Federal Register / Vol. 74, No. 164 / Wednesday, August 26, 2009 / Notices 43217 

Richard P. Frederiksen, Johnny Gibson, 

John Knapp, Matthew P. Littleton, 

Robert R. Martin, John J. Mattefs, Randy 

A. Miller, Scott R. Miner, Francisco 

Montero, Francis E. Paquin, Armando 

Pedroso, Matias P. Quintanilla, Jim 

Sampson, John P. Stoetzel, Donald 

Stone, Terry G. Theberge, Albert Villa, 

Jr., Jack L. Woolever. 

One applicant, Gregory C. Simmons, 

had more than 2 commercial motor 

vehicle violations during the 3-year 

review period and/or application 

process. Each applicant is only allowed 

2 moving citations. 

One applicant, Thomas E. Sprague, 

Jr., did not have sufficient peripheral 

vision in his better eye to qualify for an 

exemption. 

One applicant, Robert C. Hill, had 

other medical conditions making him 

unqualified under Federal Motor Carrier 

Safety Regulations. All applicants must 

meet all other physical qualifications 

standards in 49 CFR 391.41(b)(1–13). 

The following 2 applicants had 

commercial driver’s license suspensions 

during the 3-year review period in 

relation to a moving violation. 

Applicants do not qualify for an 

exemption with a suspension during the 

3-year period: Steven F. Albro, Carlos 

Diaz. 

One applicant, David L. Napier, did 

not hold a license which allowed 

operation of vehicles over 10,000 

pounds for all or part of the 3-year 

period. 

One applicant, Elizel Martinez, did 

not have an Optometrist/ 

Ophthalmologist willing to state that he 

is able to operate a commercial vehicle 

from a vision standpoint. 

The following 9 applicants were 

denied for miscellaneous/multiple 

reasons: Walter Clark, James E. Cotton, 

Joseph E. Lochotzki, David C. Moran, 

Vincent R. Neville, Steven R. Parker, 

Enrique Perez, Justinie R. Phillips, Lee 

G. Smith. 

The following 2 applicants never 

submitted the required documents: 

Bernard Sippin, Michael E. Williams. 

Finally, the following 19 applicants 

met the current federal vision standards. 

Exemptions are not required for 

applicants that meet the current 

regulations for vision: Dennis Burdett, 

Brian J. Douglas, Clarence Elsea, 

Servando T. Escudero, Wayne Figroid, 

Shawn T. Girgen, Sandra L. Gravett, 

Daniel R. Hicks, Richard Hull, Eric L. 

Kinner, Luther B. Livingston, Thomas 

W. May, Spencer Melton, David M. 

Nelson, Tommy J. Shelton, Kent D. 

Tufvander, W. Hall Van Horn, Etienne 

D. Vincent, Ricky Wilkinson. 

Issued on: August 20, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–20623 Filed 8–25–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket ID FMCSA–2009–0206] 

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 27 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 September 25, 2009. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket ID FMCSA– 

2009–0206 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 27 individuals listed in this 

notice each have 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 

the exemption will achieve the required 

level of safety mandated by statute. 

Qualifications of Applicants 

Martin Anaya 

Mr. Anaya, age 39, 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 professional 

opinion, from a vision stand point, Mr. 

Anaya can safely drive a commercial 

vehicle.’’ Mr. Anaya reported that he 

has driven straight trucks for 11 years, 


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43218 Federal Register / Vol. 74, No. 164 / Wednesday, August 26, 2009 / Notices 

accumulating 220,000 miles, and 

tractor-trailer combinations for 11 years, 

accumulating 110,000 miles. He holds a 

Class A Commercial Driver’s License 

(CDL) from New Mexico. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Gregory G. Barthell 

Mr. Barthell, 48, has had amblyopia in 

his right eye since childhood. The 

visual acuity in his right eye is 20/50 

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 tasks required to operate a 

commercial vehicle. His vision 

deficiency is unlikely to change over 

time.’’ Mr. Barthell reported that he has 

driven straight trucks for 3 years, 

accumulating 7,800 miles, and buses for 

2 years, accumulating 52,000 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. 

