Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Notices 57353 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2005–22194] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of applications for 

exemption from the vision standard; 

request for comments. 

SUMMARY: This notice publishes 

FMCSA’s receipt of applications from 

49 individuals for an exemption 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 vision standard prescribed in 49 

CFR 391.41(b)(10). 

DATES: Comments must be received on 

or before October 31, 2005. 

ADDRESSES: You may submit comments 

identified by any of the following 

methods. Please identify your comments 

by the DOT DMS Docket Number 

FMCSA–2005–21254. 

• Web site: http://dms.dot.gov. 

Follow the instructions for submitting 

comments on the DOT electronic docket 

site. 

• Fax: 1–202–493–2251. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

0001. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

Instructions: All submissions must 

include the agency name and docket 

number for this notice. For detailed 

instructions on submitting comments 

and additional information on the 

rulemaking process, see the Public 

Participation heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. Note that all comments 

received will be posted without change 

to http://dms.dot.gov, including any 

personal information provided. Please 

see the Privacy Act heading under 

Regulatory Notices. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

dms.dot.gov at any time or to Room PL–

401 on the plaza level of the Nassif 

Building, 400 Seventh Street, SW., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Mary D. Gunnels, Office of Bus and 

Truck Standards and Operations, (202) 

366–4001, FMCSA, Department of 

Transportation, 400 Seventh Street, 

SW., Washington, DC 20590–0001. 

Office hours are from 8 a.m. to 5 p.m., 

e.t., Monday through Friday, except 

Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Public Participation: The DMS is 

available 24 hours each day, 365 days 

each year. You can get electronic 

submission and retrieval help 

guidelines under the ‘‘help’’ section of 

the DMS Web site. If you want us to 

notify you that we received your 

comments, please include a selfaddressed, stamped envelope or 

postcard or print the acknowledgement 

page that appears after submitting 

comments on-line. 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review the Department of 

Transportation’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78) or you 

may visit http://dms.dot.gov. 

Background 

Under 49 U.S.C. 31315 and 31136(e), 

the FMCSA may grant an exemption for 

a 2-year period if it finds ‘‘such 

exemption would likely achieve a level 

of safety that is equivalent to, or greater 

than, the level that would be achieved 

absent such exemption.’’ The statute 

also allows the agency to renew 

exemptions at the end of the 2-year 

period. The 49 individuals listed in this 

notice have recently requested an 

exemption from the vision requirement 

in 49 CFR 391.41(b)(10), which applies 

to drivers of CMVs in interstate 

commerce. Accordingly, the agency will 

evaluate the qualifications of each 

applicant to determine whether granting 

the exemption will achieve the required 

level of safety mandated by the statute. 

Qualifications of Applicants 

Francis M. Anzulewicz 

Mr. Anzulewicz, 54, has had macular 

degeneration in his right eye since 1999. 

The best-corrected visual acuity in his 

right eye is 20/60 and in the left, 20/20. 

His optometrist examined him in 2004 

and noted, ‘‘In my opinion, Francis 

Anzulewicz has sufficient vision to 

perform the driving tasks required for 

commercial vehicles.’’ Mr. Anzulewicz 

reported that he has driven straight 

trucks for 27 years, accumulating 

540,000 miles. He holds a Class B CDL 

with a motorcycle endorsement from 

Connecticut. His driving record for the 

last 3 years shows no crashes or 

convictions for moving violations in a 

CMV. 

James S. Ayers 

Mr. Ayers, 45, has amblyopia in his 

right eye. The best-corrected visual 

acuity in his right eye is 20/200 and in 

the left, 20/30. His ophthalmologist 

examined him in 2004 and noted, ‘‘In 

my opinion, you would appear to have 

sufficient vision to allow you to drive a 

light commercial vehicle.’’ Mr. Ayers 

reported that he has driven straight 

trucks for 14 years, accumulating 36,000 

miles. He holds a Class C CDL with a 

motorcycle endorsement from Georgia. 

His driving record for the last 3 years 

shows no crashes or convictions for 

moving violations in a CMV. 

Bruce Barrett 

Mr. Barrett, 59, has amblyopia in his 

left eye since age 3. His visual acuity in 

the right eye is 20/25 and in the left, 

light perception. Following an 

examination in 2005, his optometrist 

noted, ‘‘Mr. Barrett has sufficient visual 

function to continue to perform the 

driving tasks required to safely operate 

a commercial vehicle.’’ Mr. Barrett 

reported that he has driven straight 

trucks for 38 years, accumulating 1.0 

million miles. He holds a Class B CDL 

from West Virginia. His driving record 

for the last 3 years shows no crashes or 

convictions for moving violations in a 

CMV. 

