Qualification of Drivers; Exemption Applications; Vision, 17504-17507 [05-6804]

Download as PDF 17504 Federal Register / Vol. 70, No. 65 / Wednesday, April 6, 2005 / Notices Issued in Washington, DC, on March 31, 2005. Brenda D. Courtney, Acting Director, Office of Rulemaking. Disposition of Petitions Docket No.: FAA–2004–16969. Petitioner: Israel Aircraft Industries, Ltd. Sections of 14 CFR Affected: 14 CFR 25.810(a)(1), 25.857(e), and 25.1447(c)(1) Description of Relief Sought/ Disposition: To allow carriage of three non-crewmembers (commonly referred to as supernumeraries) located aft of the flight deck on Boeing Model 767–200 airplanes which have been converted from a passenger to a freighter configuration. Grant of Exemption, 03/28/2005, Exemption No. 8350A [FR Doc. 05–6728 Filed 4–5–05; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2005–20560] 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 30 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 May 6, 2005. ADDRESSES: You may submit comments identified by any of the following methods. Please identify your comments by the DOT DMS Docket Number FMCSA–2005–20560. • 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. VerDate jul<14>2003 18:17 Apr 05, 2005 Jkt 205001 • 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: Ms. 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: 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. PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 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 30 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. Edmund J. Barron Mr. Barron, age 36, has amblyopia in his right eye. His best-corrected visual acuity in the right eye is 20/100 and in the left, 20/20. Following an examination in 2004, his optometrist certified, ‘‘Based on this examination, it is my medical opinion that Mr. Barron has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Barron submitted that he has driven straight trucks for 1 year, accumulating 40,000 miles, and tractor-trailer combinations for 16 years, accumulating 1.2 million miles. He holds a Class A commercial driver’s license (CDL) from Pennsylvania. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. 2. Eddie M. Brown Mr. Brown, 47, has amblyopia in his left eye. The best-corrected visual acuity in his right eye is 20/20 and in the left, 20/200. His optometrist examined him in 2004 and stated, ‘‘I would like to certify that in my medical opinion Mr. Eddie Brown has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Brown submitted that he has driven straight trucks for 20 years, accumulating 1.0 million miles, and tractor-trailer combinations for 19 years, accumulating 345,000 miles. He holds a Class AM CDL from South Carolina. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. 3. Tony Cook Mr. Cook, 38, has central field loss in his right eye due to an injury in 1987. His best-corrected visual acuity in the E:\FR\FM\06APN1.SGM 06APN1 Federal Register / Vol. 70, No. 65 / Wednesday, April 6, 2005 / Notices right eye is light perception and in the left, 20/15. Following an examination in 2004, his optometrist certified, ‘‘Based upon my findings and medical expertise, I hereby certify Tony Cook to be visually able to safely operate a commercial motor vehicle.’’ Mr. Cook submitted that he has driven straight trucks for 8 years, accumulating 624,000 miles. He holds a Class D driver’s license from Kentucky. His driving record for the last 3 years shows two crashes and one conviction for a moving violation in a CMV. According to police report for the first crash, another driver crossed the center line and struck Mr. Cook’s vehicle. The report indicated that inattention by the other driver was a contributing factor in the crash. Neither driver was cited. According to the police report for the second crash, Mr. Cook was attempting to back a tractor-trailer onto private property from a roadway when another driver collided with his vehicle. The other driver was cited; Mr. Cook was not cited. The moving violation, which occurred on a separate occasion, was exceeding the speed limit by 15 mph. 4. Jeffery W. Cotner Mr. Cotner, 42, has amblyopia in his left eye. His best-corrected visual acuity in the right eye is 20/20 and in the left, 20/60. Following an examination in 2004, his optometrist certified, ‘‘It is my medical opinion that Mr. Cotner does have sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Cotner reported that he has driven tractortrailer combinations for 13 years, accumulating 230,000 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. 5. John K. Fank Mr. Fank, 43, had a retinal detachment in his right eye 15 years ago. The best-corrected visual acuity in his right eye is 20/150 and in the left, 20/20. His optometrist examined him in 2004 and stated, ‘‘This patient appears to have sufficient sight and peripheral vision to continue driving his commercial vehicle as safely as demonstrated over previous years.’’ Mr. Fank reported that he has driven straight trucks for 11 years, accumulating 247,000 miles, and tractor-trailer combinations for 10 years, accumulating 195,000 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. VerDate jul<14>2003 18:17 Apr 05, 2005 Jkt 205001 6. Bobby G. Fletcher Mr. Fletcher, 38, has amblyopia in his left eye. The best-corrected visual acuity in his right eye is 20/20 and in the left, 20/200. His optometrist examined him in 2004 and noted, ‘‘In my professional opinion this patient should have sufficient vision with corrective lenses to operate a commercial vehicle.’’ Mr. Fletcher reported that he has driven tractor-trailer combinations for 10 years, accumulating 600,000 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. 7. Lonny L. Ford Mr. Ford, 58, has had a macular scar in his right eye since age 8. His bestcorrected visual acuity in the right eye is 20/200 and in the left, 20/20. Following an examination in 2005, his ophthalmologist noted, ‘‘It is my medical opinion this patient has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Ford reported that he has driven straight trucks for 34 years, accumulating 2.8 million miles. He holds a Class D driver’s license from Tennessee. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. 8. Larry G. Garcia Mr. Garcia, 52, had a retinal detachment in his right eye in 1995. The visual acuity in his right eye is light perception and in the left, 20/20. Following an examination in 2004 his optometrist stated, ‘‘It is my opinion, Larry Garcia has sufficient vision and visual field to perform driving tasks required for operating a commercial vehicle.’’ Mr. Garcia reported that he has driven straight trucks for 25 years, accumulating 1.2 million miles, and tractor-trailer combinations for 10 years, accumulating 780,000 miles. He holds a Class C driver’s license from Oregon. 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 17 mph. 9. Robert E. Hendrick Mr. Hendrick, 63, has corneal damage in his right eye due to an injury in 1964. 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 noted, ‘‘I certify that Mr. Hendrick has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Hendrick submitted that he has driven PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 17505 straight trucks for 45 years, and tractortrailer combinations for 30 years, accumulating 900,000 miles in each. 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. 10. Jonah G. Higdon Mr. Higdon, 34, has amblyopia in his left eye. The best-corrected visual acuity in his right eye is 20/20 and in the left, 20/50. Following an examination in 2004, his optometrist certified, ‘‘It is my professional opinion that Mr. Higdon has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Higdon reported that he has driven straight trucks for 14 years, accumulating 250,000 miles. He holds a driver’s license from Mississippi. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. 11. Daniel J. Hillman Mr. Hillman, 61, experienced a retinal detachment in his right eye in November 2001. His best-corrected visual acuity in the right eye is 20/200 and in the left, 20/20. Following an examination in 2004, his optometrist certified, ‘‘In my opinion Mr. Hillman retains sufficient vision to perform as a commercial driver.’’ Mr. Hillman reported that he has driven straight trucks for 7 years, accumulating 602,000 miles, and tractor-trailer combinations for 26 years, accumulating 2.3 million miles. He holds a Class A CDL from Washington. 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, Mr. Hillman’s vehicle collided with an oncoming vehicle, and the investigating officer was unable to determine which vehicle was over the double center line. Neither driver was cited. 12. Ronald A. Johnson Mr. Johnson, 55, had cataract surgery followed by infection and loss of his left eye in the year 2000. His best-corrected visual acuity in the right eye is 20/20. Following an examination in 2004, his optometrist noted, ‘‘In my opinion he has adequate vision to drive and is safe to drive a commercial vehicle with proper side mirrors.’’ Mr. Johnson reported that he has driven tractortrailer combinations for 25 years, accumulating 2.7 million miles. He holds a Class DA CDL from Kentucky. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. E:\FR\FM\06APN1.SGM 06APN1 17506 Federal Register / Vol. 70, No. 65 / Wednesday, April 6, 2005 / Notices 13. Clyde H. Kitzan Mr. Kitzan, 47, has amblyopia in his right eye. The best-corrected visual acuity in his right eye is 20/200 and in the left, 20/15. His optometrist examined him in 2004 and certified, ‘‘Because of his past history of successfully operating trucks and equipment, and because his vision has been stable for approximately 35 years, it is my opinion Mr. Kitzan is visually capable of operating a commercial vehicle.’’ Mr. Kitzan reported that he has driven straight trucks and tractortrailer combinations for 15 years, accumulating 750,000 miles in each. He holds a Class AM CDL from North Dakota. 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 12 mph. 14. Joe S. Lassiter, III Mr. Lassiter, 62, lost his right eye due to an injury 37 years ago. The bestcorrected visual acuity in his left eye is 20/20. Following an examination in 2004, his optometrist noted, ‘‘I certify in my opinion, Mr. Lassiter has sufficient vision in his left eye to operate a commercial vehicle.’’ Mr. Lassiter submitted that he has driven straight trucks for 39 years, accumulating 1.1 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 violations in a CMV. 15. Gene A. Lesher, Jr. Mr. Lesher, 30, has amblyopia in his left eye. His best-corrected visual acuity in the right eye is 20/20 and in the left, 20/50. Following an examination in 2004, his optometrist certified, ‘‘Based on his display of 20/20 binocular vision, his good depth perception, the presence of a full visual field, and his previous driving history with the longstanding nature of his visual condition, it is my opinion that Mr. Lesher has sufficient vision to perform the driving tasks associated with operating a commercial vehicle.’’ Mr. Lesher reported that he has driven tractor-trailer combinations for 8 years, accumulating 936,000 miles. He holds a Class A CDL from West 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 13 mph. 16. Eugene A. Maggio Mr. Maggio, 62, lost his right eye due to an injury in 2001. The best-corrected VerDate jul<14>2003 18:17 Apr 05, 2005 Jkt 205001 visual acuity in his left eye is 20/20. His optometrist examined him in 2004 and noted, ‘‘In my medical opinion, Mr. Maggio has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Maggio reported that he has driven straight trucks for 2 years, accumulating 2,000 miles, and tractor trailer-combinations for 38 years, accumulating 4.1 million 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. 17. Anthony R. Miles Mr. Miles, 40, lost his left eye due to trauma 15 years ago. His visual acuity in the right eye is 20/20. Following an examination in 2004, his optometrist certified, ‘‘In my opinion, Mr. Miles has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Miles submitted that he has driven straight trucks for 18 years, accumulating 250,000 miles, and tractor-trailer combinations for 9 years, accumulating 630,000 miles. He holds a Class AM CDL from Nevada. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. 18. Raymond E. Morelock Mr. Morelock, 54, has no vision in the right eye due to trauma from childhood. His visual acuity in the left eye is 20/ 20. Following an examination in 2005, his optometrist certified, ‘‘It is my professional opinion that the defect in Mr. Morelock’s right eye will not affect the safe operation of a motor vehicle, whether private or commercial.’’ Mr. Morelock submitted that he has driven straight trucks for 14 years, accumulating 100,000 miles. He holds a Class D driver’s license from Wisconsin. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. 19. Kenneth L. Nau Mr. Nau, 47, has had a macular scar in his left eye since birth. His bestcorrected visual acuity in the right eye is 20/20 and in the left, 20/400. Following an examination in 2004, his ophthalmologist noted, ‘‘Mr. Nau has maintained a safe driving record for many years and has always driven with mild visual disability of the left eye. Since it has always been present, he has functioned well, and his peripheral visual acuity is excellent, there is no reason to believe that he cannot continue to operate commercial vehicles.’’ Mr. Nau submitted that he has driven straight trucks for 25 years, accumulating 2.0 million miles. He PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 holds a Class AM CDL from Maryland. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. 20. David L. Peebles Mr. Peebles, 52, has amblyopia in his left eye. The best-corrected visual acuity in his right eye is 20/20 and in the left, 20/200. His optometrist examined him in 2005 and certified, ‘‘To the best of my opinion, I would think that visually he can continue to drive commercial vehicles with little or no problems.’’ Mr. Peebles submitted that he has driven straight trucks for 3 years, accumulating 180,000 miles, and tractor-trailer combinations for 21 years, accumulating 2.6 million 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. 21. David W. Peterson Mr. Peterson, 26, has amblyopia in his right eye. The visual acuity in his right eye is 20/200 and in the left, 20/20. His optometrist examined him in 2004 and certified, ‘‘His vision is more than adequate to perform the tasks required of him while driving and should remain stable over the next several years.’’ Mr. Peterson submitted that he has driven tractor-trailer combinations for 6 years, accumulating 600,000 miles. He holds a Class A CDL from Utah. 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 9 mph. 22. Frederick G. Robbins Mr. Robbins, 50, has had a retinal scar in his right eye since 1998. The bestcorrected visual acuity in his right eye is 20/70 and in the left, 20/20. His ophthalmologist examined him in 2004 and noted, ‘‘His vision is sufficient to drive a commercial vehicle.’’ Mr. Robbins reported that he has driven tractor-trailer combinations for 27 years, accumulating 1.3 million miles. He holds a Class A CDL from New York. His driving record for the last 3 years shows one crash and one conviction for a moving violation in a CMV. According to the police report, Mr. Robbins’ vehicle collided with another vehicle traveling in the same direction, but the investigating officer did not determine how the crash happened. The other driver was cited; Mr. Robbins was not cited. 23. Jose C. Sanchez-Sanchez Mr. Sanchez-Sanchez, 37, lost his left eye due to an injury 25 years ago. The visual acuity in his right eye is 20/25. E:\FR\FM\06APN1.SGM 06APN1 Federal Register / Vol. 70, No. 65 / Wednesday, April 6, 2005 / Notices His optometrist examined him in 2004 and certified, ‘‘I believe he has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Sanchez-Sanchez submitted that he has driven straight trucks for 16 years, accumulating 160,000 miles, and tractor-trailer combinations for 10 years, accumulating 130,000 miles. He holds a Class A CDL from Idaho. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. 