Donald R. Beauchesne 

Mr. Beauchesne, 56, has had 

amblyopia in his left eye since 

childhood. The best corrected visual 

acuity in his right eye is 20/25 and in 

his left eye, 20/100. Following an 

examination in 2009, his optometrist 

noted, ‘‘I believe that Mr. Beauchesne 

has sufficient vision to perform the 

driving tasks required to operate a 

commercial vehicle.’’ Mr. Beauchesne 

reported that he has driven straight 

trucks for 11 years, accumulating 

275,000 miles, and buses for 20 years, 

accumulating 1 million miles. He holds 

a Class B CDL from Maine. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

John E. Bell 

Mr. Bell, 47, has had amblyopia in his 

left eye since childhood. The visual 

acuity in his right eye is 20/20 and in 

his left eye, hand motion vision. 

Following an examination in 2009, his 

optometrist noted, ‘‘John has sufficient 

vision to perform the driving tasks 

required to operate a commercial 

vehicle on public roads in every state in 

the United States.’’ Mr. Bell reported 

that he has driven straight trucks for 5 

years, accumulating 500,000 miles, and 

tractor-trailer combinations for 10 years, 

accumulating 1 million 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. 

Richard J. Decker 

Mr. Decker, 54, has had amblyopia in 

his right eye since childhood. 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 

optometrist noted, ‘‘Given Mr. Decker’s 

current visual status, he has the proper 

visual skills to operate a commercial 

vehicle.’’ Mr. Decker reported that he 

has driven straight trucks for 25 years, 

accumulating 250,000 miles, and 

tractor-trailer combinations for 25 years, 

accumulating 2.5 million miles. He 

holds a Class A CDL from Connecticut. 

His driving record for the last 3 years 

shows no crashes and no convictions for 

moving violations in a CMV. 

James E. Fix 

Mr. Fix, 46, had an enucleation of his 

left eye due to a traumatic injury 

sustained in 2000. The best corrected 

visual acuity in his right eye is 20/20. 

Following an examination in 2009, his 

optometrist noted, ‘‘I believe Mr. Fix has 

sufficient vision to perform the driving 

tasks to operate a commercial vehicle.’’ 

Mr. Fix reported that he has driven 

straight trucks for 4 years, accumulating 

120,000 miles, and tractor-trailer 

combinations for 8 years, accumulating 

640,000 miles. He holds a Class D 

operator’s license from South Carolina. 

His driving record for the last 3 years 

shows no crashes and no convictions for 

moving violations in a CMV. 

Dean A. Gary 

Mr. Gary, 44, has loss of vision in his 

left eye due to a retinal detachment that 

occurred 15 years ago. The best 

corrected visual acuity in his right eye 

is 20/15 and in his left eye, hand motion 

vision. Following an examination in 

2009, his optometrist noted, ‘‘In my 

opinion, this patient’s vision is adequate 

for commercial driving.’’ Mr. Gary 

reported that he has driven straight 

trucks for 25 years, accumulating 1.7 

million miles, and tractor-trailer 

combinations for 25 years, accumulating 

125,000 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. 

James P. Greene 

Mr. Greene, 44, has loss of vision in 

his left eye due to congenital 

toxoplasmosis. 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, ‘‘In my opinion, his vision is 

adequate to drive a commercial 

vehicle.’’ Mr. Greene reported that he 

has driven straight trucks for 5 years, 

accumulating 59,520 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. 

Larry L. Harris 

Mr. Harris, 56, has loss of vision in 

his left eye due to a congenital retinal 

lesion. The best corrected visual acuity 

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

eye, count-finger vision. Following an 

examination in 2009, his optometrist 

noted, ‘‘In my medical opinion, Mr. 

