[Federal Register Volume 71, Number 106 (Friday, June 2, 2006)]
[Notices]
[Pages 32183-32188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8588]



[[Page 32183]]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-24783]


Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemptions; request for comments.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces receipt of applications from 47 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 July 3, 2006.

ADDRESSES: You may submit comments identified by Department of 
Transportation (DOT) Docket Management System (DMS) Docket Number 
FMCSA-2006-24783 using any of the following methods:
     Web site: http://dmses.dot.gov/submit. 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.
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    Instructions: All submissions must include the Agency name and 
docket number for this Notice. 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 for further 
information.
    Docket: For access to the docket to read background documents or 
comments received, go to http://dms.dot.gov at any time or 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. The DMS is available 24 hours each day, 365 
days each year. If you want acknowledgment that we received your 
comments, please include a self-addressed, stamped envelope or postcard 
or print the acknowledgement page that appears after submitting 
comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or of the person signing the comment, if 
submitted on behalf of an association, business, labor union, etc.). 
You may review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477; Apr. 11, 2000). This 
information is also available at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Chief, Physical 
Qualifications Division, (202) 366-4001, [email protected], FMCSA, 
Department of Transportation, 400 Seventh Street, SW., Room 8301, 
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 47 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

Jawad K. Al-Shaibani

    Mr. Al-Shaibani, age 43, has a prosthetic right eye due to a 
traumatic injury sustained in 1989 that caused a retinal detachment. 
The best corrected visual acuity in his left eye 20/20. Following an 
examination in 2006, his optometrist noted, ``He has sufficient vision 
for driving commercial vehicles.'' Mr. Al-Shaibani reported that he has 
driven straight trucks for 7 years, accumulating 280,000 miles, and 
tractor-trailer combinations for 2 years, accumulating 100,000 miles. 
He holds a Class A Commercial Driver's License (CDL) from Washington. 
His driving record for the last 3 years shows no crashes or convictions 
for moving violations in a CMV.

Kenneth J. Bernard

    Mr. Bernard, 54, has had amblyopia in his right eye since birth. 
The visual acuity in his right eye is count-finger-vision and in the 
left, 20/20. Following an examination in 2006, his ophthalmologist 
noted, ``With these results, I have found Mr. Bernard's vision 
sufficient enough to perform driving tasks required to operate a 
commercial vehicle.'' Mr. Bernard reported that he has driven straight 
trucks for 34 years, accumulating 889,440 miles. He holds a Class D 
Chauffeur's license from Louisiana. His driving record for the last 3 
years shows no crashes or convictions for moving violations in a CMV.

Allen G. Bors

    Mr. Bors, 65, has a prosthetic right eye due to a traumatic injury 
sustained as a child. The best corrected visual acuity in his left eye 
is 20/15. Following an examination in 2006, his ophthalmologist noted, 
``In my medical opinion, he has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Bors 
reported that he has driven straight trucks for 44 years, accumulating 
499,972 miles, and tractor-trailer combinations for 26 years, 
accumulating 99,996 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.

Douglas L. Brazil

    Mr. Brazil, 56, has had amblyopia in his right eye since birth. The 
best corrected visual acuity in his right eye is 20/200 and in the 
left, 20/15. Following an examination in 2005, his optometrist noted, 
``Douglas Brazil has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Brazil reported that he 
has driven straight trucks for 9 years, accumulating 70,200 miles, 
tractor-trailer combinations for 19 years, accumulating 1.8 million 
miles, and buses for 5 years, accumulating 130,000 miles. He holds a 
Class C CDL from Georgia. His driving record for the last 3 years shows 
no crashes or convictions for moving violations in a CMV.

John E. Breslin

    Mr. Breslin, 39, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/20 and in the left, 20/200. 
Following an

[[Page 32184]]

examination in 2006, his optometrist noted, ``I feel that John presents 
adequate vision for operating a commercial vehicle safely.'' Mr. 
Breslin reported that he has driven straight trucks for 20 years, 
accumulating 300,000 miles, and tractor-trailer combinations for 20 
years, accumulating 1.1 million miles. He holds a Class A CDL from 
Nevada. His driving record for the last 3 years shows no crashes or 
convictions for moving violations in a CMV.

