Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Notices 9859 

shows no crashes and no convictions for 

moving violations in a CMV. 

Thomas E. Moore 

Mr. Moore, 56, has had amblyopia in 

his right eye since childhood. The best 

corrected visual acuity in his right eye 

is light perception and in his left eye, 

20/20. Following an examination in 

2010, his optometrist noted, ‘‘Thomas 

has apparently operated a commercial 

vehicle for many years and is, in my 

opinion, capable of continuing this type 

of work.’’ Mr. Moore reported that he 

has driven straight trucks for 23 years, 

accumulating 230,000 miles. He holds a 

Class C operator’s license from 

Pennsylvania. His driving record for the 

last 3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

John F. Murphy 

Mr. Murphy, 51, has had strabismic 

amblyopia in his right eye since birth. 

The best corrected visual acuity in his 

right eye is hand motion vision and in 

his left eye, 20/20. Following an 

examination in 2010, his optometrist 

noted, ‘‘I feel that Mr. Murphy has stable 

strabismic amblyopia OD that he has 

had since childbirth. I feel that he has 

vision to operate a commercial vehicle’’. 

Mr. Murphy reported that he has driven 

straight trucks for 12 years, 

accumulating 624,000 miles and tractortrailer combinations for 15 years 

accumulating 1.6 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. 

Michael O. Regentik 

Mr. Regentik, 56, has had central loss 

of vision in his right eye due to an eye 

injury that occurred in 1985. The best 

corrected visual acuity in his right eye 

is 20/400 and in his left eye, 20/25. 

Following an examination in 2010, his 

opthamologist noted, ‘‘I am currently 

obtaining a copy of his previous records 

to compare against my exam; however, 

it appears that Mr. Regentik has been 

driving commerical vehicles for many 

years with this level of vision. I believe 

that his vision is sufficient to continue 

to do so.’’ Mr. Regentik reported that he 

has driven straight trucks for 27 years, 

accumulating 1.1 million miles and 

tractor-trailer combinations for 5 years 

accumulating 50,000 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. 

Larry D. Robinson 

Mr. Robinson, 40, has had ambloypia 

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 2010, his 

optometrist noted, ‘‘It is my medical 

opinion that Larry Robinson has 

sufficient vision to perform driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Robinson reported that he 

has driven straight trucks 12 years, 

accumulating 240,000 miles. He holds a 

Class B CDL from Missouri. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

David Serrano 

Mr. Serrano, 46, has had amblyopia in 

his left eye since childhood. The visual 

acuity in his right eye is 20/25 and in 

his left eye, 20/200. Following an 

examination in 2010, his optometrist 

noted, ‘‘In my medical opinion, Mr. 

Serrano has sufficient vision to perform 

the driving tasks required to operate a 

commercial vehicle.’’ Mr. Serrano 

reported that he has driven straight 

trucks for 2 years, accumulating 6,000 

miles and tractor-trailer combinations 

for 6 years accumulating 36,000 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. 

Bill J. Thierolf 

Mr. Thierolf, 55, has had loss of 

vision in his left eye due to retinal 

detachment since 1981. The visual 

acuity in his right eye is 20/20 and in 

his left eye, count-finger vision. 

Following an examination in 2010, his 

optometrist noted, ‘‘Mr. Thierolf has 

sufficient vision to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Thierolf reported that he 

has driven straight trucks for 26 years, 

accumulating 520,000 miles and tractortrailer combinations for 20 years 

accumulating 600,000 miles. He holds a 

Class A CDL from Nebraska. His driving 

record for the last 3 years shows one 

crash, which he was not cited for, and 

no convictions for moving violations in 

a CMV. 

Edward Timpson 

Mr. Timpson, 76, has had amblyopia 

in his right eye since birth. The best 

corrected visual acuity in his right eye 

is 20/200 and in his left eye, 20/25. 

Following an examination in 2010, his 

optometrist noted, ‘‘I certify in my 

medical opinion that Mr. Timpson has 

sufficient vision to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Timpson reported that he 

has driven tractor-trailer combinations 

for 58 years accumulating 522,000 

miles. He holds a Class 10 operator’s 

license from Rhode Island. 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 March 24, 2011. 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: February 15, 2011. 

Larry W. Minor, 

Associate Administrator, Office of Policy. 

[FR Doc. 2011–3905 Filed 2–18–11; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2000–7363; FMCSA– 

2002–13411] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of renewal of 

exemptions; request for comments. 