Norm Braden 

Mr. Braden, 59, has a prosthetic right 

eye due to an injury he obtained in 

1965. His visual acuity in the left eye is 

20/20. Following an examination in 

2005, his ophthalmologist noted, ‘‘In my 

medical opinion, he has sufficient 

vision to perform the driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Braden reported that he 

has driven straight trucks for 18 years, 

accumulating 450,000 miles, and 

tractor-trailer combinations for 18 years, 

accumulating 180,000 miles. He holds a 

Class A CDL from Colorado. His driving 

record for the last 3 years shows one 

crash and no convictions for a moving 

violation in a CMV. According to the 

police report, as Mr. Braden attempted 

to make a right hand turn, the trailer 

struck a stop sign. Mr. Braden was not 

cited. 

57354 Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Notices 

Levi A. Brown 

Mr. Brown, 53, is blind in his right 

eye due to a childhood injury. The bestcorrected visual acuity in his left eye is 

20/20. Following an examination in 

2005, his optometrist noted, ‘‘It is my 

opinion that he should be able to 

operate the commercial vehicles that he 

has been operating many years now.’’

Mr. Brown reported that he has driven 

straight trucks for 30 years, 

accumulating 60,000 miles, and tractortrailer combinations for 17 years, 

accumulating 85,000 miles. He holds a 

Class A CDL from Montana. His driving 

record for the last 3 years shows no 

crashes or convictions for moving 

violations in a CMV. 

Henry L. Chastain 

Mr. Chastain, 56, lost vision in the left 

eye due to an injury. His best-corrected 

visual acuity in the right eye is 20/20 

and in the left, hand motions. Following 

an examination in 2005, his optometrist 

noted, ‘‘It is my opinion that he has 

sufficient vision to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Chastain reported that he 

has driven straight trucks for 35 years, 

accumulating 1.7 million miles, and 

tractor-trailer combinations for 12 years, 

accumulating 600,000 miles. He holds a 

Class A CDL from Georgia. His driving 

record for the last 3 years shows no 

crashes or convictions for moving 

violation in a CMV. 

Thomas R. Crocker 

Mr. Crocker, 59, has a prosthetic left 

eye due to an injury at age 13. His bestcorrected visual acuity in the left eye is 

20/20. Following an examination in 

2004, his optometrist noted, ‘‘In my 

opinion, Mr. Crocker has sufficient 

vision to perform the driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Crocker reported that he 

has driven straight trucks for 36 years, 

accumulating 360,000 miles, and 

tractor-trailer combinations for 33 years, 

accumulating 990,000 miles. He holds a 

Class D driver’s license from South 

Carolina. His driving record for the last 

3 years shows no crashes or convictions 

for moving violations in a CMV. 

Clint Edwards 

Mr. Edwards, 35, has amblyopia in his 

right eye since birth. His best-corrected 

visual acuity in the right eye is 20/400 

and in the left, 20/15. Following an 

examination in 2005, his optometrist 

noted, ‘‘I feel he does have sufficient 

vision to perform the vision driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Edwards reported that he 

has driven tractor-trailer combinations 

for 5 years, accumulating 459,000 miles. 

He holds a Class O driver’s license from 

Nebraska. His driving record for the last 

3 years shows one crash and no 

convictions for moving violations in a 

CMV. According to the reporting officer, 

while Mr. Edwards was attempting to 

make a left turn, his tractor-trailer 

collided with another vehicle due to 

snowy road conditions. Neither Mr. 

Edwards nor the driver of the other 

vehicle was cited in connection with the 

crash 

Neil G. Finegan, Jr. 

Mr. Finegan, 37, has a congenital 

cataract in his right eye. At age 5 he 

underwent cataract surgery with 

insertion of an intraocular lens implant. 

The best-corrected visual acuity in his 

right eye is light perception and in the 

left, 20/15. His optometrist examined 

him in 2005 and noted, ‘‘In my medical 

opinion Neil has sufficient vision to 

perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Finegan reported that he has driven 

straight trucks for 18 years, 

accumulating 720,000 miles, and 

tractor-trailer combinations for 18 years, 

accumulating 900,000 miles. He holds a 

chauffeur Class CA CDL from Michigan. 

Mr. Finegan’s driving record for the last 

3 years shows one crash and no 

convictions for moving violations in a 

CMV. Mr. Finegan’s vehicle was struck 

by another truck that entered his lane. 

The truck’s driver had fallen from his 

truck with the engine running and in 

gear. The other driver was found at fault 

for negligent operation of a vehicle. 

Neither driver was cited. 

Gerald W. Fox 

Mr. Fox, 59, has prosthetic left eye 

due to trauma incurred on December 23, 

2001. The visual acuity in his right eye 

is 20/20. His optometrist examined him 

in 2005 and noted, ‘‘Mr. Fox’s visual 

condition is stable and is sufficient to 

allow him to operate a commercial 

vehicle without restrictions.’’ Mr. Fox 

reported that he has driven tractortrailer combinations for 34 years, 

accumulating 3.0 million miles. He 

holds a Class A CDL with a motorcycle 

endorsement from Pennsylvania. His 

driving record for the last 3 years shows 

no crashes or convictions for moving 

violations in a CMV. 

Ronald Fultz 

Mr. Fultz, 48, has traumatic 

maculopathy in his right eye since 

January 2002. His visual acuity in the 

right eye is 20/70 and in the left, 20/20. 

