Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Notices 25917 

[FR Doc. 2010–10924 Filed 5–7–10; 8:45 am] 

BILLING CODE C 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket ID FMCSA–2010–0082] 

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 22 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 June 9, 2010. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket ID FMCSA– 

2010–0082 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. 

Each submission must include the 

Agency name and the docket ID for this 

Notice. Note: that DOT posts all 

comments received without change to 

http://www.regulations.gov, including 

any personal information included in a 

comment. Please see the Privacy Act 

heading below. 

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 the DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(65 FR 19476). This information is also 

available at http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Mary D. Gunnels, Director, Medical 

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 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 22 individuals listed in this 

notice have each requested 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 

Clarke C. Boynton 

Mr. Boynton, age 35, 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, 20/70. Following an 

examination in 2009, his 

ophthalmologist noted, ‘‘In my medical 

opinion, Mr. Clarke Boynton has 

sufficient vision to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Boynton reported that he 

has driven straight trucks for 14 years, 

accumulating 350,000 miles. He holds a 

Class B 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 CMV. 

Clare H. Buxton 

Mr. Buxton, 63, has had a prosthetic 

left eye since 1998. The best corrected 

visual acuity in his right eye is 20/25. 

Following an examination in 2009, his 

optometrist noted, ‘‘Clare has monocular 

vision right eye only, but in my opinion, 

can operate a commercial motor vehicle 

safely.’’ Mr. Buxton reported that he has 

driven tractor-trailer combinations for 

40 years, accumulating 5.2 million 

miles. He holds a Class A CDL 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. 

Raul Charo 

Mr. Charo, 50, has had open angle 

glaucoma in his right eye since 2006. 

The best corrected visual acuity in his 

right eye is 20/60 and in his left eye, 20/ 

20. Following an examination in 2009, 

his ophthalmologist noted, ‘‘In my 

professional opinion, Mr. Charo has 

sufficient vision to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Charo reported that he has 

driven straight trucks for 22 years, 

accumulating 33,000 miles. He holds a 

Class A CDL from Illinois. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Lester M. Ellingson, Jr. 

Mr. Ellingson, 66, has had choroidal 

melanoma in his left eye since 2000. 

The best corrected visual acuity in his 

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

400. Following an examination in 2009, 

his optometrist noted, ‘‘In my opinion, 

Lester has sufficient vision to operate a 

commercial vehicle.’’ Mr. Ellingson 

reported that he has driven straight 

trucks for 47 years, accumulating 

235,000 miles, tractor-trailer 

combinations for 40 years, accumulating 

960,000 miles and buses for 40 years, 

accumulating 20,000 miles. He holds a 

Class A CDL from North Dakota. His 

driving record for the last 3 years shows 

one crash and one conviction. His 

driving record for the last 3 years shows 

no crashes and one conviction for a 

moving violation, speeding in a CMV. 

He exceeded the speed limit by 10 mph. 

Miguel H. Espinoza 

Mr. Espinoza, 34, has had amblyopia 

in his left eye since 1989. The best 

corrected visual acuity in his right eye 

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

Following an examination in 2009, his 

optometrist noted, ‘‘He has more than 


jlentini on DSKJ8SOYB1PROD with NOTICES
25918 Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Notices 

sufficient vision to perform his driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Espinoza reported that he 

has driven straight trucks for 10 years, 

accumulating 140,000 miles. He holds a 

Class C operator’s license from 

California. His driving record for the last 

3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Billy R. Gibbs 

Mr. Gibbs, 52, has had amblyopia in 

his right eye since childhood. 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 medical 

opinion, Mr. Gibbs has sufficient vision 

to perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Gibbs reported that he has driven 

straight trucks for 5 years, accumulating 

60,000 miles and tractor-trailer 

combinations for 20 years, accumulating 

700,000. 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. 

Clyde J. Harms 

Mr. Harms, 59, has had amblyopia in 

his right eye since childhood. The best 

corrected visual acuity in his right eye 

is 20/80 and in his left eye, 20/20. 

Following an examination in 2009, his 

optometrist noted, ‘‘It is my professional 

opinion that he is very capable of 

performing the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Harms reported that he has driven 

straight trucks for 33 years, 

accumulating 148,500 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. 

Ricky P. Hastings 

Mr. Hastings, 55, has had a prosthetic 

left eye since 1991. The best corrected 

visual acuity in his right eye is 20/20. 