Marcus S. Burkholder

    Mr. Burkholder, 71, has a cataract in his left eye due to a 
traumatic injury sustained in 1950. The best corrected visual acuity in 
his right eye is 20/20 and in the left, light perception. Following an 
examination in 2005, his optometrist noted, ``Despite having no usable 
vision in his left eye, Mr. Burkholder has normal correctable vision in 
his right eye and in my opinion with glasses should be able to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Burkholder reported that he has driven straight trucks for 3 years, 
accumulating 450 miles, and buses for 13 years, accumulating 65,000 
miles. He holds a Class B CDL from Michigan. His driving record for the 
last 3 years shows no crashes or convictions for moving violations in a 
CMV.

Raymond L. Brush

    Mr. Brush, 52, has complete loss of vision in his right eye due to 
a traumatic injury sustained in 1978 that caused optic neuropathy. The 
best corrected visual acuity in his left eye is 20/25. 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. Brush reported that he has driven 
straight trucks for 7 years, accumulating 126,000 miles. He holds a 
Class D operator's license from Ohio. His driving record for the last 3 
years shows no crashes or convictions for moving violations in a CMV.

Scott F. Chalfant

    Mr. Chalfant, 38, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/200 and in the 
left, 20/20. Following an examination in 2005, his optometrist noted, 
``It is my opinion that Mr. Chalfant has adequate vision for operating 
a commercial vehicle given the findings of my examination.'' Mr. 
Chalfant reported that he has driven straight trucks for 15 years, 
accumulating 140,000 miles. He holds a Class A CDL from Delaware. His 
driving record for the last 3 years shows no crashes or convictions for 
moving violations in a CMV.

Leroy A. Chambers

    Mr. Chambers, 50, has a prosthetic left eye due to anophthalmia 
since 2002. The visual acuity in his right eye is 20/20. Following an 
examination in 2005, his ophthalmologist noted, ``He has very good 
experience as a commercial driver, and I believe he can safely continue 
in his job with his current visual status''. Mr. Chambers reported that 
he has driven tractor-trailer combinations for 26 years, accumulating 
1.6 million miles. He holds a Class A CDL from Ohio. 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.

Harvis P. Cosby

    Mr. Cosby, 55, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is 20/100 and in the left, 20/15. 
Following an examination in 2005, his ophthalmologist noted, ``It is my 
professional opinion that this patient should have sufficient vision 
and visual field to perform the tasks of operating a commercial 
vehicle.'' Mr. Cosby reported that he has driven straight trucks for 12 
years, accumulating 408,000 miles, tractor-trailer combinations for 20 
years, accumulating 1.3 million miles, and buses for 5 years, 
accumulating 120,000 miles. He holds a Class A CDL from Maryland. His 
driving record for the last 3 years shows no crashes or convictions for 
moving violations in a CMV.

Joseph H. Fowler

    Mr. Fowler, 70, has had amblyopia in his right eye since childhood. 
The best corrected visual acuity in his right eye is 20/400 and in the 
left, 20/25. Following an examination in 2005, his ophthalmologist 
noted, ``In my medical opinion, he has sufficient vision to perform 
driving tasks while operating a commercial vehicle.'' Mr. Fowler 
reported that he has driven straight trucks for 40 years, accumulating 
200,000 miles, and tractor-trailer combinations for 40 years, 
accumulating 2.8 million miles. 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.

Francisco Espinal

    Mr. Espinal, 42, has complete loss of vision in his right eye due 
to a traumatic injury sustained in 1984. The best corrected visual 
acuity in his left eye is 20/15. Following an examination in 2005, his 
optometrist noted, ``Mr. Espinal has excellent vision in his left eye. 
I feel that he has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Espinal reported that 
he has driven straight trucks for 14 years, accumulating 266,000 miles, 
and tractor-trailer combinations for 7 years, accumulating 21,000 
miles. He holds a Chauffeur's license from Indiana. His driving record 
for the last 3 years shows no crashes or convictions for moving 
violations in a CMV.