Following an examination in 2005, his 

ophthalmologist noted, ‘‘I feel that Mr. 

Fultz can still operate a commercial 

vehicle as he has done so since his 

injury in January 2001.’’ Mr. Fultz 

reported that he has driven straight 

trucks for 7 years, accumulating 1.7 

million miles, and tractor-trailer 

combinations for 18 years, accumulating 

1.6 million miles. He holds a Class A 

CDL with a Class D drivers license 

endorsement from Kentucky. His 

driving record for the last 3 years shows 

no crashes or convictions for moving 

violations in a CMV. 

Henke Galloway 

Mr. Galloway, 29, has a macular hole 

in his right eye due to an injury 12 years 

ago. The visual acuity in his right eye 

is 20/80 and in the left, 20/20. His 

optometrist examined him in 2005 and 

noted, ‘‘I consider Mr. Galloway 

completely qualified for this type of 

driving with no danger to himself or the 

public. It would be my recommendation 

to grant him an interstate driver’s 

license with no restrictions.’’ Mr. 

Galloway reported that he has driven 

straight trucks for 5 years, accumulating 

275,000 miles, and tractor-trailer 

combinations for 7 years, accumulating 

770,000 miles. He holds a Class A CDL 

from Kansas. His driving record for the 

last 3 years shows no crashes or 

convictions for moving violations in a 

CMV. 

Richard L. Gandee 

Mr. Gandee, 49, has reduced visual 

acuity in his left eye due to a macular 

scar. The best-corrected visual acuity in 

his right eye is 20/15 and in the left, 20/ 

50. His optometrist examined him in 

2005 and noted, ‘‘I am of the opinion 

that his vision is sufficient to perform 

the driving tasks required to operate a 

commercial vehicle.’’ Mr. Gandee 

reported that he has driven straight 

trucks for 2 years, accumulating 260,000 

miles, and tractor-trailer combinations 

for 21 years, accumulating 2.5 million 

miles. He holds a Class A CDL from 

Ohio. His driving record for the last 3 

years shows no crashes or convictions 

for moving violations in a CMV. 

Raymond A. Gravel 

Mr. Gravel, 45, has had a retinal 

detachment in his right eye since 1974. 

The best-corrected visual acuity in his 

right eye is 20/400 and in the left, 20/ 

25+. Following an examination in 2005 

his optometrist noted, ‘‘Mr. Gravel has 

sufficient vision with glasses or contact 

lenses to operate a commercial vehicle.’’

Mr. Gravel reported that he has driven 

straight trucks for 5 years, accumulating 

500,000 miles, tractor-trailer 

combinations for 7 years, accumulating 

599,998 miles. He holds a Class A CDL 

from Vermont. His driving record for the 

last 3 years shows no crashes or 

Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Notices 57355 

convictions for moving violations in a 

CMV. 

John C. Holmes 

Mr. Holmes, 54, has amblyopia in his 

right eye since childhood. The bestcorrected visual acuity in his right eye 

is 20/400 and in the left, 20/15. 

Following an examination in 2005 his 

ophthalmologist noted, ‘‘I feel he has 

sufficient vision to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Holmes reported that he 

has driven straight trucks for 13 years, 

accumulating 507,000 miles, tractortrailer combinations for 4 years, 

accumulating 100,000 miles, and buses 

for 2 years, accumulating 18,000 miles. 

He holds a Class B CDL from New York. 

His driving record for the last 3 years 

shows no crashes or convictions for 

moving violations in a CMV. 

John L. Hynes 

Mr. Hynes, 61, has amblyopia in his 

left eye since childhood. His bestcorrected visual acuity in the right eye 

is 20/20 and in the left, 20/400. 

Following an examination in 2005, his 

optometrist noted, ‘‘Mr. Hynes’’ vision 

remains unchanged since childhood 

and/is has been sufficient to perform 

driving tasks for a commercial vehicle.’’

Mr. Hynes reported that he has driven 

straight trucks for 36 years, 

accumulating 360,000 miles, and 

tractor-trailer combinations for 15 years, 

accumulating 75,000 miles. He holds a 

Class A CDL from Illinois. His driving 

record for the last 3 years shows no 

crashes or convictions for moving 

violations in a CMV. 

Kevin Jacoby 

Mr. Jacoby, 38, has amblyopia and 

strabismus in his right eye since 

childhood. The visual acuity in his right 

eye is hand motions and in the left, 20/ 

20. His optometrist examined him in 

2005 and noted, ‘‘In my professional 

opinion, Mr. Jacoby has sufficient vision 

to operate a commercial vehicle.’’ Mr. 

Jacoby reported that he has driven 

straight trucks for 5 years, accumulating 

75,000 miles. He holds a Class D 

driver’s license from New Jersey. His 

driving record for the last 3 years shows 

no crashes or convictions for moving 

violations in a CMV. 

Frank E. Johnson, Jr. 

