[Federal Register Volume 75, Number 8 (Wednesday, January 13, 2010)]
[Notices]
[Pages 1835-1839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-412]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket ID. FMCSA-2009-0321]


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 33 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 February 12, 2010.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2009-0321 using any of the 
following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
    <bullet> 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.
    <bullet> 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.
    <bullet> Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket ID for 
this Notice. Note that DOT posts all comments received without change 
to http://www.regulations.gov, including any personal information 
included in a comment. Please see the Privacy Act heading below.
    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 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, <a href="/cdn-cgi/l/email-protection#a8cec5cbdbc9c5cdccc1cbc9c4e8ccc7dc86cfc7de"><span class="__cf_email__" data-cfemail="1f79727c6c7e727a7b767c7e735f7b706b31787069">[email protected]</span></a>, 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 
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 33 individuals listed in this 
notice have each requested 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

Bradley T. Alspach

    Mr. Alspach, age 50, 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 2009, his 
ophthalmologist noted, ``In my opinion, he has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Alspach reported that he has driven straight trucks for 16 years, 
accumulating 332,800 miles, and buses for 7 months, accumulating 2,625 
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.

William M. Arbogast

    Mr. Arbogast, 58, has a macular scar in his left eye due to a 
traumatic injury sustained in 1968. The best corrected visual acuity in 
his right eye is 20/20 and in his left eye, 20/1600. Following an 
examination in 2009, his optometrist noted, ``It is my opinion that Mr. 
Arbogast has sufficient vision to safely drive and operate a commercial 
vehicle.'' Mr. Arbogast reported that he has driven straight trucks for 
40 years,

[[Page 1836]]

accumulating 900,000 miles, and tractor-trailer combinations for 30 
years, accumulating 675,000 miles. He holds a Class A CDL from Florida. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

John E. Cain

    Mr. Cain, 59, has a retinal detachment in his left eye due to a 
traumatic injury sustained as a child. 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, ``In my 
medical opinion, Mr. Cain has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Cain reported 
that he has driven straight trucks for 28 years, accumulating 350,000 
miles. He holds a Class B CDL from New Mexico. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Terry A. Crites

    Mr. Crites, 41, has had refractive amblyopia in his left eye since 
childhood. The visual acuity in his right eye is 20/20 and in his left 
eye, 20/200. Following an examination in 2009, his optometrist noted, 
``Mr. Terry Crites in my medical opinion has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Crites reported that he has driven tractor-trailer trucks for 18 
years, accumulating 1.4 million miles. He holds a Class A CDL from West 
Virginia. His driving record for the last 3 years shows no crashes and 
two convictions for moving violations in a CMV. In one instance, he 
exceeded the speed limit by 4 mph and in the other, by 16 mph.

Daniel M. Cannon

    Mr. Cannon, 35, has had glaucoma in his right eye since birth. The 
visual acuity in his right eye is light perception only and in his left 
eye, 20/15. Following an examination in 2009, his optometrist noted, 
``It is my opinion that Daniel has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Cannon 
reported that he has driven straight trucks for 11 years, accumulating 
16,500 miles. He holds a Class B CDL from Oregon. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Eugene Contreras

    Mr. Contreras, 68, has corneal scarring in his left eye due to 
trauma sustained as a child. The best corrected visual acuity in his 
right eye is 20/20 and in his left eye, 20/400. Following an 
examination in 2009, his ophthalmologist noted, ``It is my opinion that 
Mr. Contreras does have sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Contreras reported that 
he has driven buses for 8 years, accumulating 16,000 miles. He holds a 
Class B CDL from New Mexico. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Curtis J. Crowston

    Mr. Crowston, 44, has a prosthetic left eye due to a traumatic 
injury sustained in 1996. The visual acuity in his left eye is 20/50. 
Following an examination in 2009, his optometrist noted, ``In my 
opinion, based on his monocular standing of visual acuity, color 
vision, and visual field testing, that Curtis has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Crowston reported that he has driven straight trucks for 6 years, 
accumulating 180 miles, and tractor-trailer combinations for 5 years, 
accumulating 100,000 miles. He holds a Class A CDL from North Dakota. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Jim L. Davis

    Mr. Davis, 54, has complete loss of vision in his right eye due to 
a traumatic injury sustained during childhood. The best corrected 
visual acuity in his left eye is 20/20. Following an examination in 
2009, his optometrist noted, ``It was my opinion that Mr. Davis had 
sufficient vision to perform the tasks required to drive a commercial 
vehicle.'' Mr. Davis reported that he has driven straight trucks for 5 
years, accumulating 650,000 miles, and tractor-trailer combinations for 
2 years, accumulating 100,000 miles. He holds a Class B CDL from New 
Mexico. His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Clifford W. Doran, Jr.

