Qualification of Drivers; Exemption Applications; Vision, 39879-39886 [E7-14034]

Agencies

• Federal Motor Carrier Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 72, Number 139 (Friday, July 20, 2007)]
[Notices]
[Pages 39879-39886]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-14034]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2007-27897]


Qualification of Drivers; Exemption Applications; Vision

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

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

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SUMMARY: FMCSA announces receipt of applications from 64 individuals 
for exemptions from the vision requirement in the Federal Motor Carrier 
Safety Regulations. If granted, the exemptions would enable these 
individuals to qualify as drivers of commercial motor vehicles (CMVs) 
in interstate commerce without meeting the Federal vision standard.

DATES: Comments must be received on or before August 20, 2007.

ADDRESSES: You may submit comments identified by Department of 
Transportation (DOT) Docket Management System (DMS) Docket Number 
FMCSA-2007-27897 using any of the following methods:
     Web Site: https://dmses.dot.gov/submit. Follow the 
instructions for submitting comments on the DOT electronic docket site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., West Building, Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: Room W12-140 on the ground level of the 
West Building, 1200 New Jersey Avenue, SE., 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 online instructions for submitting 
comments.
    Instructions: All submissions must include the Agency name and 
docket number for this notice. Note that all comments received will be 
posted without change to https://dms.dot.gov including any personal 
information provided. Please see the Privacy Act heading for further 
information.
    Docket: For access to the docket to read background documents or 
comments received, go to https://dms.dot.gov at any time or Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue, SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The DMS is available 24 hours each day, 365 
days each year. If you want acknowledgment that we received your 
comments, please include a self-addressed, stamped envelope or postcard 
or print the acknowledgement page that appears after submitting 
comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments 
received into any of our dockets by the

[[Page 39880]]

name of the individual submitting the comment (or of the person signing 
the comment, if submitted on behalf of an association, business, labor 
union, etc.). You may review the DOT's complete Privacy Act Statement 
in the Federal Register published on April 11, 2000 (65 FR 19477; Apr. 
11, 2000). This information is also available at https://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Chief, Physical 
Qualifications Division, 202-366-4001, FMCSA, Room W64-224, U.S. 
Department of Transportation, 1200 New Jersey Avenue, SE., Washington, 
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. Monday through 
Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
for a 2-year period if it finds ``such exemption would likely achieve a 
level of safety that is equivalent to, or greater than, the level that 
would be achieved absent such exemption.'' FMCSA can renew exemptions 
at the end of each 2-year period. The 64 individuals listed in this 
notice each have requested an exemption from the vision requirement in 
49 CFR 391.41(b)(10), which applies to drivers of CMVs in interstate 
commerce. Accordingly, the Agency will evaluate the qualifications of 
each applicant to determine whether granting the exemption will achieve 
the required level of safety mandated by statute.

Qualifications of Applicants

John W. Black

    Mr. Black, age 43, has loss of vision in his right eye due to a 
traumatic injury sustained as a child. The visual acuity in his right 
eye is light perception vision and in the left, 20/20. Following an 
examination in 2006, his ophthalmologist noted, ``In my medical opinion 
John has sufficient vision to perform the driving task required to 
operate a commercial vehicle.'' Mr. Black reported that he has driven 
straight trucks for 5 years, accumulating 120,000 miles, and tractor-
trailer combinations for 11 years, accumulating 550,000 miles. He holds 
a Class A Commercial Driver's License (CDL) from Arizona. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Ronald D. Boeve

    Mr. Boeve, 54, has had amblyopia in his left eye since childhood. 
The best corrected visual acuity in his right eye is 20/20 and in the 
left, 20/200. Following an examination in 2006, his optometrist noted, 
``In my professional opinion, Ron Boeve has ample vision to perform the 
driving tasks required to operate a commercial vehicle as he has done 
for 30 years with no change in his visual condition.'' Mr. Boeve 
reported that he has driven tractor-trailer combinations for 33 years, 
accumulating 3.3 million miles. He holds a Class A CDL from Michigan. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Paul T. Breitigan

    Mr. Breitigan, 55, has loss of vision in his right eye due to 
histoplasmosis with choroidal neovascularization since 2003. The best 
corrected visual acuity in his right eye is 20/200 and in the left, 20/
20. Following an examination in 2006, his ophthalmologist noted, ``Your 
visual acuity qualifies for legal driving vision. This vision is 
sufficient to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Breitigan reported that he has driven 
tractor-trailer combinations for 31 years, accumulating 3.7 million 
miles. He holds a Class A CDL from Ohio. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

John A. Bridges

    Mr. Bridges, 44, has had ambylopia in his right eye since 
childhood. The best corrected visual acuity in his right eye is 20/80 
and in the left, 20/20. Following an examination in 2006, his 
ophthalmologist noted, ``Mr. Bridges meets all CDL requirements and I 
can easily certify that he has sufficient vision to perform driving 
tasks required to operate a commercial vehicle.'' Mr. Bridges reported 
that he has driven straight trucks for 20 years, accumulating 400,000 
miles. He holds a Class A CDL from Georgia. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Edward G. Brown