24. Boyd D. Stamey Mr. Stamey, 43, has a macular scar in the left eye due to injury in 2001. His best-corrected visual acuity in the right eye is 20/20 and in the left, 20/50. Following an examination in 2004, his ophthalmologist certified, ‘‘It is my opinion that you have very stable vision in the eye and indeed the left eye continues to improve. I see no reservation with your having a commercial driver’s license. You should be able to perform with the restrictions you have with this left eye, in keeping with the slightly reduced vision.’’ Mr. Stamey reported that he has driven tractor-trailer combinations for 10 years, accumulating 960,000 miles. He holds a Class A CDL from North Carolina. 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, Mr. Stamey was stopped in traffic when his vehicle was struck on the side by another driver who was trying to avoid rear-ending a vehicle in front of him. Neither Mr. Stamey nor the driver of the vehicle which struck his was cited. 25. Scott C. Teich Mr. Teich, 40, has had astigmatism in his left eye since childhood. His bestcorrected visual acuity in the right eye is 20/20 and in the left, 20/60. Following an examination in 2004, his optometrist certified, ‘‘In my opinion, Mr. Teich possesses sufficient vision to safely operate a commercial vehicle and perform the driving tasks that are required.’’ Mr. Teich reported that he has driven tractor-trailer combinations for 10 years, accumulating 900,000 miles. He holds a Class A CDL from Minnesota. 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 5 mph. 26. Emerson J. Turner Mr. Turner, 60, has a central vision deficit in his right eye due to trauma 15 years ago. His best-corrected visual VerDate jul<14>2003 18:17 Apr 05, 2005 Jkt 205001 acuity in the right eye is finger counting and in the left, 20/20. Following an examination in 2004, his optometrist certified, ‘‘In my medical opinion, Mr. Turner appears to have sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Turner reported that he has driven tractor-trailer combinations for 3 years, accumulating 348,000 miles. He holds a Class A CDL from Texas. His driving record for the last 3 years shows no crashes and two convictions for moving violations in a CMV. The moving violations were ‘‘failure to obey traffic control device’’ and exceeding the speed limit by 15 mph. 27. Daniel E. Watkins Mr. Watkins, 41, underwent a congenital cataract operation in his left eye in 1964. The visual acuity in his right eye is 20/20 and in the left, finger counting. His ophthalmologist examined him in 2004 and stated, ‘‘It is my medical opinion that Mr. Watkins has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Watkins reported that he has driven straight trucks and tractor-trailer combinations for 5 years, accumulating 625,000 miles in each. 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— speeding—in a CMV. He exceeded the speed limit by 11 mph. 28. Dean E. Wheeler Mr. Wheeler, 51, had a corneal transplant in his right eye prior to 1996. The best-corrected visual acuity in his right eye is 20/50 and in the left, 20/20. Following an examination in 2004, his optometrist certified, ‘‘I feel in my medical opinion that Mr. Dean Wheeler has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Wheeler reported that he has driven straight trucks for 5 years, accumulating 60,000 miles. He holds a Class ABCD CDL from Wisconsin. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. 29. Michael C. Williams, Sr. Mr. Williams, 36, lost the vision in his left eye due to an injury in 1992. His visual acuity in the right eye is 20/20. Following an examination in 2004, his optometrist noted, ‘‘In summary, the eye health is normal and vision is clear and normal. There appears to be no concern or limit to his visual ability to drive in general or to drive commercially.’’ Mr. Williams reported that he has driven PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 17507 straight trucks for 7 years, accumulating 350,000 miles, and tractor-trailer combinations for 9 years, accumulating 720,000 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. 30. Louie E. Workman Mr. Workman, 55, has amblyopia in his right eye. His best-corrected visual acuity in his right eye is 20/70 and in the left, 20/30. His ophthalmologist examined him in 2004 and noted, ‘‘In my opinion, he has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Workman submitted that he has driven straight trucks for 30 years, accumulating 1.5 million miles, and tractor-trailer combinations for 15 years, accumulating 75,000 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. 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: March 31, 2005. Rose A. McMurray, Associate Administrator, Policy and Program Development. [FR Doc. 05–6804 Filed 4–5–05; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration Office of Hazardous Materials Safety; Notice of Delays in Processing of Exemption Applications Pipeline and Hazardous Safety Administration, DOT. ACTION: Notice. AGENCY: SUMMARY: In accordance with the requirements of 49 U.S.C. 5117(c), PHMSA is publishing the following list of exemption applications that have been in process for 180 days or more. The reason(s) for delay and the expected completion date for action on each application is provided in association with each identified application. FOR FURTHER INFORMATION CONTACT: Delmer Billings, Office of Hazardous E:\FR\FM\06APN1.SGM 06APN1

