Qualification of Drivers; Exemption Applications; Vision, 2701-2704 [05-850]
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Federal Register / Vol. 70, No. 10 / Friday, January 14, 2005 / Notices
agencies, and to private organizations
nad citizens who have previously
expressed interest in this proposal. In
addition to scoping discussion with
these interested parties, the general
public will have the opportunity to
make scoping comments both in writing
and in person at a Public Information/
Scoping Meeting that will be held at
Brockport Central Fred Hill Elementary
School, 40 Allen Street, Brockport, on
Tuesday, March 8, 2005. After the DEIS
is prepared, it will be available for
public and agency review and comment.
This will be followed by a public
hearing. Public notice will be given of
the time and place of the hearings.
To ensure that the full range of issues
related to this proposed action are
addressed and all significant issues
identified, comments and suggestions
are invited from all interested parties.
Comments or questions concerning this
proposed action and the EIS should be
directed to the NYSDOT or FHWA at
the addresses provided above.
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Research,
Planning and Construction. The regulations
implementing Executive Order 12372
regarding intergovernmental consultation on
Federal programs and activities apply to this
program.)
Authority: 23 U.S.C. 315; CFR 771.123
Issued on: January 3, 2005.
Willet R. Schroft,
District Operations Engineer, Federal
Highway Administration, New York Division,
Albany, New York.
[FR Doc. 05–768 Filed 1–13–05; 8:45 am]
BILLING CODE 4910–22–M
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
will prepare an Environmental Impact
Statement (EIS) on a proposal to
improve North Carolina Route 215 (NC
215) in Transylvania County, North
Carolina. An Environmental Assessment
(EA) for the improvements was
approved on July 12, 1998. Based on
comments received from the November
19, 1998, Informal Public Hearing on the
project and the subsequent input from
various federal and state agencies, the
FHWA and NCDOT has agreed to
prepare an EIS for the NC 215
improvements.
Alternatives under consideration
include (1) the ‘‘no build’’, (2) improve
existing facilities, and (3) constructing a
two-lane highway on new location.
Over the last few years, several
meetings have been held with
appropriate federal, state, and local
agencies, and with private organizations
and citizens who have previously
expressed or are known to have interest
in this proposal. The Draft EIS will be
available for public and agency review
and comment prior to the public
hearing. No formal scoping meeting will
be held.
To ensure that the full range of issues
related to this proposed action are
addressed and all significant issues
identified, comments and suggestions
are invited from all interested parties.
Comments or questions concerning this
proposed action and the EIS should be
directed to the FHWA at the address
provided above.
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Planning
and Construction. The regulations
implementing Executive Order 12372
regarding intergovernmental consultation on
Federal programs and activities apply to this
program.)
Environmental Impact Statement:
Transylvania County, NC
Clarence W. Coleman,
Area Engineer, Raleigh, North Carolina.
[FR Doc. 05–767 Filed 1–13–05; 8:45 am]
Federal Highway
Administration (FHWA), DOT.
ACTION: Notice of intent.
DEPARTMENT OF TRANSPORTATION
BILLING CODE 4910–22–M
AGENCY:
SUMMARY: The FHWA is issuing this
notice to advise the public that an
environmental impact statement will be
prepared for a proposed highway project
in Transylvania County, North Carolina.
FOR FURTHER INFORMATION CONTACT:
Clarence W. Coleman, P.E., Area
Engineer, Federal Highway
Administration, 310 New Bern Avenue,
Ste. 410, Raleigh, North Carolina,
27601–1418, Telephone: (919) 856–
4346.
SUPPLEMENTARY INFORMATION: The
FHWA, in cooperation with the North
Carolina Department of Transportation,
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Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2005–20027]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of applications for
exemption from the vision standard;
request for comments.
AGENCY:
SUMMARY: This notice publishes the
FMCSA’s receipt of applications from
29 individuals for an exemption from
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the vision requirement in the Federal
Motor Carrier Safety Regulations. If
granted, the exemptions will 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 February 14, 2005.
ADDRESSES: You may submit comments
identified by any of the following
methods. Please identify your comments
by the DOT DMS Docket Number
FMCSA–2005–20027.
• Web Site: https://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.
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
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 https://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 https://
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:
Maggi 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:
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Federal Register / Vol. 70, No. 10 / Friday, January 14, 2005 / Notices
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 selfaddressed, 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 https://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 29 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
1. Eddie Alejandro
Mr. Alejandro, age 26, has had vision
loss in his right eye since childhood due
to a coloboma of the iris. His bestcorrected visual acuity in the right eye
is finger counting and in the left, 20/20.
