Federal Register / Vol. 77, No. 67 / Friday, April 6, 2012 / Notices 20879 

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. 

Thomas R. Toews 

Mr. Toews, 71, has had ITDM since 

2011. His endocrinologist examined him 

in 2012 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. Toews understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Toews meets the vision 

requirements of 49 CFR 391.41(b)(10). 

His ophthalmologist examined him in 

2012 and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from Oregon. 

James E. Waller, III 

Mr. Waller, 41, has had ITDM since 

2011. His endocrinologist examined him 

in 2012 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. Waller understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Waller meets the vision 

requirements of 49 CFR 391.41(b)(10). 

His optometrist examined him in 2012 

and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from Georgia. 

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 USC. 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. 

Dated: Issued on: April 2, 2012. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2012–8385 Filed 4–5–12; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2012–0039] 

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 13 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 May 7, 2012. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2012–0039 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 

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20880 Federal Register / Vol. 77, No. 67 / Friday, April 6, 2012 / Notices 

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 13 

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 

Juan Castanon 

Mr. Castanon, age 46, has complete 

loss of vision in his right due to a 

traumatic injury sustained at age 9. The 

visual acuity in his left eye is 20/20. 

Following an examination in 2011, his 

optometrist noted, ‘‘I feel that Mr. 

Castanon is able to drive a commercial 

vehicle without glasses safely.’’ Mr. 

Castanon reported that he has driven 

straight trucks for 6 years, accumulating 

2,304 miles. He holds a Class D 

operator’s license from New Mexico. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a Commercial 

Motor Vehicle (CMV). 

Donald F. Erke 

Mr. Erke, 70, 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 

optometrist noted, ‘‘It is my medical 

opinion that Mr. Erke has sufficient 

vision to perform any and all driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Erke reported that he has 

driven straight trucks for 17 years, 

accumulating 1.5 million miles and 

tractor-trailer combinations for 25 years, 

accumulating 2.3 million miles. He 

holds a Class A CDL from Michigan. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Ronald D. Flanery 

Mr. Flanery, 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 

ophthalmologist noted, ‘‘Based upon my 

findings and medical expertise, I Daniel 

Ewen, MD hereby certify Ronald 

Flanery to be visually able to safely 

operate a commercial motor vehicle.’’ 

Mr. Flanery reported that he has driven 

straight trucks for 15 years, 

accumulating 465,000 miles and tractortrailer combinations for 5 years, 

accumulating 1,250 miles. He holds a 

Class A CDL from Kentucky. 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. 

Mark G. Kleinheider 

Mr. Kleinheider, 48, has a detached 

retina in his left due to a traumatic 

injury sustained in 1989. The best 

corrected visual acuity in his right eye 

is 20/20. Following an examination in 

2011, his ophthalmologist noted, ‘‘It is 

my medical opinion that Mark has 

sufficient vision to perform the driving 

tasks required to operate a commercial 

motor vehicle.’’ Mr. Kleinheider 

reported that he has driven straight 

trucks for 3 years, accumulating 60,000 

miles and tractor-trailer combinations 

for 3 years, accumulating 15,000 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. 

Joseph C. Powell 

Mr. Powell, 57, has complete loss of 

vision in his right due to a traumatic 

injury sustained 10 years ago. The 

visual acuity in his left eye is 20/20. 

Following an examination in 2011, his 

optometrist noted, ‘‘I certify that, in my 

medical opinion, Mr. Powell has 

sufficient vision to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Powell reported that he 

has driven straight trucks for 15 years, 

accumulating 150,000 miles and tractortrailer combinations for 35 years, 

accumulating 1.12 million miles. He 

holds a Class A CDL from Virginia. His 

driving record for the last 3 years shows 

no crashes but one conviction for 

speeding in a CMV; he exceeded the 

speed limit by 12 mph. 

David L. Schachle 

Mr. Schachle, 40, has a prosthetic 

right eye due to a traumatic injury 

sustained at 8 months old. The best 

corrected visual acuity in his left eye is 

20/20. Mr. Schachle reported that he has 

driven straight trucks for 4 years, 

accumulating 120,000 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 Commercial 

Motor Vehicle (CMV). 

