18824 Federal Register / Vol. 76, No. 65 / Tuesday, April 5, 2011 / Notices 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2011–0057] 

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 May 5, 2011. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2011–0057 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 

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 

Melvin T. Ayer 

Mr. Ayer, age 57, has had an inferior 

temporal visual field defect in his left 

eye since 2007. The best corrected 

visual acuity in his right eye is 20/20 

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

examination in 2010, his optometrist 

noted, ‘‘Based on Mr. Ayer’s report of no 

history of problems with his commercial 

driving and his stable ocular findings, 

he appears to have sufficient vision to 

perform driving tasks required to 

operate a commercial vehicle.’’ Mr. Ayer 

reported that he has driven tractortrailer combinations for 16 years, 

accumulating 1.1 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. 

Luis A. Bejarono 

Mr. Bejarono, 41, has a large corneal 

scar and retinal detachment in his left 

eye due to an accident that occurred 5 

years ago. The visual acuity in his right 

eye is 20/20 and in his left eye, light 

perception. Following an examination 

in 2010, his ophthalmologist noted, ‘‘In 

my medical opinion, Mr. Bejarono has 

sufficient vision to perform driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Bejarono reported that he 

has driven tractor-trailer combinations 

for 8 years, accumulating 400,000 miles. 

He holds a Class A CDL from Arizona. 

His driving record for the last 3 years 

shows no crashes and no convictions for 

moving violations in a CMV. 

Richard T. Berendt 

Mr. Berendt, 60, has had a macular 

hole in his left eye since 1997. The best 

corrected visual acuity in his right eye 

is 20/20 and in his left eye, 

20/70. Following an examination in 

2010, his optometrist noted, ‘‘It is my 

medical opinion that Mr. Berendt has 

sufficient vision to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Berendt reported that he 

has driven straight trucks for 20 years, 

accumulating 312,000 miles and tractortrailer combinations for 14 years 

accumulating 2 million miles. He holds 

a Class A CDL from Ohio. His driving 

record for the last 3 years shows one 

crash for which he was not cited and 

two convictions for speeding in a CMV. 

In the first incident, he exceeded the 

speed limit by 4 miles per hour (MPH), 

in the second incident, he exceeded the 

speed limit by 10 mph. 

James O. Cook 

Mr. Cook, 62, has a central scar in his 

left eye due to a traumatic injury that 

occurred in 1967. The visual acuity in 

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

20/400. Following an examination in 

2010, his ophthalmologist noted, ‘‘In my 

opinion, Mr. Cook meets all applicable 

requirements to drive a commercial 

vehicle. Therefore there should be no 

issue in Mr. Cook retaining commercial 

driving privileges.’’ Mr. Cook reported 

that he has driven straight trucks for 5 

years, accumulating 350,000 miles and 

tractor-trailer combinations for 28 years 

accumulating 3.4 million 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. 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 76, No. 65 / Tuesday, April 5, 2011 / Notices 18825 

Timothy J. Curran 

Mr. Curran, 42, has refractive 

Amblyopia in his right eye since birth. 

The best corrected visual acuity in his 

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

20/20. Following an examination in 

2010, his ophthalmologist noted, ‘‘In my 

opinion, Mr. Curran has adequate visual 

function to operate a commercial 

vehicle.’’ Mr. Curran reported that he 

has driven straight trucks for 8 years, 

accumulating 83,200 miles and tractortrailer combinations for 10 years 

accumulating 156,000 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. 

Alfred D. Hewitt 

Mr. Hewitt, 57, has had a prosthetic 

right eye since 2004. The best corrected 

visual acuity in his left eye is 20/15. 

Following an examination in 2010, his 

ophthalmologist noted, ‘‘In my medical 

opinion he has sufficient vision to 

operate a commercial vehicle.’’ Mr. 

Hewitt reported that he has driven 

tractor-trailer combinations for 38 years, 

accumulating 1.9 million miles. He 

holds a Class A CDL from Illinois. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Mark A. Kleinow 

Mr. Kleinow, 54, has central scarring 

due to central serious retinopathy. 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, ‘‘Patient/applicant 

has sufficient vision to perform the 

driving task required to operate a 

commercial vehicle.’’ Mr. Kleinow 

reported that he has driven straight 

trucks for 30 years, accumulating 5.6 

million miles. He holds a Class B CDL 

from Iowa. His driving record for the 

last 3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Luke R. Lafley 

Mr. Lafley, 42, has complete loss of 

vision in his left eye due to a traumatic 

injury that occurred in 1978. The visual 

acuity in his right eye is 20/15. 

Following an examination in 2010, his 

optometrist noted, ‘‘I feel the vision 

deficiency of having one eye does not 

prohibit operation of a motor vehicle 

and Mr. Lafley’s vision is adequate to 

drive commercial motor vehicles.’’ Mr. 

