Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Notices 539 

last seizure was November 2009. He 

follows up regularly with his physician 

and his blood levels are in a therapeutic 

range. His physician states that he 

believes that in granting Mr. Hogan the 

exemption, he would maintain the same 

level of safety as other CMV drivers. 

Jordan Hyster 

Mr. Hyster is a 22-year-old CMV 

driver in the state of Ohio. Mr. Hyster 

was diagnosed with epilepsy in 2005 

and placed on anti-seizure medication. 

His last seizure was in January 2009, 

after being told to stop his medication 

by previous physician. He is again on 

anti-seizure medication. The dosage and 

frequency of the anti-seizure medication 

has remained the same for 23 months. 

His physician states that he believes that 

Mr. Hyster will likely achieve a level of 

safety expected of drivers as long as he 

remains on medication. 

David R. Kietzman 

Mr. Keitzman is a 49-year-old CMV 

driver in the state of Wisconsin. In 

December 2007 he underwent surgery to 

remove a right parietal vascular 

malformation. His physician states that 

this brain abnormality was the cause of 

his seizures. He has been on the same 

anti-seizure medications with the 

dosage and frequency remaining the 

same since October 2008. His last 

seizure was October 2008. His physician 

states that he is neurologically normal. 

His current employer states that he has 

been an intrastate tractor semi-trailer 

driver for them since 1991 and has 

proven to be a safe, competent, and 

conscientious driver. 

Joseph Kogut 

Mr. Kogut is a 53-year-old CMV driver 

in the state of North Carolina. He was 

involved in a motor vehicle accident in 

1982 and sustained a head injury. 

Following the accident, he had a single 

seizure. He has taken the same antiseizure medication for more than 29 

years with no change in dosage or 

frequency of use. His physician states 

that he feels that Mr. Kogut should be 

allowed to drive CMVs. 

Philip McLain 

Mr. McLain is 47-year old CMV driver 

in the state of Maine. He had a 

nighttime seizure-like episode in August 

2010. He was diagnosed subsequently 

with AVM (Arteriovenous 

Malformation), a brain congenital 

condition. He underwent surgery to 

remove the defect and has had no 

further seizures or seizure-like episodes. 

His last seizure was in August 2010. He 

was given anti-seizure medication 

following the operation and has been off 

the medication since October 2010. He 

remains asymptomatic and his 

physician states she is in favor of 

allowing him to drive without 

restrictions. 

Mr. Andy McNeal 

Mr. McNeal is a 49-year-old driver in 

the state of Indiana. In 2007, he had a 

single seizure event and was diagnosed 

with a brain tumor. He had the tumor 

removed successfully and his last 

seizure was May 2007. He is taking antiseizure medication, with the dosage and 

frequency for over 4 years. He has had 

an electro-encephalogram (EEG) in 2009 

that showed no epileptiform activity 

and an Magnets Imaging Resonance 

(MRI) in 2010 showed no evidence of 

tumor recurrence. His physician states 

that although there is no way to 

guarantee his never having another 

seizure, neurological examination 

currently shows no deficits which 

would impair his safe operation of a 

motor vehicle. 

Lonnie Reiker 

Mr. Reiker is a 52-year-old driver who 

drives in the state of Illinois. Mr. Reiker 

was diagnosed with a brain tumor in 

December 2009 following a single 

seizure event in November 2009. He had 

surgery in March 2010 to remove the 

tumor and has been given anti-seizure 

medication following the surgery. The 

dosage and frequency of the anti-seizure 

medication has remained the same for 

more than 2 years. His last seizure was 

December 2009. Three subsequent MRIs 

indicate no tumor re-growth. His 

physician states that, in his opinion, at 

this time Mr. Reiker’s driving safety is 

equivalent to other CMV drivers. 

Mark A. Smith 

Mr. Smith is a 51-year-old CMV driver 

in the state of California. He had a single 

episode of loss of consciousness in 

August 2010. He is taking the same antiseizure medication with the dosage and 

frequency remaining the same for 16 

months. His last seizure was August 

2010. He is under the regular care of a 

neurologist, who states he is stable and 

doing very well. He states further that 

Mr. Smith is likely to achieve a level of 

safety that is equivalent or greater than 

the level of any other person to drive. 

He would be driving a semi truck and 

seeks to work five days on and then two 

days off. 

Cheryl Woskie 

Ms. Woskie is a 41-year-old Class B 

bus driver in the state of Massachusetts. 

She was diagnosed with a Cavernoma, 

a brain malformation, in October 2010, 

causing her to have three seizures 

within one month. Surgery was 

performed to remove the congenital 

defect and she was placed on antiseizure medication, which was 

discontinued in November 2011. She 

would like to begin driving a bus again. 

Request for Comments 

In accordance with 49 U.S.C. 31315 

and 31136(e), FMCSA requests public 

comment from all interested persons on 

the exemption applications 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: December 22, 2011. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2011–33781 Filed 1–4–12; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2011–0325] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of applications for 

exemptions; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from twelve individuals for 

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 Federal vision 

requirement. 

