Federal Register / Vol. 75, No. 187 / Tuesday, September 28, 2010 / Notices 59793 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2010–0161] 

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 17 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 28, 2010. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2010–0161 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online 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 online. 

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 the DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(65 FR 19476). This information is also 

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

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 17 

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 

Ramon Adame 

Mr. Adame, age 48, has had retinal 

detachment in his left eye since 1983. 

The best corrected visual acuity in his 

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

light perception only. Following an 

examination in 2009, his optometrist 

noted, ‘‘Has sufficient vision to drive a 

commercial vehicle.’’ Mr. Adame 

reported that he has driven straight 

trucks for 6 years, accumulating 165,000 

miles. He holds a Class B Commercial 

Driver’s License (CDL) from Illinois. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Calvin D. Bills 

Mr. Bills, 59, 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, 20/20. 

Following an examination in 2009, his 

optometrist noted, ‘‘Mr. Calvin Bills, in 

my opinion, has the ability and 

sufficient vision to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Bills reported that he has 

driven straight trucks for 5 years, 

accumulating 50,000 miles and tractortrailer combinations for 10 years, 

accumulating 4 million 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. 

Joel W. Bryant 

Mr. Bryant, 53, has had a prosthetic 

right eye since 1990 due to a traumatic 

injury. The best corrected visual acuity 

in his left eye is 20/20. Following an 

examination in 2009, his optometrist 

noted, ‘‘Mr. Bryant appears to have 

sufficient vision to perform driving 

tasks in operating a commercial vehicle 

using his left eye.’’ Mr. Bryant reported 

that he has driven straight trucks for 32 

years, accumulating 1.2 million miles 

and tractor-trailer combinations for 3 

years, accumulating 150,000 miles. He 

holds a Class D chauffeur’s license from 

Louisiana. His driving record for the last 

3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Jonathan Carriaga 

Mr. Carriaga, 35, 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, 20/60. 

Following an examination in 2010, his 

optometrist noted, ‘‘In my medical 

opinion Jonathan Carriaga has sufficient 

vision with or without glasses to drive 

a commercial vehicle safely.’’ Mr. 

Carriaga reported that he has driven 

straight trucks for 12 years, 

accumulating 62,400 miles and tractortrailer combinations for 10 years, 

accumulating 52,000 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. 

Michael R. Clark 

Mr. Clark, 54, has had macular 

scarring in his right eye since 

childhood. The best corrected visual 

acuity in his right eye is 20/200 and in 

his left eye, 20/15. Following an 

examination in 2010, his optometrist 

noted, ‘‘It is my medical opinion that 

Mr. Clark has sufficient vision to 


srobinson on DSKHWCL6B1PROD with NOTICES
59794 Federal Register / Vol. 75, No. 187 / Tuesday, September 28, 2010 / Notices 

perform all driving tasks required of 

him to drive a commercial vehicle.’’ Mr. 

Clark reported that he has driven 

straight trucks for 5 years, accumulating 

100,000 miles and tractor-trailer 

combinations for 26 years accumulating 

1.3 million miles. He holds a Class A 

CDL from Tennessee. His driving record 

for the last 3 years shows no crashes and 

no convictions for moving violations in 

a CMV. 

James D. Drabek, Jr. 

Mr. Drabek, 52, has had idiopathic 

macular choroidal neovascularization in 

both eyes since 1998. 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 optometrist 

noted, ‘‘James Drabek, Jr. has sufficient 

vision to perform driving tasks required 

to operate a commercial vehicle.’’ Mr. 

Drabek reported that he has driven 

tractor-trailer combinations for 28 years, 

accumulating 1.4 million miles. He 

holds a Class A CDL from Illinois. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Curtis E. Firari 

Mr. Firari, 54, has had macular 

scarring in his left eye since 1976. The 

best corrected visual acuity in his right 

eye is 20/15 and in his left eye, 20/350. 

Following an examination in 2010, his 

optometrist noted, ‘‘In my opinion, Curt 

has sufficient vision to perform the 

driving tasks required to operate a 

commercial vehicle.’’ Mr. Firari reported 

that he has driven tractor-trailer 

combinations for 33 years accumulating 

330,000 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. 

Percy L. Gaston 

Mr. Gaston, 57, has had central vision 

loss in his right eye since childhood. 

The best corrected visual acuity in his 

right eye is hand-motion vision and in 

his left eye, 20/20. Following an 

examination in 2010, his 

ophthalmologist noted, ‘‘Patient has 

sufficient vision at this time to operate 

a commercial vehicle.’’ Mr. Gaston 

reported that he has driven straight 

trucks for 2 years, accumulating 5,200 

miles and tractor-trailer combinations 

for 29 years, accumulating 105,560 

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. 

