Qualification of Drivers; Exemption Applications; Vision, 69737-69739 [2010-28699]

Download as PDF Federal Register / Vol. 75, No. 219 / Monday, November 15, 2010 / Notices diabetic retinopathy. He holds a Class E operator’s license from Louisiana. Steven M. Simpson Mr. Simpson, 50, has had ITDM since 2009. His endocrinologist examined him in 2010 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; understands diabetes management and monitoring; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. Simpson meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2010 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Indiana. srobinson on DSKHWCL6B1PROD with NOTICES James H. Smith Mr. Smith, 66, has had ITDM since 2007. His endocrinologist examined him in 2010 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; understands diabetes management and monitoring; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. Smith meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2010 and certified that he does not have diabetic retinopathy. He holds a Class D operator’s license from Washington, DC. 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 1 Section 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. VerDate Mar<15>2010 18:04 Nov 12, 2010 Jkt 223001 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 U.S.C.. 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. Issued on: November 5, 2010. Larry W. Minor, Associate Administrator, Office of Policy. [FR Doc. 2010–28695 Filed 11–12–10; 8:45 am] BILLING CODE P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2010–0287] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemptions; request for comments. AGENCY: FMCSA announces receipt of applications from 15 individuals for exemption from the vision requirement in the Federal Motor Carrier Safety Regulations. If granted, the exemptions would enable these individuals to SUMMARY: PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 69737 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 December 15, 2010. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA– 2010–0287 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 E:\FR\FM\15NON1.SGM 15NON1 69738 Federal Register / Vol. 75, No. 219 / Monday, November 15, 2010 / Notices holds a Class A CDL from Washington. His driving record for the last 3 years shows no crashes and one conviction for a moving violation in a CMV. He exceeded the speed limit by 10 miles per hour (mph). 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 15 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 srobinson on DSKHWCL6B1PROD with NOTICES Robert W. Blankenship Mr. Blankenship, age 50, 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 2010, his optometrist noted, ‘‘In my opinion, Mr. Blankenship has sufficient vision to perform the driving tasks to operate a commercial vehicle.’’ Mr. Blankenship reported that he has driven straight trucks for 29 years, accumulating 580,000 miles and tractor-trailer combinations for 29 years, accumulating 2.3 million miles. He holds a Class A Commercial Driver’s License (CDL) from California. His driving record for the last 3 years shows one crash and one conviction for a moving violation in a CMV. He exceeded the speed limit by 10 mph. Bryan K. Deborde Mr. Deborde, 39, 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, 20/50. Following an examination in 2010, his optometrist noted, ‘‘It is my opinion that Mr. Deborde has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Deborde reported that he has driven tractor-trailer combinations for 19 years, accumulating 1.6 million miles. He VerDate Mar<15>2010 18:04 Nov 12, 2010 Jkt 223001 Michael K. Engemann Mr. Engemann, 32, has had a distorted cornea in his right eye since 1989 due trauma. 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, ‘‘Mike has sufficient vision to operate a commercial vehicle.’’ Mr. Engemann reported that he has driven straight trucks for 12 years, accumulating 480,000 miles and tractor-trailer combinations for 12 years, accumulating 960,000 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. Pete R. Gonzalez Mr. Gonzalez, 25, has had optic nerve atrophy in his right eye since 1998 due to trauma. The best corrected visual acuity in his right eye is 20/300 and in his left eye, 20/20. Following an examination in 2010, his optometrist noted, ‘‘Pete has sufficient vision in the right eye to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Gonzalez reported that he has driven straight trucks for 4 years, accumulating 360,000 miles and tractortrailer combinations for 4 years, accumulating 360,000 miles. He holds a Class A CDL from New Mexico. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. John W. Harbaugh Mr. Harbaugh, 62, has had amblyopia and optic atrophy in his right eye since birth. The best corrected visual acuity in his right eye is count-finger vision only and in his left eye, 20/20. Following an examination in 2010, his ophthalmologist noted, ‘‘Formal visual field perimetry testing reveals 140 degrees of dynamic perception in the left eye permitting Mr. Harbaugh to operate a commercial vehicle without restrictions.’’ Mr. Harbaugh reported that he has driven straight trucks for 32 years, accumulating 1.2 million 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. Michael E. Herrera, Jr., Mr. Herrera, 53, has had primary open angle glaucoma in his left eye since PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 2009. 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 professional opinion. Mr. Herrera has sufficient vision to drive a commercial vehicle. Mr. Herrera reported that he has driven straight trucks for 23 years, accumulating 23,000 miles and tractortrailer combinations for 8 years, accumulating 8,000 miles. He holds a Class A CDL from New Mexico. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. William E. Jacobs Mr. Jacobs, 63, has had toxoplasmosis 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 2010, his ophthalmologist noted, ‘‘I feel he has sufficient vision to perform the driver’s tasks required to operate a commercial vehicle.’’ Mr. Jacobs reported that he has driven buses for 13 years, accumulating 247,000 miles. He holds a Class B CDL from Texas. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Perry D. Jensen Mr. Jensen, 50, 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 2010, his optometrist noted, ‘‘This patient has sufficient vision to drive a commercial vehicle.’’ Mr. Jensen reported that he has driven straight trucks for 30 years, accumulating 600,000 miles and tractortrailer combinations for 30 years, accumulating 150,000 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. Joseph L. Jones Mr. Jones, 55, has had exotropia and amblyopia in his right eye since childhood. 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 ophthalmologist noted, ‘‘Mr. Jones exhibits sufficient vision to operate a commercial vehicle.’’ Mr. Jones reported that he has driven straight trucks for 32 years, accumulating 480,000 miles and tractor-trailer combinations for 32 years, accumulating 1.9 million miles. 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. E:\FR\FM\15NON1.SGM 15NON1 Federal Register / Vol. 75, No. 219 / Monday, November 15, 2010 / Notices Gary L. Nicholas Mr. Nicholas, 53, has 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 2010, his ophthalmologist noted, ‘‘I feel that he has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Nicholas reported that he has driven straight trucks for 36 years, accumulating 360,000 miles. He holds a Class C chauffeur’s license 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. James G. Pitchford Mr. Pitchford, 67, has had a prosthetic right eye since childhood. The best corrected visual acuity in his left eye is 20/20. Following an examination in 2010, his optometrist noted, ‘‘It is my opinion that this patient has sufficient vision to perform his driving tasks and operate a commercial vehicle.’’ Mr. Pitchford reported that he has driven straight trucks for 201⁄2 years, accumulating 483,585 miles and tractortrailer combinations for 201⁄2 years, accumulating 1.1 million 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. srobinson on DSKHWCL6B1PROD with NOTICES Virgil R. Story Mr. Story, 50, has had amblyopia in his right eye since childhood. 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, ‘‘I feel in my medical opinion that patient has sufficient vision to perform his currently assigned driving tasks required to operate a commercial vehicle.’’ Mr. Story reported that he has driven tractor-trailer combinations for 20 years, accumulating 1.6 million miles. He holds a Class A CDL from Arkansas. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. John A. Thomas, Jr. Mr. Thomas, 50, 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 2010, his optometrist noted, ‘‘I find that his vision is adequate to operate any commercial vehicle without glasses.’’ Mr. Thomas reported that he has driven straight trucks for 32 years, accumulating 640,000 miles and tractor-trailer VerDate Mar<15>2010 18:04 Nov 12, 2010 Jkt 223001 combinations for 32 years, accumulating 1.7 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. 69739 Issued on: November 5, 2010. Larry W. Minor, Associate Administrator, Office of Policy and Program Development. [FR Doc. 2010–28699 Filed 11–12–10; 8:45 am] BILLING CODE 4910–EX–P Richard L. Totels Mr. Totels, 57, has had macular scarring 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 2010, his ophthalmologist noted, ‘‘In my medical opinion, this patient has adequate vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Totels reported that he has driven tractor-trailer combinations for 37 years, accumulating 3.7 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. James B. Woolwine Mr. Woolwine, 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, 20/400. Following an examination in 2010, his ophthalmologist noted, ‘‘He has sufficient visual capabilities to operate a commercial vehicle.’’ Mr. Woolwine reported that he has driven straight trucks for 4 years, accumulating 200,000 miles and tractor-trailer combinations for 4 years, accumulating 60,000 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. 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 December 15, 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. PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request for Form 8921 Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. AGENCY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104–13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 8921, Applicable Insurance Contracts Information Return. DATES: Written comments should be received on or before January 14, 2011 to be assured of consideration. ADDRESSES: Direct all written comments to Gerald Shields, Internal Revenue Service, Room 6129, 1111 Constitution Avenue, NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the form and instructions should be directed to Joel Goldberger, at (202) 927–9368, or at Internal Revenue Service, Room 6129, 1111 Constitution Avenue, NW., Washington, DC 20224, or through the Internet, at Joel.P.Goldberger@irs.gov. Title: Applicable Insurance Contracts Information Return. OMB Number: 1545–2083. Form Number: Form 8921. Abstract: To comply with IRC section 6050V, as added by the Pension Protection Act of 2006, an applicable exempt organization must file a Form 8921 for each structured transaction under which it makes reportable acquisitions of applicable insurance contracts. The information gathered will be used by the Treasury to issue a twoyear report to Congress. Current Actions: There are no changes being made to Form 8921 at this time. Type of Review: Extension of a currently approved collection. SUMMARY: E:\FR\FM\15NON1.SGM 15NON1