Following an examination in 2004, his
optometrist certified, ‘‘Mr. Alejandro
has been a commercial driver in the past
with the same visual deficiency that he
has now and had no problems. He is
very aware of his ‘handicap’ and knows
that side view mirrors are a must for
him and that he needs to be extra
cautious because of the field loss to the
right eye. I feel that Mr. Alejandro is
capable of operating a commercial
vehicle if the above mentioned cautions
are taken.’’ Mr. Alejandro submitted that
he has driven straight trucks for 3 years,
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accumulating 299,000 miles. He holds a
Class B commercial driver’s license
(CDL) from Illinois. His driving record
for the last 3 years shows no crashes or
convictions for moving violations in a
CMV.
2. Eldred S. Boggs
Mr. Boggs, 52, has optic nerve atrophy
in his right eye due to injury in 1976.
His best-corrected visual acuity in the
right eye is count fingers and in the left,
20/20. Following an examination in
2004, his ophthalmologist certified, ‘‘It
is my medical opinion that Mr. Boggs
has sufficient vision to perform the
driving tasks required to operate a
commercial vehicle.’’ Mr. Boggs
reported that he has driven straight
trucks for 4 years, accumulating 80,000
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.
3. David F. Breuer
Mr. Breuer, 54, has a history of central
serous retinopathy in his right eye since
1989. His best-corrected visual acuity in
the right eye is 20/100 and in the left,
20/20. Following an examination in
2004, his ophthalmologist noted, ‘‘I
would unequivocally state that Mr.
Breuer is safe to drive a commercial
vehicle.’’ Mr. Breuer reported that he
has driven straight trucks for 1 year,
accumulating 25,000 miles, and tractortrailer combinations for 30 years,
accumulating 2.5 million miles. He
holds a Class ABCDM CDL from
Wisconsin. His driving record for the
last 3 years shows no crashes or
convictions for moving violations in a
CMV.
4. James T. Butler
Mr. Butler, 50, has had glaucomatous
damage in his left eye since 2001. The
visual acuity in his right eye is 20/20
and in the left, counting fingers.
Following an examination in 2004, his
ophthalmologist noted, ‘‘Since patient
has visual acuity of 20/20 and no known
disease in the right eye, in my opinion
this patient should qualify to perform
commercial vehicle driving tasks.’’ Mr.
Butler reported that he has driven
tractor-trailer combinations for 7 years,
accumulating 700,000 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.
5. Roger K. Cox
Mr. Cox, 41, has a retinal scar in his
right eye due to an injury 30 years ago.
His best-corrected visual acuity in the
right eye is 20/200 and in the left, 20/
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20. Following an examination in 2004,
his ophthalmologist certified, ‘‘In my
opinion Mr. Roger K. Cox has sufficient
vision to perform the driving tasks
required to operate a commercial
vehicle.’’ Mr. Cox submitted that he has
driven straight trucks for 20 years,
accumulating 200,000 miles. He holds a
Class B CDL from New Jersey. His
driving record for the last 3 years shows
no crashes or convictions for moving
violations in a CMV.
6. Richard S. Cummings
Mr. Cummings, 47, lost the vision in
his left eye due to an accident at age 8.
The visual acuity in his right eye is 20/
20, and in the left, light perception. His
optometrist examined him in 2004 and
stated, ‘‘I feel that since this condition
is long-standing and stable, Mr.
Cummings should be able to perform
the visual tasks needed to operate a
commercial vehicle.’’ Mr. Cummings
submitted that he has driven straight
trucks for 30 years, accumulating
825,000 miles, and tractor-trailer
combinations for 28 years, accumulating
2.8 million miles. He holds a Class A
CDL from Minnesota. His driving record
for the last 3 years shows no crashes or
convictions for moving violations in a
CMV.
7. Joseph A. Dean
Mr. Dean, 28, lost his left eye at the
age of 8 due to trauma. His visual acuity
in the right eye is 20/20. Following an
examination in 2004, his optometrist
certified, ‘‘In my opinion, the vision in
his healthy right eye is sufficient to
perform the driving tasks necessary to
operate a commercial vehicle in a safe
manner.’’ Mr. Dean submitted that he
has driven straight trucks and tractortrailer combinations for 2 years each,
accumulating 60,000 miles in the former
and 30,000 miles in the latter. 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.
8. Donald P. Dodson, Jr.
Mr. Dodson, 46, has amblyopia in his
right eye. His visual acuity in the right
eye is 20/80 and in the left, 20/20.
Following an examination in 2004, his
ophthalmologist certified, ‘‘His vision is
sufficient to perform the driving tasks
required to operate a commercial
vehicle.’’ Mr. Dodson submitted that he
has driven straight trucks for 17 years,
accumulating 37,000 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.