    Mr. Brown, 79, has loss of vision in his right eye due to age-
related macular degeneration since 2001. The best corrected visual 
acuity in his right eye is 20/60 and in the left, 20/30. Following an 
examination in 2007, his optometrist noted, ``In my medical opinion, 
Mr. Brown has sufficient vision to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Brown reported that he has 
driven tractor-trailer combinations for 19 years, accumulating 760,000 
miles. He holds a Class A CDL from Ohio. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Edwin L. Bupp

    Mr. Bupp, 36, has had amblyopia in his left eye since childhood. 
The best corrected visual acuity in his right eye is 20/20 and in the 
left, 20/200. Following an examination in 2007, his optometrist noted, 
``When considering Mr. Bupp's examination results and comparing the 
criteria set up by your department, I believe he has sufficient vision 
to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Bupp reported that he has driven tractor-trailer 
combinations for 13 years, accumulating 2 million miles. He holds a 
Class A CDL from Pennsylvania. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Charles E. Castle

    Mr. Castle, 65, has complete loss of vision in his right eye due to 
a traumatic injury sustained as a child. The best corrected visual 
acuity in his left eye is 20/25. Following an examination in 2007, his 
optometrist noted, ``I certify that this patient's visual status is 
sufficient to perform driving tasks required to operate a commercial 
vehicle.'' Mr. Castle reported that he has driven straight trucks for 9 
years, accumulating 900,000 miles, and tractor-trailer combinations for 
13 years, accumulating 910,000 miles. He holds a Class A CDL from Ohio. 
His driving record for the last 3 years shows one crash, which he was 
cited for, and no convictions for moving violations in a CMV.

Joel C. Conrad

    Mr. Conrad, 47, has had amblyopia in his left eye since birth. The 
best corrected visual acuity in his right eye is 20/20 and in the left, 
20/60. Following an examination in 2007, his ophthalmologist noted, 
``In my medical opinion, Joel Conrad has sufficient vision to perform 
the driving tasks to operate a commercial vehicle.'' Mr. Conrad 
reported that he has driven buses for 10 years, accumulating 120,000 
miles. He holds a Class B CDL from New York. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Duane C. Conway

    Mr. Conway, 57, has complete loss of vision in his right eye due to 
a retinal detachment sustained approximately 30

[[Page 39881]]

years ago. The visual acuity in his right eye is 20/20. Following an 
examination in 2006, his ophthalmologist noted, ``Mr. Conway's vision 
has been sufficient for him to obtain and operate commercial vehicles 
for decades. His vision is unchanged. Therefore, in my opinion, he 
still has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Conway reported that he has driven 
straight trucks for 6 years, accumulating 288,000 miles, and tractor-
trailer combinations for 8 years, accumulating 800,000 miles. He holds 
a Class A CDL from Nevada. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

David L. Cummings

    Mr. Cummings, 54, has complete loss of vision in his left eye due 
to a traumatic injury sustained as a child. The visual acuity in his 
right eye is 20/20. Following an examination in 2006, his optometrist 
noted, ``I believe he has sufficient vision to operate a commercial 
vehicle.'' Mr. Cummings reported that he has driven straight trucks for 
24 years, accumulating 600,000 miles, and tractor-trailer combinations 
for 9 years, accumulating 45,000 miles. He holds a Class A CDL from 
Illinois. 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.

Brian W. Curtis

    Mr. Curtis, 52, has had amblyopia in his right eye since birth. The 
best corrected visual acuity in his right eye is 20/60 and in the left, 
20/20. Following an examination in 2007, his optometrist noted, ``Brian 
should not have any visual difficulties performing the driving tasks 
required for a commercial vehicle.'' Mr. Curtis reported that he has 
driven straight trucks for 34 years, accumulating 884,000 miles. He 
holds a Class B CDL from Illinois. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Roger D. Davidson, Sr.

    Mr. Davidson, 50, has had amblyopia in his right eye since 
childhood. The best corrected visual acuity in his right eye is 20/200 
and in the left, 20/15. Following an examination in 2007, his 
optometrist noted, ``In my opinion, Mr. Davidson is ok to drive a 
commercial vehicle.'' Mr. Davidson reported that he has driven tractor-
trailer combinations for 10 years, accumulating 1 million miles, and 
buses for 3 years, accumulating 120,000 miles. He holds a Class A CDL 
from Illinois. His driving record for the last 3 years shows no crashes 
and one conviction for a moving violation in a CMV, failure to obey a 
traffic signal.

Richard A. Davis, Sr.

