Federal Register / Vol. 75, No. 219 / Monday, November 15, 2010 / Notices 69737 

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. 

diabetic retinopathy. He holds a Class E 

operator’s license from Louisiana. 

Steven M. Simpson 

Mr. Simpson, 50, has had ITDM since 

2009. 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; understands diabetes 

management and monitoring; has stable 

control of his diabetes using insulin; 

and is able to drive a CMV safely. Mr. 

Simpson 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 Indiana. 

James H. Smith 

Mr. Smith, 66, has had ITDM since 

2007. 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; understands diabetes 

management and monitoring; has stable 

control of his diabetes using insulin; 

and is able to drive a CMV safely. Mr. 

Smith meets the requirements of the 

vision standard at 49 CFR 391.41(b)(10). 

His optometrist examined him in 2010 

and certified that he does not have 

diabetic retinopathy. He holds a Class D 

operator’s license from Washington, DC. 

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: November 5, 2010. 

Larry W. Minor, 

Associate Administrator, Office of Policy. 

[FR Doc. 2010–28695 Filed 11–12–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2010–0287] 

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 15 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 December 15, 2010. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2010–0287 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 


srobinson on DSKHWCL6B1PROD with NOTICES
69738 Federal Register / Vol. 75, No. 219 / Monday, November 15, 2010 / Notices 

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 15 

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 

Robert W. Blankenship 

Mr. Blankenship, age 50, 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, ‘‘In my opinion, Mr. Blankenship 

has sufficient vision to perform the 

driving tasks to operate a commercial 

vehicle.’’ Mr. Blankenship reported that 

he has driven straight trucks for 29 

years, accumulating 580,000 miles and 

tractor-trailer combinations for 29 years, 

accumulating 2.3 million miles. He 

holds a Class A Commercial Driver’s 

License (CDL) from California. His 

driving record for the last 3 years shows 

one crash and one conviction for a 

moving violation in a CMV. He 

exceeded the speed limit by 10 mph. 

Bryan K. Deborde 

Mr. Deborde, 39, 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, 20/50. 

Following an examination in 2010, his 

optometrist noted, ‘‘It is my opinion that 

Mr. Deborde has sufficient vision to 

perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Deborde reported that he has driven 

tractor-trailer combinations for 19 years, 

accumulating 1.6 million miles. He 

holds a Class A CDL from Washington. 

His driving record for the last 3 years 

shows no crashes and one conviction for 

a moving violation in a CMV. He 

exceeded the speed limit by 10 miles 

per hour (mph). 

Michael K. Engemann 

Mr. Engemann, 32, has had a distorted 

cornea in his right eye since 1989 due 

trauma. 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, ‘‘Mike has 

sufficient vision to operate a 

commercial vehicle.’’ Mr. Engemann 

reported that he has driven straight 

trucks for 12 years, accumulating 

480,000 miles and tractor-trailer 

combinations for 12 years, accumulating 

960,000 miles. He holds a Class A CDL 

from Missouri. His driving record for 

the last 3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Pete R. Gonzalez 

Mr. Gonzalez, 25, has had optic nerve 

atrophy in his right eye since 1998 due 

to trauma. The best corrected visual 

acuity in his right eye is 20/300 and in 

his left eye, 20/20. Following an 

examination in 2010, his optometrist 

noted, ‘‘Pete has sufficient vision in the 

right eye to perform the driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Gonzalez reported that he 

has driven straight trucks for 4 years, 

accumulating 360,000 miles and tractortrailer combinations for 4 years, 

accumulating 360,000 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. 

John W. Harbaugh 

Mr. Harbaugh, 62, has had amblyopia 

and optic atrophy in his right eye since 

birth. The best corrected visual acuity in 

his right eye is count-finger vision only 

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

examination in 2010, his 

ophthalmologist noted, ‘‘Formal visual 

field perimetry testing reveals 140 

degrees of dynamic perception in the 

left eye permitting Mr. Harbaugh to 

operate a commercial vehicle without 

restrictions.’’ Mr. Harbaugh reported that 

he has driven straight trucks for 32 

years, accumulating 1.2 million miles. 

He holds a Class B CDL from Illinois. 

His driving record for the last 3 years 

shows no crashes and no convictions for 

moving violations in a CMV. 

Michael E. Herrera, Jr., 

Mr. Herrera, 53, has had primary open 

angle glaucoma in his left eye since 

2009. 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 

professional opinion. Mr. Herrera has 

sufficient vision to drive a commercial 

vehicle. Mr. Herrera reported that he has 

driven straight trucks for 23 years, 

accumulating 23,000 miles and tractortrailer combinations for 8 years, 

accumulating 8,000 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. 