Harris has sufficient vision to perform 

the driving tasks required to operate a 

commercial vehicle.’’ Mr. Harris 

reported that he has driven straight 

trucks for 7 years, accumulating 7,000 

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. 

Roger D. Kloss 

Mr. Kloss, 46, has complete loss of 

vision in his left eye due to a congenital 

defect. The visual acuity in his right eye 

is 20/20. Following an examination in 

2009, his optometrist noted, ‘‘I feel that 

Mr. Kloss is well adapted to his 

situation and has sufficient vision to 

perform the tasks necessary to operate a 

commercial vehicle.’’ Mr. Kloss reported 

that he has driven tractor-trailer 

combinations for 23 years, accumulating 

1.8 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. 

Steven R. Lechtenberg 

Mr. Lechtenberg, 42, has bullous 

keratopathy in his right eye due to a 

traumatic injury sustained as a child. 

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, ‘‘It is my medical opinion that 

Mr. Lechtenberg has sufficient vision to 

perform the driving tasks required to 

operate a commercial motor vehicle.’’ 

Mr. Lechtenberg reported that he has 

driven straight trucks for 5 years, 

accumulating 200,000 miles. He holds a 

Class O operator’s license from 

Nebraska, which allows him to drive 

any non-commercial vehicle except 

motorcycles. His driving record for the 

last 3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Oscar N. Lefferts 

Mr. Lefferts, 50, has had amblyopia in 

his left eye since childhood. The best 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 164 / Wednesday, August 26, 2009 / Notices 43219 

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 feel that Mr. 

Lefferts vision is more than sufficient 

and he should have no restrictions on 

his commercial driver’s license and the 

ability to operate a commercial vehicle 

is not compromised.’’ Mr. Lefferts 

reported that he has driven buses for 9 

years, accumulating 1.1 million 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. 

David C. Lyles 

Mr. Lyles, 54, has had age-related 

macular degeneration since 2004. The 

best corrected visual acuity in his right 

eye is 20/80 and in his left eye, 20/20. 

Following an examination in 2009, his 

optometrist noted, ‘‘It is my opinion that 

Mr. Lyles has sufficient visual ability to 

perform the tasks necessary to operate a 

commercial vehicle.’’ Mr. Lyles reported 

that he has driven tractor-trailer 

combinations for 31⁄2 years, 

accumulating 350,000 miles. He holds a 

Class A CDL from Georgia. His driving 

record for the last 3 years shows no 

crashes and one conviction for speeding 

in a CMV. He exceeded the speed limit 

by 12 mph. 

Jesse R. McClary, Sr. 

Mr. McClary, 48, has a prosthetic left 

eye due to a traumatic injury sustained 

as a child. The best corrected visual 

acuity in his right eye is 20/20. 

Following an examination in 2009, his 

optometrist noted, ‘‘I see no reason why 

Mr. McClary cannot safely operate a 

commercial vehicle and it is my 

understanding that he has been doing it 

for many years.’’ Mr. McClary reported 

that he has driven straight trucks for 30 

years, accumulating 6 million miles, 

tractor-trailer combinations for 4 years, 

accumulating 220,000 miles, and buses 

for 25 years, accumulating 500,000 

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. 

Ignar L. Meyer 

Mr. Meyer, 54, 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, ‘‘He has no visual 

condition that would impair his driving 

skill, there should be no restrictions 

other than glasses required on his 

driver’s license, commercial or 

otherwise.’’ Mr. Meyer reported that he 

has driven straight trucks for 31⁄2 years, 

accumulating 56,000 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. 

James C. Miller 

Mr. Miller, 66, has retinal vein 

occlusion in his left eye since 2006. 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, ‘‘In my medical 

opinion, Mr. Miller has sufficient vision 

to perform the tasks required to operate 

a commercial vehicle.’’ Mr. Miller 

reported that he has driven tractortrailer combinations for 29 years, 

accumulating 324,000 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. 

