
[Federal Register: August 26, 2009 (Volume 74, Number 164)]
[Notices]               
[Page 43217-43220]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26au09-145]                         

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket ID FMCSA-2009-0206]

 
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 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 September 25, 2009.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2009-0206 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://www.regulations.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 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

Martin Anaya

    Mr. Anaya, age 39, 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 2009, his 
optometrist noted, ``In my professional opinion, from a vision stand 
point, Mr. Anaya can safely drive a commercial vehicle.'' Mr. Anaya 
reported that he has driven straight trucks for 11 years,

[[Page 43218]]

accumulating 220,000 miles, and tractor-trailer combinations for 11 
years, accumulating 110,000 miles. He holds a Class A Commercial 
Driver's License (CDL) from New Mexico. His driving record for the last 
3 years shows no crashes and no convictions for moving violations in a 
CMV.

Gregory G. Barthell

    Mr. Barthell, 48, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/50 and in his left 
eye, 20/20. Following an examination in 2009, his ophthalmologist 
noted, ``In my medical opinion, the patient has sufficient vision to 
perform tasks required to operate a commercial vehicle. His vision 
deficiency is unlikely to change over time.'' Mr. Barthell reported 
that he has driven straight trucks for 3 years, accumulating 7,800 
miles, and buses for 2 years, accumulating 52,000 miles. He holds a 
Class B CDL from New Mexico. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Donald R. Beauchesne

    Mr. Beauchesne, 56, has had amblyopia in his left eye since 
childhood. The best corrected visual acuity in his right eye is 20/25 
and in his left eye, 20/100. Following an examination in 2009, his 
optometrist noted, ``I believe that Mr. Beauchesne has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Beauchesne reported that he has driven straight trucks 
for 11 years, accumulating 275,000 miles, and buses for 20 years, 
accumulating 1 million miles. He holds a Class B CDL from Maine. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

John E. Bell

    Mr. Bell, 47, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/20 and in his left eye, hand 
motion vision. Following an examination in 2009, his optometrist noted, 
``John has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle on public roads in every state in the 
United States.'' Mr. Bell reported that he has driven straight trucks 
for 5 years, accumulating 500,000 miles, and tractor-trailer 
combinations for 10 years, accumulating 1 million 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.

Richard J. Decker

    Mr. Decker, 54, has had amblyopia in his right eye since childhood. 
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, ``Given Mr. Decker's current visual status, he has the proper 
visual skills to operate a commercial vehicle.'' Mr. Decker reported 
that he has driven straight trucks for 25 years, accumulating 250,000 
miles, and tractor-trailer combinations for 25 years, accumulating 2.5 
million 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.

James E. Fix

    Mr. Fix, 46, had an enucleation of his left eye due to a traumatic 
injury sustained in 2000. The best corrected visual acuity in his right 
eye is 20/20. Following an examination in 2009, his optometrist noted, 
``I believe Mr. Fix has sufficient vision to perform the driving tasks 
to operate a commercial vehicle.'' Mr. Fix reported that he has driven 
straight trucks for 4 years, accumulating 120,000 miles, and tractor-
trailer combinations for 8 years, accumulating 640,000 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.

Dean A. Gary

    Mr. Gary, 44, has loss of vision in his left eye due to a retinal 
detachment that occurred 15 years ago. The best corrected visual acuity 
in his right eye is 20/15 and in his left eye, hand motion vision. 
Following an examination in 2009, his optometrist noted, ``In my 
opinion, this patient's vision is adequate for commercial driving.'' 
Mr. Gary reported that he has driven straight trucks for 25 years, 
accumulating 1.7 million miles, and tractor-trailer combinations for 25 
years, accumulating 125,000 miles. He holds a Class A CDL from 
Minnesota. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

James P. Greene

    Mr. Greene, 44, has loss of vision in his left eye due to 
congenital toxoplasmosis. The best corrected visual acuity in his right 
eye is 20/20 and in his left eye, 20/400. Following an examination in 
2009, his optometrist noted, ``In my opinion, his vision is adequate to 
drive a commercial vehicle.'' Mr. Greene reported that he has driven 
straight trucks for 5 years, accumulating 59,520 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.

Larry L. Harris

    Mr. Harris, 56, has loss of vision in his left eye due to a 
congenital retinal lesion. The best corrected visual acuity in his 
right eye is 20/20 and in his left eye, count-finger vision. Following 
an examination in 2009, his optometrist noted, ``In my medical opinion, 
Mr. Harris has sufficient vision to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Harris reported that he has 
driven straight trucks for 7 years, accumulating 7,000 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.