Michael E. See 

Mr. See, 55, has complete loss of 

vision in his right due to a traumatic 

injury sustained at age 3. The best 

corrected visual acuity in his left eye is 

20/15. Following an examination in 

2011, his optometrist noted, ‘‘I believe 

you have sufficient vision to perform 

the driving tasks required to operate a 

commercial vehicle.’’ Mr. See reported 

that he has driven straight trucks for 30 

years, accumulating 1.2 million miles. 

He holds a Class B CDL from New York. 

His driving record for the last 3 years 

shows no crashes and no convictions for 

moving violations in a CMV. 

James A. Settlemyre 

Mr. Settlemyre, 59, has had esotropia 

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 

optometrist noted, ‘‘In my medical 

opinion, I feel James Settlemyre has 

sufficient vision to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Settlemyre reported that 

he has driven straight trucks for 8 years, 

accumulating 1 million miles. He holds 

a chauffeur’s license from Indiana. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Steven K. Simone 

Mr. Simone, 61, has had keratoconus 

in his left eye for 30 years. The best 

corrected visual acuity in his right eye 

is 20/40, and in his left eye 20/400. 

Following an examination in 2011, his 

optometrist noted, ‘‘I feel Steve is 

sufficient to perform the driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Simone reported that he 

has driven straight trucks for 42 years, 

accumulating 3.4 million miles. He 

holds a Class C operator’s license from 

Kansas. His driving record for the last 3 

years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Mark J. Sobczyk 

Mr. Sobczyk, 25, 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. 

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Federal Register / Vol. 77, No. 67 / Friday, April 6, 2012 / Notices 20881 

Following an examination in 2011, his 

ophthalmologist noted, ‘‘I certify that 

Mark Sobczyk’s ocular condition is 

satisfactory for operating commercial 

vehicles.’’ Mr. Sobczyk reported that he 

has driven straight trucks for 51⁄2 years, 

accumulating 206,000 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. 

Richard D. Sparkman 

Mr. Sparkman, 62, has complete loss 

of vision in his right 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 ophthalmologist noted, ‘‘Based 

on the above information, I believe the 

patient has sufficient vision to perform 

the driving tasks required by his current 

commercial vehicle.’’ Mr. Sparkman 

reported that he has driven straight 

trucks for 10 years, accumulating 

520,000 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. 

Joshua A. Wheaton 

Mr. Wheaton, 30, has a detached 

retina in his left due to a traumatic 

injury sustained in 1997. The visual 

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

his left eye, no light perception. 

Following an examination in 2011, his 

optometrist noted, ‘‘I feel that Joshua 

has more than adequate vision to 

perform any driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Wheaton reported that he has driven 

straight trucks for 5 years, accumulating 

225,000 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. 

John K. Wright 

Mr. Wright, 47, has had amblyopia in 

his right eye since birth. The best 

corrected visual acuity in his right eye 

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

Following an examination in 2011, his 

optometrist noted, ‘‘This meets the 

vision requirement to perform the 

driving tasks required to operate a 

commercial vehicle.’’ Mr. Wright 

reported that he has driven straight 

trucks for 31⁄2 years, accumulating 

105,000 miles and tractor-trailer 

combinations for 6 months, 

accumulating 30,000 miles. He holds a 

Class A CDL from Montana. 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 7, 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: April 2, 2012. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2012–8384 Filed 4–5–12; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2012–0087] 

Unified Carrier Registration Plan Board 

of Directors; Request for Nominations 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice: Request for Nominations 

from the Motor Carrier Industry to the 

Board of Directors. 

SUMMARY: 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 the motor carrier 

industry. The Agency will appoint five 

members from the motor carrier 

industry. 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 

May 7, 2012. 

ADDRESSES: You may submit comments 

to this notice, identified by docket 

number FMCSA–2012–0087, 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–2012–0087’’, 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–2012–0087, 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: 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 Federal Docket 

Management System 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: 

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 email 

at: jose.rodriguez@dot.gov. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

Background 

Section 4305(b) of the Safe, 

Accountable, Flexible, Efficient 

mstockstill on DSK4VPTVN1PROD with NOTICES