Qualification of Drivers; Exemption Applications; Vision, 73769-73770 [2011-30736]

Download as PDF Federal Register / Vol. 76, No. 229 / Tuesday, November 29, 2011 / Notices publication of notice in the FMCSA Register. Issued on: November 9, 2011. Anne S. Ferro, Administrator. [FR Doc. 2011–30735 Filed 11–28–11; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2011–0299] 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 8 individuals for exemption from the vision requirement in the Federal Motor Carrier Safety Regulations. If granted, the exemptions would enable these individuals to qualify as drivers of commercial motor vehicles (CMVs) in interstate commerce without meeting the Federal vision requirement. SUMMARY: Comments must be received on or before December 29, 2011. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA– 2011–0299 using any of the following methods: • Federal eRulemaking Portal: Go to https://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 https:// 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 https:// mstockstill on DSK4VPTVN1PROD with NOTICES DATES: VerDate Mar<15>2010 15:20 Nov 28, 2011 Jkt 226001 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 https://edocket.access.gpo.gov/2008/pdf/ E8–785.pdf. FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical Programs Division, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue, SE., Room W64– 224, Washington, DC 20590–0001. Office hours are from 8:30 a.m. to 5 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the Federal Motor Carrier Safety Regulations for a 2-year period if it finds ‘‘such exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such exemption.’’ FMCSA can renew exemptions at the end of each 2-year period. The 8 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 Marion J. Coleman, Jr. Mr. Coleman, age 40, 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, 20/25. Following an PO 00000 Frm 00188 Fmt 4703 Sfmt 4703 73769 examination in 2011, his ophthalmologist noted, ‘‘He has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Coleman reported that he has driven tractor-trailer combinations for 12 years, accumulating 1.8 million miles. He holds a Class A Commercial Driver’s License (CDL) from Kentucky. His driving record for the last 3 years shows no crashes but one conviction for speeding in a Commercial Motor Vehicle (CMV). He exceeded the speed limit by 9 mph. Layne C. Coscorrosa Mr. Coscorrosa, 33, has had amblyopia in his left eye since childhood. The best corrected visual acuity in his right eye is 20/20 and in his left eye, 20/200. Following an examination in 2011, his ophthalmologist noted, ‘‘I certify that he can perform the tasks required to operate a commercial vehicle.’’ Mr. Coscorrosa reported that he has driven buses for 6 years, accumulating 150,000 miles. He holds a Class B CDL from Washington. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Lex A. Fabrizio Mr. Fabrizio, 39, has had complete loss of vision in his left eye, due to coat’s disease since age 3. The best corrected visual acuity in his right eye is 20/20. Following an examination in 2011, his ophthalmologist noted, ‘‘In my opinion, Lex has normal vision and can perform all visual tasks necessary in driving a commercial truck.’’ Mr. Fabrizio reported that he has driven straight trucks for 5 years, accumulating 50,000 miles and tractor-trailer combinations for 5 years, accumulating 400,000 miles. He holds a Class A CDL from Utah. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Mark A. Ferris Mr. Ferris, 55, 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 2011, his optometrist noted, ‘‘In my professional opinion, Mr. Ferris has more than sufficient vision to perform the driving tasks required to operate any commercial motor vehicle.’’ Mr. Ferris reported that he has driven straight trucks for 21 years, accumulating 651,000 miles and tractor-trailer combinations for 5 years, accumulating 150,000 miles. He holds a Class A CDL E:\FR\FM\29NON1.SGM 29NON1 73770 Federal Register / Vol. 76, No. 229 / Tuesday, November 29, 2011 / Notices from Iowa. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Charles J. Kennedy Mr. Kennedy, 61, 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, 20/60. Following an examination in 2011, his ophthalmologist noted, ‘‘I am able to certify in my medical opinion, you do have sufficient vision required to perform driving tasks associated with operating a commercial vehicle.’’ Mr. Kennedy reported that he has driven straight trucks for 35 years, accumulating 525,000 miles and tractortrailer combinations for 22 years, accumulating 176,000 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. mstockstill on DSK4VPTVN1PROD with NOTICES John E. Nichols Mr. Nichols, 54, 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 ophthalmologist noted, ‘‘he does have full visual field and color vision to allow him to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Nichols reported that he has driven straight trucks for 30 years, accumulating 1.1 million 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. Greg W. Story Mr. Story, 54, has had retinal detachment and repair in his right eye since June 15, 2008. The best corrected visual acuity in his right eye is light perception and in his left eye, 20/40. Following an examination in 2011, his optometrist noted, ‘‘I feel confident that Mr. Story has adequate vision to perform his duties as a commercial truck driver.’’ Mr. Story reported that he has driven straight trucks for 12 years, accumulating 249,996 miles and tractortrailer combinations for 12 years, accumulating 999,996 miles. He holds a Class A CDL from North Carolina. His driving record for the last 3 years shows no crashes but one conviction for speeding in a CMV. He exceeded the speed limit by 10 mph. Gilford J. Whittle Mr. Whittle, 62, has had amblyopia in his left eye since birth. The best corrected visual acuity in his right eye VerDate Mar<15>2010 15:20 Nov 28, 2011 Jkt 226001 20/20 and in his left eye, count-finger vision. Following an examination in 2011, his ophthalmologist noted, ‘‘I do not see where there have been any changes which would complicate his ability to drive a commercial vehicle at this time.’’ Mr. Whittle reported that he has driven tractor-trailer combinations for 221⁄2 years, accumulating 2.7 million 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. 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 29, 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: November 18, 2011. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2011–30736 Filed 11–28–11; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2011–0083] Petition for Waiver of Compliance In accordance with Part 211 of Title 49 of the Code of Federal Regulations (CFR), this document provides the public notice that by a document dated September 27, 2011, Genesis Worldwide Logistics (GWWL) has petitioned the Federal Railroad Administration (FRA) for a waiver of compliance from certain provisions of the Federal railroad safety regulations contained at 49 CFR 223.11, 231.30, 229.47, 229.115 and 229.125. FRA assigned the petition Docket Number FRA–2011–0083. GWWL requests a waiver for TrackMobile 4650 used for in-plant switching confined to the tracks and facility known as GWWL, located in Houston, Harris County, Texas, of the PO 00000 Frm 00189 Fmt 4703 Sfmt 4703 following: 49 CFR 223.11, Requirements for existing locomotives; 231.30, Locomotives used in switching service; 229.47, Emergency brake valve; 229.115, Slip/slide alarms; and 229.125, Headlights and auxiliary lights. A copy of the petition, as well as any written communications concerning the petition, is available for review online at https://www.regulations.gov and in person at the U.S. Department of Transportation’s (DOT) Docket Operations Facility, 1200 New Jersey Ave., SE., W12–140, Washington, DC 20590. The Docket Operations Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except Federal Holidays. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested party desires an opportunity for oral comment, they should notify FRA, in writing, before the end of the comment period and specify the basis for their request. All communications concerning these proceedings should identify the appropriate docket number and may be submitted by any of the following methods: • Web site: https:// www.regulations.gov. Follow the online instructions for submitting comments. • Fax: (202) 493–2251. • Mail: Docket Operations Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., W12–140, Washington, DC 20590. • Hand Delivery: 1200 New Jersey Avenue, SE., Room W12–140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. Communications received by January 13, 2012 will be considered by FRA before final action is taken. Comments received after that date will be considered as far as practicable. Anyone is able to search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78), or online at https://www.dot.gov/ privacy.html. E:\FR\FM\29NON1.SGM 29NON1