Brian G. Hagen

    Mr. Hagen, 34, has loss of vision in his left eye due to a 
traumatic injury he sustained in 1990. The best corrected visual acuity 
in his right eye is 20/20 and in the left, 20/400. Following an 
examination in 2006, his optometrist noted, ``In my medical opinion, 
Brian Hagen has sufficient vision to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Hagen reported that he has 
driven straight trucks for 4 years, accumulating 46,800 miles. He holds 
a Class C operator's license from Illinois. 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.

Edward J. Hess, Jr.

    Mr. Hess, 56, has retinal detachment in his left eye due to a 
traumatic injury sustained as a child. The best corrected visual acuity 
in his right eye is 20/20 and in the left, hand-movement-vision at four 
feet. Following an examination in 2005, his ophthalmologist noted, ``It 
is my medical opinion that Mr. Hess has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. Hess 
reported that he has driven straight trucks for 3 years, accumulating 
45,000 miles. He holds an operator's license from New Hampshire. His 
driving record for the last 3 years shows no crashes or convictions for 
moving violations in a CMV.

Ralph E. Holmes

    Mr. Holmes, 57, has had amblyopia in his right eye since childhood. 
The best corrected visual acuity in his right eye is 20/400 and in the 
left, 20/20. Following an examination in 2005, his optometrist noted, 
``Ralph Holmes has sufficient vision to drive a commercial vehicle.'' 
Mr. Holmes reported that he has driven straight trucks for 35 years, 
accumulating 595,000 miles. He holds a Class A CDL from Maryland. His 
driving record for the last 3 years shows no

[[Page 32185]]

crashes and one conviction for driving a CMV in violation of license 
restriction.

Timothy B. Hummel

    Mr. Hummel, 49, has complete loss of vision in his right eye due to 
a traumatic injury he sustained in 2000. The visual acuity in his left 
eye is 20/25. Following an examination in 2005, his ophthalmologist 
noted, ``I certify that in my medical opinion, he has sufficient vision 
to perform the driving task required to operate a commercial vehicle.'' 
Mr. Hummel reported that he has driven tractor-trailer combinations for 
8 years, accumulating 800,000 miles. He holds a Class A CDL from 
Kentucky. His driving record for the last 3 years shows one crash and 
no convictions for moving violations in a CMV.

Larry L. Jarvis

    Mr. Jarvis, 65, has complete loss of vision in his right eye due to 
a traumatic injury he sustained as a child. The best corrected visual 
acuity in his left eye is 20/25. Following an examination in 2006, his 
optometrist noted, ``Based on years of adaptation, Mr. Jarvis is 
visually qualified to continue in his profession as a commercial 
driver.'' Mr. Jarvis reported that he has driven straight trucks for 3 
years, accumulating 135,000 miles. He holds a Class A CDL from 
Virginia. His driving record for the last 3 years shows no crashes or 
convictions for moving violations in a CMV.

Charles E. Johnston

    Mr. Johnston, 46, has a macular scar in his right eye due to a 
toxoplasmosis infection sustained as a child. The best corrected visual 
acuity in his right eye is 20/200 and in the left, 20/20. Following an 
examination in 2006, his ophthalmologist noted, ``The vision loss in 
the right eye is long-standing and was present when the patient began 
to drive. Thus I feel he is capable of driving commercial vehicles as 
he had in the past.'' Mr. Johnston reported that he has driven straight 
trucks for 7\1/2\ years, accumulating 138,750 miles, and tractor-
trailer combinations for 7\1/2\ years, accumulating 11,250 miles. He 
holds a Class A CDL from Missouri. His driving record for the last 3 
years shows no crashes or convictions for moving violations in a CMV.

Volga Kirkwood

    Mr. Kirkwood, 46, had his left eye enucleated due to a traumatic 
injury he sustained as a child. The best corrected visual acuity in his 
right eye is 20/20. Following an examination in 2006, his optometrist 
noted, ``I have confidence that vision is not impaired in his right eye 
and his monocular field of vision is adequate to operate a commercial 
vehicle.'' Mr. Kirkwood reported that he has driven straight trucks for 
23 years, accumulating 1.3 million miles. He holds a Class B CDL from 
Missouri. His driving record for the last 3 years shows no crashes or 
convictions for moving violations in a CMV.

