[Federal Register Volume 76, Number 229 (Tuesday, November 29, 2011)]
[Notices]
[Pages 73769-73770]
From the Federal Register Online via the Government Publishing 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.

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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 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: Elaine M. Papp, Chief, Medical 
Programs Division, (202) 366-4001, [email protected], 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