Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Notices 17109 

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 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 14 individuals 

who have requested renewal of their 

exemptions in accordance with FMCSA 

procedures. FMCSA has evaluated these 

14 applications for renewal on their 

merits and decided to extend each 

exemption for a renewable two-year 

period. They are: 

Dwight A. Bennett (MD) 

Chad L. Burnham (ME) 

Loren D. Chapman (MN) 

David A. Christenson (NV) 

Charles R. Everett (TN) 

Charles D. Grady (GA) 

Paul K. Leger (NH) 

Robert L. Postell (GA) 

Martin L. Reyes (IL) 

Gerald L. Rush, Jr. (NJ) 

Gary F. Segur (MI) 

Alan T. Watterson (MA) 

David E. Williford (NC) 

Larry Winkler (MO) 

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 requirements 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 14 applicants has 

satisfied the entry conditions for 

obtaining an exemption from the vision 

requirements (72 FR 39879; 72 FR 

52419; 75 FR 8184; 75 FR 9480; 75 FR 

22176). Each of these 14 applicants has 

requested renewal of the exemption and 

has submitted evidence showing that 

the vision in the better eye continues to 

meet the requirement 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 

requirements. 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 April 23, 

2012. 

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 14 

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 

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: March 20, 2012. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2012–7129 Filed 3–22–12; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2011–0380] 

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 


srobinson on DSK4SPTVN1PROD with NOTICES
17110 Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Notices 

without meeting the Federal vision 

requirement. 

DATES: Comments must be received on 

or before April 23, 2012. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2011–0380 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: 

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. Ambrose 

Mr. Ambrose, age 57, has had 

amblyopia in his left eye since 

childhood. The best corrected visual 

acuity in right eye is 20/15 and in his 

left eye, 20/60. Following an 

examination in 2011, his 

ophthalmologist noted, ‘‘It is my 

opinion, this patient has sufficient 

vision to perform the driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Ambrose reported that he 

has driven straight trucks for 3 years, 

accumulating 60,000 miles. He holds a 

Class A Commercial Driver’s License 

(CDL) from Massachusetts. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a Commercial Motor 

Vehicle (CMV). 

Clifford W. Doran, Jr. 

Mr. Doran, 51, has had a macular scar 

in his left eye due to a traumatic injury 

sustained in 2003. The best corrected 

visual acuity in his right eye is 20/20 

and in his left eye, 20/400. Following an 

examination in 2011, his 

ophthalmologist noted, ‘‘I see no 

contraindications to him operating a 

commercial motor vehicle safely.’’ Mr. 

Doran reported that he has driven 

straight trucks for 1 year, accumulating 

12,000 miles and tractor-trailer 

combinations for 19 years accumulating 

3 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. 

Scott T. Green 

Mr. Green, 31, 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, 20/70. 

Following an examination in 2011, his 

optometrist noted, ‘‘It is my opinion that 

his visual condition is stable and that he 

has sufficient visual function to perform 

the driving tasks required to operate a 

commercial vehicle.’’ Mr. Green 

reported that he has driven straight 

trucks for 6 years, accumulating 37,500 

miles. He holds a Class C operator’s 

license from Oregon. His driving record 

for the last 3 years shows no crashes and 

no convictions for moving violations in 

a CMV. 

Mark J. Meacham 

Mr. Meacham, 49, has a prosthetic left 

eye due to a traumatic injury sustained 

20 years ago. The best corrected visual 

acuity in right eye is 20/20. Following 

an examination in 2011, his 

ophthalmologist noted, ‘‘In my medical 

opinion, you have sufficient vision in 

the right eye to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Meacham reported that he 

has driven straight trucks for 15 years, 

accumulating 2.25 million miles. He 

holds a Class C operator’s license from 

North Carolina. His driving record for 

the last 3 years shows one crash, which 

he was not cited for, and one conviction 

for speeding in a CMV; he exceeded the 

speed limit by 9 mph. 

Ronnie D. Owens 

Mr. Owens, 63, has a prosthetic right 

eye due to a traumatic injury sustained 

at age 23. The best corrected visual 

acuity in left eye is 20/20. Following an 

examination in 2011, his optometrist 

noted, ‘‘In my professional opinion, Mr. 

Owens has sufficient vision to operate a 

commercial vehicle.’’ Mr. Owens 

reported that he has driven straight 

trucks for 47 years, accumulating 2.9 

million miles and tractor-trailer 

combinations for 42 years, accumulating 

315,000 miles. He holds a Class A CDL 

from Missouri. His driving record for 

the last 3 years shows no crashes and 

conviction for speeding in a CMV; he 

exceeded the speed limit by 20 mph. 

Rojelio Garcia-Pena 

Mr. Garcia-Pena, 49, 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, 20/400. 