    Mr. Davis, 57, has complete loss of vision in his left eye due to a 
traumatic injury sustained as a child. The visual acuity in his right 
eye is 20/20. Following an examination in 2006, his optometrist noted, 
``I feel Mr. Davis has sufficient vision to perform the driving task of 
a commercial vehicle with the restriction of passenger and driver side 
mirrors.'' Mr. Davis reported that he has driven straight trucks for 19 
years, accumulating 760,000 miles. He holds a Class B CDL from 
Illinois. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Thomas E. Dixon

    Mr. Dixon, 43, has a prosthetic left eye due to a traumatic injury 
sustained as a child. The best corrected visual acuity in his right eye 
is 20/20. Following an examination in 2006, his ophthalmologist noted, 
``In my medical opinion, he has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Dixon 
reported that he has driven straight trucks for 15 years, accumulating 
622,500 miles. He holds a Class B CDL from Michigan. His driving record 
for the last 3 years shows no crashes and one conviction for a moving 
violation, speeding in a CMV. He exceeded the speed limit by 15 mph.

Robin C. Duckett

    Mr. Duckett, 51, has complete loss of vision in his left eye due to 
phthisis bulbi, secondary to probable congenital inflammation. The 
visual acuity in his right eye is 20/20. Following an examination in 
2007, his ophthalmologist noted, ``Because the poor vision in his left 
eye was present at birth, Mr. Duckett has adjusted and developed 
monocular cues allowing him to function similarly to individuals with 
regular binocular vision. He does not have difficulty judging distance. 
He has apparently been a very safe driver. I think he should be 
considered for a waiver concerning truck driving certification limited 
by poor vision in one eye.'' Mr. Duckett reported that he has driven 
tractor-trailer combinations for 31 years, accumulating 1.4 million 
miles. He holds a Class A CDL from South Carolina. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Steven C. Durst

    Mr. Durst, 56, has complete loss of vision in his left eye due to a 
corneal scar resulting from a traumatic injury sustained as a child. 
The visual acuity in his right eye is 20/20. Following an examination 
in 2007, his optometrist noted, ``Mr. Durst has had poor visual acuity 
in his left eye since the age of thirteen and has performed the tasks 
of driving a commercial vehicle for some time without change in his 
visual status. I believe, based on the results of this examination, 
that he has sufficient visual capabilities to continue to do so.'' Mr. 
Durst reported that he has driven straight trucks for 2 years, 
accumulating 2,000 miles, and tractor-trailer combinations for 30 
years, accumulating 2 million miles. He holds a Class A CDL from Ohio. 
His driving record for the last 3 years shows no crashes and two 
convictions for moving violations, one for an improper turn in a CMV 
and one for speeding in a CMV. He exceeded the speed limit by 11 mph.

Marco A. Esquivel

    Mr. Esquivel, 46, has loss of vision in his left eye due to a 
traumatic injury sustained as a child. The visual acuity in his right 
eye is 20/20 and in the left, 20/150. Following an examination in 2006, 
his optometrist noted, ``I certify that Mr. Esquivel has sufficient 
vision to perform driving tasks required to operate a commercial 
vehicle.'' Mr. Esquivel reported that he has driven straight trucks for 
9 years, accumulating 198,000 miles, and tractor-trailer combinations 
for 7 years, accumulating 210,000 miles. He holds a Class C operator's 
license from California. His driving record for the last 3 years shows 
one crash and no convictions for moving violations in a CMV.

Charles D. Grady

    Mr. Grady, 45, has a retinal scar on his left eye due to a 
traumatic injury sustained as a child. The best corrected visual acuity 
in his right eye is 20/15 and in the left, 20/400. Following an 
examination in 2006, his optometrist noted, ``I certify that Mr. 
Grady's visual deficiency is stable and that he has adequate vision and 
visual fields to drive tractor-trailers.'' Mr. Grady reported that he 
has driven straight trucks for 5 years, accumulating 25,000 miles, and 
tractor-trailer combinations for 20 years, accumulating 2 million 
miles. He holds a Class C operator's license from Georgia. His driving 
record for the last 3 years shows no crashes and

[[Page 39882]]

no convictions for moving violations in a CMV.

Paul L. Graunstadt

    Mr. Graunstadt, 62, has had amblyopia in his left eye since birth. 
The best corrected visual acuity in his right eye is 20/20 and in the 
left, 20/400. Following an examination in 2007, his optometrist noted, 
``In summary, my professional opinion is Mr. Graunstadt has sufficient 
vision to perform driving tasks as required to operate a commercial 
vehicle.'' Mr. Graunstadt reported that he has driven straight trucks 
for 38 years, accumulating 1.3 million miles. He holds a Class C 
chauffeur's license from Michigan. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Danny R. Gray

    Mr. Gray, 41, has loss of vision in his right eye due to a 
spontaneous retinal detachment in 1996. The best corrected visual 
acuity in his right eye is count-finger vision and in the left, 20/15. 
Following an examination in 2007, his optometrist noted, ``In my 
professional opinion, Mr. Gray does have sufficient vision to perform 
the driving tasks required to operate a commercial vehicle as his left 
eye has vision correctable to 20/15.'' Mr. Gray reported that he has 
driven straight trucks for 11 years, accumulating 165,000 miles, and 
tractor-trailer combinations for 8 years, accumulating 136,000 miles. 
He holds a Class D operator's license from Oklahoma. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Louis E. Henry, Jr.