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9. William H. Goss
Mr. Goss, 30, has had a retinal scar in
his right eye since birth. His visual
acuity in the right eye is 20/400 and in
the left, 20/20. Following an
examination in 2004, his optometrist
noted, ‘‘This certifies that in my opinion
the above named patient has sufficient
vision to perform the driving tasks
required to operate a commercial
vehicle.’’ Mr. Goss submitted that he has
driven straight trucks for 7 years,
accumulating 182,000 miles. He holds a
Class A CDL from Georgia. His driving
record for the last 3 years shows no
crashes or convictions for moving
violations in a CMV.
10. Eric W. Gray
Mr. Gray, 46, has a macular scar in his
right eye due to injury 34 years ago. The
visual acuity in his right eye is count
fingers and in the left, 20/15. His
ophthalmologist examined him in 2004
and stated, ‘‘It is my medical opinion
that Mr. Gray has sufficient vision to
perform the driving tasks required to
operate a commercial vehicle.’’ Mr. Gray
reported that he has driven straight
trucks for 10 years, accumulating
150,000 miles, and buses for 1 year,
accumulating 20,000 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.
11. James K. Holmes
Mr. Holmes, 50, experienced a retinal
detachment in his right eye in 1997. His
best-corrected visual acuity in the right
eye is 20/70 and in the left, 20/20.
Following an examination in 2004, his
optometrist certified, ‘‘I believe that he
has sufficient vision to drive a
commercial vehicle.’’ Mr. Holmes
reported that he has driven straight
trucks for 7 years, accumulating 140,000
miles, and tractor-trailer combinations
for 25 years, accumulating 3.0 million
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.
12. Daniel L. Jacobs
Mr. Jacobs, 47, has amblyopia in his
left eye. The best-corrected visual acuity
in his right eye is 20/20 and in the left,
20/70. His optometrist examined him in
2004 and certified, ‘‘In my professional
opinion, I feel that Daniel Jacobs has
sufficient vision to perform the tasks
required to operate a commercial
vehicle.’’ Mr. Jacobs reported that he has
driven tractor-trailer combinations for
26 years, accumulating 2.6 million
miles. He holds a Class A CDL from
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Arizona. His driving record for the last
3 years shows no crashes or convictions
for moving violations in a CMV.
13. Jose M. Limon-Alvarado
Mr. Limon-Alvarado, 35, has
amblyopia in his right eye. His bestcorrected visual acuity in the right eye
is 20/400 and in the left, 20/20.
Following an examination in 2004, his
optometrist certified, ‘‘It is my opinion
that Jose has sufficient vision to perform
the driving tasks required to operate a
commercial vehicle.’’ Mr. LimonAlvarado reported that he has driven
straight trucks for 10 years,
accumulating 102,000 miles, and
tractor-trailer combinations for 5 years,
accumulating 153,000 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.
14. Robert S. Loveless, Jr.
Mr. Loveless, 36, has decreased vision
in his left eye due to trauma 20 years
ago. The visual acuity in his right eye
is 20/20 and in the left, 20/200. His
optometrist examined him in 2004 and
certified, ‘‘It is my opinion that he has
adequate vision to operate a commercial
vehicle.’’ Mr. Loveless reported that he
has driven straight trucks for 17 years,
accumulating 216,000 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.
15. Eugene R. Lydick
Mr. Lydick, 39, experienced a retinal
detachment in his right eye in 1982. His
best-corrected visual acuity in the right
eye is finger counting and in the left, 20/
25. Following an examination in 2004,
his ophthalmologist certified, ‘‘In my
professional opinion, this patient has
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Lydick reported that he
has driven tractor-trailer combinations
for 4 years, accumulating 400,000 miles.
He holds a Class AM CDL from Virginia.
His driving record for the last 3 years
shows no crashes or convictions for
moving violations in a CMV.
16. John W. Montgomery
Mr. Montgomery, 51, has a macular
scar in his right eye due to injury 27
years ago. His visual acuity in the right
eye is 20/200, and in the left, 20/25.
Following an examination in 2004, his
ophthalmologist certified, ‘‘In my
professional opinion, the patient has
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Montgomery reported that
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he has driven straight trucks for 9 years,
accumulating 270,000 miles, and
tractor-trailer combinations for 22 years,
accumulating 1.1 million miles. He
holds a Class AM CDL from
Massachusetts. His driving record for
the last 3 years shows no crashes or
convictions for moving violations in a
CMV.
17. Danny R. Pickelsimer
Mr. Pickelsimer, 26, has amblyopia in
his right eye. The best-corrected visual
acuity in his right eye is light perception
and in the left, 20/20. His optometrist
examined him in 2004 and stated, ‘‘In
my medical opinion, Mr. Pickelsimer
has sufficient vision to perform the
driving tasks required to operate a
commercial motor vehicle.’’ Mr.