SUMMARY: FMCSA announces its 

decision to renew the exemptions from 

the vision requirement in the Federal 

Motor Carrier Safety Regulations for 11 

individuals. FMCSA has statutory 

authority to exempt individuals from 

the vision requirement if the 

exemptions granted will not 

compromise safety. The Agency has 

concluded that granting these 

exemption renewals will provide a level 

of safety that is equivalent to, or greater 

than, the level of safety maintained 

without the exemptions for these 

commercial motor vehicle (CMV) 

drivers. 

mstockstill on DSKH9S0YB1PROD with NOTICES

9860 Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Notices 

DATES: This decision is effective March 

4, 2011. Comments must be received on 

or before March 24, 2011. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) numbers: FMCSA– 

2000–7363; FMCSA–2002–13411, 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 or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

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

p.m., Monday through Friday, except 

Federal Holidays. 

• Fax: 1–202–493–2251. 

Instructions: Each submission must 

include the Agency name and the 

docket number for this notice. Note that 

DOT posts all comments received 

without change to http:// 

www.regulations.gov, including any 

personal information included in a 

comment. Please see the Privacy Act 

heading below. 

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 

Federal Docket Management System 

(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 

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: Dr. 

Mary D. Gunnels, Director, Medical 

Programs, (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 renew an exemption from 

the vision requirements in 49 CFR 

391.41(b)(10), which applies to drivers 

of CMVs in interstate commerce, for a 

two-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 procedures 

for requesting an exemption (including 

renewals) are set out in 49 CFR part 381. 

Exemption Decision 

This notice addresses 11 individuals 

who have requested renewal of their 

exemptions in accordance with FMCSA 

procedures. FMCSA has evaluated these 

11 applications for renewal on their 

merits and decided to extend each 

exemption for a renewable two-year 

period. They are: 

Howard K. Bradley, Kirk G. Braegger, 

Ambrosio E. Calles, Jose G. Cruz, 

Harry P. Henning, Christopher L. 

Humphries, Ralph J. Miles, Thomas C. 

Rylee, Stanley B. Salkowski, III. 

Michael G. Thomas, William H. 

Twardus. 

The exemptions are extended subject 

to the following conditions: (1) That 

each individual has a physical 

examination every year (a) by an 

ophthalmologist or optometrist who 

attests that the vision in the better eye 

continues to meet the standard in 49 

CFR 391.41(b)(10), and (b) by a medical 

examiner who attests that the individual 

is otherwise physically qualified under 

49 CFR 391.41; (2) that each individual 

provides a copy of the ophthalmologist’s 

or optometrist’s report to the medical 

examiner at the time of the annual 

medical examination; and (3) that each 

individual provide a copy of the annual 

medical certification to the employer for 

retention in the driver’s qualification 

file and retains a copy of the 

certification on his/her person while 

driving for presentation to a duly 

authorized Federal, State, or local 

enforcement official. Each exemption 

will be valid for two years unless 

rescinded earlier by FMCSA. The 

exemption will be rescinded if: (1) The 

person fails to comply with the terms 

and conditions of the exemption; (2) the 

exemption has resulted in a lower level 

of safety than was maintained before it 

was granted; or (3) continuation of the 

exemption would not be consistent with 

the goals and objectives of 49 U.S.C. 

31136(e) and 31315. 

Basis for Renewing Exemptions 

Under 49 U.S.C. 31315(b)(1), an 

exemption may be granted for no longer 

than two years from its approval date 

and may be renewed upon application 

for additional two year periods. In 

accordance with 49 U.S.C. 31136(e) and 

31315, each of the 11 applicants has 

satisfied the entry conditions for 

obtaining an exemption from the vision 

requirements (65 FR 45817; 65 FR 

77066; 67 FR 71610; 67 FR 76439; 68 FR 

10298; 70 FR 7545; 72 FR 7812; 74 FR 

6689). Each of these 11 applicants has 

requested renewal of the exemption and 

has submitted evidence showing that 

the vision in the better eye continues to 

meet the standard specified at 49 CFR 

391.41(b)(10) and that the vision 

impairment is stable. In addition, a 

review of each record of safety while 

driving with the respective vision 

deficiencies over the past two years 

indicates each applicant continues to 

meet the vision exemption standards. 

These factors provide an adequate basis 

for predicting each driver’s ability to 

continue to drive safely in interstate 

commerce. Therefore, FMCSA 

concludes that extending the exemption 

for each renewal applicant for a period 

of two years is likely to achieve a level 

of safety equal to that existing without 

the exemption. 

Request for Comments 

FMCSA will review comments 

received at any time concerning a 

particular driver’s safety record and 

determine if the continuation of the 

exemption is consistent with the 

requirements at 49 U.S.C. 31136(e) and 

31315. However, FMCSA requests that 

interested parties with specific data 

concerning the safety records of these 

drivers submit comments by March 24, 

2011. 