Richard M. Kriege

    Mr. Kriege, 69, has corneal scaring and retinal detachment in his 
right eye due to an injury he sustained in 1985. The best corrected 
visual acuity in his right eye is 20/70 and in the left, 20/15. 
Following an examination in 2005, his optometrist noted, ``In my 
medical opinion, and that of Dr. Mathews, he has sufficient binocular 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Kriege reported that he has driven tractor-trailer 
combinations for 40 years, accumulating 3.2 million miles. He holds a 
Class A CDL from Oregon. His driving record for the last 3 years shows 
no crashes or convictions for moving violations in a CMV.

David C. Leoffler

    Mr. Leoffler, 42, has had amblyopia in his left eye since 
childhood. The best corrected visual acuity in his right eye is 20/15 
and in the left, 20/400. Following an examination in 2006, his 
ophthalmologist noted, ``In my medical opinion, my patient, David 
Leoffler has sufficient vision to perform the driving task required to 
operate a commercial vehicle.'' Mr. Leoffler reported that he has 
driven straight trucks for 8 years, accumulating 160,000 miles, and 
tractor-trailer combinations for 8 years, accumulating 680,000 miles. 
He holds a Class A CDL from California. His driving record for the last 
3 years shows no crashes or convictions for moving violations in a CMV.

John C. Lewis

    Mr. Lewis, 36, has had amblyopia in his left eye since childhood. 
The best corrected visual acuity in his right eye is 20/25 and in the 
left, 20/200. Following an examination in 2005, his optometrist noted, 
``It is my opinion that Mr. John Lewis has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. Lewis 
reported that he has driven straight trucks for 6 years, accumulating 
495,000 miles and tractor-trailer combinations for 4\1/2\ years, 
accumulating 600,000 miles. He holds a Class D operator's license from 
South Carolina. His driving record for the last 3 years shows no 
crashes or convictions for moving violations in a CMV.

Patrick E. Martin

    Mr. Martin, 53, has had amblyopia in his right eye since birth. The 
best corrected visual acuity in his right eye is 20/200 and in the 
left, 20/20. Following an examination in 2006, his optometrist noted, 
``Mr. Martin has sufficient vision to perform the driving tasks of a 
commercial vehicle.'' Mr. Martin reported that he has driven straight 
trucks for 37 years, accumulating 1 million miles, and tractor-trailer 
combinations for 19 years, accumulating 1.6 million miles. He holds a 
Class A CDL from Washington. His driving record for the last 3 years 
shows no crashes or convictions for moving violations in a CMV.

Leland K. McAlhaney

    Mr. McAlhaney, 57, has had amblyopia in his right eye since 
childhood. The best corrected visual acuity in his right eye is 20/70 
and in the left, 20/30. His optometrist examined him in 2006 and noted, 
``It is my professional opinion that Mr. McAlhaney has the vision and 
visual performance to safely operate a commercial vehicle on public 
roads.'' Mr. McAlhaney reported that he has driven straight trucks for 
30 years, accumulating 600,000 miles, and tractor-trailer combinations 
for 20 years, accumulating 490,000 miles. He holds a Class A CDL from 
Indiana. His driving record for the last 3 years shows no crashes or 
convictions for moving violations in a CMV.

William C. Mohr

    Mr. Mohr, 51, has had amblyopia in his right eye due to an injury 
sustained as a child. The best corrected visual acuity in his right eye 
is light perception and in the left, 20/20. Following an examination in 
2006, his optometrist noted, ``In my opinion, Mr. Mohr has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Mohr reported that he has driven straight trucks for 25 
years, accumulating 794,200 miles, and buses for 1 year, accumulating 
25,000 miles. He holds a Class B CDL from Delaware. His driving record 
for the last 3 years shows no crashes or convictions for moving 
violations in a CMV.

Roger Moody

    Mr. Moody, 54, has a corneal scar in his right eye due to a 
traumatic injury sustained more than 20 years ago. The best corrected 
visual acuity in his right eye is 20/50 and in the left, 20/20. 
Following an examination in 2006, his ophthalmologist noted, ``This 
condition is stable, and in my opinion, he has sufficient visual acuity 
and peripheral

[[Page 32186]]

acuity to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Moody reported that he has driven straight trucks for 20 
years, accumulating 420,000 miles, tractor-trailer combinations for 7 
years, accumulating 112,000 miles, and buses for 14 years, accumulating 
2,800 miles. He holds a Class A CDL from Maryland. His driving record 
for the last 3 years shows no crashes or convictions for moving 
violations in a CMV.