    Mr. Henry, 52, has had amblyopia in his left eye since childhood. 
The best corrected visual acuity in his right eye is 20/20 and in the 
left, 20/200. Following an examination in 2007, his optometrist noted, 
``Visually able to operate commercial vehicle.'' Mr. Henry reported 
that he has driven straight trucks for 7 years, accumulating 350,000 
miles, and tractor trailer combinations for 3 months, accumulating 
5,000 miles. He holds a Class A CDL from Kentucky. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Raymond L. Herman

    Mr. Herman, 23, has had amblyopia in his right eye since birth. The 
visual acuity in his right eye is 20/400 and in the left, 20/20. 
Following an examination in 2007, his optometrist noted, ``I certify, 
in my medical opinion, that Mr. Herman has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Herman reported that he has driven straight trucks for 4 years, 
accumulating 140,000 miles. He holds a Class B 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, failure to obey a traffic device.

Jesse R. Hillhouse, Jr.

    Mr. Hillhouse, 40, has had amblyopia in his left eye since birth. 
The best corrected visual acuity in his right eye is 20/25 and in the 
left, 20/70. Following an examination in 2007, his optometrist noted, 
``It is my opinion that with corrective lenses, Mr. Hillhouse does have 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Hillhouse reported that he has driven 
straight trucks for 31/2 years, accumulating 136,500 miles. He holds a 
Class B CDL from Oklahoma. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Billy R. Holdman

    Mr. Holdman, 49, has loss of vision in his left eye due to a 
central retinal vein occlusion since 2000. The visual acuity in his 
right eye is 20/20 and in the left, 20/80. Following an examination in 
2007, his ophthalmologist noted, ``In my opinion, he has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Holdman reported that he has driven straight trucks for 
19 years, accumulating 570,000 miles, and tractor-trailer combinations 
for 10 years, accumulating 52,000 miles. He holds a Class A CDL from 
Illinois. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Marshall L. Jackson

    Mr. Jackson, 49, has had constant alternating exotropia since 
birth. The best corrected visual acuity in his right eye is 20/25 and 
in the left, 20/20. Due to his condition, Mr. Jackson lacks binocular 
vision. Following an examination in 2007, his optometrist noted, ``It 
is my opinion that this patient's safe operation of a commercial 
vehicle would not be hindered by his visual status.'' Mr. Jackson 
reported that he has driven straight trucks for 23 years, accumulating 
1.5 million miles, and tractor-trailer combinations for 1 year, 
accumulating 15,000 miles. He holds a Class A CDL from Texas. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Ray C. Johnson

    Mr. Johnson, 47, has a prosthetic right eye due to a traumatic 
injury sustained in 1999. The visual acuity in his left eye is 20/20. 
Following an examination in 2006, his ophthalmologist noted, ``In my 
opinion, even though the patient only has one eye, he has sufficient 
vision to perform the driving tests required to operate a commercial 
vehicle.'' Mr. Johnson reported that he has driven straight trucks for 
6 years, accumulating 420,000 miles, and tractor-trailer combinations 
for 15 years, accumulating 1.2 million miles. He holds a Class A CDL 
from Arkansas. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Terry R. Jones

    Mr. Jones, 33, has had amblyopia in his left eye since birth. The 
best corrected visual acuity in his right eye is 20/20 and in the left, 
20/60. Following an examination in 2007, his optometrist noted, ``I 
certainly believe that Mr. Jones has sufficient vision to operate a 
commercial vehicle.'' Mr. Jones reported that he has driven straight 
trucks for 10 years, accumulating 343,000 miles. He holds a Class A CDL 
from Missouri. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Randall H. Keil

    Mr. Keil, 54, has loss of vision in his left eye due to an episode 
of papillitis that occurred in 1999. The best corrected visual acuity 
in his right eye is 20/20 and in the left, 20/30. The horizontal field 
of vision in his right eye is 110 degrees and in the left, 35 degrees. 
Following an examination in 2006, his optometrist noted, ``Based on my 
findings, I feel that his patient has sufficient vision to perform the 
driving tests required to operate a commercial vehicle.'' Mr. Keil 
reported that he has driven straight trucks for 29 years, accumulating 
100,050 miles. He holds a Class C operator's license from California. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Gregory K. Lilly

    Mr. Lilly, 46, has loss of vision in his left eye due to a 
traumatic injury sustained in 2002. The visual acuity in his right eye 
is 20/20 and in the left, 20/200. Following an examination in 2007, his 
ophthalmologist noted, ``He has

[[Page 39883]]

been working as a commercial driver since his injury. I am confident he 
has sufficient vision to perform his driving tasks.'' Mr. Lilly 
reported that he has driven straight trucks for 5 years, accumulating 
125,000 miles, and tractor-trailer combinations for 24 years, 
accumulating 1.8 million miles. He holds a Class A CDL from West 
Virginia. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Paul G. Mathes

    Mr. Mathes, 59, has loss of vision in his left eye due to a focal 
thermal injury sustained in 1991. The best corrected visual acuity in 
his right eye is 20/20 and in the left, 20/50. Following an examination 
in 2007, his optometrist noted, ``It is my judgment that Mr. Paul 
Graham Mathes has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Mathes reported that he 
has driven straight trucks for 10 years, accumulating 45,000 miles, and 
tractor trailer combinations for 10 years, accumulating 500,000 miles. 
He holds a Class A CDL from Washington. His driving record for the last 
3 years shows no crashes and no convictions for moving violations in a 
CMV.