Pickelsimer submitted that he has
driven straight trucks for 7 years,
accumulating 70,000 miles. He holds a
Class D driver’s license from Oklahoma.
His driving record for the last 3 years
shows no crashes or convictions for
moving violations in a CMV.
18. Zeljko Popovac
Mr. Popovac, 47, had a macular vision
loss in his left eye in 1971 due to an
injury. The visual acuity in his right eye
is 20/20 and in the left, 20/100.
Following an examination in 2004, his
optometrist stated, ‘‘In my medical
opinion, he has sufficient vision to
perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
Popovac reported that he has driven
straight trucks for 3 years, accumulating
112,000 miles. He holds a Class A CDL
from Vermont. His driving record for the
last 3 years shows no crashes or
convictions for moving violations in a
CMV.
19. Juan Manuel M. Rosas
Mr. Rosas, 32, had congenital
cataracts removed from his right eye at
age 3. The best-corrected visual acuity
in his right eye is hand motion and in
the left, 20/20. His optometrist
examined him in 2004 and stated, ‘‘This
is to certify that Juan’s condition is
stable and that he has sufficient vision
to operate a commercial vehicle.’’ Mr.
Rosas submitted that he has driven
straight trucks and tractor-trailer
combinations for 8 years, accumulating
280,000 miles in the former and 400,000
miles in the latter. 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.
20. Francis L. Savell
Mr. Savell, 56, lost the vision in his
left eye due to trauma in 1979. His best-
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corrected visual acuity in the right eye
is 20/20. Following an examination in
2004, his ophthalmologist noted, ‘‘In my
opinion, Mr. Savell has sufficient vision
to perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
Savell reported that he has driven
straight trucks for 20 years,
accumulating 140,000 miles, and
tractor-trailer combinations for 1 year,
accumulating 25,000 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.
21. Richie J. Schwendy
Mr. Schwendy, 50, lost the central
vision in his left eye due to an injury in
1970. The best-corrected visual acuity in
his right eye is 20/20. His optometrist
examined him in 2004 and noted, ‘‘In
my opinion, Mr. Schwendy has
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Schwendy reported that
he has driven straight trucks for 12
years, accumulating 480,000 miles, and
tractor-trailer combinations for 11 years,
accumulating 550,000 miles. He holds a
Class AM CDL from Illinois. His driving
record for the last 3 years shows no
crashes or convictions for moving
violations in a CMV.
22. David M. Stout
Mr. Stout, 50, lost his right eye due to
an accident at age 10. The best-corrected
visual acuity in his left eye is 20/20. His
optometrist examined him in 2004 and
stated, ‘‘In my medical opinion, David
Stout has sufficient vision to perform
the driving tasks required to operate a
commercial vehicle.’’ Mr. Stout reported
that he has driven straight trucks for 10
years, accumulating 1.0 million miles,
and tractor trailer combinations for 18
years, accumulating 1.8 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.
23. Artis Suitt
Mr. Suitt, 51, has reduced vision in
his left eye due to an injury at age 10.
The visual acuity in his right eye is 20/
15 and in the left, 20/400. His
ophthalmologist examined him in 2004
and stated, ‘‘In my opinion, he has
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle as he has done this for 20 years,
and his vision has basically been
unchanged during that time.’’ Mr. Suitt
submitted that he has driven straight
trucks for 3 years, accumulating 150,000
miles, and tractor-trailer combinations
for 20 years, accumulating 2.1 million
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miles. He holds a Class A CDL from
North Carolina. 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.
24. Gregory E. Thompson
Mr. Thompson, 41, has amblyopia in
his right eye. The best-corrected visual
acuity in his right eye is 20/50 and in
the left, 20/20. His optometrist
examined him in 2004 and certified, ‘‘In
my medical opinion, this patient has
sufficient visual acuity to perform the
driving tasks required to operate a
commercial vehicle.’’ Mr. Thompson
submitted that he has driven tractortrailer combinations for 11 years,
accumulating 1.1 million miles. He
holds a Class A CDL from Florida. His
driving record for the last 3 years shows
no crashes and one conviction for a
moving violation—‘‘failure to obey
traffic sign’’—in a CMV.
25. Kerry W. VanStory
Mr. VanStory, 53, has amblyopia in
his left eye. The best-corrected visual
acuity in his right eye is 20/20 and in
the left, 20/400. His optometrist
examined him in 2004 and certified,
‘‘Based upon his current findings, and
his past examinations, it is my medical
opinion that Mr. VanStory is completely
capable to safely operate a commercial
vehicle based upon his current visual
status.’’ Mr. VanStory reported that he
has driven tractor-trailer combinations
for 20 years, accumulating 900,000
miles. He holds a Class AMX CDL from
Texas. His driving record for the last 3
years shows no crashes or convictions
for moving violations in a CMV.