William E. Jacobs 

Mr. Jacobs, 63, has had toxoplasmosis 

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 

ophthalmologist noted, ‘‘I feel he has 

sufficient vision to perform the driver’s 

tasks required to operate a commercial 

vehicle.’’ Mr. Jacobs reported that he has 

driven buses for 13 years, accumulating 

247,000 miles. He holds a Class B CDL 

from Texas. His driving record for the 

last 3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Perry D. Jensen 

Mr. Jensen, 50, 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, ‘‘This patient has 

sufficient vision to drive a commercial 

vehicle.’’ Mr. Jensen reported that he has 

driven straight trucks for 30 years, 

accumulating 600,000 miles and tractortrailer combinations for 30 years, 

accumulating 150,000 miles. He holds a 

Class A CDL from Wisconsin. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Joseph L. Jones 

Mr. Jones, 55, has had exotropia and 

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 2010, his 

ophthalmologist noted, ‘‘Mr. Jones 

exhibits sufficient vision to operate a 

commercial vehicle.’’ Mr. Jones reported 

that he has driven straight trucks for 32 

years, accumulating 480,000 miles and 

tractor-trailer combinations for 32 years, 

accumulating 1.9 million miles. He 

holds a Class A CDL from Maryland. 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. 75, No. 219 / Monday, November 15, 2010 / Notices 69739 

Gary L. Nicholas 

Mr. Nicholas, 53, has complete loss of 

vision in his right eye since childhood. 

The best corrected visual acuity in his 

left eye is 20/20. Following an 

examination in 2010, his 

ophthalmologist noted, ‘‘I feel that he 

has sufficient vision to perform the 

driving tasks required to operate a 

commercial vehicle.’’ Mr. Nicholas 

reported that he has driven straight 

trucks for 36 years, accumulating 

360,000 miles. He holds a Class C 

chauffeur’s license from Michigan. His 

driving record for the last 3 years shows 

one crash, for which he was not cited, 

and no convictions for moving 

violations in a CMV. 

James G. Pitchford 

Mr. Pitchford, 67, has had a prosthetic 

right eye since childhood. The best 

corrected visual acuity in his left eye is 

20/20. Following an examination in 

2010, his optometrist noted, ‘‘It is my 

opinion that this patient has sufficient 

vision to perform his driving tasks and 

operate a commercial vehicle.’’ Mr. 

Pitchford reported that he has driven 

straight trucks for 201⁄2 years, 

accumulating 483,585 miles and tractortrailer combinations for 201⁄2 years, 

accumulating 1.1 million 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. 

Virgil R. Story 

Mr. Story, 50, 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 2010, his 

optometrist noted, ‘‘I feel in my medical 

opinion that patient has sufficient 

vision to perform his currently assigned 

driving tasks required to operate a 

commercial vehicle.’’ Mr. Story reported 

that he has driven tractor-trailer 

combinations for 20 years, accumulating 

1.6 million miles. He holds a Class A 

CDL from Arkansas. His driving record 

for the last 3 years shows no crashes and 

no convictions for moving violations in 

a CMV. 

John A. Thomas, Jr. 

Mr. Thomas, 50, 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 

optometrist noted, ‘‘I find that his vision 

is adequate to operate any commercial 

vehicle without glasses.’’ Mr. Thomas 

reported that he has driven straight 

trucks for 32 years, accumulating 

640,000 miles and tractor-trailer 

combinations for 32 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 and no convictions for moving 

violations in a CMV. 

Richard L. Totels 

Mr. Totels, 57, has had macular 

scarring 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 ophthalmologist noted, ‘‘In my 

medical opinion, this patient has 

adequate vision to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Totels reported that he has 

driven tractor-trailer combinations for 

37 years, accumulating 3.7 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. 

James B. Woolwine 

Mr. Woolwine, 44, 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, 20/400. 

Following an examination in 2010, his 

ophthalmologist noted, ‘‘He has 

sufficient visual capabilities to operate a 

commercial vehicle.’’ Mr. Woolwine 

reported that he has driven straight 

trucks for 4 years, accumulating 200,000 

miles and tractor-trailer combinations 

for 4 years, accumulating 60,000 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 December 15, 2010. 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: November 5, 2010. 

Larry W. Minor, 

Associate Administrator, Office of Policy and 

Program Development. 

[FR Doc. 2010–28699 Filed 11–12–10; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

Proposed Collection; Comment 

Request for Form 8921 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice and request for 

comments. 

SUMMARY: The Department of the 

Treasury, as part of its continuing effort 

to reduce paperwork and respondent 

burden, invites the general public and 

other Federal agencies to take this 

opportunity to comment on proposed 

and/or continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995, 

Public Law 104–13 (44 U.S.C. 

3506(c)(2)(A)). Currently, the IRS is 

soliciting comments concerning Form 

8921, Applicable Insurance Contracts 

Information Return. 

DATES: Written comments should be 

received on or before January 14, 2011 

to be assured of consideration. 

ADDRESSES: Direct all written comments 

to Gerald Shields, Internal Revenue 

Service, Room 6129, 1111 Constitution 

Avenue, NW., Washington, DC 20224. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the form and instructions 

should be directed to Joel Goldberger, at 

(202) 927–9368, or at Internal Revenue 

Service, Room 6129, 1111 Constitution 

Avenue, NW., Washington, DC 20224, 

or through the Internet, at 

Joel.P.Goldberger@irs.gov. 

Title: Applicable Insurance Contracts 

Information Return. 

OMB Number: 1545–2083. 

Form Number: Form 8921. 

Abstract: To comply with IRC section 

6050V, as added by the Pension 

Protection Act of 2006, an applicable 

exempt organization must file a Form 

8921 for each structured transaction 

under which it makes reportable 

acquisitions of applicable insurance 

contracts. The information gathered will 

be used by the Treasury to issue a twoyear report to Congress. 

Current Actions: There are no changes 

being made to Form 8921 at this time. 

Type of Review: Extension of a 

currently approved collection. 


srobinson on DSKHWCL6B1PROD with NOTICES