Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Notices 1921 

accumulating 260,000 miles, and 

tractor-trailer combinations for 12 years, 

accumulating 24,000 miles. He holds a 

Class A CDL from Iowa. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Jerry Hall 

Mr. Hall, 51, 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, 20/50. 

Following an examination in 2012, his 

ophthalmologist noted, ‘‘Mr. Hall’s 

diagnosis is amblyopia OS which is 

stable and non-progressive. With these 

findings he should be able to operate a 

motor vehicle commercially.’’ Mr. Hall 

reported that he has driven straight 

trucks for 7 years, accumulating 84,000 

miles, and tractor-trailer combinations 

for 6 months, accumulating 8,000 miles. 

He holds a Class D CDL from Kentucky. 

His driving record for the last 3 years 

shows no crashes and no convictions for 

moving violations in a CMV. 

Jerry L. Parker 

Mr. Parker, 57, has had a mature 

cataract in his right eye due to a 

traumatic incident during childhood. 

The best corrected visual acuity in his 

right eye is hand motion, and in his left 

eye, 20/20. Following an examination in 

2012, his optometrist noted, ‘‘Since he 

received this injury as a child, he has 

adapted well with head movements to 

safely drive a commercial vehicle.’’ Mr. 

Parker reported that he has driven 

straight trucks for 30 years, 

accumulating 375,000 miles. He holds 

an 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 CMV. 

Colin Passmore 

Mr. Passmore, 43, has had complete 

loss of vision in his left eye due to a 

traumatic incident at age 15. The best 

corrected visual acuity in his right eye 

is 20/20. Following an examination in 

2012, his optometrist noted, ‘‘In my 

professional opinion, Colin can safely 

operate a commercial vehicle. His acuity 

and visual field are excellent and with 

the duration of the deficiency he is fully 

adapted.’’ Mr. Passmore reported that he 

has driven straight trucks for 4 years, 

accumulating 200,000 miles. He holds a 

Class B CDL from Minnesota. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Dennis W. Pevey 

Mr. Pevey, 56, has had amblyopia in 

his left eye since childhood. The best 

corrected visual acuity in his right eye 

is 20/40, and in his left eye, 20/60. 

Following an examination in 2012, his 

ophthalmologist noted, ‘‘In my option, 

this person has sufficient vision to 

operate a commercial motor vehicle 

safely.’’ Mr. Pevey reported that he has 

driven tractor-trailer combinations for 

29 years, accumulating 2.32 million 

miles. He holds a Class A CDL from 

Georgia. His driving record for the last 

3 years shows no crashes and one 

conviction for speeding in a CMV; he 

exceeded the speed limit by 10 mph. 

Charles D. Reddick 

Mr. Reddick, 32, has had amblyopia 

in his left eye since birth. The visual 

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

his left eye, 20/70. Following an 

examination in 2012, his optometrist 

noted, ‘‘It is my professional opinion 

that Mr. Charles Reddick has sufficient 

vision to perform the driving of a 

commercial vehicle.’’ Mr. Reddick 

reported that he has driven tractortrailer combinations for 7 years, 

accumulating 875,000 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. 

Frank Santak 

Mr. Santak, 56, has had refractive 

amblyopia in his right eye since 

childhood. The best corrected visual 

acuity in his right eye is 20/50, and in 

his left eye, 20/20. Following an 

examination in 2012, his optometrist 

noted, ‘‘In my opinion, I believe that Mr. 

Santak has sufficient vision to perform 

the driving tasks required to operate a 

commercial vehicle at this time.’’ Mr. 

Santak reported that he has driven 

straight trucks for 27 years, 

accumulating 202,500 miles. He holds a 

Class C CDL from Delaware. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Curtis E. Way 

Mr. Way, 53, has had complete loss of 

vision in his left eye due to 

complications during surgery eight 

years ago. The best corrected visual 

acuity in his right eye is 20/20. 

Following an examination in 2012, his 

optometrist noted, ‘‘He has sufficient 

vision to perform the driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Way reported that he has 

driven straight trucks for 15 years, 

accumulating 18,000 miles, and tractortrailer combinations for 10 years, 

accumulating 1.4 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. 

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 February 8, 2013. 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: December 28, 2012. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2013–00231 Filed 1–8–13; 8:45 am] 

BILLING CODE 4910–EX–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 February 8, 2013. 

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. 


srobinson on DSK4SPTVN1PROD with 
1922 Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Notices 

• 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 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 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Notices 1923 

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. 

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 February 8, 2013. 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: December 28, 2012. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2013–00229 Filed 1–8–13; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2012–0350] 

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 16 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 February 8, 2013. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2012–0350 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 


srobinson on DSK4SPTVN1PROD with