26. Harry S. Warren
Mr. Warren, 34, has amblyopia in his
right eye. The best-corrected visual
acuity in his right eye is 20/150 and in
the left, 20/20. Following an
examination in 2004, his optometrist
certified, ‘‘In my medical opinion, Mr.
Warren’s vision is more than adequate
for operating a commercial vehicle.’’ Mr.
Warren reported that he has driven
straight trucks for 7 years, accumulating
700,000 miles, and tractor-trailer
combinations for 11 years, accumulating
1.0 million 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.
27. Carl L. Wells
Mr. Wells, 61, had his right eye
surgically removed in 1987 due to
choroidal melanoma. His best-corrected
visual acuity in the left eye is 20/20.
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Following an examination in 2004, his
optometrist certified, ‘‘I certify that Mr.
Wells has sufficient vision to perform
the driving tasks required to operate a
commercial vehicle.’’ Mr. Wells
reported that he has driven tractortrailer combinations for 19 years,
accumulating 2.4 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.
28. Prince E. Williams
Mr. Williams, 66, has a macular scar
in his left eye due to an infection 30
years ago. His visual acuity in the right
eye is 20/20 and in the left, 20/400.
Following an examination in 2004, his
ophthalmologist certified, ‘‘It is in my
opinion that Mr. Williams has sufficient
vision to perform the driving tasks
required to operate a commercial
vehicle.’’ Mr. Williams reported that he
has driven straight trucks for 20 years,
accumulating 1.9 million miles. He
holds a Class B CDL from Georgia. His
driving record for the last 3 years shows
no crashes or convictions for moving
violations in a CMV.
29. Keith L. Wraight
Mr. Wraight, 57, has amblyopia in his
left eye. The visual acuity in his right
eye is 20/15 and in the left, 20/400. His
optometrist examined him in 2004 and
stated, ‘‘Patient has sufficient vision to
perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
Wraight submitted that he has driven
straight trucks for 25 years,
accumulating 625,000 miles, and
tractor-trailer combinations for 18 years,
accumulating 720,000 miles. He holds a
Class AM CDL from New York. 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: January 10, 2005.
Rose A. McMurray,
Associate Administrator, Policy and Program
Development.
[FR Doc. 05–850 Filed 1–13–05; 8:45 am]
BILLING CODE 4910–EX–P
E:\FR\FM\14JAN1.SGM
14JAN1
]]>Agencies
[Federal Register Volume 70, Number 10 (Friday, January 14, 2005)]
[Notices]
[Pages 2701-2704]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-850]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2005-20027]
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 the FMCSA's receipt of applications from
29 individuals for an exemption from the vision requirement in the
Federal Motor Carrier Safety Regulations. If granted, the exemptions
will 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 February 14, 2005.
ADDRESSES: You may submit comments identified by any of the following
methods. Please identify your comments by the DOT DMS Docket Number
FMCSA-2005-20027.
Web Site: https://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.
Federal eRulemaking Portal: Go to https://
www.regulations.gov. Follow the on-line instructions for submitting
comments.
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 https://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 https://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: Maggi 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:
[[Page 2702]]
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 https://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 29 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
1. Eddie Alejandro
Mr. Alejandro, age 26, has had vision loss in his right eye since
childhood due to a coloboma of the iris. His best-corrected visual
acuity in the right eye is finger counting and in the left, 20/20.
Following an examination in 2004, his optometrist certified, ``Mr.
Alejandro has been a commercial driver in the past with the same visual
deficiency that he has now and had no problems. He is very aware of his
`handicap' and knows that side view mirrors are a must for him and that
he needs to be extra cautious because of the field loss to the right
eye. I feel that Mr. Alejandro is capable of operating a commercial
vehicle if the above mentioned cautions are taken.'' Mr. Alejandro
submitted that he has driven straight trucks for 3 years, accumulating
299,000 miles. He holds a Class B commercial driver's license (CDL)
from Illinois. His driving record for the last 3 years shows no crashes
or convictions for moving violations in a CMV.
2. Eldred S. Boggs
Mr. Boggs, 52, has optic nerve atrophy in his right eye due to
injury in 1976. His best-corrected visual acuity in the right eye is
count fingers and in the left, 20/20. Following an examination in 2004,
his ophthalmologist certified, ``It is my medical opinion that Mr.
Boggs has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Boggs reported that he has driven
straight trucks for 4 years, accumulating 80,000 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.
