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Federal Register: September 30, 2005 (Volume 70, Number 189)
Page 57353-57358
DOCID:fr30se05-170 ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2005-22194] Qualification of Drivers; Exemption Applications; Vision AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemption from the vision standard;
request for comments. ----------------------------------------------------------------------- SUMMARY: This notice publishes FMCSA's receipt of applications from 49
individuals for an 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 vision
standard prescribed in 49 CFR 391.41(b)(10). DATES: Comments must be received on or before October 31, 2005. ADDRESSES: You may submit comments identified by any of the following
methods. Please identify your comments by the DOT DMS Docket Number
FMCSA-2005-21254. - Web site: http://dms.dot.gov. Follow the instructions for
submitting comments on the DOT electronic docket site.
- Fax: 1-202-493-2251.
- Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-0001.
- Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Instructions: All submissions must include the agency name and
docket number for this notice. For detailed instructions on submitting
comments and additional information on the rulemaking process, see the
Public Participation heading of the SUPPLEMENTARY INFORMATION section
of this document. Note that all comments received will be posted
without change to http://dms.dot.gov, including any personal
information provided. Please see the Privacy Act heading under
Regulatory Notices. Docket: For access to the docket to read background documents or comments received, go to http://dms.dot.gov at any time or to Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Office of Bus and Truck Standards and Operations, (202) 366-4001, FMCSA, Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001. Office hours are from 8 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Public Participation: The DMS is available 24 hours each day, 365
days each year. You can get electronic submission and retrieval help
guidelines under the "help" section of the DMS Web site. If you want
us to notify you 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 is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review the
Department of Transportation's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (Volume 65, Number 70;
Pages 19477-78) or you may visit http://dms.dot.gov. Background Under 49 U.S.C. 31315 and 31136(e), the FMCSA may grant an
exemption for a 2-year period if it finds "such exemption would likely
achieve a level of safety that is equivalent to, or greater than, the
level that would be achieved absent such exemption." The statute also
allows the agency to renew exemptions at the end of the 2-year period.
The 49 individuals listed in this notice have recently 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 the statute. Qualifications of Applicants Francis M. Anzulewicz Mr. Anzulewicz, 54, has had macular degeneration in his right eye
since 1999. The best-corrected visual acuity in his right eye is 20/60
and in the left, 20/20. His optometrist examined him in 2004 and noted,
"In my opinion, Francis Anzulewicz has sufficient vision to perform
the driving tasks required for commercial vehicles." Mr. Anzulewicz
reported that he has driven straight trucks for 27 years, accumulating
540,000 miles. He holds a Class B CDL with a motorcycle endorsement
from Connecticut. His driving record for the last 3 years shows no
crashes or convictions for moving violations in a CMV. James S. Ayers Mr. Ayers, 45, has amblyopia in his right eye. The best-corrected
visual acuity in his right eye is 20/200 and in the left, 20/30. His
ophthalmologist examined him in 2004 and noted, "In my opinion, you
would appear to have sufficient vision to allow you to drive a light
commercial vehicle." Mr. Ayers reported that he has driven straight
trucks for 14 years, accumulating 36,000 miles. He holds a Class C CDL
with a motorcycle endorsement from Georgia. His driving record for the
last 3 years shows no crashes or convictions for moving violations in a
CMV. Bruce Barrett Mr. Barrett, 59, has amblyopia in his left eye since age 3. His
visual acuity in the right eye is 20/25 and in the left, light
perception. Following an examination in 2005, his optometrist noted,
"Mr. Barrett has sufficient visual function to continue to perform the
driving tasks required to safely operate a commercial vehicle." Mr.
Barrett reported that he has driven straight trucks for 38 years,
accumulating 1.0 million miles. He holds a Class B CDL from West
Virginia. His driving record for the last 3 years shows no crashes or
convictions for moving violations in a CMV. Norm Braden Mr. Braden, 59, has a prosthetic right eye due to an injury he
obtained in 1965. His visual acuity in the left eye is 20/20. Following
an examination in 2005, his ophthalmologist noted, "In my medical
opinion, he has sufficient vision to perform the driving tasks required
to operate a commercial vehicle." Mr. Braden reported that he has
driven straight trucks for 18 years, accumulating 450,000 miles, and
tractor-trailer combinations for 18 years, accumulating 180,000 miles.