Mr. Johnson, 30, has had a corneal 

transplant in his left eye due to a 

childhood injury. The best-corrected 

visual acuity in his right eye is 20/20 

and in the left, 20/400. Following an 

examination in 2005, his 

ophthalmologist noted, ‘‘I believe that 

Mr. Johnson does have adequate vision 

to perform the driving tasks required to 

operate this type of commercial 

vehicle.’’ Mr. Johnson reported that he 

has driven straight trucks for 11 years, 

accumulating 68,640 miles. He holds a 

Class C CDL from Florida. His driving 

record for the last 3 years shows no 

crashes or convictions for moving 

violations in a CMV. 

Vladimir Kats 

Mr. Kats, 56, has amblyopia in his left 

eye. His best-corrected visual acuity in 

the right eye is 20/20 and in the left, 

count finger. Following an examination 

in 2005, his optometrist noted, ‘‘In my 

opinion, Mr. Kats has sufficient vision 

to perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. Kats 

reported that he has driven straight 

trucks for 4 years, accumulating 100,000 

miles. He holds a Class C driver’s 

license from North Carolina. His driving 

record for the last 3 years shows no 

crashes or convictions for moving 

violations in a CMV. 

John G. Kaye 

Mr. Kaye, 49, has had retinal 

detachment in his right eye since 1990. 

The best-corrected visual acuity in his 

right eye is 20/200 and in the left, 20/ 

15. His optometrist examined him in 

2005 and noted, ‘‘In my opinion, Mr. 

Kaye is qualified to drive a commercial 

vehicle with his current ocular status.’’

Mr. Kaye reported that he has driven 

straight trucks for 16 years, 

accumulating 160,000 miles. He holds a 

Class B CDL with a motorcycle 

endorsement from Massachusetts. His 

driving record for the last 3 years shows 

no crashes or convictions for moving 

violations in a CMV. 

Alfred Keehn 

Mr. Keehn, 56, has had a prosthetic 

right eye for the past two years. Prior to 

the prosthetic eye, Mr. Keehn has had 

reduced vision since birth in his right 

eye. The best-corrected visual acuity in 

the left eye is 20/20–3. Following an 

examination in 2005, his optometrist 

noted, ‘‘Mr. Keehn has sufficient vision 

to perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Keehn reported that he has driven 

straight trucks for 8 years, accumulating 

200,000 miles, and tractor-trailer 

combinations for 30 years, accumulating 

1.8 million miles. He holds a Class A 

CDL from Arizona. His driving record 

for the last 3 years shows no crashes or 

convictions for moving violations in a 

CMV. 

Richard H. Kind 

Mr. Kind, 43, has a central scar in his 

left eye due to an injury at age 15. His 

best-corrected visual acuity in the right 

eye is 20/15 and in the left, 20/200. 

Following an examination in 2004, his 

optometrist noted, ‘‘It is my opinion that 

with excellent vision in the right eye 

and normal peripheral vision in the left 

eye, Richard does possess sufficient 

visual abilities to operate a commercial 

vehicle.’’ Mr. Kind reported that he has 

driven straight trucks for 15 years, 

accumulating 300,000 miles, and 

tractor-trailer combinations for 15 years, 

accumulating 300,000 miles. He holds a 

Class A CDL from Washington State. His 

driving record for the last 3 years shows 

no crashes or convictions for moving 

violations in a CMV. 

Paul Laffredo, Jr. 

Mr. Laffredo, 63, has macular 

degeneration and posterior vitreous 

detachment in his right eye. His bestcorrected visual acuity in the right eye 

is 20/200 and in the left, 20/20. 

Following an examination in 2005, his 

optometrist noted, ‘‘It is my opinion Mr. 

Laffredo has sufficient vision to operate 

a commercial vehicle at this time.’’ Mr. 

Laffredo reported that he has driven 

buses for 16 years, accumulating 

960,000 miles. He holds a Class B CDL 

with a motorcycle endorsement from 

Pennsylvania. 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. 

Bobby G. LaFleur 

Mr. LaFleur, 48, has esotropia with 

amblyopia in his left eye. His bestcorrected visual acuity in the right eye 

is 20/30 and in the left, 20/80. 

Following an examination in 2005, his 

ophthalmologist noted, ‘‘I believe that 

he can see well enough to perform the 

driving tasks required to operate a 

commercial vehicle.’’ Mr. LaFleur 

reported that he has driven tractortrailer combinations for 28 years, 

accumulating 2.4 million miles. He 

holds a Class A CDL from Louisiana. His 

driving record for the last 3 years shows 

no crashes or convictions for moving 

violations in a CMV. 

Robert S. Larrance 

Mr. Larrance, 56, suffered retinal 

detachment to his right eye with 

surgical repair in April of 2002. His 

best-corrected visual acuity in the right 

eye is hand motions and in the left, 20/ 

20. Following an examination in 2005, 

his ophthalmologist noted, ‘‘My opinion 

is that this individual has sufficient 

vision to drive a commercial vehicle.’’