Agencies

[Federal Register Volume 70, Number 65 (Wednesday, April 6, 2005)]
[Notices]
[Pages 17504-17507]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6804]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2005-20560]


Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of applications for exemption from the vision standard; 
request for comments.

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

SUMMARY: This notice publishes the FMCSA's receipt of applications from 
30 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 May 6, 2005.

ADDRESSES: You may submit comments identified by any of the following 
methods. Please identify your comments by the DOT DMS Docket Number 
FMCSA-2005-20560.
     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: Ms. 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:
    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 30 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. Edmund J. Barron

    Mr. Barron, age 36, has amblyopia in his right eye. His best-
corrected visual acuity in the right eye is 20/100 and in the left, 20/
20. Following an examination in 2004, his optometrist certified, 
``Based on this examination, it is my medical opinion that Mr. Barron 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Barron submitted that he has driven 
straight trucks for 1 year, accumulating 40,000 miles, and tractor-
trailer combinations for 16 years, accumulating 1.2 million miles. He 
holds a Class A commercial driver's license (CDL) from Pennsylvania. 
His driving record for the last 3 years shows no crashes or convictions 
for moving violations in a CMV.

2. Eddie M. Brown

    Mr. Brown, 47, has amblyopia in his left eye. The best-corrected 
visual acuity in his right eye is 20/20 and in the left, 20/200. His 
optometrist examined him in 2004 and stated, ``I would like to certify 
that in my medical opinion Mr. Eddie Brown has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Brown submitted that he has driven straight trucks for 20 years, 
accumulating 1.0 million miles, and tractor-trailer combinations for 19 
years, accumulating 345,000 miles. He holds a Class AM CDL from South 
Carolina. His driving record for the last 3 years shows no crashes or 
convictions for moving violations in a CMV.

3. Tony Cook

    Mr. Cook, 38, has central field loss in his right eye due to an 
injury in 1987. His best-corrected visual acuity in the

[[Page 17505]]

right eye is light perception and in the left, 20/15. Following an 
examination in 2004, his optometrist certified, ``Based upon my 
findings and medical expertise, I hereby certify Tony Cook to be 
visually able to safely operate a commercial motor vehicle.'' Mr. Cook 
submitted that he has driven straight trucks for 8 years, accumulating 
624,000 miles. He holds a Class D driver's license from Kentucky. His 
driving record for the last 3 years shows two crashes and one 
conviction for a moving violation in a CMV. According to police report 
for the first crash, another driver crossed the center line and struck 
Mr. Cook's vehicle. The report indicated that inattention by the other 
driver was a contributing factor in the crash. Neither driver was 
cited. According to the police report for the second crash, Mr. Cook 
was attempting to back a tractor-trailer onto private property from a 
roadway when another driver collided with his vehicle. The other driver 
was cited; Mr. Cook was not cited. The moving violation, which occurred 
on a separate occasion, was exceeding the speed limit by 15 mph.

4. Jeffery W. Cotner

    Mr. Cotner, 42, has amblyopia in his left eye. His best-corrected 
visual acuity in the right eye is 20/20 and in the left, 20/60. 
Following an examination in 2004, his optometrist certified, ``It is my 
medical opinion that Mr. Cotner does have sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Cotner reported that he has driven tractor-trailer combinations for 13 
years, accumulating 230,000 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.

5. John K. Fank

    Mr. Fank, 43, had a retinal detachment in his right eye 15 years 
ago. The best-corrected visual acuity in his right eye is 20/150 and in 
the left, 20/20. His optometrist examined him in 2004 and stated, 
``This patient appears to have sufficient sight and peripheral vision 
to continue driving his commercial vehicle as safely as demonstrated 
over previous years.'' Mr. Fank reported that he has driven straight 
trucks for 11 years, accumulating 247,000 miles, and tractor-trailer 
combinations for 10 years, accumulating 195,000 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.

6. Bobby G. Fletcher

    Mr. Fletcher, 38, has amblyopia in his left eye. The best-corrected 
visual acuity in his right eye is 20/20 and in the left, 20/200. His 
optometrist examined him in 2004 and noted, ``In my professional 
opinion this patient should have sufficient vision with corrective 
lenses to operate a commercial vehicle.'' Mr. Fletcher reported that he 
has driven tractor-trailer combinations for 10 years, accumulating 
600,000 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.