He holds a Class A CDL from Colorado. His driving record for the last 3
years shows one crash and no convictions for a moving violation in a
CMV. According to the police report, as Mr. Braden attempted to make a
right hand turn, the trailer struck a stop sign. Mr. Braden was not
cited. [[Page 57354]] Levi A. Brown Mr. Brown, 53, is blind in his right eye due to a childhood injury.
The best-corrected visual acuity in his left eye is 20/20. Following an
examination in 2005, his optometrist noted, "It is my opinion that he
should be able to operate the commercial vehicles that he has been
operating many years now." Mr. Brown reported that he has driven
straight trucks for 30 years, accumulating 60,000 miles, and tractor-
trailer combinations for 17 years, accumulating 85,000 miles. He holds
a Class A CDL from Montana. His driving record for the last 3 years
shows no crashes or convictions for moving violations in a CMV. Henry L. Chastain Mr. Chastain, 56, lost vision in the left eye due to an injury. His
best-corrected visual acuity in the right eye is 20/20 and in the left,
hand motions. Following an examination in 2005, his optometrist noted,
"It is my opinion that he has sufficient vision to perform the driving
tasks required to operate a commercial vehicle." Mr. Chastain reported
that he has driven straight trucks for 35 years, accumulating 1.7
million miles, and tractor-trailer combinations for 12 years,
accumulating 600,000 miles. He holds a Class A CDL from Georgia. His
driving record for the last 3 years shows no crashes or convictions for
moving violation in a CMV. Thomas R. Crocker Mr. Crocker, 59, has a prosthetic left eye due to an injury at age
13. His best-corrected visual acuity in the left eye is 20/20.
Following an examination in 2004, his optometrist noted, "In my
opinion, Mr. Crocker has sufficient vision to perform the driving tasks
required to operate a commercial vehicle." Mr. Crocker reported that
he has driven straight trucks for 36 years, accumulating 360,000 miles,
and tractor-trailer combinations for 33 years, accumulating 990,000
miles. He holds a Class D driver's license from South Carolina. His
driving record for the last 3 years shows no crashes or convictions for
moving violations in a CMV. Clint Edwards Mr. Edwards, 35, has amblyopia in his right eye since birth. His
best-corrected visual acuity in the right eye is 20/400 and in the
left, 20/15. Following an examination in 2005, his optometrist noted,
"I feel he does have sufficient vision to perform the vision driving
tasks required to operate a commercial vehicle." Mr. Edwards reported
that he has driven tractor-trailer combinations for 5 years,
accumulating 459,000 miles. He holds a Class O driver's license from
Nebraska. His driving record for the last 3 years shows one crash and
no convictions for moving violations in a CMV. According to the
reporting officer, while Mr. Edwards was attempting to make a left
turn, his tractor-trailer collided with another vehicle due to snowy
road conditions. Neither Mr. Edwards nor the driver of the other
vehicle was cited in connection with the crash Neil G. Finegan, Jr. Mr. Finegan, 37, has a congenital cataract in his right eye. At age
5 he underwent cataract surgery with insertion of an intraocular lens
implant. The best-corrected visual acuity in his right eye is light
perception and in the left, 20/15. His optometrist examined him in 2005
and noted, "In my medical opinion Neil has sufficient vision to
perform the driving tasks required to operate a commercial vehicle."
Mr. Finegan reported that he has driven straight trucks for 18 years,
accumulating 720,000 miles, and tractor-trailer combinations for 18
years, accumulating 900,000 miles. He holds a chauffeur Class CA CDL
from Michigan. Mr. Finegan's driving record for the last 3 years shows
one crash and no convictions for moving violations in a CMV. Mr.
Finegan's vehicle was struck by another truck that entered his lane.