Mr. Larrance reported that he has driven 

straight trucks for 10 years accumulating 

1.0 million miles, and tractor-trailer 

57356 Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Notices 

combinations for 26 years, accumulating 

3.9 million miles. He holds a Class A 

CDL from Tennessee. His driving record 

for the last 3 years shows no crashes or 

convictions for moving violations in a 

CMV. 

Earnest W. Lewis 

Mr. Lewis, 60, has had poor vision in 

his left eye since 1997 due to central 

retinal artery occlusion. His bestcorrected visual acuity in the right eye 

is 20/20, and in the left, hand motions. 

Following an examination in 2005, his 

ophthalmologist noted, ‘‘In my opinion, 

the patient’s vision is sufficient to 

operate a commercial vehicle.’’ Mr. 

Lewis reported that he has driven 

straight trucks for 37 years, 

accumulating 1.2 million miles, and 

tractor-trailer combinations for 28 years, 

accumulating 2.2 million miles. He 

holds a Class A CDL from Virginia. His 

driving record for the last 3 years shows 

no crashes and one conviction for a 

moving violation—speeding—in a CMV. 

He exceeded the speed limit by 20 mph. 

John D. McCormick 

Mr. McCormick, 66, is blind in his 

right eye due to a traumatic injury in 

1998. His best-corrected visual acuity in 

the right eye is light perception, and in 

the left eye, 20/20. Following an 

examination in 2004, his 

ophthalmologist noted, ‘‘In my opinion 

the monocular vision that you have 

present in the left eye is adequate to 

perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

McCormick reported that he has driven 

straight trucks for 23 years, 

accumulating 483,000 miles, and 

tractor-trailer combinations for 22 years, 

accumulating 440,000 miles, and buses 

for 2 years, accumulating 220,000 miles. 

He holds a Class A CDL from Wyoming. 

His driving record for the last 3 years 

shows no crashes or convictions for 

moving violations in a CMV. 

Thomas C. Meadows 

Mr. Meadows, 41, has loss of vision 

in his left eye due to a traumatic injury 

in 2000. His visual acuity in the right 

eye is 20/20 and in the left, 20/50. 

Following an examination in 2005, his 

optometrist noted, ‘‘It is my opinion that 

Thomas Craig Meadows has sufficient 

vision to perform the driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Meadows reported that he 

has driven tractor-trailer combinations 

for 20 years, accumulating 1.7 million 

miles. He holds a Class A CDL from 

North Carolina. His driving record for 

the last 3 years shows no crashes or 

convictions for moving violations in a 

CMV. 

Timothy S. Miller 

Mr. Miller, 48, has amblyopia in his 

right eye. His best-corrected visual 

acuity in the right eye is 20/50 and in 

the left, 20/20. Following an 

examination in 2004, his optometrist 

noted, ‘‘It is my opinion that Mr. Miller 

has sufficient vision to perform the 

driving tasks required to operate a 

commercial vehicle. Mr. Miller reported 

that he has driven tractor-trailer 

combinations for 21 years, accumulation 

2.1 million miles. He holds a Class A 

CDL from California. His driving record 

for the last 3 years shows one conviction 

for moving violation—speeding—in a 

CMV. He exceeded the speed limit by 10 

mph. 

Roger D. Mollak 

Mr. Mollak, 46, has amblyopia in his 

left eye since birth. The best-corrected 

visual acuity in his right eye is 20/20 

and in the left, 20/200. His 

ophthalmologist examined him in 2005 

and noted, ‘‘The patient’s visual 

circumstance is unchanged in the last 

several years and I see no reason based 

on his vision, that he should not be able 

to operate a commercial vehicle.’’ Mr. 

Mollak reported that he has driven 

straight trucks for 26 years, 

accumulating 260,000 miles and tractortrailer combinations for 5 years, 

accumulating 25,000 miles. He holds a 

Class O operators license from 

Nebraska. His driving record for the last 

3 years shows no crashes or convictions 

for moving violations in a CMV. 

Michael R. Moore 

Mr. Moore, 39, has vision loss in his 

left eye due to a traumatic injury in 

2001. The best-corrected visual acuity in 

his right eye is 20/20 and in the left, 20/ 

200. His ophthalmologist examined him 

in 2005 and noted, ‘‘In my opinion, Mr. 

Moore should have sufficient vision to 

operate a commercial vehicle based on 

his continued operation for the past four 

years.’’ Mr. Moore reported that he has 

driven tractor-trailer combinations for 

20 years, accumulating 1.1 million 

miles. He holds a Class A CDL from 

Maryland. 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 

limit by 24 mph. 

Jade D. Morrical 

Mr. Morrical, 52, has a prosthetic left 

eye due to an injury in 1974. His visual 

acuity in the right eye is 20/20. 

Following an examination in 2005, his 

ophthalmologist noted, ‘‘I feel Mr. 

Morrical has sufficient vision to perform 

his duties as a commercial truck driver 

in that he has been doing this for many, 

many years and is well adapted from his 

visual deficiency.’’ Mr. Morrical 

reported that he has driven straight 

trucks and tractor-trailer combinations 

for 11 years, accumulating 132,000 

miles in the former and 66,000 miles in 

the latter. He holds a Class A CDL from 

Colorado. His driving record for the last 

3 years shows one crash and no 

convictions for moving violations in a 

CMV. According to the police report, a 

driver collided with the rear of Mr. 

