Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Notices 65057 

monitoring checklist completed by the 

treating endocrinologist as well as an 

annual checklist with a comprehensive 

medical evaluation; (2) that each 

individual reports within 2 business 

days of occurrence, all episodes of 

severe hypoglycemia, significant 

complications, or inability to manage 

diabetes; also, any involvement in an 

accident or any other adverse event in 

a CMV or personal vehicle, whether or 

not it is related to an episode of 

hypoglycemia; (3) 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 (4) 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 also have a 

copy of the certification when driving, 

for presentation to a duly authorized 

Federal, State, or local enforcement 

official. 

Conclusion 

Based upon its evaluation of the 

thirty-nine exemption applications, 

FMCSA exempts, Angel Bergendale, 

Charles K. Bond, Dennis J. Callanan, 

Philip F. Carpenter, Brandon M. 

Coleman, George B. Ferris, John B. 

Flood, John F. Galione, Jeffrey G. 

Giguere, Allen C. Hartshaw, Michael 

Hawkins, Timothy U. Herring, Richard 

L. Hines, David M. Hughes, Eugene G. 

Hunter, William F. Kanable, William C. 

Kenney, Paul D. Kimmel, Gregory L. 

Kuharski, Joe D. Lammey, Robert B. 

Langston, III, Mark W. Lavorini, Justin 

T. Mattice, Leldon W. McCutcheon, Ray 

A. May, Richard E. Moore, Robert F. 

Naples, Jr., Robert C. Nemeth, Mark P. 

Norwood, Todd H. Pack, Christopher M. 

Provance, Michael E. Reck, Warren A. 

Richter, James E. Seymour, Karl G. 

Skweres, Kyle N. Stach, William R. 

Thome, Richard T. Whitney and Allan 

M. Younglas from the ITDM standard in 

49 CFR 391.41(b)(3), subject to the 

conditions listed under ‘‘Conditions and 

Requirements’’ above. 

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

and 31315 each exemption will be valid 

for two 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(e) 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: October 14, 2010. 

Larry W. Minor, 

Associate Administrator, Office of Policy and 

Program Development. 

[FR Doc. 2010–26654 Filed 10–20–10; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2010–0327] 

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 16 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 November 22, 2010. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2010–0327 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: 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 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 16 

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 

Jeisson Agudelo-Ortiz 

Mr. Agudelo-Ortiz, age 31, has had a 

prosthetic left eye since birth. The best 

corrected visual acuity in his right eye 

is 20/20. Following an examination in 


jlentini on DSKJ8SOYB1PROD with NOTICES
65058 Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Notices 

2010, his ophthalmologist noted, ‘‘I 

believe the patient has the ability to 

operate a commercial vehicle despite 

loss of the left eye and has done so 

successfully for many years.’’ Mr. 

Agudelo-Ortiz reported that he has 

driven straight trucks for 2 years, 

accumulating 9,600 miles and buses for 

2 years, accumulating 14,000 miles. He 

holds a Class C Commercial Driver’s 

License (CDL) from New York. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Charles L. Alsager, Jr. 

Mr. Alsager, 47, has had retinal 

scarring in his left eye since 1985. The 

best corrected visual acuity in his right 

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

Following an examination in 2010, his 

optometrist noted, ‘‘I certify that Charles 

has sufficient vision to operate a 

commercial vehicle, in my opinion.’’ Mr. 

Alsager reported that he has driven 

straight trucks for 3 years, accumulating 

78,000 miles and tractor-trailer 

combinations for 6 months, 

accumulating 1,500 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. 

Eddie A. Branham 

Mr. Branham, 42, has had loss of 

vision in his right eye since childhood. 

The best corrected visual acuity in his 

right eye is count-finger vision only, in 

his left eye, 20/20. Following an 

examination in 2010, his optometrist 

noted, ‘‘He has been driving safely for 

many years with glasses and should 

continue to be able to operate a 

commercial vehicle safely in this 

manner.’’ Mr. Branham reported that he 

has driven straight trucks for 14 years, 

accumulating 280,000 miles and tractortrailer combinations for 14 years, 

accumulating 140,000 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. 

Charlene Brown 

Ms. Brown, 47, has had amblyopia in 

her left eye since childhood. The best 

corrected visual acuity in her right eye 

is 20/20 and in her left eye, 20/200. 

Following an examination in 2010, her 

optometrist noted, ‘‘It is this offices 

finding that Charlene Brown has 

sufficient vision to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Ms. Brown reported that she 

has driven straight trucks for 3 years, 

accumulating 129,000 miles. She holds 

a Class C operator’s license from Kansas. 

Her driving record for the last 3 years 

shows no crashes and no convictions for 

moving violations in a CMV. 