The truck's driver had fallen from his truck with the engine running
and in gear. The other driver was found at fault for negligent
operation of a vehicle. Neither driver was cited. Gerald W. Fox Mr. Fox, 59, has prosthetic left eye due to trauma incurred on
December 23, 2001. The visual acuity in his right eye is 20/20. His
optometrist examined him in 2005 and noted, "Mr. Fox's visual
condition is stable and is sufficient to allow him to operate a
commercial vehicle without restrictions." Mr. Fox reported that he has
driven tractor-trailer combinations for 34 years, accumulating 3.0
million miles. He holds a Class A CDL with a motorcycle endorsement
from Pennsylvania. His driving record for the last 3 years shows no
crashes or convictions for moving violations in a CMV. Ronald Fultz Mr. Fultz, 48, has traumatic maculopathy in his right eye since
January 2002. His visual acuity in the right eye is 20/70 and in the
left, 20/20. Following an examination in 2005, his ophthalmologist
noted, "I feel that Mr. Fultz can still operate a commercial vehicle
as he has done so since his injury in January 2001." Mr. Fultz
reported that he has driven straight trucks for 7 years, accumulating
1.7 million miles, and tractor-trailer combinations for 18 years,
accumulating 1.6 million miles. He holds a Class A CDL with a Class D
drivers license endorsement from Kentucky. His driving record for the
last 3 years shows no crashes or convictions for moving violations in a
CMV. Henke Galloway Mr. Galloway, 29, has a macular hole in his right eye due to an
injury 12 years ago. The visual acuity in his right eye is 20/80 and in
the left, 20/20. His optometrist examined him in 2005 and noted, "I
consider Mr. Galloway completely qualified for this type of driving
with no danger to himself or the public. It would be my recommendation
to grant him an interstate driver's license with no restrictions." Mr.
Galloway reported that he has driven straight trucks for 5 years,
accumulating 275,000 miles, and tractor-trailer combinations for 7
years, accumulating 770,000 miles. He holds a Class A CDL from Kansas.
His driving record for the last 3 years shows no crashes or convictions
for moving violations in a CMV. Richard L. Gandee Mr. Gandee, 49, has reduced visual acuity in his left eye due to a
macular scar. The best-corrected visual acuity in his right eye is 20/
15 and in the left, 20/50. His optometrist examined him in 2005 and
noted, "I am of the opinion that his vision is sufficient to perform
the driving tasks required to operate a commercial vehicle." Mr.
Gandee reported that he has driven straight trucks for 2 years,
accumulating 260,000 miles, and tractor-trailer combinations for 21
years, accumulating 2.5 million miles. He holds a Class A CDL from
Ohio. His driving record for the last 3 years shows no crashes or
convictions for moving violations in a CMV. Raymond A. Gravel Mr. Gravel, 45, has had a retinal detachment in his right eye since
1974. The best-corrected visual acuity in his right eye is 20/400 and
in the left, 20/25+. Following an examination in 2005 his optometrist
noted, "Mr. Gravel has sufficient vision with glasses or contact
lenses to operate a commercial vehicle." Mr. Gravel reported that he
has driven straight trucks for 5 years, accumulating 500,000 miles,
tractor-trailer combinations for 7 years, accumulating 599,998 miles.
He holds a Class A CDL from Vermont. His driving record for the last 3
years shows no crashes or [[Page 57355]] convictions for moving violations in a CMV. John C. Holmes Mr. Holmes, 54, has amblyopia in his right eye since childhood. The
best-corrected visual acuity in his right eye is 20/400 and in the
left, 20/15. Following an examination in 2005 his ophthalmologist
noted, "I feel he has sufficient vision to perform the driving tasks
required to operate a commercial vehicle." Mr. Holmes reported that he
has driven straight trucks for 13 years, accumulating 507,000 miles,
tractor-trailer combinations for 4 years, accumulating 100,000 miles,
and buses for 2 years, accumulating 18,000 miles. He holds a Class B
CDL from New York. His driving record for the last 3 years shows no
crashes or convictions for moving violations in a CMV. John L. Hynes Mr. Hynes, 61, has amblyopia in his left eye since childhood. His
best-corrected visual acuity in the right eye is 20/20 and in the left,
20/400. Following an examination in 2005, his optometrist noted, "Mr.
Hynes" vision remains unchanged since childhood and/is has been
sufficient to perform driving tasks for a commercial vehicle." Mr.
Hynes reported that he has driven straight trucks for 36 years,
accumulating 360,000 miles, and tractor-trailer combinations for 15
years, accumulating 75,000 miles. He holds a Class A CDL from Illinois.
