Federal Register / Vol. 76, No. 60 / Tuesday, March 29, 2011 / Notices 17481 

1Section 4129(a) refers to the 2003 notice as a 

‘‘final rule.’’ However, the 2003 notice did not issue 

a ‘‘final rule’’ but did establish the procedures and 

standards for issuing exemptions for drivers with 

ITDM. 

he does not have diabetic retinopathy. 

He holds a Class C operator’s license 

from Maine. 

Adam J. Stegenga 

Mr. Stegenga, 28, has had ITDM since 

2010. His endocrinologist examined him 

in 2010 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (2 or 

more) severe hypoglycemic episodes in 

the last 5 years. His endocrinologist 

certifies that Mr. Stegenga understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Stegenga meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2010 

and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from Michigan. 

Donald D. Willard 

Mr. Willard, 66, has had ITDM since 

1982. His endocrinologist examined him 

in 2010 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (2 or 

more) severe hypoglycemic episodes in 

the last 5 years. His endocrinologist 

certifies that Mr. Willard understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Willard meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2011 

and certified that he has stable 

nonproliferative diabetic retinopathy. 

He holds a Class A CDL from Iowa. 

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. We will consider all 

comments received before the close of 

business on the closing date indicated 

in the date section of the notice. 

FMCSA notes that section 4129 of the 

Safe, Accountable, Flexible and 

Efficient Transportation Equity Act: A 

Legacy for Users requires the Secretary 

to revise its diabetes exemption program 

established on September 3, 2003 (68 FR 

52441).1 The revision must provide for 

individual assessment of drivers with 

diabetes mellitus, and be consistent 

with the criteria described in section 

4018 of the Transportation Equity Act 

for the 21st Century (49 U.S.C. 31305). 

Section 4129 requires: (1) Elimination 

of the requirement for 3 years of 

experience operating CMVs while being 

treated with insulin; and (2) 

establishment of a specified minimum 

period of insulin use to demonstrate 

stable control of diabetes before being 

allowed to operate a CMV. 

In response to section 4129, FMCSA 

made immediate revisions to the 

diabetes exemption program established 

by the September 3, 2003 notice. 

FMCSA discontinued use of the 3-year 

driving experience and fulfilled the 

requirements of section 4129 while 

continuing to ensure that operation of 

CMVs by drivers with ITDM will 

achieve the requisite level of safety 

required of all exemptions granted 

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

Section 4129(d) also directed FMCSA 

to ensure that drivers of CMVs with 

ITDM are not held to a higher standard 

than other drivers, with the exception of 

limited operating, monitoring and 

medical requirements that are deemed 

medically necessary. The FMCSA 

concluded that all of the operating, 

monitoring and medical requirements 

set out in the September 3, 2003 notice, 

except as modified, were in compliance 

with section 4129(d). Therefore, all of 

the requirements set out in the 

September 3, 2003 notice, except as 

modified by the notice in the Federal 

Register on November 8, 2005 (70 FR 

67777), remain in effect. 

Issued on: March 21, 2011. 

Larry W. Minor, 

Associate Administrator of Policy. 

[FR Doc. 2011–7256 Filed 3–28–11; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2011–0024] 

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 16 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 

standard. 

DATES: Comments must be received on 

or before April 28, 2011. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2011–0024 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 

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 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 


jlentini on DSKJ8SOYB1PROD with NOTICES
17482 Federal Register / Vol. 76, No. 60 / Tuesday, March 29, 2011 / Notices 

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 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 16 

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 

David W. Bennett 

Mr. Bennett, age 48, 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 

ophthalmologist noted, ‘‘Mr. Bennett has 

sufficient vision to perform the driving 

task of driving a commercial vehicle.’’ 

Mr. Bennett reported that he has driven 

straight trucks for 5 years, accumulating 

218,750 miles and tractor-trailer 

combinations for 13 years accumulating 

1.4 million miles. He holds a Class A 

Commercial Driver’s License (CDL) from 

North Carolina. His driving record for 

the last 3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Toby L. Carson 

Mr. Carson, 43, has a history of 

congenital cataracts. The best corrected 

visual acuity in his right eye is 20/150 

and in his left eye, 20/20. Following an 

examination in 2010, his 

ophthalmologist noted, ‘‘Toby Carson 

has sufficient vision to perform the 

driving tasks required to operate a 

commercial vehicle.’’ Mr. Carson 

reported that he has driven straight 

trucks for 15 years, accumulating 

200,000 miles and tractor-trailer 

combinations for 10 years accumulating 

300,000 miles. He holds a Class A CDL 

from Tennessee. His driving record for 

the last 3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Fredrick M. DeHoff, Jr. 

