54958 Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Notices 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2010–0201] 

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 October 12, 2010. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2010–0201 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 acknowledgment 

page that appears after submitting 

comments on-line. 

Privacy Act: Anyone may search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or of the person signing the 

comment, if submitted on behalf of an 

association, business, labor union, etc.). 

You may review DOT’s Privacy Act 

Statement for the FDMS published in 

the Federal Register on January 17, 

2008 (73 FR 3316), or you may visit 

http://edocket.access.gpo.gov/2008/pdf/

E8-785.pdf. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Mary D. Gunnels, Director, Medical 

Programs, (202) 366–4001, 

fmcsamedical@dot.gov, FMCSA, 

Department of Transportation, 1200 

New Jersey Avenue, SE, Room W64– 

224, Washington, DC 20590–0001. 

Office hours are from 8:30 a.m. to 5 

p.m., Monday through Friday, except 

Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Background 

Under 49 U.S.C. 31136(e) and 31315, 

FMCSA may grant an exemption from 

the Federal Motor Carrier Safety 

Regulations for a 2-year period if it finds 

‘‘such exemption would likely achieve a 

level of safety that is equivalent to, or 

greater than, the level that would be 

achieved absent such exemption.’’ 

FMCSA can renew exemptions at the 

end of each 2-year period. The 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 

James B. Bierschbach 

Mr. Bierschbach, age 50, has had 

amblyopia in his left eye since 

childhood. The best corrected visual 

acuity in his right eye is 20/15 and in 

his left eye, 20/70. Following an 

examination in 2010, his optometrist 

noted, ‘‘In my medical opinion, this 

patient has sufficient vision to perform 

the driving tasks required to operate a 

commercial vehicle safely.’’ Mr. 

Bierschbach reported that he has driven 

straight trucks for 22 years, 

accumulating 1.3 million miles and 

tractor-trailer combinations for 5 years, 

accumulating 525,000 miles. He holds a 

Class A Commercial Driver’s License 

(CDL) from Minnesota. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

John P. Catalano 

Mr. Catalano, 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, 20/50. 

Following an examination in 2010, his 

optometrist noted, ‘‘In my medical 

opinion, he has sufficient vision to 

perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Catalano reported that he has driven 

straight trucks for 26 years, 

accumulating 1 million miles. He holds 

a Class D operator’s license from New 

Jersey. His driving record for the last 3 

years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Tyrone O. Friese 

Mr. Friese, 61, has had a prosthetic 

left eye due to trauma since 1981. The 

best corrected visual acuity in his right 

eye is 20/20. Following an examination 

in 2010, his optometrist noted, ‘‘In my 

medical opinion, Mr. Friese has 

sufficient vision to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Friese reported that he has 

driven straight trucks for 44 years, 

accumulating 440,000 miles and tractortrailer combinations for 14 years, 

accumulating 280,000 miles. He holds a 

Class A CDL from Minnesota. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Randy M. Lane 

Mr. Lane, 46, has had amblyopia in 

his right eye since childhood. The best 

corrected visual acuity in his right eye 

is count-finger vision only and in his 

left eye, 20/30. Following an 

examination in 2010, his 

ophthalmologist noted, ‘‘My medical 

opinion is that Randy has sufficient 

vision to perform the driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Lane reported that he has 

driven straight trucks for 15 years, 

accumulating 75,000 miles. He holds a 

Class B CDL from Pennsylvania. 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. 

Mark E. Lapp 

Mr. Lapp, 45, has a prosthetic left eye 

due to a traumatic injury sustained in 

1990. The best corrected visual acuity in 

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Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Notices 54959 

his right eye is 20/16. Following an 

examination in 2010, his 

ophthalmologist noted, ‘‘It is in my 

medical opinion that he has sufficient 

vision to operate a commercial vehicle.’’ 

Mr. Lapp reported that he has driven 

straight trucks for 23 years, 

accumulating 23,000 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. 

David S. Matheny 

Mr. Matheny, 51, 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, count-finger 

vision only. Following an examination 

in 2010, his optometrist noted, ‘‘It is my 

professional opinion that Mr. David 

Matheny’s vision with corrective lenses 

is sufficient to perform the driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Matheny reported that he 

has driven tractor-trailer combinations 

for 4 years, accumulating 400,000 miles. 

He holds a Class A CDL from 

Washington. His driving record for the 

last 3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Frank G. Merrill 

Mr. Merrill, 62, 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, count-finger 

vision only. Following an examination 

in 2010, his optometrist noted, ‘‘In my 

opinion, individuals amblyopic in one 

and normal peripheral vision function 

very well in everyday life and driving, 

whether personal or commercial.’’ Mr. 

Merrill reported that he has driven 

straight trucks for 45 years, 

accumulating 450,000 miles and tractortrailer combinations for 45 years, 

accumulating 450,000 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. 