His driving record for the last 3 years shows no crashes or convictions
for moving violations in a CMV. Kevin Jacoby Mr. Jacoby, 38, has amblyopia and strabismus in his right eye since
childhood. The visual acuity in his right eye is hand motions and in
the left, 20/20. His optometrist examined him in 2005 and noted, "In
my professional opinion, Mr. Jacoby has sufficient vision to operate a
commercial vehicle." Mr. Jacoby reported that he has driven straight
trucks for 5 years, accumulating 75,000 miles. He holds a Class D
driver's license from New Jersey. His driving record for the last 3
years shows no crashes or convictions for moving violations in a CMV. Frank E. Johnson, Jr. Mr. Johnson, 30, has had a corneal transplant in his left eye due
to a childhood injury. The best-corrected visual acuity in his right
eye is 20/20 and in the left, 20/400. Following an examination in 2005,
his ophthalmologist noted, "I believe that Mr. Johnson does have
adequate vision to perform the driving tasks required to operate this
type of commercial vehicle." Mr. Johnson reported that he has driven
straight trucks for 11 years, accumulating 68,640 miles. He holds a
Class C CDL from Florida. His driving record for the last 3 years shows
no crashes or convictions for moving violations in a CMV. Vladimir Kats Mr. Kats, 56, has amblyopia in his left eye. His best-corrected
visual acuity in the right eye is 20/20 and in the left, count finger.
Following an examination in 2005, his optometrist noted, "In my
opinion, Mr. Kats has sufficient vision to perform the driving tasks
required to operate a commercial vehicle." Mr. Kats reported that he
has driven straight trucks for 4 years, accumulating 100,000 miles. He
holds a Class C driver's license from North Carolina. His driving
record for the last 3 years shows no crashes or convictions for moving
violations in a CMV. John G. Kaye Mr. Kaye, 49, has had retinal detachment in his right eye since
1990. The best-corrected visual acuity in his right eye is 20/200 and
in the left, 20/15. His optometrist examined him in 2005 and noted,
"In my opinion, Mr. Kaye is qualified to drive a commercial vehicle
with his current ocular status." Mr. Kaye reported that he has driven
straight trucks for 16 years, accumulating 160,000 miles. He holds a
Class B CDL with a motorcycle endorsement from Massachusetts. His
driving record for the last 3 years shows no crashes or convictions for
moving violations in a CMV. Alfred Keehn Mr. Keehn, 56, has had a prosthetic right eye for the past two
years. Prior to the prosthetic eye, Mr. Keehn has had reduced vision
since birth in his right eye. The best-corrected visual acuity in the
left eye is 20/20-3. Following an examination in 2005, his optometrist
noted, "Mr. Keehn has sufficient vision to perform the driving tasks
required to operate a commercial vehicle." Mr. Keehn reported that he
has driven straight trucks for 8 years, accumulating 200,000 miles, and
tractor-trailer combinations for 30 years, accumulating 1.8 million
miles. He holds a Class A CDL from Arizona. His driving record for the
last 3 years shows no crashes or convictions for moving violations in a
CMV. Richard H. Kind Mr. Kind, 43, has a central scar in his left eye due to an injury
at age 15. His best-corrected visual acuity in the right eye is 20/15
and in the left, 20/200. Following an examination in 2004, his
optometrist noted, "It is my opinion that with excellent vision in the
right eye and normal peripheral vision in the left eye, Richard does
possess sufficient visual abilities to operate a commercial vehicle."
Mr. Kind reported that he has driven straight trucks for 15 years,
accumulating 300,000 miles, and tractor-trailer combinations for 15
years, accumulating 300,000 miles. He holds a Class A CDL from
Washington State. His driving record for the last 3 years shows no
crashes or convictions for moving violations in a CMV. Paul Laffredo, Jr. Mr. Laffredo, 63, has macular degeneration and posterior vitreous
detachment in his right eye. His best-corrected visual acuity in the
right eye is 20/200 and in the left, 20/20. Following an examination in
2005, his optometrist noted, "It is my opinion Mr. Laffredo has
sufficient vision to operate a commercial vehicle at this time." Mr.
