eye is 20/20. Following an examination in 2008, his 
optometrist noted, ``In my medical opinion, Caleb Kass possesses 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Kass reported that he has driven straight 
trucks for 6 years, accumulating 78,000 miles. He holds a Class C CDL 
license from Illinois. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Craig R. Martin

    Mr. Martin, 47, has loss of vision in his right eye due to a 
traumatic injury sustained in 2000. The best corrected visual acuity in 
his right eye is 20/400 and in his left eye, 20/20. Following an 
examination in 2009, his optometrist noted, ``Based on my assessment of 
his visual system; eye health and vision would seem to be sufficient 
for operating a commercial vehicle.'' Mr.

[[Page 19269]]

Martin reported that he has driven tractor-trailer combinations for 10 
years, accumulating 1 million miles. He holds a Class A CDL license 
from Texas. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Bruce McCabe

    Mr. McCabe, 64, has had optic neuropathy in his right eye since 
2002. The best corrected visual acuity in his right eye is hand motion 
vision and in his left eye, 20/20. Following an examination in 2008, 
his ophthalmologist noted, ``In my medical opinion, he has sufficient 
vision to perform driving tasks to operate a commercial vehicle.'' Mr. 
McCabe reported that he has driven straight trucks for 5 years, 
accumulating 50,000 miles and tractor-trailer combinations for 29 
years, accumulating 2.9 million miles. He holds a Class A CDL license 
from Arizona. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Jeffrey M. Mueller

    Mr. Mueller, 49, has optic neuropathy in his left eye due to 
sarcoid since 1999. The best corrected visual acuity in his right eye 
is 20/20 and in his left eye, 20/70. Following an examination in 2008, 
his optometrist noted, ``I agree with Dr. Whitaker that Mr. Mueller has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Mueller reported that he has driven tractor-
trailer combinations for 20 years, accumulating 2.4 million miles. He 
holds a Class A CDL from Missouri. 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 13 mph.

George M. Nelson

    Mr. Nelson, 42, has had a prosthetic left eye shortly after birth. 
The visual acuity in his right eye is 20/15. Following an examination 
in 2008, his optometrist noted, ``In my medical opinion, the above 
patient has sufficient vision to perform the driving tasks to operate a 
commercial vehicle.'' Mr. Nelson reported that he has driven straight 
trucks for 15 years, accumulating 150,000 miles and tractor-trailer 
combinations for 22 years, accumulating 2.2 million miles. He holds a 
Class A CDL license from Ohio. 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 8 mph.

Robert D. Porter

    Mr. Porter, 49, has loss of vision in his right eye due to a 
traumatic injury sustained in 1991. The best corrected visual acuity in 
his right eye is 20/200 and in his left eye, 20/20. Following an 
examination in 2008, his optometrist noted, ``In my medical opinion, 
Robert has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Porter reported that he has driven 
straight trucks for 31 years, accumulating 155,000 miles and tractor-
trailer combinations for 31 years, accumulating 1.7 million miles. He 
holds a Class C operator's license from California. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Joseph E. Pfaff

    Mr. Pfaff, 32, has had amblyopia in his right eye since birth. The 
best corrected visual acuity in his right eye is 20/70 and in his left 
eye, 20/20. Following an examination in 2009, his optometrist noted, 
``Patient does have sufficient vision to operate commercial vehicles.'' 
Mr. Pfaff reported that he has driven straight trucks for 13 years, 
accumulating 13,000 miles and tractor-trailer combinations for 13 
years, accumulating 13,000 miles. He holds a Class A CDL from Illinois. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Cecil R. Rhodes

    Mr. Rhodes, 59, has loss of vision in his left eye since 2001 due 
to retinal degeneration. The best corrected visual acuity in his right 
eye is 20/40 and in his left eye, 20/50. Following an examination in 
2008, his optometrist noted, ``I feel in my medical opinion he has 
sufficient vision to perform his driving tasks for a commercial 
vehicle.'' Mr. Rhodes reported that he has driven straight trucks for 3 
years, accumulating 6,000 miles, tractor-trailer combinations for 28 
years, accumulating 1 million miles. He holds a Class A CDL from Ohio. 
His driving record for the last 3 years shows one crash and one 
conviction for speeding in a CMV. He exceeded the speed limit by 14 
mph.

William A. Rister

    Mr. Rister, 58, has had amblyopia in his left eye since childhood. 
The best corrected visual acuity in his right eye is 20/20 and in his 
left eye, 20/50. Following an examination in 2008, his ophthalmologist 
noted, ``It is my opinion that Mr. Rister sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Rister reported that he has driven tractor-trailer combinations for 13 
years, accumulating 1.3 million 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.

Billy D. Robertson

    Mr. Robertson, 71, has loss of vision in his right eye due to a 
traumatic injury sustained in 1968. The best corrected visual acuity in 
his right eye is 20/70 and in his left eye, 20/20. Following an 
examination in 2008, his ophthalmologist noted, ``In my medical 
opinion, Mr. Robertson has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Robertson 
reported that he has driven tractor-trailer combinations for 33 years, 
accumulating 2.6 million miles. He holds a Class A CDL from Alabama. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Jerry G. Sexton

    Mr. Sexton, 66, has had a prosthetic left eye from a traumatic 
injury he sustained in 1962. The best corrected visual acuity in his 
right eye is 20/20. Following an examination in 2009, his optometrist 
noted, ``In my medical opinion, Mr. Sexton has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Sexton reported that he has driven straight trucks for 49 years, 
accumulating 7.4 million miles. He holds a Class A CDL license from 
Georgia. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Christopher A. Weidner

    Mr. Weidner, 46, has loss of vision in his left eye due to a 
traumatic injury sustained in 2005. 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, he has sufficient vision to perform his usual driving tasks as 
a commercial driver.'' Mr. Weidner reported that he has driven straight 
trucks for 20 years, accumulating 60,000 miles, and tractor-trailer 
combinations for 15 years, accumulating 45,000 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.

[[Page 19270]]

Paul A. Wolfe

    Mr. Wolfe, 53, has had amblyopia in his left eye since birth. The 
visual acuity in his right eye is 20/20 and in his left eye, 20/400. 
Following an examination in 2008, his optometrist noted, ``In my 
opinion, Paul has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Wolfe reported that he 
has driven straight trucks for 7\1/2\ years, accumulating 281,250 
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.

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 May 28, 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: April 21, 2009.
Charles A. Horan III,
Acting Associate Administrator for Policy and Program Development.
[FR Doc. E9-9614 Filed 4-27-09; 8:45 am]
BILLING CODE 4910-EX-P