    Mr. Doran, 49, has a macular scar in his left eye due to ocular 
histoplasmosis syndrome. The best corrected visual acuity in his right 
eye is 20/15 and in his left eye, 20/300. Following an examination in 
2009, his ophthalmologist noted, ``His vision is best corrected and he 
is doing fine and I think he is okay to be able to drive a commercial 
vehicle because of his good peripheral vision in both eyes.'' Mr. Doran 
reported that he has driven straight trucks for 8 months, accumulating 
40,000 miles, and tractor-trailer combinations for 20 years, 
accumulating 1 million miles. He holds a Class A CDL from North 
Carolina. His driving record for the last 3 years shows no crashes and 
two convictions for speeding in a CMV. In both instances, he exceeded 
the speed limit by 9 miles per hour (mph).

Daniel W. Doshier

    Mr. Doshier, 61, has aphakia in his right eye due to a traumatic 
injury sustained at age 17. The best corrected visual acuity in his 
right eye is 20/20 and in his left eye, 20/400. Following an 
examination in 2009, his optometrist noted, ``I feel Mr. Doshier is 
visually able to perform any commercial driving tasks that he may be 
asked to do.'' Mr. Doshier reported that he has driven straight trucks 
for 4 years, accumulating 36,000 miles. He holds a Class B CDL from 
Arkansas. His driving record for the last 3 years shows no crashes and 
one conviction for speeding in a CMV. He exceeded the speed limit by 15 
mph.

Charles L. Dunn

    Mr. Dunn, 43, has had retinal detachment in his right eye since 
1999. The best corrected visual acuity in his right eye is hand-motion 
vision and in his left eye, 20/15. Following an examination in 2009, 
his optometrist noted, ``In my opinion, Mr. Dunn has sufficient vision 
to perform the driving tasks required to operate a commercial vehicle 
at this time.'' Mr. Dunn reported that he has driven straight trucks 
for 8[frac12] years, accumulating 743,750 miles, and tractor-trailer 
combinations for 20 years, accumulating 1.7 million miles. He holds a 
Class A CDL from Oklahoma. His driving record for the last 3 years 
shows no crashes and two convictions for speeding in a CMV. In one 
instance, he exceeded the speed limit by 10 mph and in the other by 12 
mph.

Andrew G. Fornsel

    Mr. Fornsel, 46, has complete loss of vision in his right eye due 
to phtitesis bulbi caused by a traumatic injury sustained 39 years ago. 
The visual acuity in his left eye is 20/20. Following an examination in 
2009, his optometrist noted, ``It is my professional opinion that Mr. 
Andrew Fornsel has sufficient vision to perform any and all the driving 
tasks required to operate a commercial vehicle.'' Mr. Fornsel reported 
that he has driven straight trucks for 25 years, accumulating 750,000 
miles, and tractor-trailer combinations for 20 years, accumulating 1 
million miles. He holds a Class A CDL from New York. His driving record 
for the last 3 years shows

[[Page 1837]]

no crashes and no convictions for moving violations in a CMV.

Jamie L. French

    Mr. French, 45, has a macular scar in his right eye due to 
toxoplasmosis which occurred in 1999. The visual acuity in his right 
eye is 20/200, and in his left eye, 20/20 . Following an examination in 
2009, his ophthalmologist noted, ``In my opinion, Mr. French has vision 
that is sufficient to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. French reported that he has driven straight 
trucks for 2[frac12] years, accumulating 77,500 miles, and tractor-
trailer combinations for 13 years, accumulating 540,800 miles. He holds 
a Class A CDL from North Carolina. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Archie C. Hillsman

    Mr. Hillsman, 56, has complete loss of vision in his left eye due 
to a traumatic injury sustained during childhood. The best corrected 
visual acuity in his right eye is 20/20. Following an examination in 
2009, his optometrist noted, ``Archie's vision is sufficient to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Hillsman reported that he has driven straight trucks for 4 years, 
accumulating 40,000 miles, and tractor-trailer combinations for 5\1/2\ 
years, accumulating 343,750 miles. He holds a Class A CDL from Oregon. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Amos W. Hulsey

    Mr. Hulsey, 42, has complete loss of vision in his right eye since 
birth. The visual acuity in his left eye is 20/20. Following an 
examination in 2009, his optometrist noted, ``It is my opinion that if 
Mr. Hulsey meets the standard requirements for the U.S. Department of 
Transportation Safety Administration, he does have sufficient vision in 
the left eye to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Hulsey reported that he has driven straight 
trucks for 5 years, accumulating 250,000 miles, and tractor-trailer 
combinations for 6 years, accumulating 420,000 miles. He holds a Class 
D operator's license from Alabama. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Guy A. Lanham

    Mr. Lanham, 47, has had complete loss of vision in his right eye 
due to a corneal ulcer diagnosed in 2003 and two failed corneal 
transplants. The visual acuity in his left eye is 20/20. Following an 
examination in 2009, his optometrist noted, ``It is my professional 
opinion that Mr. Lanham has sufficient vision to perform driving tasks 
required to operate a commercial vehicle.'' Mr. Lanham reported that he 
has driven straight trucks for 3 years, accumulating 72,000 miles, and 
tractor-trailer combinations for 12 years, accumulating 1.5 million 
miles. He holds a Class A CDL from Florida. His driving record for the 
last 3 years shows no crashes and one conviction for speeding in a CMV. 
He exceeded the speed limit by 20 mph.