Laffredo reported that he has driven buses for 16 years, accumulating
960,000 miles. He holds a Class B CDL with a motorcycle endorsement
from Pennsylvania. 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 15 mph. Bobby G. LaFleur Mr. LaFleur, 48, has esotropia with amblyopia in his left eye. His
best-corrected visual acuity in the right eye is 20/30 and in the left,
20/80. Following an examination in 2005, his ophthalmologist noted, "I
believe that he can see well enough to perform the driving tasks
required to operate a commercial vehicle." Mr. LaFleur reported that
he has driven tractor-trailer combinations for 28 years, accumulating
2.4 million miles. He holds a Class A CDL from Louisiana. His driving
record for the last 3 years shows no crashes or convictions for moving
violations in a CMV. Robert S. Larrance Mr. Larrance, 56, suffered retinal detachment to his right eye with
surgical repair in April of 2002. His best-corrected visual acuity in
the right eye is hand motions and in the left, 20/20. Following an
examination in 2005, his ophthalmologist noted, "My opinion is that
this individual has sufficient vision to drive a commercial vehicle."
Mr. Larrance reported that he has driven straight trucks for 10 years
accumulating 1.0 million miles, and tractor-trailer [[Page 57356]]
combinations for 26 years, accumulating 3.9 million miles. He holds a
Class A CDL from Tennessee. His driving record for the last 3 years
shows no crashes or convictions for moving violations in a CMV. Earnest W. Lewis Mr. Lewis, 60, has had poor vision in his left eye since 1997 due
to central retinal artery occlusion. His best-corrected visual acuity
in the right eye is 20/20, and in the left, hand motions. Following an
examination in 2005, his ophthalmologist noted, "In my opinion, the
patient's vision is sufficient to operate a commercial vehicle." Mr.
Lewis reported that he has driven straight trucks for 37 years,
accumulating 1.2 million miles, and tractor-trailer combinations for 28
years, accumulating 2.2 million miles. He holds a Class A CDL from
Virginia. 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 20 mph. John D. McCormick Mr. McCormick, 66, is blind in his right eye due to a traumatic
injury in 1998. His best-corrected visual acuity in the right eye is
light perception, and in the left eye, 20/20. Following an examination
in 2004, his ophthalmologist noted, "In my opinion the monocular
vision that you have present in the left eye is adequate to perform the
driving tasks required to operate a commercial vehicle." Mr. McCormick
reported that he has driven straight trucks for 23 years, accumulating
483,000 miles, and tractor-trailer combinations for 22 years,
accumulating 440,000 miles, and buses for 2 years, accumulating 220,000
miles. He holds a Class A CDL from Wyoming. His driving record for the
last 3 years shows no crashes or convictions for moving violations in a
CMV. Thomas C. Meadows Mr. Meadows, 41, has loss of vision in his left eye due to a
traumatic injury in 2000. His visual acuity in the right eye is 20/20
and in the left, 20/50. Following an examination in 2005, his
optometrist noted, "It is my opinion that Thomas Craig Meadows has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle." Mr. Meadows reported that he has driven tractor-
trailer combinations for 20 years, accumulating 1.7 million miles. He
holds a Class A CDL from North Carolina. His driving record for the
last 3 years shows no crashes or convictions for moving violations in a
CMV. Timothy S. Miller Mr. Miller, 48, has amblyopia in his right eye. His best-corrected
visual acuity in the right eye is 20/50 and in the left, 20/20.
Following an examination in 2004, his optometrist noted, "It is my
opinion that Mr. Miller has sufficient vision to perform the driving
tasks required to operate a commercial vehicle." Mr. Miller reported
that he has driven tractor-trailer combinations for 21 years,
accumulation 2.1 million miles. He holds a Class A CDL from California.