Lafley reported that he has driven 

straight trucks for 26 years, 

accumulating 780,000 miles and tractortrailer combinations for 8 years 

accumulating 560,000 miles. He holds a 

Class C operator’s license from 

Washington. His driving record for the 

last 3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Kevin R. Lambert 

Mr. Lambert, 47, has had complete 

loss of vision in his right eye due to a 

traumatic injury that occurred in 1999. 

The best corrected visual acuity in his 

left eye is 20/25. Following an 

examination in 2010, his 

ophthalmologist noted, ‘‘In my 

professional opinion, with the aid of the 

correction lenses that are prescribed, 

Mr. Lambert will have sufficient vision 

to perform driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Lambert reported that he has driven 

tractor-trailer combinations for 18 years, 

accumulating 2.5 million miles. He 

holds a Class A CDL from North 

Carolina. His driving record for the last 

3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

James P. Lanigan 

Mr. Lanigan, 56, has had 

histoplasmosis in his left eye since 6 

years ago. 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, ‘‘He has a successful 20-year 

history of commercial driving and his 

visual status has not affected his ability 

to perform his job.’’ Mr. Lanigan 

reported that he has driven straight 

trucks for 17 years, accumulating 

544,000 miles and tractor-trailer 

combinations for 1 year accumulating 

5,000 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. 

Nusret Odzakovic 

Mr. Odzakovic, 37, has had 

concussive optic nerve atrophy in his 

right eye since 1994. The best corrected 

visual acuity in his right eye is 20/200 

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

examination in 2010, his optometrist 

noted, ‘‘It is our medical opinion that 

Mr. Odzakovic continues to have 

sufficient visual capabilities to perform 

the driving tasks associated with 

operating a commercial vehicle.’’ Mr. 

Odzakovic reported that he has driven 

straight trucks for 3 years, accumulating 

180,000 miles and tractor-trailer 

combinations for 8 years accumulating 

120,000 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. 

Scott W. Schilling 

Mr. Schilling, 38, has had a prosthetic 

left eye due to a traumatic incident that 

occurred in 1983. The visual acuity in 

his right eye is 20/20. Following an 

examination in 2011, his optometrist 

noted, ‘‘I certify in my medical opinion 

that Scott has sufficient vision to 

perform driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Schilling reported that he has driven 

tractor-trailer combinations for 3 years, 

accumulating 195,000 miles. He holds a 

Class A CDL from North Dakota. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Randy E. Sims 

Mr. Sims, 58, has a choroidal rupture 

in his left eye due to a retinal injury 

sustained in 1962. The best corrected 

visual acuity in his right eye is 20/20 

and in his left eye, 20/70. Following an 

examination in 2011, his 

ophthalmologist noted, ‘‘I believe his 

vision is sufficient to operate a 

commercial vehicle.’’ Mr. Sims reported 

that he has driven straight trucks for 5 

years, accumulating 260,000 miles and 

tractor-trailer combinations for 26 years 

accumulating 2 million miles. He holds 

a Class A CDL from Washington. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Halman Smith 

Mr. Smith, 53, has complete loss of 

vision in his left eye due to traumatic 

optic neuropathy since age 27. The 

visual acuity in his right eye is 20/20. 

Following an examination in 2010, his 

optometrist noted, ‘‘Based on my exam 

findings and current laws regulating 

driver’s licensure, Mr. Smith has 

sufficient vision to perform the driving 

tasks needed to operate a commercial 

vehicle.’’ Mr. Smith reported that he has 

driven straight trucks for 14 years, 

700,000 miles. He holds a Class B CDL 

from Delaware. His driving record for 

the last 3 years shows no crashes but 

three convictions for moving violations 

in a CMV; one conviction was for an 

improper lane change and the other two 

convictions were for speeding in a CMV, 

in both speeding incidents, he exceeded 

the speed limit by 5 mph. 

Robert D. Smith 

Mr. Smith, 52, has had amblyopia in 

his right eye since childhood. The best 

corrected visual acuity in his right eye 

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

Following an examination in 2010, his 


srobinson on DSKHWCL6B1PROD with NOTICES
18826 Federal Register / Vol. 76, No. 65 / Tuesday, April 5, 2011 / Notices 

optometrist noted, ‘‘Robert has been 

driving commercially for a number of 

years, has been a patient here for over 

a decade, and I see no reason why he 

should not be able to continue to drive.’’ 

Mr. Smith reported that he has driven 

straight trucks for 17 years, 

accumulating 1.3 million miles and 

tractor-trailer combinations for 17 years 

accumulating 10,200 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. 