John T. McWilliams

    Mr. McWilliams, 49, has had amblyopia in his left eye since birth. 
The best corrected visual acuity in his right eye is 20/20 and in the 
left, 20/60. Following an examination in 2007, his optometrist noted, 
``In my opinion, John has sufficient vision to operate a commercial 
vehicle as he has for many years.'' Mr. McWilliams reported that he has 
driven straight trucks for 32 years, accumulating 640,000 miles. He 
holds a Class C operator's license from Iowa. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Robert A. Miller

    Mr. Miller, 60, has had amblyopia in his left eye since childhood. 
The best corrected visual acuity in his right eye is 20/20 and in the 
left, 20/60. Following an examination in 2006, his optometrist noted, 
``Mr. Miller does have sufficient vision to safely operate a commercial 
vehicle, subject, of course, to Kentucky driver qualification 
requirements.'' Mr. Miller reported that he has driven tractor-trailer 
combinations for 34 years, accumulating 5 million miles. He holds a 
Class A CDL from Kentucky. His driving record for the last 3 years 
shows one crash and one conviction for a moving violation, speeding in 
a CMV. He exceeded the speed limit by 11 mph.

Rodney R. Miller

    Mr. Miller, 49, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/20 and in the left, 20/200. 
Following an examination in 2007, his optometrist noted, ``In my 
opinion, Mr. Miller has sufficient vision to operate a commercial 
vehicle.'' Mr. Miller reported that he has driven straight trucks for 
33 years, accumulating 3 million miles, and tractor-trailer 
combinations for 33 years, accumulating 3 million miles. He holds a 
Class A CDL from Pennsylvania. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Stuart T. Miller

    Mr. Miller, 46, has a prosthetic left eye due to a traumatic injury 
sustained as a child. The best corrected visual acuity in his right eye 
is 20/20. Following an examination in 2007, his ophthalmologist noted, 
``Mr. Miller's vision is stable and in my opinion his vision is 
sufficient to perform the driving tests required to operate a 
commercial vehicle.'' Mr. Miller reported that he has driven straight 
trucks for 25 years, accumulating 500,000 miles, and tractor-trailer 
combinations for 25 years, accumulating 2.5 million miles. He holds a 
Class A CDL from Florida. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

James J. Mitchell

    Mr. Mitchell, 45, has complete loss of vision in his right eye due 
to optic atrophy from a traumatic cataract sustained in 2003. The 
visual acuity in his left eye is 20/20. Following an examination in 
2007, his optometrist noted, ``In my opinion, Mr. Mitchell has 
sufficient vision to operate a commercial vehicle.'' Mr. Mitchell 
reported that he has driven tractor-trailer combinations for 20 years, 
accumulating 2.5 million miles. He holds a Class A CDL from North 
Carolina. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Terry W. Moore

    Mr. Moore, 46, has complete loss of vision in his right eye due to 
amblyopia since birth. The visual acuity in his left eye is 20/20. 
Following an examination in 2006, his optometrist noted, ``In my 
opinion, Mr. Moore has sufficient vision to operate a commercial 
vehicle.'' Mr. Moore reported that he has driven straight trucks for 3 
years, accumulating 45,000 miles. He holds a Class D chaffeur's license 
from Louisiana. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Arnold R. Moreland

    Mr. Moreland, 44, has had amblyopia in his left eye since birth. 
The best corrected visual acuity in his right eye is 20/20 and in the 
left, 20/400. Following an examination in 2006, his optometrist noted, 
``I certify in my medical opinion that Mr. Moreland has sufficient 
vision to perform driving tasks required to operate a commercial 
vehicle.'' Mr. Moreland reported that he has driven straight trucks for 
7 years, accumulating 504,000 miles, and tractor-trailer combinations 
for 5 years, accumulating 150,000 miles. He holds a Class A CDL from 
Virginia. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Andrew M. Nurnberg

    Mr. Nurnberg, 35, has complete loss of vision in his right eye due 
to optic nerve atrophy resulting from a traumatic injury sustained as a 
child. The visual acuity in his left eye is 20/20. Following an 
examination in 2007, his optometrist noted, ``I, Dr. Scott A Baylard, 
feel in my medical opinion that he has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Miller 
reported that he has driven straight trucks for 7\1/2\ years, 
accumulating 450,000 miles. He holds a Class C operator's license from 
Georgia. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Raymond K. Ochse