Ronald M. Green 

Mr. Green, 51, has had central serous 

retinopathy in his right eye since 1997. 

The best corrected visual acuity in his 

right eye is 20/60 and in his left eye, 20/ 

15. Following an examination in 2010, 

his optometrist noted, ‘‘I certify that in 

my medical opinion, Ronald Green has 

sufficient vision to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Green reported that he has 

driven tractor-trailer combinations for 

13 years, accumulating 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. 

Richard Iocolano 

Mr. Iocolano, 51, has had retinal 

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/ 

400. Following an examination in 2010, 

his ophthalmologist noted, ‘‘In my 

opinion Richard has sufficient vision to 

perform the driving tasks required to 

operate a commercial vehicle safely.’’ 

Mr. Iocolano reported that he has driven 

straight trucks for 35 years, 

accumulating 350,000 miles. He holds a 

Class B CDL from New York. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Daniel W. Johnson 

Mr. Johnson, 50, has had retinal 

scarring in his right eye since 2002. The 

best corrected visual acuity in his right 

eye is light perception only and in his 

left eye, 20/20. Following an 

examination in 2010, his optometrist 

noted, ‘‘There would be no reason to 

think that he could not perform all the 

visual tasks required to drive. It is my 

opinion that he is visually able to 

perform commercial driving tasks.’’ Mr. 

Johnson reported that he has driven 

straight trucks for 3 years, accumulating 

39,000 miles. He holds a Class A CDL 

from New York. His driving record for 

the last 3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Albert E. Joiner 

Mr. Joiner, 53, has had macular 

scarring in his right eye since 2006. The 

best corrected visual acuity in his right 

eye is 20/400 and in his left eye, 20/20. 

Following an examination in 2009, his 

ophthalmologist noted, ‘‘In my medical 

opinion, I believe the applicant has 

sufficient vision to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Joiner reported that he has 

driven straight trucks for 4 years, 

accumulating 166,400 miles and tractortrailer combinations for 33 years 

accumulating 2.5 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. 

Richard L. Kelley 

Mr. Kelley, 72, has had optic nerve 

atrophy in his left eye since 2000. The 

best corrected visual acuity in his right 

eye is 20/25 and in his left eye, 20/150. 

Following an examination in 2010, his 

ophthalmologist noted, ‘‘It is my opinion 

that he has sufficient vision to perform 

the driving tasks required to operate a 

commercial vehicle.’’ Mr. Kelley 

reported that he has driven tractortrailer combinations for 27 years, 

accumulating 3.3 million 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. 

Charles E. Queen 

Mr. Queen, 53, sustained traumatic 

injury to his left optic nerve at age 14. 

The best corrected visual acuity in his 

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

300. Following an examination in 2009, 

his optometrist noted, ‘‘In my medical 

opinion, Charles E. Queen has sufficient 

peripheral vision to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Queen reported that he has 

driven straight trucks for 26 years, 

accumulating 1.6 million miles and 

tractor-trailer combinations for 26 years, 

accumulating 1.6 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. 

Matias P. Quintanilla 

Mr. Quintanilla, 47, has a ruptured 

globe in his left eye due to a traumatic 

injury sustained in 2005. The best 

corrected visual acuity in his right eye 

is 20/20 and in his left eye, hand-motion 

vision. Following an examination in 

2010, his optometrist noted, ‘‘In my 

opinion, he should have sufficient 

vision to operate a commercial vehicle.’’ 

Mr. Quintanilla reported that he has 

driven tractor-trailer combinations for 9 

years, accumulating 720,000 miles. He 

holds a Class A CDL from California. 

His driving record for the last 3 years 

shows no crashes and no convictions for 

moving violations in a CMV. 

Richard T. Traigle 

Mr. Traigle, 49, has had macular 

scarring in his left eye since 2000. 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 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 187 / Tuesday, September 28, 2010 / Notices 59795 

ophthalmologist noted, ‘‘In my medical 

opinion, Mr. Traigle has sufficient 

vision to perform any driving tasks that 

he may need to perform in operating a 

commercial vehicle.’’ Mr. Traigle 

reported that he has driven straight 

trucks for 15 years, accumulating 

300,000 miles. He holds a Class D 

chauffeur’s from Louisiana. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Eugene E. Wright 

Mr. Wright, 62, has had amblyopia in 

his left eye since 1998. 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, ‘‘In my opinion 

he has adequate visual acuity and field 

to drive a commercial vehicle.’’ Mr. 

Wright reported that he has driven 

tractor-trailer combinations for 16 years, 

accumulating 1.5 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. 