His driving record for the last 3 years shows one conviction for moving
violation--speeding--in a CMV. He exceeded the speed limit by 10 mph. Roger D. Mollak Mr. Mollak, 46, has amblyopia in his left eye since birth. The
best-corrected visual acuity in his right eye is 20/20 and in the left,
20/200. His ophthalmologist examined him in 2005 and noted, "The
patient's visual circumstance is unchanged in the last several years
and I see no reason based on his vision, that he should not be able to
operate a commercial vehicle." Mr. Mollak reported that he has driven
straight trucks for 26 years, accumulating 260,000 miles and tractor-
trailer combinations for 5 years, accumulating 25,000 miles. He holds a
Class O operators license from Nebraska. His driving record for the
last 3 years shows no crashes or convictions for moving violations in a
CMV. Michael R. Moore Mr. Moore, 39, has vision loss in his left eye due to a traumatic
injury in 2001. The best-corrected visual acuity in his right eye is
20/20 and in the left, 20/200. His ophthalmologist examined him in 2005
and noted, "In my opinion, Mr. Moore should have sufficient vision to
operate a commercial vehicle based on his continued operation for the
past four years." Mr. Moore reported that he has driven tractor-
trailer combinations for 20 years, accumulating 1.1 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--
speeding--in a CMV. He exceeded the limit by 24 mph. Jade D. Morrical Mr. Morrical, 52, has a prosthetic left eye due to an injury in
1974. His visual acuity in the right eye is 20/20. Following an
examination in 2005, his ophthalmologist noted, "I feel Mr. Morrical
has sufficient vision to perform his duties as a commercial truck
driver in that he has been doing this for many, many years and is well
adapted from his visual deficiency." Mr. Morrical reported that he has
driven straight trucks and tractor-trailer combinations for 11 years,
accumulating 132,000 miles in the former and 66,000 miles in the
latter. He holds a Class A CDL from Colorado. His driving record for
the last 3 years shows one crash and no convictions for moving
violations in a CMV. According to the police report, a driver collided
with the rear of Mr. Morrical's vehicle while he was slowing for
traffic. Mr. Morrical was not cited. David A. Morris Mr. Morris, 48, has amblyopia in his left eye since childhood. The
best-corrected visual acuity in his right eye is 20/20 and in the left,
20/70. Following an examination in 2005, his optometrist noted, "In my
professional opinion, Mr. Morris has sufficient vision to perform the
driving tasks required to operate a commercial vehicle." Mr. Morris
reported that he has driven straight trucks for 3 years, accumulating
120,000 miles, and tractor-trailer combinations for 26 years,
accumulating 2.6 million miles. He holds a Class A CDL from Texas. His
driving record for the last 3 years shows no crashes or convictions for
moving violations in a CMV. Leigh E. Moseman Mr. Moseman, 61, primary visual problem is macular scar in his
right eye. His best-corrected visual acuity in the right eye is 20/200
and in the left, 20/15. Following an examination in 2005, his
optometrist noted, "In my opinion, Mr. Moseman has sufficient vision
to perform the driving tasks required to operate a commercial
vehicle." Mr. Moseman reported that he has driven straight trucks for 10
years accumulating 285,000 miles, and tractor-trailer combinations for
6 years, accumulating 52,000 miles. He holds a Class C driver's license
from Texas. His driving record for the last 3 years shows no crashes or
convictions for moving violations in a CMV. Gary T. Murray Mr. Murray, 49, has a prosthetic left eye resulting from trauma
incurred in 1990. His best-corrected visual acuity in the right eye is
20/20. Following an examination in 2005, his optometrist noted, "In my
opinion, Mr. Murray has sufficient vision to perform driving tasks
required to operate a commercial vehicle." Mr. Murray reported that he
has driven straight trucks for 30 years accumulating 1.2 million miles,
and tractor-trailer combinations for 27 years, accumulating 945,000
miles. He holds a [[Page 57357]] Class A CDL from Georgia. His driving record for the last 3 years shows
no crashes or convictions for moving violations in a CMV. Larry D. Neely Mr. Neely, 50, has amblyopia in his left eye since childhood. The
best-corrected visual acuity in his right eye is 20/20 and in the left,
counting fingers. His ophthalmologist examined him in 2005 and noted,
"I certify in my medical opinion that Larry Neely has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'" Mr. Neely reported that he has driven straight trucks for 8
months, accumulating 25,000 miles, and buses for 2 years, accumulating
30,000 miles. He holds a Class B CDL from Illinois. His driving record
for the last 3 years shows no crashes and two convictions for moving
violations--speeding--and "disregarding traffic control light" in a
CMV. He exceeded the speed limit by 15 mph. Jorge L. Osuna Mr. Osuna, 47, has a traumatic cataract and corneal scarring in his
right eye due to an injury 20 years ago. His best-corrected visual
acuity in the right eye is hand motion and in the left, 20/20.
