10610 Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Notices 

that model, concluded that crash rates 

for the same individual exposed to 

certain risks for two different time 

periods vary only slightly (See Bates 

and Neyman, University of California 

Publications in Statistics, April 1952). 

Other studies demonstrated theories of 

predicting crash proneness from crash 

history coupled with other factors. 

These factors—such as age, sex, 

geographic location, mileage driven and 

conviction history—are used every day 

by insurance companies and motor 

vehicle bureaus to predict the 

probability of an individual 

experiencing future crashes (See Weber, 

Donald C., ‘‘Accident Rate Potential: An 

Application of Multiple Regression 

Analysis of a Poisson Process,’’ Journal 

of American Statistical Association, 

June 1971). A 1964 California Driver 

Record Study prepared by the California 

Department of Motor Vehicles 

concluded that the best overall crash 

predictor for both concurrent and 

nonconcurrent events is the number of 

single convictions. This study used 3 

consecutive years of data, comparing the 

experiences of drivers in the first 2 years 

with their experiences in the final year. 

Applying principles from these 

studies to the past 3-year record of the 

twelve applicants, none of the drivers 

were involved in a crash and none were 

convicted of moving violations in a 

CMV. All the applicants achieved a 

record of safety while driving with their 

vision impairment, demonstrating the 

likelihood that they have adapted their 

driving skills to accommodate their 

condition. As the applicants’ ample 

driving histories with their vision 

deficiencies are good predictors of 

future performance, FMCSA concludes 

their ability to drive safely can be 

projected into the future. 

We believe that the applicants’ 

intrastate driving experience and history 

provide an adequate basis for predicting 

their ability to drive safely in interstate 

commerce. Intrastate driving, like 

interstate operations, involves 

substantial driving on highways on the 

interstate system and on other roads 

built to interstate standards. Moreover, 

driving in congested urban areas 

exposes the driver to more pedestrian 

and vehicular traffic than exists on 

interstate highways. Faster reaction to 

traffic and traffic signals is generally 

required because distances between 

them are more compact. These 

conditions tax visual capacity and 

driver response just as intensely as 

interstate driving conditions. The 

veteran drivers in this proceeding have 

operated CMVs safely under those 

conditions for at least 3 years, most for 

much longer. Their experience and 

driving records lead us to believe that 

each applicant is capable of operating in 

interstate commerce as safely as he/she 

has been performing in intrastate 

commerce. Consequently, FMCSA finds 

that exempting these applicants from 

the vision requirement in 49 CFR 

391.41(b)(10) is likely to achieve a level 

of safety equal to that existing without 

the exemption. For this reason, the 

Agency is granting the exemptions for 

the 2-year period allowed by 49 U.S.C. 

31136(e) and 31315 to the twelve 

applicants listed in the notice of January 

5, 2012 (77 FR 539). 

We recognize that the vision of an 

applicant may change and affect his/her 

ability to operate a CMV as safely as in 

the past. As a condition of the 

exemption, therefore, FMCSA will 

impose requirements on the twelve 

individuals consistent with the 

grandfathering provisions applied to 

drivers who participated in the 

Agency’s vision waiver program. 

Those requirements are found at 49 

CFR 391.64(b) and include the 

following: (1) That each individual be 

physically examined every year (a) by 

an ophthalmologist or optometrist who 

attests that the vision in the better eye 

continues to meet the requirement 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 

provide 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, or keep a copy in his/her driver’s 

qualification file if he/she is selfemployed. The driver must have a copy 

of the certification when driving, for 

presentation to a duly authorized 

Federal, State, or local enforcement 

official. 

Discussion of Comments 

FMCSA received no comments in this 

proceeding. 

Conclusion 

Based upon its evaluation of the 

twelve exemption applications, FMCSA 

exempts Rene Amaya (NM), Brian K. 

Cline (NC), Robert R. Judd (IN), Mickey 

E. Lawson (NC), Robbery J. Nelson (NC), 

Thomas M. Nubert (NC), Terri D. Payne 

(KY), Michael C. Reese (GA), Mark C. 