Shannon L. Puckett 

Mr. Puckett, 33, has had amblyopia in 

his right eye since birth. The best 

corrected visual acuity in his right eye 

is 20/140 and in his left eye, 20/20. 

Following an examination in 2010, his 

optometrist noted, ‘‘It is my medical 

opinion that he does have sufficient 

vision to perform the driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Puckett reported that he 

has driven tractor-trailer combinations 

for 11 years, accumulating 1.1 million 

miles. He holds a Class A CDL from 

Kentucky. His driving record for the last 

3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Leo S. Ruiz, Jr. 

Mr. Ruiz, 59, has had macular 

scarring in his left eye since childhood. 

The best corrected visual acuity in his 

right eye is 20/25 and in his left eye, 20/ 

200. Following an examination in 2010, 

his ophthalmologist noted, ‘‘In my 

opinion, Mr. Ruiz has sufficient vision 

to operate a commercial vehicle.’’ Mr. 

Ruiz reported that he has driven straight 

trucks for 2 years, accumulating 100,000 

miles and tractor-trailer combinations 

for 31 years, accumulating 1.7 million 

miles. He holds a Class A CDL from 

California. His driving record for the last 

3 years shows no crashes and one 

conviction for a moving violation in a 

CMV. He was cited for a cell phone 

violation. 

Ronald B. Shafer 

Mr. Shafer, 66, 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 

optometrist noted, ‘‘Mr. Shafer should 

have sufficient vision to operate a 

commercial vehicle.’’ Mr. Shafer 

reported that he has driven straight 

trucks for 15 years, accumulating 39,000 

miles. He holds a Class C chauffeur’s 

license from Michigan. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Thomas M. Sharp 

Mr. Sharp, 50, has had a prosthetic 

right eye due to trauma since 1982. The 

best corrected visual acuity in his left 

eye is 20/15. Following an examination 

in 2010, his ophthalmologist noted, ‘‘I 

expect that Mr. Sharp’s condition will 

remain stable and in my opinion, has 

more than adequate vision to operate a 

commercial vehicle.’’ Mr. Sharp 

reported that he has driven straight 

trucks for 30 years, accumulating 

525,000 miles and tractor-trailer 

combinations for 8 years, accumulating 

24,000 miles. He holds a Class A CDL 

from Maine. His driving record for the 

last 3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Ranjodh Singh 

Mr. Singh, 30, has had complete loss 

of vision in his left eye since childhood 

due to trauma. The best corrected visual 

acuity in his right eye is 20/20. 

Following an examination in 2010, his 

ophthalmologist noted, ‘‘In our expert 

opinion, Mr. Singh has sufficient vision 

to perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Singh reported that he has driven 

tractor-trailer combinations for 5 years, 

accumulating 350,000 miles. He holds a 

Class A CDL from California. 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 11 miles 

per hour. 

Kenneth M. Sova 

Mr. Sova, 48, has had amblyopia in 

his right eye since childhood. 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, ‘‘I feel that Mr. 

Sova has sufficient peripheral visual 

fields and should not affect his ability 

to operate a commercial vehicle.’’ Mr. 

Sova reported that he has driven straight 

trucks for 27 years, accumulating 67,500 

miles. He holds an operator’s license 

from Indiana. His driving record for the 

last 3 years shows no crashes and one 

conviction for a moving violation in a 

CMV. He was cited for an improper turn 

at an intersection. 

Mark A. Thornton 

Mr. Thornton, 48, lost his left eye due 

to a traumatic injury sustained in 1985. 

The best corrected visual acuity in his 

right eye is 20/20. Following an 

examination in 2010, his 

ophthalmologist noted, ‘‘Mark has been 

driving commercially since 1980 and 

has sufficient vision in his right eye to 

operate a commercial vehicle in the 

same way.’’ Mr. Thornton reported that 

he has driven straight trucks for 25 

years, accumulating 3 million miles and 

tractor-trailer combinations for 30 years, 

accumulating 3.6 million miles. He 

holds a Class A CDL from Washington. 

His driving record for the last 3 years 

shows no crashes and no convictions for 

a moving violation in a CMV. 

Earl L. White, Jr. 

Mr. White, 66, has had amblyopia in 

his left eye since birth. The best 

corrected visual acuity in his right eye 

is 20/25 and in his left eye, 20/200. 

Following an examination in 2010, his 

optometrist noted, ‘‘In my opinion, Mr. 

White has adequate vision to perform 

the driving tasks required to operate a 

commercial motor vehicle.’’ Mr. White 

reported that he has driven straight 

trucks for 40 years, accumulating 5.5 

million miles. He holds a Class A CDL 

from New Hampshire. His driving 

record for the last 3 years shows no 

crashes and one conviction for a moving 

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54960 Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Notices 

violation in a CMV. He was cited for 

operating a CMV while uninsured. 

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 October 12, 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: August 28, 2010. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. 2010–22479 Filed 9–8–10; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket No. MARAD–2010 0078] 

Requested Administrative Waiver of 

the Coastwise Trade Laws 

AGENCY: Maritime Administration, 

Department of Transportation. 