Roger D. Kloss

    Mr. Kloss, 46, has complete loss of vision in his left eye due to a 
congenital defect. The visual acuity in his right eye is 20/20. 
Following an examination in 2009, his optometrist noted, ``I feel that 
Mr. Kloss is well adapted to his situation and has sufficient vision to 
perform the tasks necessary to operate a commercial vehicle.'' Mr. 
Kloss reported that he has driven tractor-trailer combinations for 23 
years, accumulating 1.8 million 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.

Steven R. Lechtenberg

    Mr. Lechtenberg, 42, has bullous keratopathy in his right eye due 
to a traumatic injury sustained as a child. The best corrected visual 
acuity in his right eye is count-finger vision and in his left eye, 20/
20. Following an examination in 2009, his optometrist noted, ``It is my 
medical opinion that Mr. Lechtenberg has sufficient vision to perform 
the driving tasks required to operate a commercial motor vehicle.'' Mr. 
Lechtenberg reported that he has driven straight trucks for 5 years, 
accumulating 200,000 miles. He holds a Class O operator's license from 
Nebraska, which allows him to drive any non-commercial vehicle except 
motorcycles. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Oscar N. Lefferts

    Mr. Lefferts, 50, has had amblyopia in his left eye since 
childhood. The best

[[Page 43219]]

corrected visual acuity in his right eye is 20/20 and in his left eye, 
20/200. Following an examination in 2009, his optometrist noted, ``I 
feel that Mr. Lefferts vision is more than sufficient and he should 
have no restrictions on his commercial driver's license and the ability 
to operate a commercial vehicle is not compromised.'' Mr. Lefferts 
reported that he has driven buses for 9 years, accumulating 1.1 million 
miles. He holds a Class D operator's license from Alabama. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

David C. Lyles

    Mr. Lyles, 54, has had age-related macular degeneration since 2004. 
The best corrected visual acuity in his right eye is 20/80 and in his 
left eye, 20/20. Following an examination in 2009, his optometrist 
noted, ``It is my opinion that Mr. Lyles has sufficient visual ability 
to perform the tasks necessary to operate a commercial vehicle.'' Mr. 
Lyles reported that he has driven tractor-trailer combinations for 3\1/
2\ years, accumulating 350,000 miles. He holds a Class A CDL from 
Georgia. His driving record for the last 3 years shows no crashes and 
one conviction for speeding in a CMV. He exceeded the speed limit by 12 
mph.

Jesse R. McClary, Sr.

    Mr. McClary, 48, 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 2009, his optometrist 
noted, ``I see no reason why Mr. McClary cannot safely operate a 
commercial vehicle and it is my understanding that he has been doing it 
for many years.'' Mr. McClary reported that he has driven straight 
trucks for 30 years, accumulating 6 million miles, tractor-trailer 
combinations for 4 years, accumulating 220,000 miles, and buses for 25 
years, accumulating 500,000 miles. He holds a Class A CDL from 
Missouri. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Ignar L. Meyer

    Mr. Meyer, 54, has had amblyopia in his right eye since childhood. 
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, ``He has no visual condition that would impair his driving 
skill, there should be no restrictions other than glasses required on 
his driver's license, commercial or otherwise.'' Mr. Meyer reported 
that he has driven straight trucks for 3\1/2\ years, accumulating 
56,000 miles. He holds a Class A CDL from Washington. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

James C. Miller

    Mr. Miller, 66, has retinal vein occlusion in his left eye since 
2006. The best corrected visual acuity in his right eye is 20/20 and in 
his left eye, 20/200. Following an examination in 2009, his optometrist 
noted, ``In my medical opinion, Mr. Miller has sufficient vision to 
perform the tasks required to operate a commercial vehicle.'' Mr. 
Miller reported that he has driven tractor-trailer combinations for 29 
years, accumulating 324,000 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.

Norman V. Myers

    Mr. Myers, 53, has complete loss of vision in his right eye due to 
a cataract and retinal detachment as a child. The best corrected visual 
acuity in his left eye is 20/15. Following an examination in 2009, his 
ophthalmologist noted, ``In my professional opinion, Norman Myers has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Myers reported that he has driven straight 
trucks for 3\1/2\ years, accumulating 157,500 miles. He holds an 
operator's license from Washington. His driving record for the last 3 
years shows one crash for which he was not cited, and no convictions 
for moving violations in a CMV.