Following an examination in 2005, his optometrist noted, "Patient has
adequate vision to perform driving tasks required to operate a
commercial vehicle." Mr. Osuna reported that he has driven straight
trucks and tractor-trailer combinations for 9 years, accumulating
765,000 miles in each. He holds a Class A CDL from Arizona. His driving
record for the last 3 years shows no crashes or convictions for moving
violations in a CMV. Joseph B. Peacock Mr. Peacock, 27, has loss of vision in his left eye due to trauma
at age 16. The best-corrected visual acuity in his right eye is 20/20
and in the left, 20/60. His optometrist examined him in 2005 and noted,
"Based on his examination, I feel Mr. Peacock can safely operate a
commercial vehicle at this time.'" Mr. Peacock reported that he has
driven straight trucks for 4 years, accumulating 20,000 miles, and
tractor-trailer combinations for 4 years, accumulating in the former
30,000 miles. He holds a Class A CDL from North Carolina. His driving
record for the last 3 years shows no crashes or convictions for moving
violations in a CMV. Scott D. Russell Mr. Russell, 45, lost his left eye due to an injury 30 years ago.
The best-corrected visual acuity in his right eye is 20/25. His
optometrist examined him in 2005 and noted, "From a visual standpoint,
in my opinion, this patient has sufficient vision to operate a
commercial vehicle." Mr. Russell reported that he has driven straight
trucks for 15 years, accumulating 210,000 miles. He holds a Class B CDL
from Minnesota. His driving record for the last 3 years shows no
crashes or convictions for moving violations in a CMV. Louis R. Saalinger Mr. Saalinger, 68, lost the vision in his left eye due to an injury
in 1965. The visual acuity in his right eye is 20/20. His optometrist
examined him in 2005 and noted, "In my opinion, Mr. Saalinger has a
perfect right eye with full fields, color vision and excellent acuity.
With the proper mirrors he can continue to drive a commercial vehicle
as he has for over 30+ years." Mr. Saalinger reported that he driven
straight trucks for 40 years, accumulating 400,000 miles, and tractor-
trailer combinations for 40 years, accumulating 800,000 miles. He holds
a Class A CDL with a motorcycle endorsement from Pennsylvania. His
driving record for the last 3 years shows one crash and no convictions
for moving violations in a CMV. Mr. Saalinger's vehicle was struck when
another vehicle entered his travel lane. The other driver was cited.
Mr. Saalinger was not cited. James L. Schmidt Mr. Schmidt, 37, is blind in his right eye due to an accident in
1981. The best-corrected visual acuity in his right eye is light
perception and in the left, 20/20. His optometrist examined him in 2005
and noted, "With his spectacle prescription, Mr. Schmitt has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle." Mr. Schmitt reported that he has driven straight
trucks for 20 years, accumulating 600,000 miles, and tractor-trailer
combinations for 10 years, accumulating 1.0 million miles. He holds a
Class A CDL from Nebraska. His driving record for the last 3 years
shows no crashes or convictions for moving violations in a CMV. Richard P. Stanley Mr. Stanley, 47, has amblyopia in his left eye since birth. His
best-corrected visual acuity in the right eye is 20/20 and in the left,
20/600. Following an examination in 2005, his ophthalmologist noted,
"He has proven to be a safe and capable driver for the past ten years
so I believe his vision is sufficient for him to operate commercial
vehicles." Mr. Stanley reported that he has driven straight trucks for
28 years, accumulating 840,000 miles, and tractor-trailer combinations
for 28 years, accumulating 532,000 miles. He holds a Class A CDL with a
motorcycle endorsement from Massachusetts. His driving record for the
last 3 years shows no crashes or convictions for moving violations in a
CMV. Paul Stoddard Mr. Stoddard, 48, has amblyopia in his left eye since early
childhood. His visual acuity in the right eye is 20/20 and in the left,
20/200. Following an examination in 2005, his ophthalmologist noted,
"In my medical opinion, he has sufficient vision to perform the
driving tasks required to operate a commercial vehicle." Mr. Stoddard
reported that he has driven straight trucks for 21 years, accumulating
151,000 miles, tractor-trailer combinations for 21 years, accumulating
504,000 miles, and buses for 10 years, accumulating 5,000 miles. He
holds a Class A CDL with a motorcycle endorsement from New York. His
driving record for the last 3 years shows no crashes or convictions for
moving violations in a CMV. Robert L. Tankersley, Jr. Mr. Tankersley, 43, had a corneal transplant in his left eye in
2000. His best-corrected visual acuity in the right eye is 20/25 and in
the left, light perception. Following an examination in 2005, his
optometrist noted, "In my medical opinion, he has sufficient vision to
operate and perform driving tasks for operating a commercial vehicle."
