[Federal Register: July 20, 2007 (Volume 72, Number 139)]
[Notices]
[Page 39879-39886]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jy07-103]
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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: http://dmses.dot.gov/submit. Follow the
instructions for submitting comments on the DOT electronic docket site.
Fax: 1-202-493-2251.
Mail: Docket Management Facility; U.S. Department of
Transportation, 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 http://www.regulations.gov.
Follow the online instructions for submitting
comments.
Instructions: All submissions must include the Agency name and
docket number for this notice. Note that all comments received will be
posted without change to http://dms.dot.gov including any personal
information provided. Please see the Privacy Act heading for further
information.
Docket: For access to the docket to read background documents or
comments received, go to http://dms.dot.gov at any time or Room 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 http://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