ACTION: Invitation for public comments 

on a requested administrative waiver of 

the Coastwise Trade Laws for the vessel 

IRISH GYPSY. 

SUMMARY: As authorized by 46 U.S.C. 

12121, the Secretary of Transportation, 

as represented by the Maritime 

Administration (MARAD), is authorized 

to grant waivers of the U.S.-build 

requirement of the coastwise laws under 

certain circumstances. A request for 

such a waiver has been received by 

MARAD. The vessel, and a brief 

description of the proposed service, is 

listed below. The complete application 

is given in DOT docket MARAD–2010– 

0078 at http://www.regulations.gov. 

Interested parties may comment on the 

effect this action may have on U.S. 

vessel builders or businesses in the U.S. 

that use U.S.-flag vessels. If MARAD 

determines, in accordance with 46 

U.S.C. 12121 and MARAD’s regulations 

at 46 CFR part 388 (68 FR 23084; April 

30, 2003), that the issuance of the 

waiver will have an unduly adverse 

effect on a U.S.-vessel builder or a 

business that uses U.S.-flag vessels in 

that business, a waiver will not be 

granted. Comments should refer to the 

docket number of this notice and the 

vessel name in order for MARAD to 

properly consider the comments. 

Comments should also state the 

commenter’s interest in the waiver 

application, and address the waiver 

criteria given in § 388.4 of MARAD’s 

regulations at 46 CFR part 388. 

DATES: Submit comments on or before 

October 12, 2010. 

ADDRESSES: Comments should refer to 

docket number MARAD–2010–0078. 

Written comments may be submitted by 

hand or by mail to the Docket Clerk, 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590. You may also 

send comments electronically via the 

Internet at http://www.regulations.gov/ 

smses.dot.gov/submit/. All comments 

will become part of this docket and will 

be available for inspection and copying 

at the above address between 10 a.m. 

and 5 p.m., E.T., Monday through 

Friday, except federal holidays. An 

electronic version of this document and 

all documents entered into this docket 

is available on the World Wide Web at 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Joann Spittle, U.S. Department of 

Transportation, Maritime 

Administration, 1200 New Jersey 

Avenue, SE., Room W21–203, 

Washington, DC 20590. Telephone 202– 

366–5979. 

SUPPLEMENTARY INFORMATION: As 

described by the applicant the intended 

service of the vessel IRISH GYPSY is: 

Intended Commercial Use of Vessel: 

‘‘Overnight sight seeing charters of 

Southeast Alaska Inside Passage, the 

North Gulf Coast of Alaska and Alaska’s 

Prince William Sound.’’ 

Geographic Region: ‘‘Northern 

Washington and Alaska.’’ 

Privacy Act 

Anyone is able to search the 

electronic form of all 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). 

Dated: September 1, 2010. 

By order of the Maritime Administrator. 

Christine Gurland, 

Secretary, Maritime Administration. 

[FR Doc. 2010–22407 Filed 9–8–10; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket No. MARAD–2010 0079] 

Requested Administrative Waiver of 

the Coastwise Trade Laws 

AGENCY: Maritime Administration, 

Department of Transportation. 

ACTION: Invitation for public comments 

on a requested administrative waiver of 

the Coastwise Trade Laws for the vessel 

EQUANIMITY. 

SUMMARY: As authorized by 46 U.S.C. 

12121, the Secretary of Transportation, 

as represented by the Maritime 

Administration (MARAD), is authorized 

to grant waivers of the U.S.-build 

requirement of the coastwise laws under 

certain circumstances. A request for 

such a waiver has been received by 

MARAD. The vessel, and a brief 

description of the proposed service, is 

listed below. The complete application 

is given in DOT docket MARAD–2010– 

0079 at http://www.regulations.gov. 

Interested parties may comment on the 

effect this action may have on U.S. 

vessel builders or businesses in the U.S. 

that use U.S.-flag vessels. If MARAD 

determines, in accordance with 46 

U.S.C. 12121 and MARAD’s regulations 

at 46 CFR part 388 (68 FR 23084; April 

30, 2003), that the issuance of the 

waiver will have an unduly adverse 

effect on a U.S.-vessel builder or a 

business that uses U.S.-flag vessels in 

that business, a waiver will not be 

granted. Comments should refer to the 

docket number of this notice and the 

vessel name in order for MARAD to 

properly consider the comments. 

Comments should also state the 

commenter’s interest in the waiver 

application, and address the waiver 

criteria given in § 388.4 of MARAD’s 

regulations at 46 CFR part 388. 

DATES: Submit comments on or before 

October 12, 2010. 

ADDRESSES: Comments should refer to 

docket number MARAD–2010–0079. 

Written comments may be submitted by 

hand or by mail to the Docket Clerk, 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590. You may also 

send comments electronically via the 

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