Qualification of Drivers; Exemption Applications; Vision, 64164-64165 [2011-26747]

Download as PDF jlentini on DSK4TPTVN1PROD with NOTICES 64164 Federal Register / Vol. 76, No. 200 / Monday, October 17, 2011 / Notices and delays, and the potential that congestion may increase during construction of Runway Safety Areas (RSA) from 2012 to 2015. The FAA has reviewed runway capacity at SFO over the last two years. The airport acceptance rate for arrivals ranges between approximately 30 and 48 per hour depending on weather conditions. The lower value reflects operations in instrument meteorological conditions, and the higher value reflects visual meteorological conditions. A number of other variables impact an airport’s arrival and departure rates, including runway configuration, fleet mix, surface movements, and individual aircraft performance. The FAA, the airport authority, and other stakeholders (including representatives of carriers operating at SFO) have been meeting regularly to review construction plans, identify ways to improve airport and airspace efficiency, and mitigate construction impacts whenever possible. These efforts will continue with the goal to mitigate negative impacts to capacity, but the FAA expects some decrease in runway capacity during construction. The construction’s impact to capacity is not definitively known but will be determined as construction plans are finalized. Accordingly, it is not possible to specifically define runway capacity limits. In conducting its review of planned schedules, the FAA will consider factors such as average runway arrival and departure rates, historical demand, experienced congestion and delays, and projections on operational impacts related to the construction. The FAA will review the cumulative scheduled flight information beginning with the Summer 2012 scheduling season to monitor major scheduling peaks that could result in lengthy delays. This advance review of schedule information would permit the FAA to discuss the operational implications of proposed schedules and suggest changes before schedules are finalized and published. The FAA expects the Level 2 review alone may not reduce existing congestion and delays. Rather, the FAA expects to mitigate potential delay increases resulting from new or retimed flights. The FAA believes there is available capacity at SFO, especially during off-peak times, to accommodate additional operations. During the construction, forecasted congestion and delays could be mitigated through voluntary carrier scheduling decisions (such as retiming operations to less congested times and reducing overall operations by combining frequencies and upgauging aircraft). The FAA believes a Level 2 designation would VerDate Mar<15>2010 16:32 Oct 14, 2011 Jkt 226001 provide the necessary information to assist carriers with these voluntary scheduling decisions. Finally, the FAA expects the Level 2 designation will allow interested parties to address any imbalance between demand and capacity and work cooperatively to reduce delays. The FAA supports the Level 2 process as a preferred and viable alternative to full slot coordination under Level 3 or other administrative actions to address congestion during the RSA construction. The FAA will review the Level 2 designation, at a minimum, in advance of each scheduling season. Accordingly, the FAA designates SFO as a Level 2 airport between the hours of 0600 and 2259, Pacific time, (1300 and 0559 UTC), but carriers may submit schedule information for any time throughout the day. Carriers should submit to the FAA schedule information for all planned operations no later than October 20, 2011. This deadline is one week later than the IATA deadline because of the late designation of SFO as Level 2. The FAA recognizes some carriers may have difficulty meeting the schedule submission deadline. While most have at least preliminary schedule plans, some may require additional time to prepare the initial schedule submission. The FAA will grant an additional short extension (not exceeding two weeks). The FAA intends to follow the IATA WSG for the midNovember Schedules Conference to the extent possible and needs schedules as soon as possible to meet IATA deadlines. Carriers should submit schedule information in sufficient detail including, at minimum, the carrier, flight number, scheduled time of arrival or departure, half-hour period, frequency, and effective dates. IATA standard schedule information format and data elements (Standard Schedules Information Manual or SSIM) may be submitted and may provide additional information that could be beneficial in assessing operational impacts. The summer scheduling season is from March 25, 2012, through October 27, 2012, in recognition of the IATA scheduling season dates. The FAA understands there may be differences in schedule times due to different U.S. daylight saving time dates, and the FAA will accommodate these to the extent possible. SFO currently is designated Level 2 for certain international passenger terminal facilities. This notice does not replace that local schedule facilitation process. Carriers should submit schedule information to the local PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 facilitator according to the IATA schedule. The FAA will work with the local facilitator to ensure consistency of planned schedule information. Issued in Washington, DC, on October 11, 2011. Rebecca B. MacPherson, Assistant Chief Counsel for Regulations. [FR Doc. 2011–26774 Filed 10–13–11; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2011–0275] 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 5 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. SUMMARY: Comments must be received on or before November 16, 2011. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA– 2011–0275 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. DATES: E:\FR\FM\17OCN1.SGM 17OCN1 Federal Register / Vol. 76, No. 200 / Monday, October 17, 2011 / Notices jlentini on DSK4TPTVN1PROD with NOTICES 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, (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 5 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 Michael W. Gibbs Mr. Gibbs, age 41, has had amblyopia in his right eye since childhood. The VerDate Mar<15>2010 16:32 Oct 14, 2011 Jkt 226001 best corrected visual acuity in his right eye 20/60, and in his left eye 20/20. Following an examination in 2011, his optometrist noted, ‘‘In my medical opinion, Michael W. 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 12 years, accumulating 300,000 miles. He holds a Class C operator’s license from North Carolina. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Frank E. Johnson, Jr. Mr. Johnson, 36, has had corneal opacification in his left eye due to a truamatic injury since childhood. The best corrected visual acuity in his right eye 20/20 and in his left eye, 20/400. Following an examination in 2011, his optometrist noted, ‘‘In my medical opinion, Mr. Johnson certainly has sufficient vision and visual field to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Johnson reported that he has driven straight trucks for 15 years, accumulating 93,600 miles. He holds a Class C operator’s license from Florida. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Michael J. Robinson Mr. Robinson, 44, has had amblyopia in his left eye since childhood. The best corrected visual acuity in his right eye 20/20 and in his left eye, 20/200. Following an examination in 2011, his optometrist noted, ‘‘In my opinion, Mr. Robinson, due to his years of compensating for amblyopia and having had his commercial operator’s license for 26 years, has sufficient vision to operate a commercial vehicle.’’ Mr. Robinson reported that he has driven straight trucks for 26 years, accumulating 52,000 miles and tractortrailer combinations for 26 years, accumulating 2.3 million miles. He holds a Class A CDL from West Virginia. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Fred L. Stotts Mr. Stotts, 52, has had complete loss of vision in his left eye due to an injury sustained 15 years ago. The best corrected visual acuity in his right eye 20/20. Following an examination in 2011, his optometrist noted, ‘‘I would recommend Mr. Leroy Stotts to qualify for a vision exemption to operate a commercial motor vehicle without restriction.’’ Mr. Stotts reported that he PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 64165 has driven straight trucks for 36 years, accumulating 1.6 million miles and tractor-trailer combinations for 27 years, accumulating 945,000 miles. He holds a Class D operator’s license from Oklahoma. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. James D. Zimmer Mr. Zimmer, 52, has an enucleation of his right eye due to an injury sustained in January 2007. The best corrected visual acuity in his left eye 20/20. Following an examination in 2011, his optometrist noted, ‘‘Yes, sufficient vision to operate a commercial vehicle.’’ Mr. Zimmer reported that he has driven straight trucks for 35 years, accumulating 605,000 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. 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 16, 2011. 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 11, 2011. Larry W. Minor, Associate Administrator of Policy. [FR Doc. 2011–26747 Filed 10–14–11; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2011–0277] Qualification of Drivers; Exemption Applications; Diabetes Mellitus Federal Motor Carrier Safety Administration (FMCSA). ACTION: Notice of applications for exemption from the diabetes mellitus standard; request for comments. AGENCY: E:\FR\FM\17OCN1.SGM 17OCN1