Mr. Dehoff, 53, has had amblyopia in 

his right eye since childhood. The best 

corrected visual acuity in his right eye 

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

Following an examination in 2010, his 

optometrist noted, ‘‘Fredrick, by vision 

examination, appears to have sufficient 

vision to operate a commercial vehicle.’’ 

Mr. DeHoff reported that he has driven 

straight trucks for 15 years, 

accumulating 187,500 miles. He holds a 

Class A CDL from Indiana. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Raul Donozo 

Mr. Donozo, 35, has had loss of vision 

in his left eye since 1998. The best 

corrected visual acuity in his right eye 

is 20/20. Following an examination in 

2011, his ophthalmologist noted, ‘‘In my 

opinion, the patient has sufficient vision 

for driving including commercial 

vehicles.’’ Mr. Donozo reported that he 

has driven straight trucks for 8 years, 

accumulating 417,600 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. 

Rick A. Ervin 

Mr. Ervin, 39, 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, hand motion 

vision. Following an examination in 

2011, his optometrist noted, ‘‘Mr. 

Erwin’s left eye amblyopia is of longstanding and he has adapted well to his 

condition, and in my medical opinion, 

has sufficient vision to perform the 

driving tasks to operate a commercial 

vehicle.’’ Mr. Ervin reported that he has 

driven straight trucks 17 years, 

accumulating 510,000 miles. He holds a 

Class B CDL from New Mexico. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Clifford D. Johnson 

Mr. Johnson, 44, has ocular trauma in 

his left eye sustained 25 years ago. The 

best corrected visual acuity in his right 

eye is 20/20 and in his left eye, no light 

perception. Following an examination 

in 2010, his optometrist noted, ‘‘In my 

opinion Mr. Johnson has sufficient 

vision to perform the driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Johnson reported that he 

has driven straight trucks 25 years, 

accumulating 700,000 miles and tractortrailer combinations for 15 years 

accumulating 495,000 miles. He holds a 

Class A CDL from Virginia. His driving 

record for the last 3 years shows one 

crash for which he was cited and no 

convictions for moving violations in a 

CMV. 

Dionicio Mendoza 

Mr. Mendoza, 34, has a prosthetic 

right eye due to a traumatic injury that 

occurred at age 2. The visual acuity in 

his left eye is 20/20. Following an 

examination in 2010, his optometrist 

noted, ‘‘After a full eye health 

examination, this patient has sufficient 

vision to perform the driving tasks 

required to operate a commercial 

vehicle.’’ 

Mr. Mendoza reported that he has 

driven tractor-trailer combinations for 5 

years, accumulating 224,500 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. 

David Kibble 

Mr. Kibble, 48, has had a disciform 

central macular scar of his right eye due 

to a traumatic injury to his right eye that 

occurred 30 years ago. The best 

corrected visual acuity in his right eye 

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

Following an examination in 2010, his 

optometrist noted, ‘‘He has sufficient 

vision to perform driving tasks to 

operate a commercial vehicle.’’ Mr. 

Kibble reported that he has driven 

straight trucks 30 years, accumulating 

450,000 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. 

Raymond J. Paiz 

Mr. Paiz, 60, has monocular vision 

due to a traumatic injury to his left eye 

that occurred 30 years ago. The visual 

acuity in his right eye is 20/20. 

Following an examination in 2010, his 

optometrist noted, ‘‘In my optometric 

opinion, Mr. Paiz has sufficient vision 

and peripheral vision to enable him to 

perform the driving tasks necessary to 

operate a commercial vehicle.’’ Mr. Paiz 

reported that he has driven straight 

trucks 35 years, accumulating 1.8 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 60 / Tuesday, March 29, 2011 / Notices 17483 

million miles and tractor-trailer 

combinations for 35 years accumulating 

1.8 million miles. He holds a Class A 

CDL from California. His driving record 

for the last 3 years shows no crashes and 

no convictions for moving violations in 

a CMV. 