3. David F. Breuer
Mr. Breuer, 54, has a history of central serous retinopathy in his
right eye since 1989. His best-corrected visual acuity in the right eye
is 20/100 and in the left, 20/20. Following an examination in 2004, his
ophthalmologist noted, ``I would unequivocally state that Mr. Breuer is
safe to drive a commercial vehicle.'' Mr. Breuer reported that he has
driven straight trucks for 1 year, accumulating 25,000 miles, and
tractor-trailer combinations for 30 years, accumulating 2.5 million
miles. He holds a Class ABCDM CDL from Wisconsin. His driving record
for the last 3 years shows no crashes or convictions for moving
violations in a CMV.
4. James T. Butler
Mr. Butler, 50, has had glaucomatous damage in his left eye since
2001. The visual acuity in his right eye is 20/20 and in the left,
counting fingers. Following an examination in 2004, his ophthalmologist
noted, ``Since patient has visual acuity of 20/20 and no known disease
in the right eye, in my opinion this patient should qualify to perform
commercial vehicle driving tasks.'' Mr. Butler reported that he has
driven tractor-trailer combinations for 7 years, accumulating 700,000
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.
5. Roger K. Cox
Mr. Cox, 41, has a retinal scar in his right eye due to an injury
30 years ago. His best-corrected visual acuity in the right eye is 20/
200 and in the left, 20/20. Following an examination in 2004, his
ophthalmologist certified, ``In my opinion Mr. Roger K. Cox has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Cox submitted that he has driven straight
trucks for 20 years, accumulating 200,000 miles. He holds a Class B CDL
from New Jersey. His driving record for the last 3 years shows no
crashes or convictions for moving violations in a CMV.
6. Richard S. Cummings
Mr. Cummings, 47, lost the vision in his left eye due to an
accident at age 8. The visual acuity in his right eye is 20/20, and in
the left, light perception. His optometrist examined him in 2004 and
stated, ``I feel that since this condition is long-standing and stable,
Mr. Cummings should be able to perform the visual tasks needed to
operate a commercial vehicle.'' Mr. Cummings submitted that he has
driven straight trucks for 30 years, accumulating 825,000 miles, and
tractor-trailer combinations for 28 years, accumulating 2.8 million
miles. He holds a Class A CDL from Minnesota. His driving record for
the last 3 years shows no crashes or convictions for moving violations
in a CMV.
7. Joseph A. Dean
Mr. Dean, 28, lost his left eye at the age of 8 due to trauma. His
visual acuity in the right eye is 20/20. Following an examination in
2004, his optometrist certified, ``In my opinion, the vision in his
healthy right eye is sufficient to perform the driving tasks necessary
to operate a commercial vehicle in a safe manner.'' Mr. Dean submitted
that he has driven straight trucks and tractor-trailer combinations for
2 years each, accumulating 60,000 miles in the former and 30,000 miles
in the latter. 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.
8. Donald P. Dodson, Jr.
Mr. Dodson, 46, has amblyopia in his right eye. His visual acuity
in the right eye is 20/80 and in the left, 20/20. Following an
examination in 2004, his ophthalmologist certified, ``His vision is
sufficient to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Dodson submitted that he has driven straight
trucks for 17 years, accumulating 37,000 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.
[[Page 2703]]
9. William H. Goss
Mr. Goss, 30, has had a retinal scar in his right eye since birth.
His visual acuity in the right eye is 20/400 and in the left, 20/20.
Following an examination in 2004, his optometrist noted, ``This
certifies that in my opinion the above named patient has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Goss submitted that he has driven straight trucks for 7
years, accumulating 182,000 miles. He holds a Class A CDL from Georgia.
His driving record for the last 3 years shows no crashes or convictions
for moving violations in a CMV.
10. Eric W. Gray
Mr. Gray, 46, has a macular scar in his right eye due to injury 34
years ago. The visual acuity in his right eye is count fingers and in
the left, 20/15. His ophthalmologist examined him in 2004 and stated,
``It is my medical opinion that Mr. Gray has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Gray reported that he has driven straight trucks for 10 years,
accumulating 150,000 miles, and buses for 1 year, accumulating 20,000
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.
11. James K. Holmes
Mr. Holmes, 50, experienced a retinal detachment in his right eye
in 1997. His best-corrected visual acuity in the right eye is 20/70 and
in the left, 20/20. Following an examination in 2004, his optometrist
certified, ``I believe that he has sufficient vision to drive a
commercial vehicle.'' Mr. Holmes reported that he has driven straight
trucks for 7 years, accumulating 140,000 miles, and tractor-trailer
combinations for 25 years, accumulating 3.0 million 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.