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[Federal Register Volume 76, Number 200 (Monday, October 17, 2011)]
[Notices]
[Pages 64164-64165]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-26747]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0275]


Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemptions; request for comments.

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SUMMARY: FMCSA announces receipt of applications from 5 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 16, 2011.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2011-0275 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.

[[Page 64165]]

    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: Elaine M. Papp, Chief, 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 5 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

Michael W. Gibbs

    Mr. Gibbs, age 41, has had amblyopia in his right eye since 
childhood. The best corrected visual acuity in his right eye 20/60, and 
in his left eye 20/20. Following an examination in 2011, his 
optometrist noted, ``In my medical opinion, Michael W. 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 12 years, accumulating 300,000 miles. He holds a Class C 
operator's license from North Carolina. His driving record for the last 
3 years shows no crashes and no convictions for moving violations in a 
CMV.

Frank E. Johnson, Jr.

    Mr. Johnson, 36, has had corneal opacification in his left eye due 
to a truamatic injury since childhood. The best corrected visual acuity 
in his right eye 20/20 and in his left eye, 20/400. Following an 
examination in 2011, his optometrist noted, ``In my medical opinion, 
Mr. Johnson certainly has sufficient vision and visual field to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Johnson reported that he has driven straight trucks for 15 years, 
accumulating 93,600 miles. He holds a Class C operator's license from 
Florida. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Michael J. Robinson

    Mr. Robinson, 44, has had amblyopia in his left eye since 
childhood. The best corrected visual acuity in his right eye 20/20 and 
in his left eye, 20/200. Following an examination in 2011, his 
optometrist noted, ``In my opinion, Mr. Robinson, due to his years of 
compensating for amblyopia and having had his commercial operator's 
license for 26 years, has sufficient vision to operate a commercial 
vehicle.'' Mr. Robinson reported that he has driven straight trucks for 
26 years, accumulating 52,000 miles and tractor-trailer combinations 
for 26 years, accumulating 2.3 million miles. He holds a Class A CDL 
from West Virginia. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Fred L. Stotts

    Mr. Stotts, 52, has had complete loss of vision in his left eye due 
to an injury sustained 15 years ago. The best corrected visual acuity 
in his right eye 20/20. Following an examination in 2011, his 
optometrist noted, ``I would recommend Mr. Leroy Stotts to qualify for 
a vision exemption to operate a commercial motor vehicle without 
restriction.'' Mr. Stotts reported that he has driven straight trucks 
for 36 years, accumulating 1.6 million miles and tractor-trailer 
combinations for 27 years, accumulating 945,000 miles. He holds a Class 
D operator's license from Oklahoma. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

James D. Zimmer

    Mr. Zimmer, 52, has an enucleation of his right eye due to an 
injury sustained in January 2007. The best corrected visual acuity in 
his left eye 20/20. Following an examination in 2011, his optometrist 
noted, ``Yes, sufficient vision to operate a commercial vehicle.'' Mr. 
Zimmer reported that he has driven straight trucks for 35 years, 
accumulating 605,000 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.

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 16, 2011. 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 11, 2011.
 Larry W. Minor,
Associate Administrator of Policy.
[FR Doc. 2011-26747 Filed 10-14-11; 8:45 am]
BILLING CODE 4910-EX-P