9480 Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Notices 

individuals consistent with the 

grandfathering provisions applied to 

drivers who participated in the 

Agency’s vision waiver program. 

Those requirements are found at 49 

CFR 391.64(b) and include the 

following: (1) That each individual be 

physically examined every year (a) by 

an ophthalmologist or optometrist who 

attests that the vision in the better eye 

continues to meet the standard in 49 

CFR 391.41(b)(10), and (b) by a medical 

examiner who attests that the individual 

is otherwise physically qualified under 

49 CFR 391.41; (2) that each individual 

provide a copy of the ophthalmologist’s 

or optometrist’s report to the medical 

examiner at the time of the annual 

medical examination; and (3) that each 

individual provide a copy of the annual 

medical certification to the employer for 

retention in the driver’s qualification 

file, or keep a copy in his/her driver’s 

qualification file if he/she is selfemployed. The driver must also have a 

copy of the certification when driving, 

for presentation to a duly authorized 

Federal, State, or local enforcement 

official. 

Discussion of Comments 

FMCSA received no comments in this 

proceeding. 

Conclusion 

Based upon its evaluation of the 24 

exemption applications, FMCSA 

exempts, Dennis J. Ameling, Cris D. 

Bush, Cary Carn, Billy C. Chenault, 

Matthew J. Cruver, Harvey H. Curtis, Sr., 

David E. Evans, Wayne W. Ferguson, 

Randy M. Garcia, Miguel Godinez, 

Henry J. Gregoire, Jr., Jason L. Hoovan, 

Tom A. McCarty, Carlos C. MendezCastellon, Glenn A. Miller, Raymond R. 

Miller, Russell L. Moyers, William E. 

Norris, Donald D. Overton, Willie L. 

Parks, Derrick A. Robinson, Clarence 

Robinshaw, Jr., Norman J. Watson and 

Jeffrey T. Zuniga from the vision 

requirement in 49 CFR 391.41(b)(10), 

subject to the requirements cited above 

(49 CFR 391.64(b)). 

In accordance with 49 U.S.C. 31136(e) 

and 31315, each exemption will be valid 

for 2 years unless revoked earlier by 

FMCSA. The exemption will be revoked 

if: (1) The person fails to comply with 

the terms and conditions of the 

exemption; (2) the exemption has 

resulted in a lower level of safety than 

was maintained before it was granted; or 

(3) continuation of the exemption would 

not be consistent with the goals and 

objectives of 49 U.S.C. 31136 and 31315. 

If the exemption is still effective at the 

end of the 2-year period, the person may 

apply to FMCSA for a renewal under 

procedures in effect at that time. 

Issued on February 19, 2010. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. 2010–4255 Filed 3–1–10; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket ID. FMCSA–2009–0011] 

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 19 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 April 1, 2010. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket ID FMCSA– 

2009–0011 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. 

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 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 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 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 19 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 

Dwight A. Bennett 

Mr. Bennett, age 33, has had 

amblyopia in his right eye since birth. 

The best corrected visual acuity in his 

right eye is count-finger vision and in 

his left eye, 20/20. Following an 

examination in 2009, his optometrist 

noted, ‘‘Patient has sufficient vision to 

operate a commercial vehicle according 

to data shown today.’’ Mr. Bennett 

reported that he has driven straight 

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trucks for 12 years, accumulating 

480,000 miles. He holds a Class C 

operator’s license from Maryland. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Arthur W. Boatright, Jr. 

Mr. Boatright, 49, has had aphakia, 

amblyopia and corneal scarring in his 

left eye since childhood. The best 

corrected visual acuity in his right eye 

is 20/15 and in his left eye, count-finger 

vision. Following an examination in 

2009, his optometrist noted, ‘‘In my 

medical opinion and from his driving 

history, I believe his condition is stable 

at this time and he can safely operate a 

commercial vehicle.’’ Mr. Boatright 

reported that he has driven tractortrailer combinations for 17 years, 

accumulating 884,000 miles. He holds a 

Class A operator’s license from North 

Carolina. 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. 

Larry D. Buchanan 

Mr. Buchanan, 56, has a prosthetic 

left eye due to a traumatic injury 

sustained in 1961. The best corrected 

visual acuity in his right eye is 20/20. 