DATES: Comments must be received on 

or before February 6, 2012. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2011–0325 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

• 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: West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

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


emcdonald on DSK5VPTVN1PROD with NOTICES
540 Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Notices 

through Friday, except Federal 

Holidays. 

• Fax: 1 (202) 493–2251. 

Instructions: Each submission must 

include the Agency name and the 

docket numbers for this notice. Note 

that all comments received will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. Please 

see the Privacy Act heading below for 

further information. 

Docket: For access to the docket to 

read background documents or 

comments, go to http:// 

www.regulations.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 

FDMS is available 24 hours each day, 

365 days each year. If you want 

acknowledgment that we received your 

comments, please include a selfaddressed, stamped envelope or 

postcard or print the acknowledgment 

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 

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 DOT’s Privacy Act 

Statement for the FDMS published in 

the Federal Register on January 17, 2008 

(73 FR 3316), or you may visit http:// 

edocket.access.gpo.gov/2008/pdf/E8- 

785.pdf. 

FOR FURTHER INFORMATION CONTACT: 

Elaine M. Papp, Chief, Medical 

Programs Division, (202) 366–4001, 

fmcsamedical@dot.gov, FMCSA, 

Department of Transportation, 1200 

New Jersey Avenue SE., Room W64– 

224, 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 from 

the Federal Motor Carrier Safety 

Regulations 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 twelve 

individuals listed in this notice have 

each requested such 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 an 

exemption will achieve the required 

level of safety mandated by statute. 

Qualifications of Applicants 

Rene Amaya 

Mr. Amaya, age 36, has had 

amblyopia in his left eye since birth. 

The best corrected visual acuity in his 

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

200. Following an examination in 2011, 

his optometrist noted, ‘‘In my medical 

opinion, Rene Amaya has sufficient 

vision to perform the driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Amaya reported that he 

has driven straight trucks for 2 years, 

accumulating 78,000 miles and tractortrailer combinations for 2c years, 

accumulating 102,500 miles. He holds a 

Class A Commercial Driver’s License 

(CDL) from New Mexico. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Brian K. Cline 

Mr. Cline, 32, has had amblyopia in 

his left eye since childhood. The best 

corrected visual acuity in his right eye 

is 20/20 and in his left eye, 20/60. 

Following an examination in 2011, his 

optometrist noted, ‘‘In my medical 

opinion, with his vision correction, his 

vision allows him to perform 

commercial driving tasks.’’ Mr. Cline 

reported that he has driven straight 

trucks for 31⁄2; years, accumulating 

88,000 miles and tractor-trailer 

combinations for 3 years, accumulating 

18,000 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. 

Robert E. Judd 

Mr. Judd, 49, has had amblyopia in 

his left eye since birth. The best 

corrected visual acuity in his right eye 

is 20/20 and in his left eye, 20/200. 

Following an examination in 2011, his 

optometrist noted, ‘‘It is my opinion that 

Mr. Judd has sufficient vision to 

perform driving tasks in a commercial 

vehicle.’’ Mr. Judd reported that he has 

driven straight trucks for 9 years, 

accumulating 135,000 miles. He holds 

an operator’s license from Indiana. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Mickey E. Lawson 

Mr. Lawson, 50, has had amblyopia in 

his left eye since birth. The best 

corrected visual acuity in his right eye 

is 20/20 and in his left eye, 20/400. 

Following an examination in 2011, his 

optometrist noted, ‘‘I see no visual 

reason that Mr. Lawson would not be 

able to continue driving commercially 

(as he has for many years).’’ 

Mr. Lawson reported that he has 

driven straight trucks for 10 years, 

accumulating 21 million miles and 

tractor-trailer combinations for 15 years, 

accumulating 577,000 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. 

Robbey J. Nelson 

Mr. Nelson, 42, has had keratoconus 

in his left eye since 2002. The best 

corrected visual acuity in his right eye 

is 20/20 and in his left eye, 20/100. 

Following an examination in 2011, his 

optometrist noted, ‘‘This patient has 

normal color vision and has sufficient 

vision to operate a motor vehicle 

commercial or otherwise.’’ Mr. Nelson 

reported that he has driven straight 

trucks for 20 years, accumulating 

500,000 miles and tractor-trailer 

combinations for 20 years, accumulating 

400,000 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. 

Thomas M. Nubert 

Mr. Nubert, 55, has had reduced 

vision in his right eye due to a birth 

defect. The best corrected visual acuity 

in his right eye is 20/400 and in his left 

eye, 20/20. Following an examination in 

2011, his optometrist noted, ‘‘I feel that 

he does have sufficient vision to 

perform the driving tasks to operate a 

commercial vehicle.’’ 

Mr. Nubert reported that he has 

driven straight trucks for 26 years, 

accumulating 572,000 miles and tractortrailer combinations for 8 years, 

accumulating 240,000 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. 

Terri D. Payne 

Ms. Payne, 43, has had amblyopia in 

her left eye since birth. The best 

corrected visual acuity in her right eye 

is 20/20 and in her left eye, 20/70. 