Morrical’s vehicle while he was slowing 

for traffic. Mr. Morrical was not cited. 

David A. Morris 

Mr. Morris, 48, has amblyopia in his 

left eye since childhood. The bestcorrected visual acuity in his right eye 

is 20/20 and in the left, 20/70. 

Following an examination in 2005, his 

optometrist noted, ‘‘In my professional 

opinion, Mr. Morris has sufficient vision 

to perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Morris reported that he has driven 

straight trucks for 3 years, accumulating 

120,000 miles, and tractor-trailer 

combinations for 26 years, accumulating 

2.6 million miles. He holds a Class A 

CDL from Texas. His driving record for 

the last 3 years shows no crashes or 

convictions for moving violations in a 

CMV. 

Leigh E. Moseman 

Mr. Moseman, 61, primary visual 

problem is macular scar in his right eye. 

His best-corrected visual acuity in the 

right eye is 20/200 and in the left, 20/ 

15. Following an examination in 2005, 

his optometrist noted, ‘‘In my opinion, 

Mr. Moseman has sufficient vision to 

perform the driving tasks required to 

operate a commercial vehicle.’’

Mr. Moseman reported that he has 

driven straight trucks for 10 years 

accumulating 285,000 miles, and 

tractor-trailer combinations for 6 years, 

accumulating 52,000 miles. He holds a 

Class C driver’s license from Texas. His 

driving record for the last 3 years shows 

no crashes or convictions for moving 

violations in a CMV. 

Gary T. Murray 

Mr. Murray, 49, has a prosthetic left 

eye resulting from trauma incurred in 

1990. His best-corrected visual acuity in 

the right eye is 20/20. Following an 

examination in 2005, his optometrist 

noted, ‘‘In my opinion, Mr. Murray has 

sufficient vision to perform driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Murray reported that he 

has driven straight trucks for 30 years 

accumulating 1.2 million miles, and 

tractor-trailer combinations for 27 years, 

accumulating 945,000 miles. He holds a 

Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Notices 57357 

Class A CDL from Georgia. His driving 

record for the last 3 years shows no 

crashes or convictions for moving 

violations in a CMV. 

Larry D. Neely 

Mr. Neely, 50, has amblyopia in his 

left eye since childhood. The bestcorrected visual acuity in his right eye 

is 20/20 and in the left, counting fingers. 

His ophthalmologist examined him in 

2005 and noted, ‘‘I certify in my medical 

opinion that Larry Neely has sufficient 

vision to perform the driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Neely reported that he has 

driven straight trucks for 8 months, 

accumulating 25,000 miles, and buses 

for 2 years, accumulating 30,000 miles. 

He holds a Class B CDL from Illinois. 

His driving record for the last 3 years 

shows no crashes and two convictions 

for moving violations—speeding—and 

‘‘disregarding traffic control light’’ in a 

CMV. He exceeded the speed limit by 15 

mph. 

Jorge L. Osuna 

Mr. Osuna, 47, has a traumatic 

cataract and corneal scarring in his right 

eye due to an injury 20 years ago. His 

best-corrected visual acuity in the right 

eye is hand motion and in the left, 20/ 

20. Following an examination in 2005, 

his optometrist noted, ‘‘Patient has 

adequate vision to perform driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Osuna reported that he 

has driven straight trucks and tractortrailer combinations for 9 years, 

accumulating 765,000 miles in each. He 

holds a Class A CDL from Arizona. His 

driving record for the last 3 years shows 

no crashes or convictions for moving 

violations in a CMV. 

Joseph B. Peacock 

Mr. Peacock, 27, has loss of vision in 

his left eye due to trauma at age 16. The 

best-corrected visual acuity in his right 

eye is 20/20 and in the left, 20/60. His 

optometrist examined him in 2005 and 

noted, ‘‘Based on his examination, I feel 

Mr. Peacock can safely operate a 

commercial vehicle at this time.’’ Mr. 

Peacock reported that he has driven 

straight trucks for 4 years, accumulating 

20,000 miles, and tractor-trailer 

combinations for 4 years, accumulating 

in the former 30,000 miles. He holds a 

Class A CDL from North Carolina. His 

driving record for the last 3 years shows 

no crashes or convictions for moving 

violations in a CMV. 

Scott D. Russell 

Mr. Russell, 45, lost his left eye due 

to an injury 30 years ago. The bestcorrected visual acuity in his right eye 

is 20/25. His optometrist examined him 

in 2005 and noted, ‘‘From a visual 

standpoint, in my opinion, this patient 

has sufficient vision to operate a 

commercial vehicle.’’ Mr. Russell 

reported that he has driven straight 

trucks for 15 years, accumulating 

210,000 miles. He holds a Class B CDL 

from Minnesota. His driving record for 

the last 3 years shows no crashes or 

convictions for moving violations in a 

CMV. 