7. Lonny L. Ford

    Mr. Ford, 58, has had a macular scar in his right eye since age 8. 
His best-corrected visual acuity in the right eye is 20/200 and in the 
left, 20/20. Following an examination in 2005, his ophthalmologist 
noted, ``It is my medical opinion this patient has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Ford reported that he has driven straight trucks for 34 years, 
accumulating 2.8 million miles. He holds a Class D driver's license 
from Tennessee. His driving record for the last 3 years shows no 
crashes or convictions for moving violations in a CMV.

8. Larry G. Garcia

    Mr. Garcia, 52, had a retinal detachment in his right eye in 1995. 
The visual acuity in his right eye is light perception and in the left, 
20/20. Following an examination in 2004 his optometrist stated, ``It is 
my opinion, Larry Garcia has sufficient vision and visual field to 
perform driving tasks required for operating a commercial vehicle.'' 
Mr. Garcia reported that he has driven straight trucks for 25 years, 
accumulating 1.2 million miles, and tractor-trailer combinations for 10 
years, accumulating 780,000 miles. He holds a Class C driver's license 
from Oregon. 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 17 mph.

9. Robert E. Hendrick

    Mr. Hendrick, 63, has corneal damage in his right eye due to an 
injury in 1964. 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 noted, ``I certify that Mr. Hendrick has sufficient vision 
to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Hendrick submitted that he has driven straight trucks 
for 45 years, and tractor-trailer combinations for 30 years, 
accumulating 900,000 miles in each. 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.

10. Jonah G. Higdon

    Mr. Higdon, 34, has amblyopia in his left eye. The best-corrected 
visual acuity in his right eye is 20/20 and in the left, 20/50. 
Following an examination in 2004, his optometrist certified, ``It is my 
professional opinion that Mr. Higdon has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Higdon reported that he has driven straight trucks for 14 years, 
accumulating 250,000 miles. He holds a driver's license from 
Mississippi. His driving record for the last 3 years shows no crashes 
or convictions for moving violations in a CMV.

11. Daniel J. Hillman

    Mr. Hillman, 61, experienced a retinal detachment in his right eye 
in November 2001. His best-corrected visual acuity in the right eye is 
20/200 and in the left, 20/20. Following an examination in 2004, his 
optometrist certified, ``In my opinion Mr. Hillman retains sufficient 
vision to perform as a commercial driver.'' Mr. Hillman reported that 
he has driven straight trucks for 7 years, accumulating 602,000 miles, 
and tractor-trailer combinations for 26 years, accumulating 2.3 million 
miles. He holds a Class A CDL from Washington. 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, Mr. Hillman's 
vehicle collided with an oncoming vehicle, and the investigating 
officer was unable to determine which vehicle was over the double 
center line. Neither driver was cited.

12. Ronald A. Johnson

    Mr. Johnson, 55, had cataract surgery followed by infection and 
loss of his left eye in the year 2000. His best-corrected visual acuity 
in the right eye is 20/20. Following an examination in 2004, his 
optometrist noted, ``In my opinion he has adequate vision to drive and 
is safe to drive a commercial vehicle with proper side mirrors.'' Mr. 
Johnson reported that he has driven tractor-trailer combinations for 25 
years, accumulating 2.7 million miles. He holds a Class DA CDL from 
Kentucky. His driving record for the last 3 years shows no crashes or 
convictions for moving violations in a CMV.

[[Page 17506]]

13. Clyde H. Kitzan

    Mr. Kitzan, 47, has amblyopia in his right eye. The best-corrected 
visual acuity in his right eye is 20/200 and in the left, 20/15. His 
optometrist examined him in 2004 and certified, ``Because of his past 
history of successfully operating trucks and equipment, and because his 
vision has been stable for approximately 35 years, it is my opinion Mr. 
Kitzan is visually capable of operating a commercial vehicle.'' Mr. 
Kitzan reported that he has driven straight trucks and tractor-trailer 
combinations for 15 years, accumulating 750,000 miles in each. He holds 
a Class AM CDL from North Dakota. 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 12 mph.

14. Joe S. Lassiter, III

    Mr. Lassiter, 62, lost his right eye due to an injury 37 years ago. 
The best-corrected visual acuity in his left eye is 20/20. Following an 
examination in 2004, his optometrist noted, ``I certify in my opinion, 
Mr. Lassiter has sufficient vision in his left eye to operate a 
commercial vehicle.'' Mr. Lassiter submitted that he has driven 
straight trucks for 39 years, accumulating 1.1 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 violations in a CMV.