Nathan A. Buckles 

Mr. Buckles, 34, has had choreoretinal 

scarring in his right eye since 1998 due 

to trauma. The best corrected visual 

acuity in his right eye is 20/200 and in 

his left eye, 20/20. Following an 

examination in 2010, his optometrist 

noted, ‘‘In my opinion, Nathan has 

sufficient vision to perform the driving 

tasks required of a commercial driver.’’ 

Mr. Buckles reported that he has driven 

straight trucks for 13 years, 

accumulating 25,000 miles. He holds a 

Class A CDL from Indiana. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Dale H. Dattler 

Mr. Dattler, 55, has had complete loss 

of vision in his right eye since 

childhood due trauma. The best 

corrected visual acuity in his left eye is 

20/20. Following an examination in 

2010, his ophthalmologist noted, ‘‘In my 

medical opinion, he has sufficient 

vision to perform driving tasks to 

operate a commercial vehicle.’’ Mr. 

Dattler reported that he has driven 

straight trucks for 25 years, 

accumulating 75,000 miles, and tractortrailer combinations for 6 years, 

accumulating 15,000 miles. He holds a 

Class A CDL from New York. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Daryl Jonescheit 

Mr. Jonescheit, 68, has had amblyopia 

in his right eye since birth. The best 

corrected visual acuity in his right eye 

is 20/80 and in his left eye, 20/25. 

Following an examination in 2010, his 

optometrist noted, ‘‘There is no reason 

visually why Mr. Jonescheit cannot 

operate a commercial vehicle with his 

current stable ocular condition.’’ Mr. 

Jonescheit reported that he has driven 

tractor-trailer combinations for 42 years, 

accumulating 5 million miles. He holds 

a Class A CDL from South Dakota. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

John N. Lanning 

Mr. Lanning, 52, has had amblyopia 

in his right eye since childhood. The 

best corrected visual acuity in his right 

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

Following an examination in 2010, his 

optometrist noted, ‘‘It appears that Mr. 

Lanning’s vision would not hinder him 

from operating a commercial vehicle.’’ 

Mr. Lanning reported that he has driven 

tractor-trailer combinations for 20 years, 

accumulating 2 million miles. He holds 

a Class A CDL from California. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Cynthia K. Linson 

Ms. Linson, 47, has had amblyopia in 

her right eye since childhood. The best 

corrected visual acuity in her right eye 

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

Following an examination in 2010, her 

ophthalmologist noted, ‘‘In my medical 

opinion she has sufficient vision to 

perform the driving tasks required to 

operate a commercial vehicle.’’ Ms. 

Linson reported that she has driven 

buses for 5 years, accumulating 52,000 

miles. She holds a Class B CDL from 

Illinois. Her driving record for the last 

3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Charles M. McDaris 

Mr. McDaris, 47, has had corneal 

scarring in his right eye since 1970. The 

best corrected visual acuity in his right 

eye is 20/50 only and in his left eye, 20/ 

20. Following an examination in 2010, 

his optometrist noted, ‘‘In my opinion, 

Mr. McDaris has sufficient vision to 

perform the driving tasks required to 

operate a commercial vehicle in that his 

vision has remained stable at 20/50 in 

the right eye and 20/20 in the left eye 

for many years, and he has continued to 

function without any difficulties.’’ Mr. 

McDaris reported that he has driven 

straight trucks for 13 years, 

accumulating 733,200 miles and tractortrailer combinations for 13 years, 

accumulating 733,200 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. 

Calvin J. Schaap 

Mr. Schaap, 65, has had amblyopia in 

his right eye since birth. The best 

corrected visual acuity in his right eye 

is 20/200 only and in his left eye, 20/ 

15. Following an examination in 2010, 

his optometrist noted, ‘‘In my opinion, 

Mr. Schaap’s vision is sufficient to 

perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Schaap reported that he has driven 

straight trucks for 47 years, 

accumulating 3.7 million miles and 

tractor-trailer combinations for 46 years, 

accumulating 460,000 miles. He holds a 

Class A CDL from Minnesota. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Notices 65059 

Frederick C. Schultz, Jr. 

Mr. Schultz, 38, has had a prosthetic 

left eye since 1996. The best corrected 

visual acuity in his right eye is 20/20. 

Following an examination in 2010, his 

ophthalmologist noted, ‘‘Mr. Schultz has 

sufficient vision to operate a 

commercial vehicle.’’ Mr. Schultz 

reported that he has driven straight 

trucks for 16 years, accumulating 

166,400 miles, tractor-trailer 

combinations for 15 years, accumulating 

156,000 miles, and buses for 2 years, 

accumulating 20,000 miles. He holds a 

Class A CDL from New York. His 

driving record for the last 3 years shows 

one crash and no convictions for 

moving violations in a CMV. 