Following an examination in 2011, his 

optometrist noted, ‘‘Mr. Pena has full 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Notices 17111 

visual fields in each eye as well as 

normal color vision. His best corrected 

visual acuity in his right eye is 20/20 

and in his left eye 20/400. Following an 

examination in 2011, his optometrist 

noted, ‘‘In my opinion, the above 

mentioned findings qualify Mr. Pena to 

operate a commercial vehicle safely.’’ 

Mr. Garcia-Pena reported that he has 

driven straight trucks for 14 years, 

accumulating 280,000 miles. He holds a 

Class A CDL from Michigan. His driving 

record for the last 3 years shows two 

crashes; he was cited for one of the 

crashes, and no convictions for moving 

violations in a CMV. 

John M. Riley 

Mr. Riley, 34, has had amblyopia in 

his left eye since childhood. The best 

corrected visual acuity in right eye is 

20/20 and in his left eye, 20/150. 

Following an examination in 2011, his 

optometrist noted, ‘‘In my medical 

opinion, I believe Mr. Riley has 

sufficient vision to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Riley reported that he has 

driven straight trucks for 15 years, 

accumulating 750,000 miles and tractortrailer combinations for 15 years, 

accumulating 675,000 miles. He holds a 

Class A CDL from Alabama. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Jeffrey A. Sheets 

Mr. Sheets, 29, has aphakia in his 

right eye due to a traumatic injury 

sustained at age 3. The best corrected 

visual acuity in right eye is count-finger 

vision and in his left eye, 20/20. 

Following an examination in 2011, his 

optometrist noted, ‘‘In my opinion, 

Mr. Sheets does have sufficient vision to 

perform the driving tasks required to 

operate a commercial vehicle.’’ 

Mr. Sheets reported that he has driven 

straight trucks for 7 years, accumulating 

525,000 miles and tractor-trailer 

combinations for 1 year, accumulating 

20,000 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. 

Scotty W. Sparks 

Mr. Sparks, 37, 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, 20/200. 

Following an examination in 2011, his 

optometrist noted, ‘‘It is my opinion that 

despite the poor visual acuity in 

Mr. Sparks left eye, he does have normal 

acuity in the right eye and normal visual 

fields in both eyes, allowing for 

sufficient vision to perform the driving 

tasks required to operate a commercial 

motor vehicle in interstate commerce.’’ 

Mr. Sparks reported that he has driven 

straight trucks for 12 years, 

accumulating 288,000 miles. He holds a 

Class B CDL from Kentucky. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Scottie Stewart 

Mr. Stewart, 57, has had amblyopia in 

his right eye since childhood. The best 

corrected visual acuity in right eye is 

hand motion vision and in his left eye, 

20/20. Following an examination in 

2011, his ophthalmologist noted, 

‘‘Patient has sufficient vision to perform 

said tasks required to operate a 

commercial vehicle.’’ Mr. Stewart 

reported that he has driven tractortrailer combinations for 23 years, 

accumulating 1.7 million miles. He 

holds a Class A CDL from Mississippi. 

His driving record for the last 3 years 

shows no crashes and no convictions for 

moving violations in a CMV. 

Charles E. Stokes 

Mr. Stokes, 59, has complete loss of 

vision in his right eye. The best 

corrected visual acuity in right eye is 

hand motion vision and in his left eye, 

20/25. Following an examination in 

2011, his ophthalmologist noted, 

‘‘Although both conditions can 

potentially be progressive, currently his 

monocular status and intact visual field 

would not prohibit him from operating 

a commercial vehicle.’’ Mr. Stokes 

reported that he has driven straight 

trucks for 16 years, accumulating 1.5 

million miles and tractor-trailer 

combinations for 18 years, accumulating 

1.1 million miles. He holds a Class A 

CDL from Michigan. His driving record 

for the last 3 years shows two crashes 

in a CMV, for which he was cited, and 

no convictions for moving violations in 

a CMV. 

Timothy J. Sullivan 

Mr. Sullivan, 60, has complete loss of 

vision in his left eye due to a traumatic 

injury sustained in 1998. The best 

corrected visual acuity in right eye is 

20/20 and in his left eye, light 

perception. Following an examination 

in 2011, his ophthalmologist noted, ‘‘In 

my medical opinion, I feel Mr. Sullivan 

has sufficient vision to perform the 

driving tasks required to operate a 

commercial vehicle.’’ Mr. Sullivan 

reported that he has driven straight for 

18 years, accumulating 1.4 million 

miles. He holds a Class E operator’s 

license from Florida. 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 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: March 16, 2012. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2012–7088 Filed 3–22–12; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2012–0042] 

Qualification of Drivers; Exemption 

Applications; Diabetes Mellitus 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of applications for 

exemption from the diabetes mellitus 

requirement; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from nineteen 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 April 23, 2012. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2012–0042 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 


srobinson on DSK4SPTVN1PROD with NOTICES