Larry A. Nienhuis

    Mr. Nienhuis, 58, has had aphakia in his left eye since 1985. The 
best corrected visual acuity in his right eye is 20/20 and in the left, 
count-finger-vision at one foot. Following an examination in 2006, his 
ophthalmologist noted, ``In my medical opinion, Mr. Nienhuis does have 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Nienhuis reported that he has driven straight 
trucks for 19 years, accumulating 140,600 miles and tractor-trailer 
combinations for 11 years, accumulating 704,000 miles. He holds a Class 
A CDL from Michigan. 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.

Corey L. Paraf

    Mr. Paraf, 43, has had amblyopia in his right eye since childhood. 
The best corrected visual acuity in his right eye is 20/100 and in the 
left, 20/20. Following an examination in 2006, his ophthalmologist 
noted, ``In my expert medical opinion, he has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Paraf reported that he has driven straight trucks for 9 years, 
accumulating 72,000 miles. He holds a Class C operator's license from 
Illinois. His driving record for the last 3 years shows no crashes or 
convictions for moving violations in a CMV.

John J. Pribanic

    Mr. Pribanic, 48, has a prosthetic left eye due to a traumatic 
injury sustained as a child. The visual acuity in his right eye is 20/
20. Following an examination in 2005, his optometrist noted, ``Mr. 
Pribanic in my professional opinion has sufficient vision to safely 
operate a commercial vehicle.'' Mr. Pribanic reported that he has 
driven straight trucks for 1 year, accumulating 50,000 miles, and 
tractor-trailer combinations for 12 years, accumulating 900,000 miles. 
He holds a Class A CDL from Alabama. His driving record for the last 3 
years shows no crashes or convictions for moving violations in a CMV.

Ronald M. Price

    Mr. Price, 63, has had amblyopia in his right eye since childhood. 
The best corrected visual acuity in his right eye is 20/200 and in the 
left, 20/30. Following an examination in 2005, his ophthalmologist 
noted, ``In my opinion, he has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Price reported 
that he has driven straight trucks for 45 years, accumulating 405,000 
miles, and tractor-trailer combinations for 45 years, accumulating 
810,000 miles. He holds a Class A CDL from Maryland. His driving record 
for the last 3 years shows no crashes or convictions for moving 
violations in a CMV.

John P. Raftis

    Mr. Raftis, 53, has had amblyopia in his right eye since childhood. 
The best corrected visual acuity in his right eye is 20/60 and in the 
left, 20/20. Following an examination in 2005, his optometrist noted, 
``It is my opinion that Mr. Raftis has more than adequate vision to 
perform required driving tasks.'' Mr. Raftis reported that he has 
driven straight trucks for 14 years, accumulating 400,400 miles, and 
tractor-trailer combinations for 13 years, accumulating 832,000 miles. 
He holds a Class A CDL from Florida. His driving record for the last 3 
years shows no crashes or convictions for moving violations in a CMV.

Matthew B. Richardson

    Mr. Richardson, 37, has complete loss of vision in his 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 2006, his 
optometrist noted, ``It is therefore, my opinion that this patient has 
sufficient vision to operate a commercial motor vehicle.'' Mr. 
Richardson reported that he has driven straight trucks for 18 years, 
accumulating 180,000 miles, tractor-trailer combinations for 4 years, 
accumulating 340,000 miles, and buses for 2 years, accumulating 20,000 
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.

Bruce G. Robinson

    Mr. Robinson, 37, has had amblyopia in his right eye since 
childhood. The best corrected visual acuity in his right eye is 20/400 
and in the left, 20/20. Following an examination in 2005, his 
optometrist noted, ``I feel Mr. Robinson has sufficient vision to drive 
a commercial vehicle as he has been doing so for many years now.'' Mr. 
Robinson reported that he has driven straight trucks for 16 years, 
accumulating 104,320 miles, and tractor-trailer combinations for 13 
years, accumulating 260,000 miles. He holds a Class A CDL from 
Kentucky. His driving record for the last 3 years shows no crashes or 
convictions for moving violations in a CMV.