Louis R. Saalinger 

Mr. Saalinger, 68, lost the vision in 

his left eye due to an injury in 1965. The 

visual acuity in his right eye is 20/20. 

His optometrist examined him in 2005 

and noted, ‘‘In my opinion, Mr. 

Saalinger has a perfect right eye with 

full fields, color vision and excellent 

acuity. With the proper mirrors he can 

continue to drive a commercial vehicle 

as he has for over 30+ years.’’ Mr. 

Saalinger reported that he driven 

straight trucks for 40 years, 

accumulating 400,000 miles, and 

tractor-trailer combinations for 40 years, 

accumulating 800,000 miles. He holds a 

Class A CDL with a motorcycle 

endorsement from Pennsylvania. His 

driving record for the last 3 years shows 

one crash and no convictions for 

moving violations in a CMV. Mr. 

Saalinger’s vehicle was struck when 

another vehicle entered his travel lane. 

The other driver was cited. Mr. 

Saalinger was not cited. 

James L. Schmidt 

Mr. Schmidt, 37, is blind in his right 

eye due to an accident in 1981. The 

best-corrected visual acuity in his right 

eye is light perception and in the left, 

20/20. His optometrist examined him in 

2005 and noted, ‘‘With his spectacle 

prescription, Mr. Schmitt has sufficient 

vision to perform the driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Schmitt reported that he 

has driven straight trucks for 20 years, 

accumulating 600,000 miles, and 

tractor-trailer combinations for 10 years, 

accumulating 1.0 million miles. He 

holds a Class A CDL from Nebraska. His 

driving record for the last 3 years shows 

no crashes or convictions for moving 

violations in a CMV. 

Richard P. Stanley 

Mr. Stanley, 47, has amblyopia in his 

left eye since birth. His best-corrected 

visual acuity in the right eye is 20/20 

and in the left, 20/600. Following an 

examination in 2005, his 

ophthalmologist noted, ‘‘He has proven 

to be a safe and capable driver for the 

past ten years so I believe his vision is 

sufficient for him to operate commercial 

vehicles.’’ Mr. Stanley reported that he 

has driven straight trucks for 28 years, 

accumulating 840,000 miles, and 

tractor-trailer combinations for 28 years, 

accumulating 532,000 miles. He holds a 

Class A CDL with a motorcycle 

endorsement from Massachusetts. His 

driving record for the last 3 years shows 

no crashes or convictions for moving 

violations in a CMV. 

Paul Stoddard 

Mr. Stoddard, 48, has amblyopia in 

his left eye since early childhood. His 

visual acuity in the right eye is 20/20 

and in the left, 20/200. Following an 

examination in 2005, his 

ophthalmologist noted, ‘‘In my medical 

opinion, he has sufficient vision to 

perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Stoddard reported that he has driven 

straight trucks for 21 years, 

accumulating 151,000 miles, tractortrailer combinations for 21 years, 

accumulating 504,000 miles, and buses 

for 10 years, accumulating 5,000 miles. 

He holds a Class A CDL with a 

motorcycle endorsement from New 

York. His driving record for the last 3 

years shows no crashes or convictions 

for moving violations in a CMV. 

Robert L. Tankersley, Jr. 

Mr. Tankersley, 43, had a corneal 

transplant in his left eye in 2000. His 

best-corrected visual acuity in the right 

eye is 20/25 and in the left, light 

perception. Following an examination 

in 2005, his optometrist noted, ‘‘In my 

medical opinion, he has sufficient 

vision to operate and perform driving 

tasks for operating a commercial 

vehicle.’’ Mr. Tankersley reported that 

he has driven straight trucks for 2 years 

accumulating 90,000 miles, and tractortrailer combinations for 20 years, 

accumulating 2.5 million miles. He 

holds a Class A CDL from Mississippi. 

His driving record for the last 3 years 

shows no crashes or convictions for 

moving violations in a CMV. 

Scott Tetter 

Mr. Tetter, 43, has had an 

underdeveloped macular in his right eye 

since birth. His best-corrected visual 

acuity in the right eye is 20/200, and in 

the left, 20/20. Following an 

examination in 2005, his optometrist 

noted, ‘‘In my opinion Scott Tetter’s 

vision is sufficient to operate a 

commercial vehicle.’’ Mr. Tetter 

reported that he has driven straight 

trucks for 24 years, accumulating 1.3 

million miles. He holds a Class A CDL 

with a motorcycle endorsement from 

Illinois. His driving record for the last 

57358 Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Notices 

3 years shows no crashes or convictions 

for moving violations in a CMV. 

Benny R. Toothman 

Mr. Toothman, 49, has misalignment 

of his right eye since birth. His bestcorrected visual acuity in the right eye 

is count fingers, and in the left, 20/20. 

Following an examination in 2005, his 

optometrist noted, ‘‘In my medical 

opinion he will have no difficulty 

driving a commercial vehicle.’’ Mr. 