Following an examination in 2009, his 

optometrist noted, ‘‘It is my professional 

opinion that Larry can and does operate 

machinery, as well as a motor vehicle.’’ 

Mr. Buchanan reported that he has 

driven straight trucks for 18 years, 

accumulating 450,000 miles. He holds a 

Class A CDL from New Mexico. 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. 

Chad L. Burnham 

Mr. Burnham, 38, has a prosthetic 

right eye due to a traumatic injury 

sustained at age 12. The best corrected 

visual acuity in his left eye is 20/20. 

Following an examination in 2009, his 

optometrist noted, ‘‘In my medical 

opinion Chad Burnham has sufficient 

vision to operate a commercial vehicle.’’ 

Mr. Burnham reported that he has 

driven straight trucks for 21 years, 

accumulating 630,000 miles and tractortrailer combinations for 8 years, 

accumulating 200,000 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. 

Chadwick S. Chambers 

Mr. Chambers, 34, 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, ‘‘I certify in my 

medical opinion Mr. Chambers has 

sufficient vision to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Chambers reported that he 

has driven straight trucks for 4 years, 

accumulating 20,000 miles and tractortrailer combinations for 4 years, 

accumulating 12,000 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. 

Loren D. Chapman 

Mr. Chapman, 50, has had retinal 

detachment in his left eye since 2005. 

The best corrected visual acuity in his 

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

100. Following an examination in 2009, 

his optometrist noted, ‘‘It continues to 

be my personal opinion that Mr. Loren 

Chapman can perform all the visual 

tasks and demands placed on him to 

safely operate a commercial vehicle.’’ 

Mr. Chapman reported that he has 

driven tractor-trailer combinations for 

23 years, accumulating 1.8 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. 

David A. Christenson 

Mr. Christenson, 71, has a prosthetic 

left eye due to a congenital tumor. The 

best corrected visual acuity in his right 

eye is 20/25. Following an examination 

in 2009, his optometrist noted, ‘‘The 

patient has sufficient vision to perform 

the driving tasks to operate a 

commercial vehicle.’’ Mr. Christenson 

reported that he has driven tractortrailer combinations for 10 years, 

accumulating 1 million miles. He holds 

a Class A CDL from Nevada. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Charles R. Everett 

Mr. Everett, 45, 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 

optometrist noted, ‘‘I am confident his 

vision is sufficient to operate a 

commercial vehicle.’’ Mr. Everett 

reported that he has driven straight 

trucks for 10 years, accumulating 

130,000 miles. He holds a Class D 

operator’s license from Tennessee. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Julian R. Hall 

Mr. Hall, 66, 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 lightperception only and in his left eye, 20/ 

20. Following an examination in 2009, 

his optometrist noted, ‘‘In my opinion, 

due to Mr. Hall’s visual stability, clean 

driving record, and visual fields, he is 

very capable to operate a commercial 

vehicle.’’ Mr. Hall reported that he has 

driven buses for 33 years, accumulating 

990,000 miles. He holds a Class B CDL 

from Texas. His driving record for the 

last 3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Claude R. Havener 

Mr. Havener, 49, 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 

optometrist noted, ‘‘As long as he obeys 

the traffic law and drives carefully, 

there is sufficient vision to perform the 

driving tasks required to operate a 

commercial vehicle.’’ Mr. Havener 

reported that he has driven straight 

trucks for 5 years, accumulating 93,600 

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. 

Paul K. Leger 

Mr. Leger, 46, has had retinal 

detachment in his left eye since 1996. 

The best corrected visual acuity in his 

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

hand-motion vision. Following an 

examination in 2009, his 

ophthalmologist noted, ‘‘Mr. Leger 

qualifies to have sufficient vision to 

perform driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Leger reported that he has driven 

straight trucks for 9 years, accumulating 

360,000 miles. He holds a Class B CDL 

from New Hampshire. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Robert L. Postell 

Mr. Postell, 46, has a prosthetic 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, ‘‘I certify that in my 

medical opinion, Mr. Postell has 

sufficient vision to perform the driving 

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tasks required to operate a commercial 

vehicle.’’ Mr. Postell reported that he 

has driven straight trucks for 22 years, 

accumulating 704,000 miles and tractortrailer combinations for 21 years, 

accumulating 735,000 miles. He holds a 

Class A CDL from Georgia. His driving 

record for the last 3 years shows no 

crashes and one conviction for a moving 

violation in a CMV, failure to stay in the 

proper lane. 