Tyler R. Peebles 

Mr. Peebles, 23, has retinal 

detachment and traumatic cataract in 

his left eye due to a traumatic injury to 

his left eye. The best corrected visual 

acuity in his right eye is 20/20 and in 

his left eye, 20/50. Following an 

examination in 2010, his optometrist 

noted, ‘‘I feel Mr. Peebles has adequate 

vision to perform the driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Peebles reported that he 

has driven straight trucks for 3 years, 

accumulating 61,500 miles and tractortrailer combinations for 3 years 

accumulating 292,500 miles. He holds a 

Class A CDL from Ohio. His driving 

record for the last 3 years shows no 

crashes but two convictions for 

speeding in a CMV. In the first incident, 

he exceeded the speed limit by 10 miles 

per hour (MPH), in the second incident, 

he exceeded the speed limit by 8 MPH. 

He has another conviction for failure to 

obey a traffic sign. 

Alfredo Reyes 

Mr. Reyes, 57, 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 2010, his 

optometrist noted, ‘‘I can see no reason 

why he can not perform the visual tasks 

necessary to drive any type of vehicle 

including commerical vehicles.’’ Mr. 

Reyes reported that he has driven 

straight trucks for 15 years, 

accumulating 600,000 miles and tractortrailer combinations for 20 years 

accumulating 2.1 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. 

Ronald M. Robinson 

Mr. Robinson, 60, has monocular 

vision due to a traumatic injury to his 

right eye that occurred 40 years ago. The 

visual acuity in his left eye is 20/20. 

Following an examination in 2010, his 

optometrist noted, ‘‘In my opinion, Mr. 

Robinson has full capability to operate 

a commerical vehicle provided that it 

has the standard right and left outsider 

rearview mirrors.’’ Mr. Robinson 

reported that he has driven straight 

trucks 20 years, accumulating 300,000 

miles. He holds a Class D operator’s 

license from Kentucky. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

J. Bernando Rodriguez 

Mr. Rodriguez, 47, has had strabismic 

amblyopia in his left eye since 

childhood. The best corrected visual 

acuity in his right eye is 20/20 and in 

his left eye, 20/400. Following an 

examination in 2010, his optometrist 

noted, ‘‘I. Dr. Edgardo Amaro, certify 

that in my medical opinion, patient J. 

Bernardo Rodriguez, has sufficient 

vision to perform the driving tasks 

required to operate a commerical 

vehicle as he has been doing in the past 

10 years.’’ Mr. Rodriguez reported that 

he has driven tractor-trailer 

combinations 8 years accumulating 

800,000 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. 

Esequiel Rodriguez, Jr. 

Mr. Rodriguez, 38, has had a macular 

scar in his right eye since birth. The 

visual acuity in his right eye is 20/200 

and in his left eye, 20/20. Following an 

examination in 2010, his optometrist 

noted, ‘‘He is fully capable of operating 

a commerical vehicle.’’ Mr. Rodriguez 

reported that he has driven tractortrailer combinations 7 years 

accumulating 805,000 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. 

David I. Sosby 

Mr. Sosby, 60, 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, 20/200. 

Following an examination in 2010, his 

optometrist noted, ‘‘I Renapate, OD, 

hereby certify David Sosby to be 

visually able to safely operate a 

commerical motor vehicle.’’ Mr. Sosby 

reported that he has driven tractortrailer combinations 30 years 

accumulating 2.4 million 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. 

Donald E. Stone 

Mr. Stone, 54, has optic atrophy in his 

left eye due to a traumatic injury. The 

best corrected visual acuity in his right 

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

motion vision. Following an 

examination in 2010, his optometrist 

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

has sufficient vision to operate a 

commerical motor vehicle.’’ Mr. Stone 

reported that he has driven straight 

trucks 10 years, accumulating 900,000 

miles and tractor-trailer combinations 

for 17 years accumulating 1.8 million 

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. 

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 April 28, 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: March 16, 2011. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2011–7258 Filed 3–28–11; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–1998–4334; FMCSA– 

2000–7918; FMCSA–2002–12844; FMCSA– 

2002–13411; FMCSA–2003–14223; FMCSA– 

2005–20027; FMCSA–2006–24783; FMCSA– 

2006–25246; FMCSA–2006–26066; FMCSA– 

2008–0021] 

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 21 

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 


jlentini on DSKJ8SOYB1PROD with NOTICES