Glenn Lewis

    Mr. Lewis, 41, has had amblyopia in his right eye since birth. 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, 
``In my opinion, from past performance and the current vision 
situation, Glenn should still be able to operate a commercial vehicle 
effectively for his employment, just as he has done for the past 12 
years.'' Mr. Lewis reported that he has driven straight trucks for 15 
years, accumulating 3 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

James M. McCormick

    Mr. McCormick, 42, has had amblyopia in his right eye since birth. 
The best corrected visual acuity in his right eye is 20/60 and in his 
left eye, 20/15. Following an examination in 2009, his ophthalmologist 
noted, ``I do believe he is capable of safely operating a commercial 
motor vehicle in interstate commerce with his current vision.'' Mr. 
McCormick reported that he has driven straight trucks for 15 years, 
accumulating 75,000 miles. He holds a Class A CDL from Idaho. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Shane W. Mincey

    Mr. Mincey, 38, has corneal scarring in his right eye due to a 
traumatic injury sustained as a child. The best corrected visual acuity 
in his right eye is 20/200 and in his left eye, 20/20. Following an 
examination in 2009, his optometrist noted, ``In my medical opinion, I 
feel Shane has sufficient vision to operate a commercial vehicle 
safely.'' Mr. Mincey reported that he has driven straight trucks for 4 
years, accumulating 120,000 miles. He holds a Class D operator's 
license from Alabama. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Millard F. Neace, II

    Mr. Neace, 36, has a retinal detachment in his left eye which 
occurred in 1996. The best corrected visual acuity in his right eye is 
20/20 and in his left eye, 20/60. Following an examination in 2009, his 
optometrist noted, ``Due to the stable chronic condition of his left 
eye, he has sufficient vision to operate a commercial vehicle.'' Mr. 
Neace reported that he has driven straight trucks for 3 years, 
accumulating 216,000 miles, and tractor-trailer combinations for 4 
years, accumulating 280,000 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.

Frank L. Ortolani

    Mr. Ortolani, 56, has had amblyopia in his right eye since birth. 
The best corrected visual acuity in his right eye is 20/200 and in his 
left eye, 20/20. Following an examination in 2009, his optometrist 
noted, ``Although he may not have good central snellen visual acuity in 
the right eye, he does maintain normal peripheral visual fields which 
is sufficient to perform the driving test required to operate a 
commercial vehicle.'' Mr. Ortolani reported that he has driven straight 
trucks for 15 years, accumulating 375,000 miles. He holds a Class B CDL 
from Ohio. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Paul D. Prillaman

    Mr. Prillaman, 47, has a prosthetic left eye due to corneal 
dystrophy which began as a child. The visual acuity in his right eye is 
20/20. Following an examination in 2009, his ophthalmologist noted, 
``It is my professional medical opinion that Mr. Prillaman does have 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Prillaman reported that he has driven 
straight trucks for 31 years, accumulating 1.7 million miles. He holds 
a Class B CDL from Virginia. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

[[Page 1838]]

Scott A. Randol

    Mr. Randol, 50, has had a cataract in his right eye since birth. 
The visual acuity in his right eye is 20/70, and in his left eye, 20/
20. Following an examination in 2009, his optometrist noted, ``In my 
medical opinion, Mr. Randol has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Randol 
reported that he has driven straight trucks for 30 years, accumulating 
300,000 miles, and tractor-trailer combinations for 30 years, 
accumulating 300,000 miles. He holds a Class A CDL from Missouri. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Samuel E. Rees

    Mr. Rees, 43, has a corneal scar in his right eye which occurred in 
2004. The best corrected visual acuity in his right eye is 20/60 and in 
his left eye, 20/20. Following an examination in 2009, his optometrist 
noted, ``Mr. Rees should have no visual problem operating a commercial 
vehicle.'' Mr. Rees reported that he has driven straight trucks for 10 
years, accumulating 400,000 miles. He holds a Class A CDL from Arizona. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Danny L. Rolfe

    Mr. Rolfe, 43, has retinal detachment in his right eye due to a 
traumatic injury sustained at age 18. The best corrected visual acuity 
in his left eye is 20/20. Following an examination in 2009, his 
optometrist noted, ``From a vision perspective, I don't see any 
limitation to Dan's demonstrated ability to safely drive and operate 
commercial vehicles, it is my opinion that he is seeing adequately to 
continue driving.'' Mr. Rolfe reported that he has driven straight 
trucks for 25 years, accumulating 125,000 miles, and tractor-trailer 
combinations for 23 years, accumulating 1.2 million 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.