Agencies

[Federal Register Volume 75, Number 219 (Monday, November 15, 2010)]
[Notices]
[Pages 69737-69739]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-28699]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0287]


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 15 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 December 15, 2010.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2010-0287 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 self-addressed, 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

[[Page 69738]]

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 15 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 W. Blankenship

    Mr. Blankenship, age 50, 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 2010, his 
optometrist noted, ``In my opinion, Mr. Blankenship has sufficient 
vision to perform the driving tasks to operate a commercial vehicle.'' 
Mr. Blankenship reported that he has driven straight trucks for 29 
years, accumulating 580,000 miles and tractor-trailer combinations for 
29 years, accumulating 2.3 million miles. He holds a Class A Commercial 
Driver's License (CDL) from California. His driving record for the last 
3 years shows one crash and one conviction for a moving violation in a 
CMV. He exceeded the speed limit by 10 mph.

Bryan K. Deborde

    Mr. Deborde, 39, 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, 20/50. Following an examination in 2010, his optometrist noted, 
``It is my opinion that Mr. Deborde has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Deborde reported that he has driven tractor-trailer combinations for 19 
years, accumulating 1.6 million miles. He holds a Class A CDL from 
Washington. His driving record for the last 3 years shows no crashes 
and one conviction for a moving violation in a CMV. He exceeded the 
speed limit by 10 miles per hour (mph).

Michael K. Engemann

    Mr. Engemann, 32, has had a distorted cornea in his right eye since 
1989 due trauma. 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, ``Mike has sufficient vision to operate a 
commercial vehicle.'' Mr. Engemann reported that he has driven straight 
trucks for 12 years, accumulating 480,000 miles and tractor-trailer 
combinations for 12 years, accumulating 960,000 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.

Pete R. Gonzalez

    Mr. Gonzalez, 25, has had optic nerve atrophy in his right eye 
since 1998 due to trauma. The best corrected visual acuity in his right 
eye is 20/300 and in his left eye, 20/20. Following an examination in 
2010, his optometrist noted, ``Pete has sufficient vision in the right 
eye to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Gonzalez reported that he has driven straight trucks for 
4 years, accumulating 360,000 miles and tractor-trailer combinations 
for 4 years, accumulating 360,000 miles. He holds a Class A CDL from 
New Mexico. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

John W. Harbaugh

    Mr. Harbaugh, 62, has had amblyopia and optic atrophy in his right 
eye since birth. The best corrected visual acuity in his right eye is 
count-finger vision only and in his left eye, 20/20. Following an 
examination in 2010, his ophthalmologist noted, ``Formal visual field 
perimetry testing reveals 140 degrees of dynamic perception in the left 
eye permitting Mr. Harbaugh to operate a commercial vehicle without 
restrictions.'' Mr. Harbaugh reported that he has driven straight 
trucks for 32 years, accumulating 1.2 million 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.

