Qualification of Drivers; Exemption Applications; Vision, 28348-28352 [05-9795]
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Federal Register / Vol. 70, No. 94 / Tuesday, May 17, 2005 / Notices
the authority vested in me by the Act of
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[FR Doc. 05–9789 Filed 5–16–05; 8:45 am]
BILLING CODE 4710–11–P
For the Commission, by the Division of
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[FR Doc. E5–2443 Filed 5–16–05; 8:45 am]
Dated: May 9, 2005.
C. Miller Crouch,
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Educational and Cultural Affairs, Department
of State.
[FR Doc. 05–9791 Filed 5–16–05; 8:45 am]
DEPARTMENT OF TRANSPORTATION
BILLING CODE 8010–01–P
BILLING CODE 4710–08–P
[Docket No. FMCSA–2005–20560]
DEPARTMENT OF STATE
DEPARTMENT OF STATE
Qualification of Drivers; Exemption
Applications; Vision
[Public Notice 5082]
[Public Notice 5064]
AGENCY:
Culturally Significant Objects Imported
for Exhibition Determinations: ‘‘The
Mysterious Bog People’’
U.S. Advisory Commission on Public
Diplomacy; Closed Meeting
Department of State.
ACTION: Notice.
AGENCY:
SUMMARY: Notice is hereby given of the
following determinations: Pursuant to
10 17
CFR 200.30–3(a)(12).
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The U.S. Advisory Commission on
Public Diplomacy will hold a meeting
on Wednesday, May 25, 2005 at 9 a.m.
in Room 840 of the U.S. Department of
State at 301 4th Street, SW.,
Washington, DC. Pursuant to 5 U.S.C.
552b [c], the meeting will be closed to
the public. During its discussion, the
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Federal Motor Carrier Safety
Administration
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
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Federal Register / Vol. 70, No. 94 / Tuesday, May 17, 2005 / Notices
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 June 16, 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
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15:22 May 16, 2005
Jkt 205001
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, 20000 (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.
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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 his 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
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
not 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
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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 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 his 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
Tennessess. His driving record the the
last 3 years shows no crashes or
convictions for moving violations in
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
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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 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
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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.
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 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.
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15. Gene A. Lesher, Jr.
Mr. Lesher, 39, 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 any 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 opinon, 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
or 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,
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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 records 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
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.
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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.
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
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28352
Federal Register / Vol. 70, No. 94 / Tuesday, May 17, 2005 / Notices
28. Dean E. Wheeler
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
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.
VerDate jul<14>2003
15:22 May 16, 2005
Jkt 205001
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. Louise E. Workman
Mr. Workman, 55, ha 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.
PO 00000
Frm 00084
Fmt 4703
Sfmt 4703
Issued: May 11, 2005.
Pamela M. Pelcovits,
Office Director, Policy, Plan, and Regulation.
[FR Doc. 05–9795 Filed 5–16–05; 8:45 am]
BILLING CODE 4910–EX–M
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2005–21192; Notice 1]
ArvinMeritor, Inc., Receipt of Petition
for Decision of Inconsequential
Noncompliance
ArvinMeritor Inc. (ArvinMeritor) has
determined that certain automatic slack
adjusters assembled by the petitioner in
2004 do not comply with S5.1.8(a) and
S5.2.2(a) of 49 CFR 571.121, Federal
Motor Vehicle Safety Standard (FMVSS)
No. 121, ‘‘Air brake systems.’’
ArvinMeritor has filed an appropriate
report pursuant to 49 CFR Part 573,
‘‘Defect and Noncompliance Reports.’’
Pursuant to 49 U.S.C. 30118(d) and
30120(h), ArvinMeritor has petitioned
for an exemption from the notification
and remedy requirements of 49 U.S.C.
chapter 301 on the basis that this
noncompliance is inconsequential to
motor vehicle safety.
This notice of receipt of
ArvinMeritor’s petition is published
under 49 U.S.C. 30118 and 30120 and
does not represent any agency decision
or other exercise of judgment
concerning the merits of the petition.
Affected are a total of approximately
187 automatic slack adjusters assembled
between October 13, 2004 and
December 20, 2004. S5.1.8(a) is
applicable to trucks and buses, and
S5.2.2(a) is applicable to trailers. Both
sections are titled ‘‘Brake adjuster,’’ and
both require that:
Wear of the service brakes shall be
compensated for by means of a system of
automatic adjustment. When inspected
pursuant to S5.9, the adjustment of the
service brakes shall be within the limits
recommended by the vehicle manufacturer.
ArvinMeritor states that the
noncompliant automatic slack adjusters
were assembled with housings supplied
by TaeJoo Ind. Co., Ltd., and these
housings were below the dimensional
specifications. The petitioner states that
as a result, there is interference between
the automatic slack adjuster pawl and
the housing cavity in which the pawl is
positioned, preventing the pawl from
properly engaging the actuator, which
can result in a reduction or elimination
of the automatic adjustment function as
required by S5.1.8(a) and S5.2.2(a).
E:\FR\FM\17MYN1.SGM
17MYN1
]]>Agencies
[Federal Register Volume 70, Number 94 (Tuesday, May 17, 2005)]
[Notices]
[Pages 28348-28352]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-9795]
=======================================================================
-----------------------------------------------------------------------
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
[[Page 28349]]
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 June 16, 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, 20000 (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 his 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 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 not 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
[[Page 28350]]
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 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 his 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 Tennessess. His driving record the the last 3 years shows no
crashes or convictions for moving violations in 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.
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 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.
[[Page 28351]]
15. Gene A. Lesher, Jr.
Mr. Lesher, 39, 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 any 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 opinon, 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 or 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 records 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. 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
[[Page 28352]]
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. Louise E. Workman
Mr. Workman, 55, ha 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: May 11, 2005.
Pamela M. Pelcovits,
Office Director, Policy, Plan, and Regulation.
[FR Doc. 05-9795 Filed 5-16-05; 8:45 am]
BILLING CODE 4910-EX-M