Martin L. Reyes 

Mr. Reyes, 45, has retinal scarring in 

his left eye. 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 

professional opinion he has adapted 

well to his vision deficit and I feel 

professionally that he should be able to 

perform all his duties as an electrician, 

including working at heights and 

driving a commercial vehicle without 

any problems.’’ Mr. Reyes reported that 

he has driven straight trucks for 17 

years, accumulating 297,500 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. 

Gerald L. Rush, Jr. 

Mr. Rush, 50, has a prosthetic left eye 

due to a traumatic injury sustained in 

1989. The best corrected visual acuity in 

his right eye is 20/30. Following an 

examination in 2009, his optometrist 

noted, ‘‘In my medical opinion, the 

patient has sufficient vision to perform 

the driving tasks required to operate a 

commercial vehicle.’’ Mr. Rush reported 

that he has driven straight trucks for 29 

years, accumulating 1.2 million miles. 

He holds a Class B CDL from New 

Jersey. His driving record for the last 3 

years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Wayne J. Savage 

Mr. Savage, 46, 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, 20/200. 

Following an examination in 2009, his 

optometrist noted, ‘‘In my opinion, Mr. 

Savage certainly has sufficient vision to 

perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Savage reported that he has driven 

straight trucks for 20 years, 

accumulating 800,000 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. 

Gary F. Segur 

Mr. Segur, 53, has a prosthetic right 

eye due to a traumatic injury sustained 

in 2004. The best corrected visual acuity 

in his left eye is 20/20. Following an 

examination in 2009, his optometrist 

noted, ‘‘I believe that Mr. Segur has 

suitable vision to drive a commercial 

vehicle.’’ Mr. Segur reported that he has 

driven straight trucks for 37 years, 

accumulating 925,000 miles, tractortrailer combinations for 35 years, 

accumulating 1.7 million miles, and 

buses for 3 years, accumulating 42,000 

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. 

Alan T. Watterson 

Mr. Watterson, 58, has a prosthetic 

right eye due to a traumatic injury 

sustained 30 years ago. The best 

corrected visual acuity in his left eye is 

20/20. Following an examination in 

2009, his ophthalmologist noted, ‘‘In my 

medical opinion, he has sufficient 

vision to perform the driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Watterson reported that he 

has driven straight trucks for 33 years, 

accumulating 990,000 miles and tractortrailer combinations for 33 years, 

accumulating 660,000 miles. He holds a 

Class A CDL from Massachusetts. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

David E. Williford 

Mr. Williford, 61, 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 2009, his 

optometrist noted, ‘‘In my medical 

opinion, Mr. Williford has sufficient 

visual acuity, color vision and 

peripheral vision to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Williford reported that he 

has driven straight trucks for 4 years, 

accumulating 320,000 miles and tractortrailer combinations for 1 year, 

accumulating 80,000 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. 

Larry W. Winkler 

Mr. Winkler, 59, has a prosthetic left 

eye due to a traumatic injury sustained 

in 1997. The best corrected visual acuity 

in his right eye is 20/20. Following an 

examination in 2009, his optometrist 

noted, ‘‘In my medical opinion, Larry 

Winkler is stable with no anticipated 

changes. He has sufficient vision to 

operate a commercial vehicle.’’ Mr. 

Winkler reported that he has driven 

straight trucks for 261⁄2 years, 

accumulating 715,500 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. 

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 April 1, 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: February 22, 2010. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. 2010–4257 Filed 3–1–10; 8:45 am] 

BILLING CODE 4910–EX–P 

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 final disposition. 

SUMMARY: FMCSA announces its 

decision to exempt 33 individuals from 

the vision requirement in the Federal 

Motor Carrier Safety Regulations 

(FMCSRs). The exemptions will enable 

these individuals to operate commercial 

motor vehicles (CMVs) in interstate 

commerce without meeting the 

prescribed vision standard. The Agency 

has concluded that granting these 

exemptions will provide a level of safety 

that is equivalent to, or greater than, the 

level of safety maintained without the 

exemptions for these CMV drivers. 

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