Steve C. Sinclair 

Mr. Sinclair, 60, has had amblyopia in 

his right eye since birth. The best 

corrected visual acuity in his right eye 

is 20/200 only and in his left eye, 20/ 

15. Following an examination in 2010, 

his optometrist noted, ‘‘In my opinion, 

Mr. Sinclair has demonstrated with his 

many long years of driving that his 

vision is sufficient to perform the 

driving tasks required to operate a 

commercial vehicle.’’ Mr. Sinclair 

reported that he has driven straight 

trucks for 30 years, accumulating 1.5 

million miles. He holds a Class C 

operator’s license from Iowa. His 

driving record for the last 3 years shows 

one crash and no convictions for 

moving violations in a CMV. 

Eugene J. Smith, Jr. 

Mr. Smith, 57, has had histoplasmosis 

in his left eye since 1999. The best 

corrected visual acuity in his right eye 

is 20/15 only and in his left eye, 20/150. 

Following an examination in 2010, his 

ophthalmologist noted, ‘‘The vision 

deficiency is stable at this time and is 

not expected to worsen. His right eye is 

entirely normal and he has 160 degrees 

of horizontal field in both eyes. This 

certifies medically that the patient has 

sufficient vision to perform any driving 

tasks and operate a commercial vehicle 

and should be allowed to perform these 

tasks.’’ Mr. Smith reported that he has 

driven tractor-trailer combinations for 

35 years, accumulating 5.2 million 

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. 

Daniel M. Veselitza 

Mr. Veselitza, 70, has had amblyopia 

in his left eye since childhood. The best 

corrected visual acuity in his right eye 

is 20/25 only and in his left eye, 20/80. 

Following an examination in 2010, his 

optometrist noted, ‘‘According to these 

guidelines his best-corrected visual 

acuity in the right eye is sufficient to 

perform driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Veselitza reported that he has driven 

straight trucks for 3 years, accumulating 

33,000 miles. He holds a Class A CDL 

from Nevada. His driving record for the 

last 3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

John E. Westbrook 

Mr. Westbrook, 60, has had amblyopia 

in his right eye since childhood and a 

prosthetic left eye since childhood. The 

best corrected visual acuity in his right 

eye is 20/30. Following an examination 

in 2010, his optometrist noted, ‘‘Patient, 

John Westbrook, does have sufficient 

vision to perform the driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Westbrook reported that he 

has driven straight trucks for 15 years, 

accumulating 900,000 miles and tractortrailer combinations for 10 years, 

accumulating 800,000 miles. He holds a 

Class A CDL from Louisiana. 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 November 22, 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: October 14, 2010. 

Larry W. Minor, 

Associate Administrator, Office of Policy and 

Program Development. 

[FR Doc. 2010–26653 Filed 10–20–10; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

Advisory Committee on Disability 

Compensation; Notice of Meeting 

The Department of Veterans Affairs 

(VA) gives notice under Public Law 92– 

463 (Federal Advisory Committee Act) 

that the Advisory Committee on 

Disability Compensation will meet on 

October 25–26, 2010, in the Chandelier 

Ballroom at the St. Regis Hotel, 923 16th 

Street, NW., Washington, DC, from 8 

a.m. to 3 p.m. The meeting is open to 

the public. 

The purpose of the Committee is to 

advise the Secretary of Veterans Affairs 

on the maintenance and periodic 

readjustment of the VA Schedule for 

Rating Disabilities. The Committee is to 

assemble and review relevant 

information relating to the nature and 

character of disabilities arising from 

service in the Armed Forces, provide an 

ongoing assessment of the effectiveness 

of the rating schedule, and give advice 

on the most appropriate means of 

responding to the needs of Veterans 

relating to disability compensation. 

The Committee will receive briefings 

on issues related to compensation for 

Veterans with service-connected 

disabilities and other VA benefits 

programs. Public comments will be 

received at 2 p.m. each day. Public 

comments will be limited to three 

minutes each. Individuals wishing to 

make oral statements before the 

Committee will be accommodated on a 

first-come, first-served basis. 

Individuals who speak are invited to 

submit 1–2 page summaries of their 

comments at the time of the meeting for 

inclusion in the official meeting record. 

The public may submit written 

statements for the Committee’s review 

to Robert Watkins, Designated Federal 

Officer, Department of Veterans Affairs, 

Veterans Benefits Administration, 

Compensation and Pension Service, 

Regulation Staff (211D), 810 Vermont 

Avenue, NW., Washington, DC 20420 or 

e-mail at Robert.Watkins2@va,gov. Any 

member of the public wishing to attend 

the meeting or seeking additional 

information should contact Mr. Watkins 

at (202) 461–9214. 

Dated: October 17, 2010. 

By Direction of the Secretary. 

Vivian Drake, 

Acting Committee Management Officer. 

[FR Doc. 2010–26484 Filed 10–20–10; 8:45 am] 

BILLING CODE P 


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