15. Gene A. Lesher, Jr.

    Mr. Lesher, 30, has amblyopia in his left eye. His best-corrected 
visual acuity in the right eye is 20/20 and in the left, 20/50. 
Following an examination in 2004, his optometrist certified, ``Based on 
his display of 20/20 binocular vision, his good depth perception, the 
presence of a full visual field, and his previous driving history with 
the longstanding nature of his visual condition, it is my opinion that 
Mr. Lesher has sufficient vision to perform the driving tasks 
associated with operating a commercial vehicle.'' Mr. Lesher reported 
that he has driven tractor-trailer combinations for 8 years, 
accumulating 936,000 miles. He holds a Class A CDL from West 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 13 mph.

16. Eugene A. Maggio

    Mr. Maggio, 62, lost his right eye due to an injury in 2001. The 
best-corrected visual acuity in his left eye is 20/20. His optometrist 
examined him in 2004 and noted, ``In my medical opinion, Mr. Maggio has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Maggio reported that he has driven straight 
trucks for 2 years, accumulating 2,000 miles, and tractor trailer-
combinations for 38 years, accumulating 4.1 million 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.

17. Anthony R. Miles

    Mr. Miles, 40, lost his left eye due to trauma 15 years ago. His 
visual acuity in the right eye is 20/20. Following an examination in 
2004, his optometrist certified, ``In my opinion, Mr. Miles has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Miles submitted that he has driven straight 
trucks for 18 years, accumulating 250,000 miles, and tractor-trailer 
combinations for 9 years, accumulating 630,000 miles. He holds a Class 
AM CDL from Nevada. His driving record for the last 3 years shows no 
crashes or convictions for moving violations in a CMV.

18. Raymond E. Morelock

    Mr. Morelock, 54, has no vision in the right eye due to trauma from 
childhood. His visual acuity in the left eye is 20/20. Following an 
examination in 2005, his optometrist certified, ``It is my professional 
opinion that the defect in Mr. Morelock's right eye will not affect the 
safe operation of a motor vehicle, whether private or commercial.'' Mr. 
Morelock submitted that he has driven straight trucks for 14 years, 
accumulating 100,000 miles. He holds a Class D driver's license from 
Wisconsin. His driving record for the last 3 years shows no crashes or 
convictions for moving violations in a CMV.

19. Kenneth L. Nau

    Mr. Nau, 47, has had a macular scar in his left eye since birth. 
His best-corrected visual acuity in the right eye is 20/20 and in the 
left, 20/400. Following an examination in 2004, his ophthalmologist 
noted, ``Mr. Nau has maintained a safe driving record for many years 
and has always driven with mild visual disability of the left eye. 
Since it has always been present, he has functioned well, and his 
peripheral visual acuity is excellent, there is no reason to believe 
that he cannot continue to operate commercial vehicles.'' Mr. Nau 
submitted that he has driven straight trucks for 25 years, accumulating 
2.0 million miles. He holds a Class AM CDL from Maryland. His driving 
record for the last 3 years shows no crashes or convictions for moving 
violations in a CMV.

20. David L. Peebles

    Mr. Peebles, 52, has amblyopia in his left eye. The best-corrected 
visual acuity in his right eye is 20/20 and in the left, 20/200. His 
optometrist examined him in 2005 and certified, ``To the best of my 
opinion, I would think that visually he can continue to drive 
commercial vehicles with little or no problems.'' Mr. Peebles submitted 
that he has driven straight trucks for 3 years, accumulating 180,000 
miles, and tractor-trailer combinations for 21 years, accumulating 2.6 
million 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.

21. David W. Peterson

    Mr. Peterson, 26, has amblyopia in his right eye. The visual acuity 
in his right eye is 20/200 and in the left, 20/20. His optometrist 
examined him in 2004 and certified, ``His vision is more than adequate 
to perform the tasks required of him while driving and should remain 
stable over the next several years.'' Mr. Peterson submitted that he 
has driven tractor-trailer combinations for 6 years, accumulating 
600,000 miles. He holds a Class A CDL from Utah. 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 9 mph.

22. Frederick G. Robbins

    Mr. Robbins, 50, has had a retinal scar in his right eye since 
1998. The best-corrected visual acuity in his right eye is 20/70 and in 
the left, 20/20. His ophthalmologist examined him in 2004 and noted, 
``His vision is sufficient to drive a commercial vehicle.'' Mr. Robbins 
reported that he has driven tractor-trailer combinations for 27 years, 
accumulating 1.3 million miles. He holds a Class A CDL from New York. 
His driving record for the last 3 years shows one crash and one 
conviction for a moving violation in a CMV. According to the police 
report, Mr. Robbins' vehicle collided with another vehicle traveling in 
the same direction, but the investigating officer did not determine how 
the crash happened. The other driver was cited; Mr. Robbins was not 
cited.

23. Jose C. Sanchez-Sanchez

    Mr. Sanchez-Sanchez, 37, lost his left eye due to an injury 25 
years ago. The visual acuity in his right eye is 20/25.