Toothman reported that he has driven a 

straight truck for 3 years, accumulating 

4,500 miles. He holds a Class A CDL 

from Pennsylvania. His driving record 

for the last 3 years shows no crashes or 

convictions for moving violations in a 

CMV. 

Dewayne Washington 

Mr. Washington, 33, has optic atrophy 

in his left eye since childhood. The 

visual acuity in his right eye is 20/20 

and in the left, light perception. His 

ophthalmologist examined him in 2005 

and noted, ‘‘In my opinion, he does 

have sufficient vision to perform the 

driving tasks required to operate a 

commercial vehicle.’’ Mr. Washington 

reported that he has driven tractortrailer combinations for 6 years, 

accumulating 468,000 miles. He holds a 

Class A CDL from North Carolina. His 

driving record for the last 3 years shows 

no crashes or convictions for moving 

violations in a CMV. 

Kris Wells 

Mr. Wells, 24, has a prosthetic left eye 

resulting from trauma incurred four 

years ago. The best-corrected visual 

acuity in his right eye is 20/15. His 

optometrist examined him in 2005 and 

noted, ‘‘In my opinion, Kris Wells’’

acuity and peripheral vision in the right 

eye are good and he should be able to 

operate a commercial vehicle safely.’’

Mr. Wells reported that he has driven 

straight trucks for 1 year, accumulating 

100,000 miles, and tractor-trailer 

combinations for 6 years, accumulating 

900,000 miles. He holds a Class A CDL 

from Arkansas. His driving record for 

the last 3 years shows no crashes or 

convictions for moving violations in a 

CMV. 

James T. Wortham, Jr. 

Mr. Wortham, 40, suffered a retinal 

detachment of his left eye in 1977. His 

visual acuity in the right eye is 20/20 

and in the left, 20/400. Following an 

examination in 2005, his 

ophthalmologist noted, ‘‘In my opinion, 

this patient has sufficient vision to 

perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Wortham reported that he has driven 

straight trucks for 11 years, 

accumulating 198,000 miles. He holds a 

Class C driver’s license from Georgia. 

His driving record for the last 3 years 

shows no crashes or convictions for 

moving violations in a CMV. 

Request for Comments 

In accordance with 49 U.S.C. 31315 

and 31136(e), the FMCSA requests 

public comment from all interested 

persons on the exemption petitions 

described in this notice. We will 

consider all comments received before 

the close of business on the closing date 

indicated earlier in the notice. 

Issued on: September 26, 2005. 

Pamela M. Pelcovits, 

Director, Policy, Plans and Regulation. 

[FR Doc. 05–19595 Filed 9–29–05; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

Office of Hazardous Materials Safety; 

Actions on Exemption Applications 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration, DOT. 

ACTION: Notice of actions on exemption 

applications. 

SUMMARY: In accordance with the 

procedures governing the application 

for, and the processing of, exemptions 

from the Department of Transportation’s 

Hazardous Material Regulations (49 CFR 

part 107, subpart B), notice is hereby 

given of the actions on exemption 

applications in January 2005 to August 

2005. The mode of transportation 

involved are identified by a number in 

the ‘‘Nature of Application’’ portion of 

the table below as follows: 1—Motor 

vehicle, 2—Rail freight, 3—Cargo vessel, 

4—Cargo aircraft only, 5—Passengercarrying aircraft. Application numbers 

prefixed by the letters EE represent 

applications for Emergency Exemptions. 

It should be noted that some of the 

sections cited were those in effect at the 

time certain exemptions were issued. 

Issued in Washington, DC, on September 

26, 2005. 

R. Ryan Posten, 

Exemptions Program Officer, Office of 

Hazardous Materials Safety Exemptions & 

Approvals. 

Exemption No. Docket No. Applicant Regulation(s) Nature of exemption thereof 

MODIFICATION EXEMPTION GRANTED 

11691–M ........... .................................... PepsiCo International, 

Valhalla, NY.

49 CFR 176.83(d); 

176.331; 176.800(a).

To modify the exemption to update a proper 

shipping description and authorize the transportation of a Class 9 material with Class 3 

and Class 8 materials not subject to the segregation requirements for vessel storage 

when shipped in the same transport vehicle. 

12643–M ........... RSPA–01–9066 ......... Northup Grumman 

Space Technology, 

Redondo Beach, CA.

49 CFR 173.302 and 

175.3.

To modify the exemption to authorize an additional design change to the pulse tube cooler 

with an increased volume to 1100 cc and test 

pressure to 915 psig shipped inside a strong, 

foam filled shipping container. 

11917–M ........... RSPA–97–2741 ......... Sexton Can Company, 

Inc., Decatur, AL.

49 CFR 173.304(a) ...... To modify the exemption to authorize an increased water capacity limit to 40.4 cubic 

inches and the transportation of an additional 

Division 2.1 material in non-DOT specification, non-refillable steel cylinders. 

7465–M ............. .................................... State of Alaska Department of Transportation & Public Facilities, Juneau, AK.49 CFR 172; 173.220 .. To modify the exemption to authorize the addition of a new ferry vessel to the existing passenger ferry fleet.