Norman V. Myers 

Mr. Myers, 53, has complete loss of 

vision in his right eye due to a cataract 

and retinal detachment as a child. The 

best corrected visual acuity in his left 

eye is 20/15. Following an examination 

in 2009, his ophthalmologist noted, ‘‘In 

my professional opinion, Norman Myers 

has sufficient vision to perform the 

driving tasks required to operate a 

commercial vehicle.’’ Mr. Myers 

reported that he has driven straight 

trucks for 31⁄2 years, accumulating 

157,500 miles. He holds an operator’s 

license from Washington. 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. 

Steven D. O’Donnell 

Mr. O’Donnell, 35, has a prosthetic 

right eye due to a traumatic injury 

sustained as a child. The visual acuity 

in his left eye is 20/20. Following an 

examination in 2009, his optometrist 

noted, ‘‘These tests during our 

examination show that Mr. O’Donnell 

has sufficient vision to perform the 

driving tasks required to operate a 

commercial vehicle.’’ Mr. O’Donnell 

reported that he has driven straight 

trucks for 10 years, accumulating 

500,000 miles, and tractor-trailer 

combinations for 8 years, accumulating 

640,000 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. 

Ben R. Sauder 

Mr. Sauder, 48, has loss of vision in 

his left eye due to a macular scar. 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, ‘‘In my opinion, Mr. 

Sauder’s vision is sufficient to perform 

the driving tasks required to operate a 

commercial vehicle’’. Mr. Sauder 

reported that he has driven straight 

trucks for 32 years, accumulating 1.4 

million miles, tractor trailers for 4 years, 

accumulating 16,800 miles, and buses 

for 16 years, accumulating 32,000 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. 

Mark L. Simmons 

Mr. Simmons, 45, has had amblyopia 

in his left eye since childhood. The 

visual acuity in his right eye is 20/20 

and in his left eye, 20/70. Following an 

examination in 2009, his optometrist 

noted, ‘‘I believe that Mr. Simmons has 

sufficient vision to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Simmons reported that he 

has driven straight trucks for 22 years, 

accumulating 66,000 miles, and tractortrailer combinations for 11 years, 

accumulating 38,500 miles. He holds a 

Class A CDL from Iowa. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Don W. Smith 

Mr. Smith, 59, has had a traumatic 

cataract in his right eye caused by an 

injury sustained in 1954. The best 

corrected visual acuity in his right eye 

is light perception and in his left eye, 

20/20. Following an examination in 

2009, his optometrist noted, ‘‘In my 

medical opinion, Mr. Don Smith has 

sufficient vision to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Smith reported that he has 

driven straight trucks for 18 years, 

accumulating 324,000 miles. He holds a 

Class B CDL from Illinois. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Robert E. Smith 

Mr. Smith, 46, has had amblyopia in 

his right eye since birth. The best 

corrected visual acuity in his right eye 

is 20/50 and in his left eye, 20/20. 

Following an examination in 2009, his 

optometrist noted, ‘‘Mr. Smith has 

sufficient vision to perform the driving 

tasks to operate a commercial vehicle.’’ 

Mr. Smith reported that he has driven 


jlentini on DSKJ8SOYB1PROD with NOTICES
43220 Federal Register / Vol. 74, No. 164 / Wednesday, August 26, 2009 / Notices 

straight trucks for 23 years, 

accumulating 345,000 miles. He holds a 

Class B CDL from Connecticut. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Robert E. Soto 

Mr. Soto, 45, has had myopic 

degeneration in his left eye since 

childhood. The best corrected visual 

acuity in his right eye is 20/20 and in 

his left eye, count-finger vision. 

Following an examination in 2009, his 

ophthalmologist noted, ‘‘Vision 

sufficient for commercial driving.’’ Mr. 

Soto reported that he has driven tractortrailer combinations for 9 years, 

accumulating 1.1 million 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. 