Following an examination in 2009, his 

ophthalmologist noted, ‘‘Based on my 

examination findings, I determine that 

Mr. Hastings has sufficient vision, in 

this right eye, to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Hastings reported that he 

has driven straight trucks for 5 years, 

accumulating 250,000 miles and tractortrailer combinations for 10 years, 

accumulating 650,000 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. 

Wesley V. Holland 

Mr. Holland, 48, has had amblyopia 

in his left eye since childhood. The best 

corrected visual acuity in his right eye 

is 20/15 and in his left eye, 20/400. 

Following an examination in 2010, his 

optometrist noted, ‘‘In my medical 

opinion, Mr. Holland has sufficient 

vision to perform the driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Holland reported that he 

has driven straight trucks for 16 years, 

accumulating 736,000 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. 

William D. Holt 

Mr. Holt, 48, has had 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 2009 his optometrist 

noted, ‘‘I certify that Mr. Holt does have 

sufficient vision to drive a commercial 

vehicle based on guidelines presented to 

me prior to the examination.’’ Mr. Holt 

reported that he has driven straight 

trucks for 30 years, accumulating 

630,000 miles and tractor-trailer 

combinations for 30 years, accumulating 

630,000 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. 

Azizi A. Jamal 

Mr. Jamal, 48, has had amblyopia and 

glaucoma in his left eye since 

childhood. The best corrected visual 

acuity in his right eye is 20/20 and in 

his left eye, hand-motion vision. 

Following an examination in 2010 his 

ophthalmologist noted, ‘‘I do feel, in my 

medical opinion, that he has sufficient 

vision to perform driving tasks required 

to operate a commercial vehicle.’’ Mr. 

Jamal reported that he has driven 

straight trucks for 3 years, accumulating 

91,800 miles. He holds a Class D 

operator’s license from New Jersey. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

William L. Martin 

Mr. Martin, 33, has extensive 

corioretinal scarring in his right eye due 

to a traumatic injury sustained at age 16. 

The best corrected visual acuity in his 

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

20/20. Following an examination in 

2009, his ophthalmologist noted, ‘‘In my 

medical opinion William Martin has 

sufficient vision to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Martin reported that he 

has driven straight trucks for 12 years, 

accumulating 270,000 miles and tractortrailer combinations for 12 years, 

accumulating 270,000 miles. He holds a 

Class A CDL from Oregon. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Gary G. McKown 

Mr. McKown, 60, has had a prosthetic 

right eye since 1961. The best corrected 

visual acuity in his left eye is 20/20. 

Following an examination in 2010, his 

optometrist noted, ‘‘In my opinion, Mr. 

McKown has sufficient vision to 

perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

McKown reported that he has driven 

straight trucks for 2 years, accumulating 

10,000 miles and tractor-trailer 

combinations for 39 years, accumulating 

1.9 million miles. He holds a Class A 

CDL from West Virginia. 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 5 mph. 

Larry D. Moss 

Mr. Moss, 55, has had complete loss 

of vision in his right eye since 1962 due 

to a traumatic injury. The best corrected 

visual acuity in his left eye is 20/15. 

Following an examination in 2009 his 

optometrist noted, ‘‘It is my medical 

opinion that Mr. Larry Moss has 

sufficient vision to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Moss reported that he has 

driven straight trucks for 8 years, 

accumulating 768,000 miles. He holds a 

Class C operator’s license from 

California. His driving record for the last 

3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Leland B. Moss 

Mr. Moss, 47, 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 2009 his 

optometrist noted, ‘‘I believe his vision 

is sufficient to perform the driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Moss reported that he has 

driven straight trucks for 10 years, 

accumulating 200,000 miles. He holds a 

Class D operator’s license from 

Vermont. His driving record for the last 

3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Michael J. Rankin 

Mr. Rankin, 54, has had loss of vision 

in his right eye since 1989 due to 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Notices 25919 

presumed ocular histoplasmosis. The 

best corrected visual acuity in his right 

eye is 20/300 and in his left eye, 20/20. 

Following an examination in 2009, his 

optometrist noted, ‘‘It is my opinion that 

he has sufficient vision to safely operate 

a commercial vehicle across interstate 

borders.’’ Mr. Rankin reported that he 

has driven straight trucks for 4 years, 

accumulating 60,000 miles, and tractortrailer combinations for 3 years, 

accumulating 37,500 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. 