Richard D. Williams 

Mr. Williams, 55, has had loss of 

vision in his right eye since 2006. The 

best corrected visual acuity in his right 

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

Following an examination in 2011, his 

optometrist noted, ‘‘In light of the fact 

that his left eye has perfect 20/20 vision 

and that he does have a history of 

decreased vision in the right eye for the 

past several years, I do feel that he has 

adapted well to the situation and I have 

no concerns in his ability to drive a 

commercial vehicle.’’ Mr. Williams 

reported that he has driven straight 

trucks for 35 years, accumulating 2.6 

million miles, tractor-trailer 

combinations for 20 years accumulating 

1.5 million miles and buses for 5 years, 

accumulating 62,500 miles. He holds a 

Class D operator’s license from 

Oklahoma. His driving record for the 

last 3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

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 May 5, 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 29, 2011. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2011–7959 Filed 4–4–11; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2011–0091] 

Unified Carrier Registration Plan Board 

of Directors; Request for Nominations 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice Requesting Nominations 

from among Chief Administrative 

Officers of State Agencies to the Board 

of Directors. 

SUMMARY: The FMCSA solicits 

nominations and applications for 

appointment to the Board of Directors of 

the Unified Carrier Registration Plan 

(UCR Plan) of interested persons to 

serve as representatives of chief 

administrative officers of State agencies 

responsible for overseeing the Unified 

Carrier Registration Agreement (UCR 

Agreement). The Agency will appoint 

four members from such State agencies, 

one from each of FMCSA’s four service 

areas. As authorized by 49 U.S.C. 

14504a, the UCR Plan is responsible for 

the administration of the UCR 

Agreement. The UCR Agreement 

governs the registration and the 

collection and distribution of fees paid 

by for-hire and private motor carriers, 

brokers, freight forwarders, and leasing 

companies. The UCR Plan and 

Agreement replaced the Single State 

Registration System (SSRS), which was 

repealed as of January 1, 2008. 

DATES: Nominations or expressions of 

interest for appointment to the Board of 

Directors must be received on or before 

April 20, 2011. 

ADDRESSES: You may submit comments 

to this notice, identified by docket 

number FMCSA–2011–0091, by any of 

the following methods—Internet, 

facsimile, regular mail, or handdelivery. 

Federal eRulemaking Portal: Federal 

Docket Management System (FDMS) 

Web site at http://www.regulations.gov. 

The FDMS is the preferred method for 

submitting comments, and we urge you 

to use it. In the ‘‘Comment’’ or 

‘‘Submission’’ section, type Docket ID 

Number ‘‘FMCSA—2011–0091’’, select 

‘‘Go’’, and then click on ‘‘Send a 

Comment or Submission.’’ You will 

receive a tracking number when you 

submit a comment. 

Fax: 1–202–493–2251. 

Mail, Courier, or Hand-Deliver: U.S. 

Department of Transportation, Docket 

Operations (M–30), West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590. Office hours are between 9 

a.m. and 5 p.m., ET, Monday through 

Friday, except Federal holidays. 

Docket: Comments and material 

received from the public, as well as 

background information and documents 

mentioned in this preamble, are part of 

docket FMCSA—2011–0091, and are 

available for inspection and copying on 

the Internet at http:// 

www.regulations.gov. You may also 

view and copy documents at the U.S. 

Department of Transportation’s Docket 

Operations Unit, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC. 

Privacy Act: All comments will be 

posted without change including any 

personal information provided to the 

FDMS at http://www.regulations.gov. 

Anyone can search the electronic form 

of all our dockets in FDMS, by the name 

of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). The 

Department of Transportation’s (DOT) 

complete Privacy Act Systems of 

Records notice was published in the 

Federal Register on April 11, 2000 (65 

FR 19476), and can be viewed at http: 

//docketsinfo.dot.gov. Comments 

received after the comment closing date 

will be included in the docket, and we 

will consider late comments to the 

extent practicable. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Jose M. Rodriguez, Office of Research 

and Information Technology, (202) 366– 

3517, FMCSA, Department of 

Transportation, 1200 New Jersey Ave., 

SE., Washington, DC 20590 or by e-mail 

at: jose.rodriguez@dot.gov@dot.gov. 

Background 

Section 4305(b) of the Safe, 

Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users (SAFETEA–LU) [Pub. L. 109–59, 

119 Stat. 1144, August 10, 2005] enacted 

49 U.S.C. 14504a entitled ‘‘Unified 

carrier registration system plan and 

agreement.’’ Under the UCR Agreement, 

motor carriers, motor private carriers, 

brokers, freight forwarders, and leasing 

companies that are involved in 

interstate transportation register and pay 

certain fees. The UCR Plan’s Board of 

Directors must issue rules and 

regulations to govern the UCR 

Agreement. Section 14504a(a)(9) defines 

the Unified Carrier Registration Plan as 

the organization of State, Federal, and 

industry representatives responsible for 

developing, implementing, and 

administering the UCRA. Section 

14504a(d)(1)(B) directed the Secretary to 

establish a Unified Carrier Registration 

Plan Board of Directors made up of 15 


srobinson on DSKHWCL6B1PROD with NOTICES