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 28, 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: September 21, 2010. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. 2010–24204 Filed 9–27–10; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF THE TREASURY 

Submission for OMB Review; 

Comment Request 

September 22, 2010. 

The Department of the Treasury will 

submit the following public information 

collection requirements to OMB for 

review and clearance under the 

Paperwork Reduction Act of 1995, 

Public Law 104–13 on or after the date 

of publication of this notice. A copy of 

the submissions may be obtained by 

calling the Treasury Bureau Clearance 

Officer listed. Comments regarding 

these information collections should be 

addressed to the OMB reviewer listed 

and to the Treasury PRA Clearance 

Officer, Department of the Treasury, 

1750 Pennsylvania Avenue, NW., Suite 

11010, Washington, DC 20220. 

DATES: Written comments should be 

received on or before October 28, 2010 

to be assured of consideration. 

Internal Revenue Service (IRS) 

OMB Number: 1545–1155. 

Type of Review: Extension without 

change to a currently approved 

collection. 

Title: PS–74–89 (TD 8282) Final 

Election of Reduced Research Credit. 

Abstract: These regulations prescribe 

the procedure for making the election 

described in section 280C(c)(3) of the 

Internal Revenue Code. Taxpayers 

making this election must reduce their 

section 41(a) research credit, but are not 

required to reduce their deductions for 

qualified research expenses, as required 

in paragraphs (1) and (2) of section 

280C(c). 

Respondents: Private Sector: 

Businesses or other for-profits. 

Estimated Total Burden Hours: 50 

hours. 

OMB Number: 1545–0042. 

Type of Review: Revision of a 

currently approved collection. 

Title: Application To Use LIFO 

Inventory Method. 

Form: 970 

Abstract: Form 970 is filed by 

individuals, partnerships, trusts, estates, 

or corporations to elect to use the LIFO 

inventory method or to extend the LIFO 

method to additional goods. The IRS 

uses Form 970 to determine if the 

election was properly made. 

Respondents: Private Sector: 

Businesses or other for-profits. 

Estimated Total Burden Hours: 42,220 

hours. 

OMB Number: 1545–0757. 

Type of Review: Extension without 

change to a currently approved 

collection. 

Title: LR–209–76 (Final) Special Lien 

for Estate Taxes Deferred Under Section 

6166 or 6166A. 

Abstract: Section 632A permits the 

executor of a decedent’s estate to elect 

a lien on section 6166 property in favor 

of the United States in lieu of a bond or 

personal liability if an election under 

section 6166 was made and the executor 

files an agreement under section 

6323A(c). 

Respondents: Individuals or 

households. 

Estimated Total Burden Hours: 8,650 

hours. 

OMB Number: 1545–1861. 

Type of Review: Extension without 

change to a currently approved 

collection. 

Title: Revenue Procedure 2004–19, 

Probable or Prospective Reserves Safe 

Harbor. 

Abstract: This revenue procedure 

requires a taxpayer to file an election 

statement with the Service if the 

taxpayer wants to use the safe harbor to 

estimate the taxpayers’ oil and gas 

properties’ probable or prospective 

reserves for purposes of computing cost 

depletion under Sec. 611 of the Internal 

Revenue Code. 

Respondents: Private Sector: 

Businesses or other for-profits. 

Estimated Total Burden Hours: 50 

hours. 

OMB Number: 1545–1879. 

Type of Review: Extension without 

change to a currently approved 

collection. 

Title: Exempt Organization 

Declaration and Signature for Electronic 

Filing. 

Form: 8453–EO 

Abstract: Form 8453–EO is used to 

authenticate an electronic Forms 990, 

990–EZ, 1120–POL, or 8868 authorize 

the electronic return originator, and/or 

intermediate service provider, if any, to 

transmit via a third-party transmitter; 

and provide the organization’s consent 

to directly deposit any refund and/or 

authorize an electronic funds 

withdrawal for payment of Federal taxes 

owed. 

Respondents: Private Sector: Not-forprofit institutions. 

Estimated Total Burden Hours: 1,046 

hours. 

OMB Number: 1545–0800. 

Type of Review: Extension without 

change to a currently approved 

collection. 

Title: Reg. 601.601 Rules and 

Regulations. 

Abstract: Persons wishing to speak at 

a public hearing on a proposed rule 

must submit written comments and an 

outline within prescribed time limits, 

for use in preparing agendas and 

allocating time. Persons interested in 

the issuance, amendment, or repeal of a 

rule may submit a petition for this. IRS 

considers the petitions in its 

deliberations. 

Respondents: Private Sector: Not-forprofit institutions, Businesses or other 

for-profits and Farms. 

Estimated Total Burden Hours: 900 

hours. 

OMB Number: 1545–0806. 


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