Alton M. Rutherford

    Mr. Rutherford, 50, has aphakia in his right eye due to a traumatic 
injury he sustained in 1988. The visual acuity in his right eye is 20/
100 and in the left, 20/20. Following an examination in 2006, his 
ophthalmologist noted, ``In my medical opinion as a board certified 
ophthalmologist, Mr. Rutherford has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. 
Rutherford reported that he has driven straight trucks for 10 years, 
accumulating 120,000 miles, and tractor-trailer combinations for 3 
years, accumulating 108,000 miles. He holds a Class A CDL from Florida. 
His driving record for the last 3 years shows no crashes or convictions 
for moving violations in a CMV.

Wayne N. Savoy

    Mr. Savoy, 53, has complete loss of vision in his right eye due to 
a traumatic injury he sustained as a child. The visual acuity in his 
left eye is 20/20. Following an examination in 2005, his 
ophthalmologist noted, ``His central and peripheral visions are 
certainly sufficient to perform the driving task required to operate a 
commercial vehicle.'' Mr. Savoy reported that he has driven straight 
trucks for 26 years, accumulating 936,000 miles. He holds a Class D 
operator's license from Oklahoma. His driving record for the last 3 
years shows no crashes or convictions for moving violations in a CMV.

Richard A. Schneider

    Mr. Schneider, 56, has had amblyopia in his left eye since 
childhood. The visual acuity in his right eye is 20/20 and in the left, 
20/100. Following an examination in 2006, his ophthalmologist noted, 
``Given his 20/20 vision, I do believe he has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Schneider reported that he has driven straight trucks for 23 years, 
accumulating 149,500 miles, tractor-trailer combinations for 5 years, 
accumulating 25,000 miles, and buses for 81/2 years, accumulating 
161,500

[[Page 32187]]

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.

Joseph B. Shaw, Jr.

    Mr. Shaw, 34, has had amblyopia in his right eye since childhood. 
The best corrected visual acuity in his right eye is 20/100 and in the 
left, 20/20. Following an examination in 2006, his optometrist noted, 
``In my opinion, Joseph Bernard Shaw, Jr. has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Shaw reported that he has driven tractor-trailer combinations for 3 
years, accumulating 600,000 miles. He holds a Class A CDL from 
Virginia. His driving record for the last 3 years shows no crashes or 
convictions for moving violations in a CMV.

David. W. Skillman

    Mr. Skillman, 45, has retinal scarring due to toxoplasmosis in his 
right eye sustained more than 20 years ago. The best corrected visual 
acuity in his right eye is 20/400 and in the left, 20/20. Following an 
examination in 2006, his optometrist noted, ``He has been driving 
commercially for many years, and he has sufficient vision to continue 
as a commercial driver.'' Mr. Skillman reported that he has driven 
tractor-trailer combinations for 20 years, accumulating 1.3 million 
miles. He holds a Class A CDL from Washington. His driving record for 
the last 3 years shows no crashes and one conviction for moving 
violations in a CMV, failure to keep in proper lane.

Thomas G. Smith

    Mr. Smith, 45, has a prosthetic right eye due to a retinal 
detachment in 1978. The best corrected visual acuity in his left eye is 
20/30. Following an examination in 2005, his optometrist noted, ``Has 
sufficient vision to perform the driving tasks required to operate 
commercial vehicle.'' Mr. Smith reported that he has driven straight 
trucks for 8 years, accumulating 180,000 miles, and tractor-trailer 
combinations for 11 years, accumulating 286,000 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.

Sandra J. Sperling

    Ms. Sperling, 61, has had amblyopia in her left eye since 
childhood. The best corrected visual acuity in her right eye is 20/25 
and in the left, 20/200. Following an examination in 2005, her 
ophthalmologist noted, ``It is my medical opinion that Ms. Sperling, 
60-years-old, has adapted well to her amblyopia and has sufficient 
vision to perform driving tasks that she has been performing for 
numerous years in a commercial vehicle.'' Ms. Sperling reported that 
she has driven buses for 35 years, accumulating 630,000 miles. She 
holds a Class B CDL from Washington. Her driving record for the last 3 
years shows one crash and no convictions for moving violations in a 
CMV.