Following an examination in 2011, her 

optometrist noted, ‘‘Based upon my 

findings and medical expertise, I, W.E. 

Robinson, Jr., hereby certify Terri D. 


emcdonald on DSK5VPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Notices 541 

Payne to be visually able to safely 

operate a commercial motor vehicle.’’ 

Ms. Payne reported that she has driven 

straight trucks for 12 years, 

accumulating 57,600 miles. She holds a 

Class D operator’s license from 

Kentucky. Her driving record for the last 

3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Michael C. Reese 

Mr. Reese, 46, has had amblyopia in 

his right eye since childhood. The best 

corrected visual acuity in his right eye 

is 20/400 and in his left eye, 20/20. 

Following an examination in 2011, his 

optometrist noted, ‘‘In my opinion, you 

have sufficient vision to perform the 

driving taks required to operate a 

commercial vehicle.’’ Mr. Reese 

reported that he has driven tractortrailer combinations for 15 years, 

accumulating 61,500 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. 

Mark C. Reineke 

Mr. Reineke, 60, has had macular 

scarring in his left eye due to a 

traumatic injury sustained in 1981. The 

best corrected visual acuity his right eye 

is 20/25 and in his left eye is fingercount vision. Following an examination 

in 2011, his ophthalmologist noted, ‘‘I 

believe Mr. Reineke to have sufficient 

vision to operate a commercial vehicle.’’ 

Mr. Reineke reported that he has 

driven straight trucks for 6 years, 

accumulating 18,000 miles and tractortrailer combinations for 4 years, 

accumulating 60,000 miles. He holds a 

Class A CDL from New Mexico. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Robert T. Reynolds 

Mr. Reynolds, 51, has had retinal vein 

occlusion in his right eye for the past 

five years. The best corrected visual 

acuity in his right eye is 20/400 and in 

his left eye, 20/20. Following an 

examination in 2011, his 

ophthalmologist noted, ‘‘Due to the fact 

your vision is stable, I believe you have 

sufficient vision to perform you job as 

a commercial vehicle operator.’’ Mr. 

Reynolds reported that he has driven 

straight trucks for 23 years, 

accumulating 3.4 million miles and 

tractor-trailer combinations for 5 years 

accumulating 1 million miles. He holds 

a Class D operator’s license from Ohio. 

His driving record for the last 3 years 

shows no crashes and no convictions in 

a CMV. 

Lawrence D. Ventimiglia 

Mr. Ventimiglia, 46, has had reduced 

vision in his right eye since birth. The 

best corrected visual acuity in his right 

eye is count-finger vision and in his left 

eye, 20/25. Following an examination in 

2011, his optometrist noted, ‘‘I certify 

that Larry has sufficient vision to 

perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Ventimiglia reported that he has driven 

straight trucks for less than 3 years, 

accumulating about 31,200 miles. He 

holds a Class A CDL from Nevada. His 

driving record for the last 3 years shows 

no crashes and no convictions in a 

CMV. 

Chadwick L. Wyatt 

Mr. Wyatt, 34, has had a central 

corneal scar in his left eye since 

childhood. The best corrected visual 

acuity in his right eye is 20/20 and in 

his left eye, 20/100. Following an 

examination in 2011, his optometrist 

noted, ‘‘Patient can recognize traffic 

control colors and has sufficient vision 

to operate a commercial vehicle.’’ Mr. 

Wyatt reported that he has driven 

straight trucks for 21⁄2 years, 

accumulating 137,500 miles and tractortrailer combinations for 21⁄2 years, 

accumulating 137,500 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. 

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 February 6, 2012. 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: December 22, 2011. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2011–33788 Filed 1–4–12; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2011–0298] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to exempt seven individuals 

from the vision requirement in the 

Federal Motor Carrier Safety 

Regulations (FMCSRs). The exemptions 

will enable these individuals to operate 

commercial motor vehicles (CMVs) in 

interstate commerce without meeting 

the prescribed vision requirement. The 

Agency has concluded that granting 

these exemptions will provide a level of 

safety that is equivalent to or greater 

than the level of safety maintained 

without the exemptions for these CMV 

drivers. 

DATES: The exemptions are effective 

January 5, 2012. The exemptions expire 

on January 5, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Elaine M. Papp, Chief, Medical 

Programs Division, (202) 366–4001, 

fmcsamedical@dot.gov, FMCSA, 

Department of Transportation, 1200 

New Jersey Avenue SE., Room W64– 

224, Washington, DC 20590–0001. 

Office hours are from 8:30 a.m. to 5 p.m. 

Monday through Friday, except Federal 

holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

You may see all the comments online 

through the Federal Document 

Management System (FDMS) at http:// 

www.regulations.gov. 

Docket: For access to the docket to 

read background documents or 

comments, go to http:// 

www.regulations.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 

FDMS is available 24 hours each day, 

365 days each year. If you want 

acknowledgment 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 may search the 

electronic form of all comments 

received into any of our dockets by the 


emcdonald on DSK5VPTVN1PROD with NOTICES