    Mr. Ochse, 53, has loss of vision in his left eye due to strabismus 
since childhood. The visual acuity in his right eye is 20/20 and in the 
left, 20/60. Following an examination in 2007, his ophthalmologist 
noted, ``In my opinion, I do not feel that there is any ocular reason 
for the patient not to be able to drive any vehicle, commercial or 
otherwise.'' Mr. Ochse reported that he has driven straight trucks for 
2 years, accumulating 60,000 miles, and tractor-trailer combinations 
for 32 years, accumulating 1.9 million miles. He holds a Class A CDL 
from New Jersey. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

[[Page 39884]]

Charles D. Oestreich

    Mr. Oestreich, 44, had enucleation of his right eye due to cancer 
in 2003. The best corrected visual acuity in his left eye is 20/20. 
Following an examination in 2007, his ophthalmologist noted, ``In my 
medical opinion, Mr. Oestrich has sufficient vision to perform the 
driving tests required to operate a commercial vehicle.'' Mr. Oestreich 
reported that he has driven straight trucks for 14 years, accumulating 
770,000 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 13 
mph.

Robert G. Owens

    Mr. Owens, 60, has had amblyopia in his left eye since childhood. 
The best corrected visual acuity in his right eye is 20/20 and in the 
left, 20/100. Following an examination in 2006, his optometrist noted, 
``In my opinion, Mr. Owens has sufficient vision, with his glasses on, 
to operate a commercial vehicle.'' Mr. Owens reported that he has 
driven straight trucks for 30 years, accumulating 1.5 million miles, 
tractor-trailer combinations for 30 years, accumulating 2.3 million 
miles, and buses for 3 years, accumulating 45,000 miles. He holds a 
Class A CDL from Kentucky. His driving record for the last 3 years 
shows one crash and no convictions for moving violations in a CMV.

Kenneth R. Pedersen

    Mr. Pedersen, 69, has loss of vision in his right eye due to a 
macular hole sustained in 2001. The best corrected visual acuity in his 
right eye is 20/200 and in the left, 20/20. Following an examination in 
2006, his ophthalmologist noted, ``It is my medical opinion that Mr. 
Pedersen has sufficient vision to perform driving tasks required for a 
commercial vehicle.'' Mr. Pedersen reported that he has driven straight 
trucks for 46 years, accumulating 230,000 miles. He holds a Class B CDL 
from Montana. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Joshua R. Perkins

    Mr. Perkins, 25, has loss of vision in his left eye due to a 
retinal detachment as a result of a traumatic injury sustained as a 
child. The visual acuity in his right eye is 20/20 and in the left, 20/
400. Following an examination in 2007, his ophthalmologist noted, ``I 
see no reason why he would not be able to operate a commercial 
vehicle.'' Mr. Perkins reported that he has driven straight trucks for 
10 years, accumulating 150,000 miles, and tractor-trailer combinations 
for 7 years, accumulating 49,000 miles. He holds a Class D operator's 
license from Idaho. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Donald F. Plouf

    Mr. Plouf, 60, has loss of vision in his right eye due to a retinal 
detachment resulting from a traumatic injury sustained over 30 years 
ago. The best corrected visual acuity in his right eye is 20/400 and in 
the left, 20/20. Following an examination in 2007, his ophthalmologist 
noted, ``It is my medical opinion that he has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Plouf reported that he has driven tractor-trailer combinations for 
17 years, accumulating 2.3 million miles. He holds a Class A CDL from 
Florida. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Willie L. Ponders

    Mr. Ponders, 79, has loss of vision in his left eye since a 
traumatic injury sustained approximately 30 years ago. The best 
corrected visual acuity in his right eye is 20/20 and in the left, 20/
60. Following an examination in 2007, his optometrist noted, ``Mr. 
Ponders has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Ponders reported that he has driven 
straight trucks for 50 years, accumulating 1.2 million miles, and 
tractor-trailer combinations for 10 years, accumulating 1 million 
miles. He holds a Class C operator's license from Georgia. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Eligio M. Ramirez

    Mr. Ramirez, 41, has loss of vision in his left eye due to 
neovascular glaucoma since 1994. The best corrected visual acuity in 
his right eye is 20/20 and in the left, light perception. Following an 
examination in 2006, his ophthalmologist noted, ``I certify that in my 
medical opinion he has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Ramirez reported that 
he has driven tractor-trailer combinations for 13 years, accumulating 
1.9 million miles. He holds a Class A CDL from Texas. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Victor C. Richert

    Mr. Richert, 61, has loss of vision in his left eye due to a 
traumatic injury sustained as a child. The best corrected visual acuity 
in his right eye is 20/20 and in the left, 20/400. Following an 
examination in 2007, his optometrist noted, ``There is no limitation on 
my exam to prevent Mr. Richert from successfully operating a commercial 
vehicle.'' Mr. Richert reported that he has driven straight trucks for 
43 years, accumulating 430,000 miles, and tractor-trailer combinations 
for 43 years, accumulating 2.6 million miles. He holds a Class A CDL 
from Oregon. His driving record for the last 3 years shows no crashes 
and one conviction for a moving violation, following too closely in a 
CMV.

Elvis E. Rogers, Jr.