Miguel A. Sanchez

    Mr. Sanchez, 33, has had amblyopia in his right eye since 
childhood. The best corrected visual acuity in his right eye is 20/100 
and in his left eye, 20/20. Following an examination in 2009, his 
optometrist noted, ``In my medical opinion Miguel has sufficient vision 
to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Sanchez reported that he has driven straight trucks for 
8 years, accumulating 28,800 miles, and tractor-trailer combinations 
for 7 years, accumulating 25,200 miles. He holds a Class B CDL from New 
Mexico. His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Dennis R. Schneider

    Mr. Schneider, 70, has had amblyopia in his right eye since birth. 
The best corrected visual acuity in his right eye is 20/200 and in his 
left eye, 20/20. Following an examination in 2009, his optometrist 
noted, ``In my opinion, Dennis has the visual ability to perform the 
driving tasks of a commercial vehicle.'' Mr. Schneider reported that he 
has driven straight trucks for 53 years, accumulating 31,800 miles, and 
buses for 46 years, accumulating 253,000 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 D. Stevens

    Mr. Stevens, 47, has had amblyopia in his right eye since birth. 
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 ophthalmologist 
noted, ``In my medical opinion, the patient has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Stevens reported that he has driven tractor-trailer combinations 
for 9 years, accumulating 144,000 miles. He holds a Class A CDL from 
Michigan. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Thomas G. Tomasiewicz

    Mr. Tomasiewicz, 63, has had amblyopia in his right eye since 
birth. The best corrected visual acuity in his right eye is 20/200 and 
in his left eye, 20/20. Following an examination in 2009, his 
optometrist noted, ``I do certify that this patient, Thomas 
Tomasiewicz, has sufficient visual abilities, in regard to acuity and 
visual field, to perform the task of driving and operating a commercial 
vehicle.'' Mr. Tomasiewicz reported that he has driven straight trucks 
for 3 years, accumulating 150,000 miles. He holds a Class C operator's 
license from Illinois. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

James E. Vickery

    Mr. Vickery, 39, 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, 20/50. Following an examination in 2009, his optometrist noted, 
``In my medical opinion, Mr. Vickery has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Vickery reported that he has driven tractor-trailer combinations for 4 
years, accumulating 208,000 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.

Billy R. Wilkey

    Mr. Wilkey, 63, has had amblyopia in his right eye since birth. The 
best corrected visual acuity in his right eye is 20/200 and in his left 
eye, 20/20. Following an examination in 2009, his ophthalmologist 
noted, ``Mr. Wilkey's vision is sufficient to continue operating a 
commercial motor vehicle, in my opinion.'' Mr. Wilkey reported that he 
has driven straight trucks for 21 years, accumulating 168,000 miles, 
and tractor-trailer combinations for 21 years, accumulating 168,000 
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.

James H. Williams, Jr.

    Mr. Williams, 62, has had retinal detachment in his left eye due to 
a traumatic injury sustained in 1985. The best corrected visual acuity 
in his right eye is 20/25 and in his left eye, 20/200. Following an 
examination in 2009, his optometrist noted, ``I do believe that Mr. 
Williams has sufficient visual field in his left eye that will not 
hinder his capability for driving. His right eye has been trained to 
compensate for the blur straight ahead. I do recommend yearly testing 
to follow his condition and capabilities.'' Mr. Williams reported that 
he has driven straight trucks for 5 years, accumulating 150,000 miles, 
and tractor-trailer combinations for 35 years, accumulating 2.6 million 
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.

Reginald J. Wuethrich

    Mr. Wuethrich, 46, has a prosthetic right eye due to a traumatic 
injury sustained in 1982. The best corrected visual acuity in his left 
eye is 20/15. Following an examination in 2009, his ophthalmologist 
noted, ``In my opinion, given the long standing and stable nature of 
his visual condition, there is no reason for him to be unable to 
perform the duties associated with

[[Page 1839]]

operating a commercial vehicle.'' Mr. Wuethrich reported that he has 
driven straight trucks for 26 years, accumulating 78,000 miles, and 
tractor-trailer combinations for 26 years, accumulating 520,000 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.

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 February 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: January 6, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-412 Filed 1-12-10; 8:45 am]
BILLING CODE 4910-EX-P


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