Reineke (NM), Robert T. Reynolds (OH), 

Lawrence D. Ventimiglia (NV) and 

Chadwick L. Wyatt (NC) from the vision 

requirement in 49 CFR 391.41(b)(10), 

subject to the requirements cited above 

(49 CFR 391.64(b)). 

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

and 31315, each exemption will be valid 

for 2 years unless revoked earlier by 

FMCSA. The exemption will be revoked 

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 and 31315. 

If the exemption is still effective at the 

end of the 2-year period, the person may 

apply to FMCSA for a renewal under 

procedures in effect at that time. 

Issued on: February 10, 2012. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2012–3976 Filed 2–21–12; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2011–0378] 

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 March 23, 2012. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2011–0378 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 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Notices 10611 

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: 

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 

Robert J. Abbas 

Mr. Abbas, age 62, has had amblyopia 

in his left eye since birth. The best 

corrected visual acuity in right eye is 

20/20 and in his left eye, 

20/100. Following an examination in 

2011, his ophthalmologist noted, ‘‘In my 

medical opinion, this patient has 

sufficient vision to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Abbas reported that he has 

driven tractor-trailer combinations for 

31 years, accumulating 2.3 million 

miles. He holds a Class A Commercial 

Driver’s License (CDL) from Minnesota. 

His driving record for the last 3 years 

shows no crashes and one conviction for 

speeding in a Commercial Motor 

Vehicle (CMV); he exceeded the speed 

limit by 13 mph. 

Paul T. Browning 

Mr. Browning, 50, has a severed optic 

nerve in his right eye due to a traumatic 

injury sustained in 1995. The best 

corrected visual acuity in right eye is 

light perception and in his left eye, 

20/20. Following an examination in 

2011, his optometrist noted, ‘‘It is my 

opinion after examining Mr. Browning 

that visually he is able to operate a 

commercial motor vehicle in a safe and 

prudent manner.’’ Mr. Browning 

reported that he has driven straight 

trucks for 13 years, accumulating 

273,000 miles. He holds a Class B CDL 

from Montana. His driving record for 

the last 3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Robert P. Clark 

Mr. Clark, 66, has a detached retina in 

his left eye due to a traumatic injury 

sustained in 1967. The best corrected 

visual acuity in right eye is 20/20 and 

in his left eye, hand motion vision. 

Following an examination in 2011, his 

optometrist noted, ‘‘It is my opinion that 

Mr. Clark has sufficient vision to 

operate a commercial vehicle.’’ Mr. 

Clark reported that he has driven 

straight trucks for 45 years, 

accumulating 1.1 million miles. He 

holds a Class B CDL from New York. His 

driving record for the last 3 years shows 

no crashes and one conviction for a 

moving violation in a CMV; driving a 

CMV while disqualified. 

Carey C. Earwood 

Mr. Earwood, 67, has a corneal scar in 

his left eye due to an injury sustained 

55 years ago. The best corrected visual 

acuity in right eye is 20/20 and in his 

left eye, 20/70. Following an 

examination in 2011, his optometrist 

noted, ‘‘Based on the results of the 

examination, Mr. Carey Earwood was 

found to have sufficient vision to safely 

operate a motor vehicle.’’ Mr. Earwood 

reported that he has driven tractortrailer combinations for 40 years, 

accumulating 4.4 million miles. He 

holds a Class D operator’s license from 

Alabama. His driving record for the last 

3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Cheryl G. Johnson 

Mrs. Johnson, 66, has had complete 

loss of vision in her left eye since birth. 

The best corrected visual acuity in right 

eye 20/20. Following an examination in 

2011, his ophthalmologist noted, ‘‘In my 

opinion Mrs. Johnson has sufficient 

vision to perform the driving tasks 

required to operate a commercial 

vehicle.’’ Mrs. Johnson reported that she 

has driven buses trucks for 24 years, 

accumulating 288,000 miles. She holds 

a chauffeur’s license from Indiana. Her 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Kevan J. Larson 

Mr. Larson, 28, has had macular 

scarring in his left eye since birth. The 

best corrected visual acuity in his right 

eye is 20/15, and in his left eye, countfinger vision. Following an examination 

in 2011, his optometrist noted, ‘‘In my 

medical opinion, and based upon 

results of Kevan’s vision examination, I 

believe he has sufficient vision 

capabilities to perform the driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Larson reported that he 

has driven straight trucks for 10 years, 

accumulating 280,000 miles. He holds a 

Class D operator’s license from Idaho. 