12. Daniel L. Jacobs
Mr. Jacobs, 47, has amblyopia in his left eye. The best-corrected
visual acuity in his right eye is 20/20 and in the left, 20/70. His
optometrist examined him in 2004 and certified, ``In my professional
opinion, I feel that Daniel Jacobs has sufficient vision to perform the
tasks required to operate a commercial vehicle.'' Mr. Jacobs reported
that he has driven tractor-trailer combinations for 26 years,
accumulating 2.6 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.
13. Jose M. Limon-Alvarado
Mr. Limon-Alvarado, 35, has amblyopia in his right eye. His best-
corrected visual acuity in the right eye is 20/400 and in the left, 20/
20. Following an examination in 2004, his optometrist certified, ``It
is my opinion that Jose has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Limon-Alvarado
reported that he has driven straight trucks for 10 years, accumulating
102,000 miles, and tractor-trailer combinations for 5 years,
accumulating 153,000 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.
14. Robert S. Loveless, Jr.
Mr. Loveless, 36, has decreased vision in his left eye due to
trauma 20 years ago. The visual acuity in his right eye is 20/20 and in
the left, 20/200. His optometrist examined him in 2004 and certified,
``It is my opinion that he has adequate vision to operate a commercial
vehicle.'' Mr. Loveless reported that he has driven straight trucks for
17 years, accumulating 216,000 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.
15. Eugene R. Lydick
Mr. Lydick, 39, experienced a retinal detachment in his right eye
in 1982. His best-corrected visual acuity in the right eye is finger
counting and in the left, 20/25. Following an examination in 2004, his
ophthalmologist certified, ``In my professional opinion, this patient
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Lydick reported that he has driven tractor-
trailer combinations for 4 years, accumulating 400,000 miles. He holds
a Class AM CDL from Virginia. His driving record for the last 3 years
shows no crashes or convictions for moving violations in a CMV.
16. John W. Montgomery
Mr. Montgomery, 51, has a macular scar in his right eye due to
injury 27 years ago. His visual acuity in the right eye is 20/200, and
in the left, 20/25. Following an examination in 2004, his
ophthalmologist certified, ``In my professional opinion, the patient
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Montgomery reported that he has driven
straight trucks for 9 years, accumulating 270,000 miles, and tractor-
trailer combinations for 22 years, accumulating 1.1 million miles. He
holds a Class AM CDL from Massachusetts. His driving record for the
last 3 years shows no crashes or convictions for moving violations in a
CMV.
17. Danny R. Pickelsimer
Mr. Pickelsimer, 26, has amblyopia in his right eye. The best-
corrected visual acuity in his right eye is light perception and in the
left, 20/20. His optometrist examined him in 2004 and stated, ``In my
medical opinion, Mr. Pickelsimer has sufficient vision to perform the
driving tasks required to operate a commercial motor vehicle.'' Mr.
Pickelsimer submitted that he has driven straight trucks for 7 years,
accumulating 70,000 miles. He holds a Class D driver's license from
Oklahoma. His driving record for the last 3 years shows no crashes or
convictions for moving violations in a CMV.
18. Zeljko Popovac
Mr. Popovac, 47, had a macular vision loss in his left eye in 1971
due to an injury. The visual acuity in his right eye is 20/20 and in
the left, 20/100. Following an examination in 2004, his optometrist
stated, ``In my medical opinion, he has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr.
Popovac reported that he has driven straight trucks for 3 years,
accumulating 112,000 miles. He holds a Class A CDL from Vermont. His
driving record for the last 3 years shows no crashes or convictions for
moving violations in a CMV.
19. Juan Manuel M. Rosas
Mr. Rosas, 32, had congenital cataracts removed from his right eye
at age 3. The best-corrected visual acuity in his right eye is hand
motion and in the left, 20/20. His optometrist examined him in 2004 and
stated, ``This is to certify that Juan's condition is stable and that
he has sufficient vision to operate a commercial vehicle.'' Mr. Rosas
submitted that he has driven straight trucks and tractor-trailer
combinations for 8 years, accumulating 280,000 miles in the former and
400,000 miles in the latter. 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.
20. Francis L. Savell
Mr. Savell, 56, lost the vision in his left eye due to trauma in
1979. His best-
[[Page 2704]]
corrected visual acuity in the right eye is 20/20. Following an
examination in 2004, his ophthalmologist noted, ``In my opinion, Mr.
Savell has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Savell reported that he has driven
straight trucks for 20 years, accumulating 140,000 miles, and tractor-
trailer combinations for 1 year, accumulating 25,000 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.