Kenneth C. Steele

    Mr. Steele, 54, has had amblyopia in his left eye since birth. The 
best corrected visual acuity in his right eye is 20/20 and in the left, 
20/200. Following an examination in 2005, his optometrist noted, ``In 
my opinion, Mr. Steele has sufficient vision to perform driving tasks 
required to operate a commercial vehicle.'' Mr. Steele reported that he 
has driven straight trucks for 2 years, accumulating 100,000 miles, and 
tractor-trailer combinations for 10 years, accumulating 1 million 
miles. He holds a Class A CDL from Texas. His driving record for the 
last 3 years shows one crash and no convictions for moving violations 
in a CMV.

Ryan K. Steelman

    Mr. Steelman, 39, has had amblyopia in his right eye since birth. 
The best corrected visual acuity in his right eye is 20/80 and in the 
left, 20/20. Following an examination in 2006, his optometrist noted, 
``It is my opinion that Ryan's vision is sufficient to perform 
commercial driving tasks.'' Mr. Steelman reported that he has driven 
straight trucks for 15 years, accumulating 300,000 miles, and tractor-
trailer combinations for 12 years, accumulating 480,000 miles. He holds 
a Class A CDL from Oregon. His driving record for the last 3 years 
shows no crashes or convictions for moving violations in a CMV.

Paul D. Totty

    Mr. Totty, 37, has had a macular hole in his left eye due to 
vitreous traction since childhood. The best corrected visual acuity in 
his right eye is 20/20 and in the left, 20/200. Following an 
examination in 2006, his optometrist noted, ``Patient has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Totty reported that he has driven straight trucks for 10 
years, accumulating 120,000 miles. He holds a Class D operator's 
license from Arkansas. His driving record for the last 3 years shows no 
crashes or convictions for moving violations in a CMV.

Charles V. Tracey

    Mr. Tracey, 63, has had amblyopia in his left eye since childhood. 
The best corrected visual acuity in his right eye is 20/20 and in the 
left, 20/100. Following an examination in 2005, his optometrist noted, 
``In my opinion, Mr. Tracey has sufficient vision to perform driving 
tasks required to operate a commercial vehicle.'' Mr. Tracey reported 
that he has driven straight trucks for 45 years, accumulating 786,915 
miles. He holds a Class B CDL from Maryland. His driving record for the 
last 3 years shows no crashes or convictions for moving violations in a 
CMV.

Duane L. Tysseling

    Mr. Tysseling, 56, has had keratoconus in his right eye since 1985. 
The best corrected visual acuity in his right eye is 20/50 and in the 
left, 20/20. Following an examination in 2005, his optometrist noted, 
``It is my opinion that Duane does have sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Tysseling reported that he has driven straight trucks for 11/2 years, 
accumulating 45,000 miles, and tractor-trailer combinations for 21 
years, accumulating 525,000 miles. He holds a Class A CDL from Iowa. 
His driving record for the last 3 years shows no crashes or convictions 
for moving violations in a CMV.

Richard A. Westfall

    Mr. Westfall, 48, has coloboma of the right eye since birth. The 
best corrected visual acuity in his right eye is count-finger-vision at 
one foot and in the left, 20/20. Following an examination in 2005, his 
optometrist noted, ``In my opinion, judging from his examination and 
these tests, along with his longstanding excellent driving record, he 
has sufficient vision to operate a commercial vehicle.'' Mr. Westfall 
reported that he has driven straight trucks for 6 years, accumulating 
420,000 miles and tractor-trailer combinations for 20 years, 
accumulating 2 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.

Leonard R. Wilson

    Mr. Wilson, 59, has had amblyopia in his left eye since childhood. 
The best corrected visual acuity in his right eye is 20/20 and in the 
left, 20/200. Following an examination in 2005, his optometrist noted, 
``In my opinion, Mr.

[[Page 32188]]

Wilson has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Wilson reported that he has driven 
straight trucks for 35 years, accumulating 175,000 miles. He holds a 
Class B CDL from New Hampshire. 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. 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 July 3, 2006. 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: May 26, 2006.
Pamela M. Pelcovits,
Acting Associate Administrator, Policy and Program Development.
 [FR Doc. E6-8588 Filed 6-1-06; 8:45 am]
BILLING CODE 4910-EX-P