His driving record for the last 3 years 

shows no crashes and no convictions for 

moving violations in a CMV. 

Melvin D. Rolfe 

Mr. Rolfe, 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, 20/200. 

Following an examination in 2011, his 

optometrist noted, ‘‘I feel he has 

sufficient vision to perform the driving 

tasks of a commercial vehicle.’’ Mr. 

Rolfe reported that he has driven 

straight trucks for 4 years, accumulating 

80,000 miles. He holds a Class D 


srobinson on DSK4SPTVN1PROD with NOTICES
10612 Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Notices 

operator’s license from Minnesota. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Gilbert M. Rosas 

Mr. Rosas, 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, 20/100. 

Following an examination in 2011, his 

optometrist noted, ‘‘I certify that patient 

Gilbert Rosas has sufficient vision to 

perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Rosas reported that he has driven 

straight trucks for 14 years, 

accumulating 1.1 million miles and 

tractor-trailer combinations for 3 years, 

accumulating 150,000 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. 

Kim A. Shaffer 

Mr. Shaffer, 61, has a prosthetic right 

eye due to a traumatic injury sustained 

as a child. The best corrected visual 

acuity in his left eye is 20/20. Following 

an examination in 2011, his optometrist 

noted, ‘‘This patient has sufficient 

vision to perform the driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Shaffer reported that he 

has driven tractor-trailer combinations 

for 40 years, accumulating 1.4 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. 

Larry W. Slinker 

Mr. Slinker, 59, 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 2011, his 

ophthalmologist noted, ‘‘In my opinion, 

he should be able to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Slinker reported that he 

has driven tractor-trailer combinations 

for 2 years, accumulating 280,000 miles 

and buses for 2 years, accumulating 

41,600 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. 

Lonnie J. Supanchick 

Mr. Supanchick, 59, has had 

amblyopia in his left eye since 

childhood. The best corrected visual 

acuity in his right eye is 20/25, and in 

his left eye, 20/150. Following an 

examination in 2011, his optometrist 

noted, ‘‘In my opinion, Mr. Lonnie 

Supanchick has sufficient vision to 

perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Supanchick reported that he has driven 

straight trucks for 11 years, 

accumulating 137,500 miles and tractortrailer combinations for 10 years, 

accumulating 175,000 miles. He holds a 

Class B CDL from Nevada. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Gerald W. Warner 

Mr. Warner, 20, has had amblyopia in 

his right eye since birth. The best 

corrected visual acuity in his right eye 

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

Following an examination in 2011, his 

ophthalmologist noted, ‘‘In my 

professional opinion, Mr. Warner has 

sufficient vision to operate a 

commercial vehicle and to perform the 

driving tasks required.’’ Mr. Warner 

reported that he has driven straight 

trucks for 32 years, accumulating 

480,000 miles and tractor-trailer 

combinations for 32 years, accumulating 

1.6 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. 

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 23, 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: February 10, 2012. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2012–3991 Filed 2–21–12; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2011–0382] 

Qualification of Drivers; Exemption 

Applications; Diabetes Mellitus 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA). 

ACTION: Notice of applications for 

exemption from the diabetes mellitus 

requirement; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from 17 individuals for 

exemption from the prohibition against 

persons with insulin-treated diabetes 

mellitus (ITDM) operating commercial 

motor vehicles (CMVs) in interstate 

commerce. If granted, the exemptions 

would enable these individuals with 

ITDM to operate CMVs in interstate 

commerce. 

DATES: Comments must be received on 

or before March 23, 2012. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2011–0382 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 

Federal Docket Management System 

(FDMS) is available 24 hours each day, 


srobinson on DSK4SPTVN1PROD with NOTICES