21. Richie J. Schwendy
Mr. Schwendy, 50, lost the central vision in his left eye due to an
injury in 1970. The best-corrected visual acuity in his right eye is
20/20. His optometrist examined him in 2004 and noted, ``In my opinion,
Mr. Schwendy has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Schwendy reported that
he has driven straight trucks for 12 years, accumulating 480,000 miles,
and tractor-trailer combinations for 11 years, accumulating 550,000
miles. He holds a Class AM CDL from Illinois. His driving record for
the last 3 years shows no crashes or convictions for moving violations
in a CMV.
22. David M. Stout
Mr. Stout, 50, lost his right eye due to an accident at age 10. The
best-corrected visual acuity in his left eye is 20/20. His optometrist
examined him in 2004 and stated, ``In my medical opinion, David Stout
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Stout reported that he has driven straight
trucks for 10 years, accumulating 1.0 million miles, and tractor
trailer combinations for 18 years, accumulating 1.8 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.
23. Artis Suitt
Mr. Suitt, 51, has reduced vision in his left eye due to an injury
at age 10. The visual acuity in his right eye is 20/15 and in the left,
20/400. His ophthalmologist examined him in 2004 and stated, ``In my
opinion, he has sufficient vision to perform the driving tasks required
to operate a commercial vehicle as he has done this for 20 years, and
his vision has basically been unchanged during that time.'' Mr. Suitt
submitted that he has driven straight trucks for 3 years, accumulating
150,000 miles, and tractor-trailer combinations for 20 years,
accumulating 2.1 million miles. He holds a Class A CDL from North
Carolina. 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.
24. Gregory E. Thompson
Mr. Thompson, 41, has amblyopia in his right eye. The best-
corrected visual acuity in his right eye is 20/50 and in the left, 20/
20. His optometrist examined him in 2004 and certified, ``In my medical
opinion, this patient has sufficient visual acuity to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Thompson
submitted that he has driven tractor-trailer combinations for 11 years,
accumulating 1.1 million miles. He holds a Class A CDL from Florida.
His driving record for the last 3 years shows no crashes and one
conviction for a moving violation--``failure to obey traffic sign''--in
a CMV.
25. Kerry W. VanStory
Mr. VanStory, 53, has amblyopia in his left eye. The best-corrected
visual acuity in his right eye is 20/20 and in the left, 20/400. His
optometrist examined him in 2004 and certified, ``Based upon his
current findings, and his past examinations, it is my medical opinion
that Mr. VanStory is completely capable to safely operate a commercial
vehicle based upon his current visual status.'' Mr. VanStory reported
that he has driven tractor-trailer combinations for 20 years,
accumulating 900,000 miles. He holds a Class AMX CDL from Texas. His
driving record for the last 3 years shows no crashes or convictions for
moving violations in a CMV.
26. Harry S. Warren
Mr. Warren, 34, has amblyopia in his right eye. The best-corrected
visual acuity in his right eye is 20/150 and in the left, 20/20.
Following an examination in 2004, his optometrist certified, ``In my
medical opinion, Mr. Warren's vision is more than adequate for
operating a commercial vehicle.'' Mr. Warren reported that he has
driven straight trucks for 7 years, accumulating 700,000 miles, and
tractor-trailer combinations for 11 years, accumulating 1.0 million
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.
27. Carl L. Wells
Mr. Wells, 61, had his right eye surgically removed in 1987 due to
choroidal melanoma. His best-corrected visual acuity in the left eye is
20/20. Following an examination in 2004, his optometrist certified, ``I
certify that Mr. Wells has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Wells reported
that he has driven tractor-trailer combinations for 19 years,
accumulating 2.4 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.
28. Prince E. Williams
Mr. Williams, 66, has a macular scar in his left eye due to an
infection 30 years ago. His visual acuity in the right eye is 20/20 and
in the left, 20/400. Following an examination in 2004, his
ophthalmologist certified, ``It is in my opinion that Mr. Williams has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Williams reported that he has driven straight
trucks for 20 years, accumulating 1.9 million miles. He holds a Class B
CDL from Georgia. His driving record for the last 3 years shows no
crashes or convictions for moving violations in a CMV.
29. Keith L. Wraight
Mr. Wraight, 57, has amblyopia in his left eye. The visual acuity
in his right eye is 20/15 and in the left, 20/400. His optometrist
examined him in 2004 and stated, ``Patient has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Wraight submitted that he has driven straight trucks for 25 years,
accumulating 625,000 miles, and tractor-trailer combinations for 18
years, accumulating 720,000 miles. He holds a Class AM CDL from New
York. 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: January 10, 2005.
Rose A. McMurray,
Associate Administrator, Policy and Program Development.
[FR Doc. 05-850 Filed 1-13-05; 8:45 am]
BILLING CODE 4910-EX-P