Mr. Tankersley reported that he has driven straight trucks for 2 years
accumulating 90,000 miles, and tractor-trailer combinations for 20
years, accumulating 2.5 million miles. He holds a Class A CDL from
Mississippi. His driving record for the last 3 years shows no crashes
or convictions for moving violations in a CMV. Scott Tetter Mr. Tetter, 43, has had an underdeveloped macular in his right eye
since birth. His best-corrected visual acuity in the right eye is 20/
200, and in the left, 20/20. Following an examination in 2005, his
optometrist noted, "In my opinion Scott Tetter's vision is sufficient
to operate a commercial vehicle." Mr. Tetter reported that he has
driven straight trucks for 24 years, accumulating 1.3 million miles. He
holds a Class A CDL with a motorcycle endorsement from Illinois. His
driving record for the last [[Page 57358]] 3 years shows no crashes or convictions for moving violations in a CMV. Benny R. Toothman Mr. Toothman, 49, has misalignment of his right eye since birth.
His best-corrected visual acuity in the right eye is count fingers, and
in the left, 20/20. Following an examination in 2005, his optometrist
noted, "In my medical opinion he will have no difficulty driving a
commercial vehicle." Mr. Toothman reported that he has driven a
straight truck for 3 years, accumulating 4,500 miles. He holds a Class
A CDL from Pennsylvania. His driving record for the last 3 years shows
no crashes or convictions for moving violations in a CMV. Dewayne Washington Mr. Washington, 33, has optic atrophy in his left eye since
childhood. The visual acuity in his right eye is 20/20 and in the left,
light perception. His ophthalmologist examined him in 2005 and noted,
"In my opinion, he does have sufficient vision to perform the driving
tasks required to operate a commercial vehicle." Mr. Washington
reported that he has driven tractor-trailer combinations for 6 years,
accumulating 468,000 miles. He holds a Class A CDL from North Carolina.
His driving record for the last 3 years shows no crashes or convictions
for moving violations in a CMV. Kris Wells Mr. Wells, 24, has a prosthetic left eye resulting from trauma
incurred four years ago. The best-corrected visual acuity in his right
eye is 20/15. His optometrist examined him in 2005 and noted, "In my
opinion, Kris Wells acuity and peripheral vision in the right eye are
good and he should be able to operate a commercial vehicle safely."
Mr. Wells reported that he has driven straight trucks for 1 year,
accumulating 100,000 miles, and tractor-trailer combinations for 6
years, accumulating 900,000 miles. He holds a Class A CDL from
Arkansas. His driving record for the last 3 years shows no crashes or
convictions for moving violations in a CMV. James T. Wortham, Jr. Mr. Wortham, 40, suffered a retinal detachment of his left eye in
1977. His visual acuity in the right eye is 20/20 and in the left, 20/
400. Following an examination in 2005, his ophthalmologist noted, "In
my opinion, this patient has sufficient vision to perform the driving
tasks required to operate a commercial vehicle." Mr. Wortham reported
that he has driven straight trucks for 11 years, accumulating 198,000
miles. He holds a Class C driver's license from Georgia. His driving
record for the last 3 years shows no crashes or convictions for moving
violations in a CMV. Request for Comments In accordance with 49 U.S.C. 31315 and 31136(e), the FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated earlier in the
notice. Issued on: September 26, 2005.
Pamela M. Pelcovits,
Director, Policy, Plans and Regulation.
[FR Doc. 05-19595 Filed 9-29-05; 8:45 am] BILLING CODE 4910-EX-P
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