Jerry W. Stanfill 

Mr. Stanfill, 67, has complete loss of 

vision in his left eye due to optic nerve 

damage sustained in 1990. The best 

corrected visual acuity in his right eye 

is 20/20. Following an examination in 

2009, his optometrist noted, ‘‘In my 

opinion, Jerry has sufficient vision to 

perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Stanfill reported that he has driven 

straight trucks for 25 years, 

accumulating 2.2 million miles, and 

tractor-trailer combinations for 17 years, 

accumulating 1.6 million miles. He 

holds a Class A CDL from Arkansas. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Charles M. Thomas 

Mr. Thomas, 61, has had diabetic 

retinopathy in both eyes since 1996. The 

best corrected visual acuity in his right 

eye is 20/25 and in his left eye, 20/80. 

Following an examination in 2009, his 

ophthalmologist noted, ‘‘As an 

Ophthalmologist, I certify that Mr. 

Thomas has sufficient vision and field 

of vision, to more than adequately 

perform the driving tasks that are 

required to operate a commercial 

vehicle.’’ Mr. Thomas reported that he 

has driven tractor-trailer combinations 

for 32 years, accumulating 3.2 million 

miles. He holds a Class A CDL from 

Maryland. His driving record for the last 

3 years shows no crashes and one 

conviction for a moving violation in a 

CMV, failure to obey a traffic sign. 

Roger L. Unser 

Mr. Unser, 60, has a prosthetic left eye 

due to a traumatic injury sustained in 

1957. The best corrected visual acuity in 

his right eye is 20/20. Following an 

examination in 2009, his 

ophthalmologist noted, ‘‘In my medical 

opinion, Mr. Unser’s vision is 

acceptable to drive a commercial 

vehicle.’’ Mr. Unser reported that he has 

driven straight trucks for 8 years, 

accumulating 320,000 miles, tractortrailer combinations for 8 years, 

accumulating 440,000 miles, and buses 

for 6 years, accumulating 105,000. 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. 

Virgil E. Walker 

Mr. Walker, 61, 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, ‘‘The patient has 

sufficient vision to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Walker reported that he 

has driven straight trucks for 36 years, 

accumulating 342,000 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. 

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 September 25, 2009. 

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 20, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–20622 Filed 8–25–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

Qualification of Drivers; Exemption 

Applications; Diabetes 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of denials. 

SUMMARY: FMCSA announces its denial 

of 189 applications from individuals 

who requested an exemption from the 

Federal diabetes standard applicable to 

interstate truck and bus drivers and the 

reasons for the denials. FMCSA has 

statutory authority to exempt 

individuals from the diabetes 

requirement if the exemptions granted 

will not compromise safety. The Agency 

has concluded that granting these 

exemptions does not provide a level of 

safety that will be equivalent to, or 

greater than, the level of safety 

maintained without the exemptions for 

these commercial motor vehicle (CMV) 

drivers. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Mary D. Gunnels, Director Medical 

Programs, 202–366–4001, U.S. 

Department of Transportation, FMCSA, 

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 diabetes standard for a 

renewable 2-year period if it finds ‘‘such 

an exemption would likely achieve a 

level of safety that is equivalent to, or 

greater than, the level that would be 

achieved absent such an exemption.’’ 

The procedures for requesting an 

exemption are set out in 49 CFR part 

381. 

Accordingly, FMCSA evaluated 189 

individual exemption requests on their 

merits and made a determination that 

these applicants do not satisfy the 

criteria eligibility or meet the terms and 

conditions of the Federal exemption 

program. Each applicant has, prior to 

this notice, received a letter of final 

disposition on his/her exemption 

request. Those decision letters fully 

outlined the basis for the denial and 

constitute final Agency action. The list 

published today summarizes the 

Agency’s recent denials as required 

under 49 U.S.C. 31315(b)(4) by 

periodically publishing names and 

reasons for denials. 


jlentini on DSKJ8SOYB1PROD with NOTICES