Michael E. Herrera, Jr.,

    Mr. Herrera, 53, has had primary open angle glaucoma in his left 
eye since 2009. 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 professional opinion. Mr. Herrera has 
sufficient vision to drive a commercial vehicle. Mr. Herrera reported 
that he has driven straight trucks for 23 years, accumulating 23,000 
miles and tractor-trailer combinations for 8 years, accumulating 8,000 
miles. He holds a Class A CDL from New Mexico. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

William E. Jacobs

    Mr. Jacobs, 63, has had toxoplasmosis 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 2010, his 
ophthalmologist noted, ``I feel he has sufficient vision to perform the 
driver's tasks required to operate a commercial vehicle.'' Mr. Jacobs 
reported that he has driven buses for 13 years, accumulating 247,000 
miles. He holds a Class B CDL from Texas. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Perry D. Jensen

    Mr. Jensen, 50, 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 2010, his optometrist 
noted, ``This patient has sufficient vision to drive a commercial 
vehicle.'' Mr. Jensen reported that he has driven straight trucks for 
30 years, accumulating 600,000 miles and tractor-trailer combinations 
for 30 years, accumulating 150,000 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.

Joseph L. Jones

    Mr. Jones, 55, has had exotropia and amblyopia in his right eye 
since childhood. 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 ophthalmologist noted, ``Mr. Jones exhibits sufficient vision to 
operate a commercial vehicle.'' Mr. Jones reported that he has driven 
straight trucks for 32 years, accumulating 480,000 miles and tractor-
trailer combinations for 32 years, accumulating 1.9 million miles. 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.

[[Page 69739]]

Gary L. Nicholas

    Mr. Nicholas, 53, has 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 2010, his ophthalmologist noted, ``I 
feel that he has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Nicholas reported that 
he has driven straight trucks for 36 years, accumulating 360,000 miles. 
He holds a Class C chauffeur's license 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.

James G. Pitchford

    Mr. Pitchford, 67, has had a prosthetic right eye since childhood. 
The best corrected visual acuity in his left eye is 20/20. Following an 
examination in 2010, his optometrist noted, ``It is my opinion that 
this patient has sufficient vision to perform his driving tasks and 
operate a commercial vehicle.'' Mr. Pitchford reported that he has 
driven straight trucks for 20\1/2\ years, accumulating 483,585 miles 
and tractor-trailer combinations for 20\1/2\ years, accumulating 1.1 
million 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.

Virgil R. Story

    Mr. Story, 50, has had amblyopia in his right eye since childhood. 
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, ``I feel in my medical opinion that patient has sufficient 
vision to perform his currently assigned driving tasks required to 
operate a commercial vehicle.'' Mr. Story reported that he has driven 
tractor-trailer combinations for 20 years, accumulating 1.6 million 
miles. He holds a Class A CDL from Arkansas. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

John A. Thomas, Jr.

    Mr. Thomas, 50, 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 2010, his optometrist 
noted, ``I find that his vision is adequate to operate any commercial 
vehicle without glasses.'' Mr. Thomas reported that he has driven 
straight trucks for 32 years, accumulating 640,000 miles and tractor-
trailer combinations for 32 years, accumulating 1.7 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.

Richard L. Totels

    Mr. Totels, 57, has had macular scarring 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 2010, his 
ophthalmologist noted, ``In my medical opinion, this patient has 
adequate vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Totels reported that he has driven tractor-
trailer combinations for 37 years, accumulating 3.7 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.

James B. Woolwine

    Mr. Woolwine, 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, 20/400. Following an examination in 2010, his 
ophthalmologist noted, ``He has sufficient visual capabilities to 
operate a commercial vehicle.'' Mr. Woolwine reported that he has 
driven straight trucks for 4 years, accumulating 200,000 miles and 
tractor-trailer combinations for 4 years, accumulating 60,000 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.

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 December 15, 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: November 5, 2010.
Larry W. Minor,
Associate Administrator, Office of Policy and Program Development.
[FR Doc. 2010-28699 Filed 11-12-10; 8:45 am]
BILLING CODE 4910-EX-P