Agencies

[Federal Register Volume 76, Number 229 (Tuesday, November 29, 2011)]
[Notices]
[Pages 73769-73770]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30736]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0299]


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 8 individuals for 
exemption from the vision requirement in the Federal Motor Carrier 
Safety Regulations. If granted, the exemptions would enable these 
individuals to qualify as drivers of commercial motor vehicles (CMVs) 
in interstate commerce without meeting the Federal vision requirement.

DATES: Comments must be received on or before December 29, 2011.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2011-0299 using any of the 
following methods:
     Federal eRulemaking Portal: Go to https://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 https://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 https://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 
https://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical 
Programs Division, (202) 366-4001, fmcsamedical@dot.gov, FMCSA, 
Department of Transportation, 1200 New Jersey Avenue, SE., Room W64-
224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 
p.m., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the Federal Motor Carrier Safety Regulations for a 2-year period 
if it finds ``such exemption would likely achieve a level of safety 
that is equivalent to or greater than the level that would be achieved 
absent such exemption.'' FMCSA can renew exemptions at the end of each 
2-year period. The 8 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

Marion J. Coleman, Jr.

    Mr. Coleman, age 40, 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, 20/25. Following an examination in 2011, his 
ophthalmologist noted, ``He has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Coleman 
reported that he has driven tractor-trailer combinations for 12 years, 
accumulating 1.8 million miles. He holds a Class A Commercial Driver's 
License (CDL) from Kentucky. His driving record for the last 3 years 
shows no crashes but one conviction for speeding in a Commercial Motor 
Vehicle (CMV). He exceeded the speed limit by 9 mph.

Layne C. Coscorrosa

    Mr. Coscorrosa, 33, has had amblyopia in his left eye since 
childhood. The best corrected visual acuity in his right eye is 20/20 
and in his left eye, 20/200. Following an examination in 2011, his 
ophthalmologist noted, ``I certify that he can perform the tasks 
required to operate a commercial vehicle.'' Mr. Coscorrosa reported 
that he has driven buses for 6 years, accumulating 150,000 miles. He 
holds a Class B CDL from Washington. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Lex A. Fabrizio

    Mr. Fabrizio, 39, has had complete loss of vision in his left eye, 
due to coat's disease since age 3. The best corrected visual acuity in 
his right eye is 20/20. Following an examination in 2011, his 
ophthalmologist noted, ``In my opinion, Lex has normal vision and can 
perform all visual tasks necessary in driving a commercial truck.'' Mr. 
Fabrizio reported that he has driven straight trucks for 5 years, 
accumulating 50,000 miles and tractor-trailer combinations for 5 years, 
accumulating 400,000 miles. He holds a Class A CDL from Utah. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Mark A. Ferris

    Mr. Ferris, 55, 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 2011, his optometrist 
noted, ``In my professional opinion, Mr. Ferris has more than 
sufficient vision to perform the driving tasks required to operate any 
commercial motor vehicle.'' Mr. Ferris reported that he has driven 
straight trucks for 21 years, accumulating 651,000 miles and tractor-
trailer combinations for 5 years, accumulating 150,000 miles. He holds 
a Class A CDL

[[Page 73770]]

from Iowa. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Charles J. Kennedy

    Mr. Kennedy, 61, 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, 20/60. Following an examination in 2011, his ophthalmologist 
noted, ``I am able to certify in my medical opinion, you do have 
sufficient vision required to perform driving tasks associated with 
operating a commercial vehicle.'' Mr. Kennedy reported that he has 
driven straight trucks for 35 years, accumulating 525,000 miles and 
tractor-trailer combinations for 22 years, accumulating 176,000 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.

John E. Nichols

    Mr. Nichols, 54, 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 ophthalmologist 
noted, ``he does have full visual field and color vision to allow him 
to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Nichols reported that he has driven straight trucks for 
30 years, accumulating 1.1 million 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.

Greg W. Story

    Mr. Story, 54, has had retinal detachment and repair in his right 
eye since June 15, 2008. The best corrected visual acuity in his right 
eye is light perception and in his left eye, 20/40. Following an 
examination in 2011, his optometrist noted, ``I feel confident that Mr. 
Story has adequate vision to perform his duties as a commercial truck 
driver.'' Mr. Story reported that he has driven straight trucks for 12 
years, accumulating 249,996 miles and tractor-trailer combinations for 
12 years, accumulating 999,996 miles. He holds a Class A CDL from North 
Carolina. His driving record for the last 3 years shows no crashes but 
one conviction for speeding in a CMV. He exceeded the speed limit by 10 
mph.

Gilford J. Whittle

    Mr. Whittle, 62, has had amblyopia in his left eye since birth. The 
best corrected visual acuity in his right eye 20/20 and in his left 
eye, count-finger vision. Following an examination in 2011, his 
ophthalmologist noted, ``I do not see where there have been any changes 
which would complicate his ability to drive a commercial vehicle at 
this time.'' Mr. Whittle reported that he has driven tractor-trailer 
combinations for 22\1/2\ years, accumulating 2.7 million 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.

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 29, 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: November 18, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011-30736 Filed 11-28-11; 8:45 am]
BILLING CODE 4910-EX-P
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