    Mr. Rogers, 34, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/20 and in the left, 20/200. 
Following an examination in 2007, his optometrist noted, ``I, Guy R. 
Beavers, O.D., feel that in my medical opinion, Elvis Rogers has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Rogers reported that he has driven straight 
trucks for 2 years, accumulating 97,800 miles, and tractor-trailer 
combinations for 7 years, accumulating 944,400 miles. He holds a Class 
A CDL from Texas. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Garry L. Rogers

    Mr. Rogers, 58, has had amblyopia in his left eye since childhood. 
The best corrected visual acuity in his right eye is 20/20 and in the 
left, 20/150. Following an examination in 2006, his optometrist noted, 
``In my opinion, Mr. Rogers has sufficient vision to drive a commercial 
vehicle.'' Mr. Rogers reported that he has driven straight trucks for 2 
years, accumulating 23,500 miles, and tractor-trailer combinations for 
9 years, accumulating 744,993 miles. He holds a Class A CDL from 
Colorado. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Craig R. Saari

    Mr. Saari, 45, has had amblyopia in his left eye since childhood. 
The best corrected visual acuity in his right eye is 20/20 and in the 
left, 20/60. Following an examination in 2007, his ophthalmologist 
noted, ``I do not feel

[[Page 39885]]

that this visual deficiency in his left eye would prevent him from 
successfully operating a commercial vehicle.'' Mr. Saari reported that 
he has driven tractor-trailer combinations for 21 years, accumulating 
945,000 miles. He holds a Class A CDL from Minnesota. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Jerry L. Schroder

    Mr. Schroder, 65, has a prosthetic left eye due to a traumatic 
injury sustained as a child. The visual acuity in his right eye is 20/
20. Following an examination in 2007, his optometrist noted, ``His 
visual acuity plus his total degree of remaining visual field for his 
right eye would indicate to me he has sufficient vision to perform 
driving tasks that might be required to operate a commercial vehicle.'' 
Mr. Schroder reported that he has driven straight trucks for 15 years, 
accumulating 750,000 miles, and tractor-trailer combinations for 40 
years, accumulating 3 million miles. He holds a Class A CDL from 
Illinois. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Gerald J. Shamla

    Mr. Shamla, 66, has had amblyopia in his left eye since childhood. 
The best corrected visual acuity in his right eye is 20/20 and in the 
left, count-finger vision. Following an examination in 2007, his 
ophthalmologist noted, ``In my opinion, the patient's visual 
functioning is stable and there is no reason to believe that this 
patient would have any difficulty performing the driving tasks required 
to operate a commercial motor vehicle in interstate commerce.'' Mr. 
Shamla reported that he has driven straight trucks for 47 years, 
accumulating 549,900 miles. He holds a Class A CDL from Minnesota. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Willie C. Smith

    Mr. Smith, 58, has had amblyopia in his left eye since childhood. 
The best corrected visual acuity in his right eye is 20/20 and in the 
left, 20/60. Following an examination in 2007, his optometrist noted, 
``His vision in the right eye is fully correctable and his peripheral 
field of vision is within normal limits and should be more than 
adequate for commercial vehicle driving/operating.'' Mr. Smith reported 
that he has driven tractor-trailer combinations for 38 years, 
accumulating 4.6 million miles. He holds a Class A CDL from Florida. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Lanny R. Spears

    Mr. Spears, 59, has a retinal scar in his left eye due to a 
traumatic injury sustained 34 years ago. The best corrected visual 
acuity in his right eye is 20/20 and in the left, 20/200. Following an 
examination in 2006, his optometrist noted, ``In my opinion, Mr. Spears 
is able to see well enough to operate a commercial vehicle without 
glasses.'' Mr. Spears reported that he has driven tractor-trailer 
combinations for 20 years, accumulating 2 million miles. He holds a 
Class A CDL from Mississippi. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Lawrence E. Stabeno

    Mr. Stabeno, 58, has had amblyopia in his left eye since childhood. 
The best corrected visual acuity in his right eye is 20/20 and in the 
left, 20/200. Following an examination in 2007, his optometrist noted, 
``I feel that he has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Stabeno reported that 
he has driven straight trucks for 19 years, accumulating 779,000 miles, 
and tractor-trailer combinations for 9 years, accumulating 156,600 
miles. He holds a Class A CDL from Texas. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Larry D. Steiner

    Mr. Steiner, 49, has loss of vision in his left eye due to a 
traumatic injury sustained in 2001. The best corrected visual acuity in 
his right eye is 20/15 and in the left, 20/400. Following an 
examination in 2007, his optometrist noted, ``I certify, in my opinion, 
that Mr. Steiner has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Steiner reported that 
he has driven tractor-trailer combinations for 22 years, accumulating 
1.2 million miles. He holds a Class A CDL from Minnesota. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Robert S. Swaen

    Mr. Swaen, 37, has optic nerve damage in his left eye due to a 
traumatic injury sustained in 1997. The visual acuity in his right eye 
is 20/20 and in the left, 20/60. Following an examination in 2007, his 
ophthalmologist noted, ``The patient has normal vision fields and in my 
opinion Mr. Swaen has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Swaen reported that he 
has driven straight trucks for 15 years, accumulating 1.2 million 
miles. He holds a Class B CDL from Wyoming. 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.

