[Federal Register Volume 70, Number 189 (Friday, September 30, 2005)]
[Notices]
[Pages 57353-57358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19595]



[[Page 57353]]

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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.

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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