FMCSA believes that the 

requirements for a renewal of an 

exemption under 49 U.S.C. 31136(e) and 

31315 can be satisfied by initially 

granting the renewal and then 

requesting and evaluating, if needed, 

subsequent comments submitted by 

interested parties. As indicated above, 

the Agency previously published 

notices of final disposition announcing 

its decision to exempt these 11 

individuals from the vision requirement 

in 49 CFR 391.41(b)(10). The final 

decision to grant an exemption to each 

of these individuals was made on the 

merits of each case and made only after 

careful consideration of the comments 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Notices 9861 

received to its notices of applications. 

The notices of applications stated in 

detail the qualifications, experience, 

and medical condition of each applicant 

for an exemption from the vision 

requirements. That information is 

available by consulting the above cited 

Federal Register publications. 

Interested parties or organizations 

possessing information that would 

otherwise show that any, or all, of these 

drivers are not currently achieving the 

statutory level of safety should 

immediately notify FMCSA. The 

Agency will evaluate any adverse 

evidence submitted and, if safety is 

being compromised or if continuation of 

the exemption would not be consistent 

with the goals and objectives of 49 

U.S.C. 31136(e) and 31315, FMCSA will 

take immediate steps to revoke the 

exemption of a driver. 

Issued on: February 15, 2011. 

Larry W. Minor, 

Associate Administrator, Office of Policy. 

[FR Doc. 2011–3904 Filed 2–18–11; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2000–7363; FMCSA– 

2000–7918; FMCSA–2006–24015; FMCSA– 

25246] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of renewal of 

exemptions; request for comments. 

SUMMARY: FMCSA announces its 

decision to renew the exemptions from 

the vision requirement in the Federal 

Motor Carrier Safety Regulations for 9 

individuals. FMCSA has statutory 

authority to exempt individuals from 

the vision requirement if the 

exemptions granted will not 

compromise safety. The Agency has 

concluded that granting these 

exemption renewals will provide a level 

of safety that is equivalent to, or greater 

than, the level of safety maintained 

without the exemptions for these 

commercial motor vehicle (CMV) 

drivers. 

DATES: This decision is effective March 

7, 2011. Comments must be received on 

or before March 24, 2011. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) numbers: FMCSA– 

2000–7363; FMCSA–2000–7918; 

FMCSA–2006–24015; FMCSA–25246, 

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 or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

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

p.m., Monday through Friday, except 

Federal Holidays. 

• Fax: 1–202–493–2251. 

Instructions: Each submission must 

include the Agency name and the 

docket number for this notice. Note that 

DOT posts all comments received 

without change to http:// 

www.regulations.gov, including any 

personal information included in a 

comment. Please see the Privacy Act 

heading below. 

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 

Federal Docket Management System 

(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 

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: Dr. 

Mary D. Gunnels, Director, Medical 

Programs, (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 renew an exemption from 

the vision requirements in 49 CFR 

391.41(b)(10), which applies to drivers 

of CMVs in interstate commerce, for a 

two-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 procedures 

for requesting an exemption (including 

renewals) are set out in 

49 CFR part 381. 

Exemption Decision 

This notice addresses 9 individuals 

who have requested renewal of their 

exemptions in accordance with FMCSA 

procedures. FMCSA has evaluated these 

9 applications for renewal on their 

merits and decided to extend each 

exemption for a renewable two-year 

period. They are: 

David S. Carman 

Thomas G. Danclovic 

Glen T. Garrabrant 

Alan L. Johnston 

James E. Menz 

Dennis I. Nelson 

Rance A. Powell 

Shannon E. Rasmussen 

Henry L. Walker 

The exemptions are extended subject 

to the following conditions: (1) That 

each individual has a physical 

examination every year (a) by an 

ophthalmologist or optometrist who 

attests that the vision in the better eye 

continues to meet the standard in 49 

CFR 391.41(b)(10), and (b) by a medical 

examiner who attests that the individual 

is otherwise physically qualified under 

49 CFR 391.41; (2) that each individual 

provides a copy of the ophthalmologist’s 

or optometrist’s report to the medical 

examiner at the time of the annual 

medical examination; and (3) that each 

individual provide a copy of the annual 

medical certification to the employer for 

retention in the driver’s qualification 

file and retains a copy of the 

certification on his/her person while 

driving for presentation to a duly 

authorized Federal, State, or local 

enforcement official. Each exemption 

will be valid for two years unless 

rescinded earlier by FMCSA. The 

exemption will be rescinded if: (1) The 

person fails to comply with the terms 

and conditions of the exemption; (2) the 

exemption has resulted in a lower level 

of safety than was maintained before it 

was granted; or (3) continuation of the 

exemption would not be consistent with 

the goals and objectives of 49 U.S.C. 

31136(e) and 31315. 

mstockstill on DSKH9S0YB1PROD with NOTICES