Robert L. Thies

    Mr. Thies, 48, has loss of vision in his right eye due to myopia 
since childhood. The best corrected visual acuity in his right eye is 
20/200 and in the left, 20/20. Following an examination in 2006, his 
ophthalmologist noted, ``In my opinion, Mr. Thies does have sufficient 
vision to operate a commercial vehicle.'' Mr. Thies reported that he 
has driven straight trucks for 25 years, accumulating 1.3 million 
miles, and tractor-trailer combinations for 25 years, accumulating 2.5 
million miles. He holds a Class A CDL from Indiana. 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.

David R. Thomas

    Mr. Thomas, 44, has complete loss of vision in his left eye due to 
a traumatic injury sustained in 1983. The visual acuity in his right 
eye is 20/20. Following an examination in 2007, his optometrist noted, 
``In my medical opinion, he has sufficient vision to perform the 
driving task required to operate a commercial vehicle.'' Mr. Thomas 
reported that he has driven straight trucks for 26 years, accumulating 
520,000 miles. He holds a Class B CDL from Alabama. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violation in a CMV.

Anthony T. Truiolo

    Mr. Truiolo, 38, has complete loss of vision in his left eye due to 
a traumatic injury sustained as a child. The best corrected visual 
acuity in his right eye is 20/15. Following an examination in 2007, his 
ophthalmologist noted, ``In my opinion, Mr. Truiolo has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Truiolo reported that he has driven straight trucks for 
4\1/2\ years, accumulating 12,600 miles. He holds a Class D operator's 
license from Connecticut. His driving record for the last 3 years shows 
no crashes and no

[[Page 39886]]

convictions for moving violations in a CMV.

Gregory A. VanLue

    Mr. VanLue, 45, has a prosthetic left eye due to a traumatic injury 
sustained as a child. The best corrected visual acuity in his right eye 
is 20/15. Following an examination in 2007, his ophthalmologist noted, 
``It is my professional opinion that he be considered for a waiver to 
continue to drive commercially as requested.'' Mr. VanLue reported that 
he has driven straight trucks for 8 years, accumulating 83,200 miles. 
He holds a Class D operator's license from Florida. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Karl A. Weinert

    Mr. Weinert, 48, has loss of vision in his right eye due to acute 
multifocal plaquoid pigment epitheliopathy in 1993. The best corrected 
visual acuity in his right eye is 20/100 and in the left, 20/20. 
Following an examination in 2007, his ophthalmologist noted, ``It is my 
medical opinion that Karl Weinert has sufficient vision to perform 
driving tasks required to operate any commercial vehicle.'' Mr. Weinert 
reported that he has driven straight trucks for 21 years, accumulating 
945,000 miles. He holds a Class A CDL from New York. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violation in a CMV.

Ricky L. Wiginton

    Mr. Wiginton, 39, has loss of vision in his right eye due to a 
traumatic injury sustained as a child. The best corrected visual acuity 
in his right eye is hand-movement vision and in the left, 20/20. 
Following an examination in 2006, his ophthalmologist noted, ``At this 
time his visual acuity is stable, and he has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle as 
long as he meets the criteria that you have set forth for allowing him 
to do so.'' Mr. Wiginton reported that he has driven straight trucks 
for 12 years, accumulating 1.2 million miles, and tractor-trailer 
combinations for 8 years, accumulating 880,000 miles. He holds a Class 
A CDL from Texas. 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 8 mph.

Kevin W. Wunderlin

    Mr. Wunderlin, 51, has loss of vision in his left eye due to a 
retinal detachment sustained in 1977. The best corrected visual acuity 
in his right eye is 20/20 and in the left, 20/60. Following an 
examination in 2007, his optometrist noted, ``In my opinion, Mr. Kevin 
Wunderlin is able to operate a commercial vehicle (as he has in Ohio 
the past year with this condition) and as he has done the past 20 years 
since his retinal detachment in the left eye.'' Mr. Wunderlin reported 
that he has driven straight trucks for 5 years, accumulating 125,000 
miles, and tractor-trailer combinations for 15 years, accumulating 1.1 
million miles. He holds a Class A CDL from Ohio. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests 
public comment from all interested persons on the exemption petitions 
described in this notice. The Agency will consider all comments 
received before the close of business August 20, 2007. Comments will be 
available for examination in the docket at the location listed under 
the ADDRESSES section of this notice. The Agency will file comments 
received after the comment closing date in the public docket, and will 
consider them to the extent practicable. In addition to late comments, 
FMCSA will also continue to file, in the public docket, relevant 
information that becomes available after the comment closing date. 
Interested persons should monitor the public docket for new material.

    Issued on: July 13, 2007,
Pamela M. Pelcovits,
Acting Associate Administrator for Policy and Program Development.
 [FR Doc. E7-14034 Filed 7-19-07; 8:45 am]
BILLING CODE 4910-EX-P