Jacob H. Riggle 

Mr. Riggle, 48, has had macular 

scarring in his right eye since 1999. The 

best corrected visual acuity in his right 

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

Following an examination in 2009, his 

optometrist noted, ‘‘In my opinion, Mr. 

Riggle shows to have sufficient vision to 

perform the driving tasks required for a 

commercial driver license.’’ Mr. Riggle 

reported that he has driven straight 

trucks for 28 years, accumulating 2.3 

million miles, and tractor-trailer 

combinations for 28 years, accumulating 

2.5 million miles. He holds a Class A 

CDL from Oklahoma. His driving record 

for the last 3 years shows no crashes and 

no convictions for moving violations in 

a CMV. 

Terry L. Rubendall 

Mr. Rubendall, 54, has had complete 

loss of vision in his left eye since 

childhood due to a congenital left 

orbital tumor. The best corrected visual 

acuity in his right eye is 20/15. 

Following an examination in 2009, his 

optometrist noted, ‘‘It is my professional 

opinion that Terry has sufficient vision 

to perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Rubendall reported that he has driven 

straight trucks for 29 years, 

accumulating 1.4 million miles, tractortrailer combinations for 15 years, 

accumulating 75,000 miles, and buses 

for 5 years, accumulating 5,000 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. 

Michael L. Skeens 

Mr. Skeens, 39, has had a prosthetic 

left eye since childhood. The best 

corrected visual acuity in his right eye 

is 20/20. Following an examination in 

2010, his ophthalmologist noted, ‘‘I, Dr. 

Jeffrey Bunning, certify in my medical 

opinion that Mr. Skeens has sufficient 

vision to perform all driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Skeens reported that he 

has driven straight trucks for 13 years, 

accumulating 416,000 miles, and 

tractor-trailer combinations for 31⁄2; 

years, accumulating 35,000 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. 

Lee F. Taylor 

Mr. Taylor, 54, 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, 20/70. 

Following an examination in 2009, his 

ophthalmologist noted, ‘‘In my medical 

opinion, Lee Taylor has sufficient vision 

to perform the required tasks to operate 

a commercial vehicle.’’ Mr. Taylor 

reported that he has driven straight 

trucks for 19 years, accumulating 

855,000 miles, and tractor-trailer 

combinations for 19 years, accumulating 

1 million miles. He holds a Class A CDL 

from New Jersey. His driving record for 

the last 3 years shows no crashes and 

one conviction for a moving violation in 

a CMV. He failed to obey a traffic 

control device. 

Aaron E. Wright 

Mr. Wright, 42, has had amblyopia 

and optic nerve damage in his right eye 

since 1994. 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, ‘‘Mr. Wright has sufficient vision 

to perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Wright reported that he has driven 

straight trucks for 2 years, accumulating 

16,000 miles, and tractor-trailer 

combinations for 3 years, accumulating 

315,000 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. 

Michael A. Zingarella, Sr. 

Mr. Zingarella, 39, has had amblyopia 

and strabismus in his left eye since 

childhood. The best corrected visual 

acuity in his right eye is 20/20 and in 

his left eye, count-finger vision. 

Following an examination in 2010, his 

optometrist noted, ‘‘It is my medical 

opinion that Mr. Zingarella has more 

than sufficient vision to perform the 

tasks required to operate a commercial 

vehicle.’’ Mr. Zingarella reported that he 

has driven straight trucks for 13 years, 

accumulating 650,000 miles. He holds a 

Class D operator’s license from 

Connecticut. His driving record for the 

last 3 years shows no crashes and one 

conviction for a moving violation in a 

CMV. He failed to use the proper signal 

while changing lanes. 

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 June 9, 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: April 23, 2010. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. 2010–10941 Filed 5–7–10; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket ID FMCSA–2010–0083] 

Qualification of Drivers; Exemption 

Applications; Diabetes Mellitus 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA). 

ACTION: Notice of applications for 

exemptions from the diabetes mellitus 

standard; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from 33 individuals for 

exemptions from the prohibition for 

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 commercial motor 

vehicles in interstate commerce. 

DATES: Comments must be received on 

or before June 9, 2010. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket ID FMCSA– 

2010–0083 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

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


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