Steven D. O'Donnell

    Mr. O'Donnell, 35, has a prosthetic right eye due to a traumatic 
injury sustained as a child. The visual acuity in his left eye is 20/
20. Following an examination in 2009, his optometrist noted, ``These 
tests during our examination show that Mr. O'Donnell has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. O'Donnell reported that he has driven straight trucks 
for 10 years, accumulating 500,000 miles, and tractor-trailer 
combinations for 8 years, accumulating 640,000 miles. He holds a Class 
D operator's license from New Jersey. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Ben R. Sauder

    Mr. Sauder, 48, has loss of vision in his left eye due to a macular 
scar. The best corrected visual acuity in his right eye is 20/20 and in 
his left eye, 20/200. Following an examination in 2009, his optometrist 
noted, ``In my opinion, Mr. Sauder's vision is sufficient to perform 
the driving tasks required to operate a commercial vehicle''. Mr. 
Sauder reported that he has driven straight trucks for 32 years, 
accumulating 1.4 million miles, tractor trailers for 4 years, 
accumulating 16,800 miles, and buses for 16 years, accumulating 32,000 
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.

Mark L. Simmons

    Mr. Simmons, 45, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/20 and in his left eye, 20/70. 
Following an examination in 2009, his optometrist noted, ``I believe 
that Mr. Simmons has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Simmons reported that 
he has driven straight trucks for 22 years, accumulating 66,000 miles, 
and tractor-trailer combinations for 11 years, accumulating 38,500 
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.

Don W. Smith

    Mr. Smith, 59, has had a traumatic cataract in his right eye caused 
by an injury sustained in 1954. The best corrected visual acuity in his 
right eye is light perception and in his left eye, 20/20. Following an 
examination in 2009, his optometrist noted, ``In my medical opinion, 
Mr. Don Smith has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Smith reported that he 
has driven straight trucks for 18 years, accumulating 324,000 miles. He 
holds a Class B CDL from Illinois. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Robert E. Smith

    Mr. Smith, 46, has had amblyopia in his right eye since birth. The 
best corrected visual acuity in his right eye is 20/50 and in his left 
eye, 20/20. Following an examination in 2009, his optometrist noted, 
``Mr. Smith has sufficient vision to perform the driving tasks to 
operate a commercial vehicle.'' Mr. Smith reported that he has driven

[[Page 43220]]

straight trucks for 23 years, accumulating 345,000 miles. He holds a 
Class B CDL from Connecticut. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Robert E. Soto

    Mr. Soto, 45, has had myopic degeneration in his left eye since 
childhood. The best corrected visual acuity in his right eye is 20/20 
and in his left eye, count-finger vision. Following an examination in 
2009, his ophthalmologist noted, ``Vision sufficient for commercial 
driving.'' Mr. Soto reported that he has driven tractor-trailer 
combinations for 9 years, accumulating 1.1 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.

Jerry W. Stanfill

    Mr. Stanfill, 67, has complete loss of vision in his left eye due 
to optic nerve damage sustained in 1990. The best corrected visual 
acuity in his right eye is 20/20. Following an examination in 2009, his 
optometrist noted, ``In my opinion, Jerry has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Stanfill reported that he has driven straight trucks for 25 years, 
accumulating 2.2 million miles, and tractor-trailer combinations for 17 
years, accumulating 1.6 million miles. He holds a Class A CDL from 
Arkansas. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Charles M. Thomas

    Mr. Thomas, 61, has had diabetic retinopathy in both eyes since 
1996. The best corrected visual acuity in his right eye is 20/25 and in 
his left eye, 20/80. Following an examination in 2009, his 
ophthalmologist noted, ``As an Ophthalmologist, I certify that Mr. 
Thomas has sufficient vision and field of vision, to more than 
adequately perform the driving tasks that are required to operate a 
commercial vehicle.'' Mr. Thomas reported that he has driven tractor-
trailer combinations for 32 years, accumulating 3.2 million miles. He 
holds a Class A CDL from Maryland. 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 sign.

Roger L. Unser

    Mr. Unser, 60, has a prosthetic left eye due to a traumatic injury 
sustained in 1957. The best corrected visual acuity in his right eye is 
20/20. Following an examination in 2009, his ophthalmologist noted, 
``In my medical opinion, Mr. Unser's vision is acceptable to drive a 
commercial vehicle.'' Mr. Unser reported that he has driven straight 
trucks for 8 years, accumulating 320,000 miles, tractor-trailer 
combinations for 8 years, accumulating 440,000 miles, and buses for 6 
years, accumulating 105,000. He holds a Class B CDL from Oregon. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Virgil E. Walker

    Mr. Walker, 61, has had amblyopia in his right eye since childhood. 
The best corrected visual acuity in his right eye is 20/100 and in his 
left eye, 20/20. Following an examination in 2009, his optometrist 
noted, ``The patient has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Walker reported that he 
has driven straight trucks for 36 years, accumulating 342,000 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.

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 September 25, 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: August 20, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-20622 Filed 8-25-09; 8:45 am]

BILLING CODE 4910-EX-P