[[Page 17507]]

His optometrist examined him in 2004 and certified, ``I believe he has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Sanchez-Sanchez submitted that he has driven 
straight trucks for 16 years, accumulating 160,000 miles, and tractor-
trailer combinations for 10 years, accumulating 130,000 miles. He holds 
a Class A CDL from Idaho. His driving record for the last 3 years shows 
no crashes or convictions for moving violations in a CMV.

24. Boyd D. Stamey

    Mr. Stamey, 43, has a macular scar in the left eye due to injury in 
2001. His best-corrected visual acuity in the right eye is 20/20 and in 
the left, 20/50. Following an examination in 2004, his ophthalmologist 
certified, ``It is my opinion that you have very stable vision in the 
eye and indeed the left eye continues to improve. I see no reservation 
with your having a commercial driver's license. You should be able to 
perform with the restrictions you have with this left eye, in keeping 
with the slightly reduced vision.'' Mr. Stamey reported that he has 
driven tractor-trailer combinations for 10 years, accumulating 960,000 
miles. He holds a Class A CDL from North Carolina. 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, Mr. Stamey was 
stopped in traffic when his vehicle was struck on the side by another 
driver who was trying to avoid rear-ending a vehicle in front of him. 
Neither Mr. Stamey nor the driver of the vehicle which struck his was 
cited.

25. Scott C. Teich

    Mr. Teich, 40, has had astigmatism in his left eye since childhood. 
His best-corrected visual acuity in the right eye is 20/20 and in the 
left, 20/60. Following an examination in 2004, his optometrist 
certified, ``In my opinion, Mr. Teich possesses sufficient vision to 
safely operate a commercial vehicle and perform the driving tasks that 
are required.'' Mr. Teich reported that he has driven tractor-trailer 
combinations for 10 years, accumulating 900,000 miles. He holds a Class 
A CDL from Minnesota. 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 5 mph.

26. Emerson J. Turner

    Mr. Turner, 60, has a central vision deficit in his right eye due 
to trauma 15 years ago. 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, ``In my medical opinion, Mr. Turner 
appears to have sufficient vision to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Turner reported that he has 
driven tractor-trailer combinations for 3 years, accumulating 348,000 
miles. He holds a Class A CDL from Texas. His driving record for the 
last 3 years shows no crashes and two convictions for moving violations 
in a CMV. The moving violations were ``failure to obey traffic control 
device'' and exceeding the speed limit by 15 mph.

27. Daniel E. Watkins

    Mr. Watkins, 41, underwent a congenital cataract operation in his 
left eye in 1964. The visual acuity in his right eye is 20/20 and in 
the left, finger counting. His ophthalmologist examined him in 2004 and 
stated, ``It is my medical opinion that Mr. Watkins has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Watkins reported that he has driven straight trucks and 
tractor-trailer combinations for 5 years, accumulating 625,000 miles in 
each. 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--speeding--in a CMV. He exceeded the speed limit by 11 mph.

28. Dean E. Wheeler

    Mr. Wheeler, 51, had a corneal transplant in his right eye prior to 
1996. The best-corrected visual acuity in his right eye is 20/50 and in 
the left, 20/20. Following an examination in 2004, his optometrist 
certified, ``I feel in my medical opinion that Mr. Dean Wheeler has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Wheeler reported that he has driven straight 
trucks for 5 years, accumulating 60,000 miles. He holds a Class ABCD 
CDL from Wisconsin. His driving record for the last 3 years shows no 
crashes or convictions for moving violations in a CMV.

29. Michael C. Williams, Sr.

    Mr. Williams, 36, lost the vision in his left eye due to an injury 
in 1992. His visual acuity in the right eye is 20/20. Following an 
examination in 2004, his optometrist noted, ``In summary, the eye 
health is normal and vision is clear and normal. There appears to be no 
concern or limit to his visual ability to drive in general or to drive 
commercially.'' Mr. Williams reported that he has driven straight 
trucks for 7 years, accumulating 350,000 miles, and tractor-trailer 
combinations for 9 years, accumulating 720,000 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.

30. Louie E. Workman

    Mr. Workman, 55, has amblyopia in his right eye. His best-corrected 
visual acuity in his right eye is 20/70 and in the left, 20/30. His 
ophthalmologist examined him in 2004 and noted, ``In my opinion, he has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Workman submitted that he has driven straight 
trucks for 30 years, accumulating 1.5 million miles, and tractor-
trailer combinations for 15 years, accumulating 75,000 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.

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: March 31, 2005.
Rose A. McMurray,
Associate Administrator, Policy and Program Development.
[FR Doc. 05-6804 Filed 4-5-05; 8:45 am]
BILLING CODE 4910-EX-P
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