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
Federal Register / Vol. 74, No. 164 / Wednesday, August 26, 2009 / Notices 43221 

The following 24 applicants lacked 

sufficient driving experience during the 

3-year period prior to the date of their 

application: Brian J. Carew, Michael R. 

Castle, Brandon W. Cazier, Gary C. 

Christensen, Stephen G. Corbett, Boyd 

A. Dorris, Rex C. Ewen, Frank L. 

Fernald, Gary J. Flynn, James F. Gaab, 

Timothy L. Goodman, Charles T. 

Hankel, Jr., Gerald P. Hansen, Kory L. 

Johansen, Franklin P. Kingston, Linda L. 

Koenig-Warren, William L. Leichner, 

Gregory A. Leisgang, Wayne Martens, 

Thomas J. Martin, David McClaflin, 

Tommie A. Monroe, Wayne Ruhmann, 

Jay W. Slepner. 

The following 3 applicants had 

unacceptable driving performance 

during the 3-year review period: Drew 

R. Begin, Ken Greer, Charles E. 

Williams. 

Section 4129 of the Safe, Accountable, 

Flexible, Efficient Transportation Equity 

Act—A legacy for Users (SAFETEA– 

LU), which was signed into law on 

August 16, 2005, established several 

programmatic changes which included 

the elimination of the requirement for 

three years of experience operating 

CMVs. To address this, FMCSA 

immediately discontinued the use of the 

3-year criterion for diabetic drivers and 

notified all applicants who had been 

denied because they did not meet this 

criterion and encouraged them to 

reapply. 

The following 7 applicants had 

unacceptable diabetic conditions: 

Joseph G. Corsaro, Jeffrey S. Hanson, 

James L. Mays, Dean A. Sewell, Ruth P. 

Stanley, Joseph Thomas, Jr., Leonard D. 

Walters. 

The following 17 applicants 

submitted false information and/or did 

not have an endocrinologist willing to 

state that they could operate a CMV 

from a diabetes standpoint: Tavis Boyd, 

George D. Buber, Richard E. Crum, 

Rhonda T. Dominick, Russell Forsman, 

Alfred Gjaltema, Nolan O. Good, Denis 

A. Hall, Randy A. Hicks, David G. 

Kagdis, Daniel E. Lindberg, George H. 

Morton, Jr., Ricky D. Pryor, Thomas E. 

Richards, William C. Sexton, Jr., George 

S. Thompson, Jr., James E. Yocum. 

The following 36 applicants currently 

meet the diabetes requirements of 49 

CFR 391.41(b)(3) as they were not taking 

insulin: Charles G. Barnes, Randy L. 

Bear, Charles A. Best, Jonathan M. Bona, 

Daniel G. Brinkman, Joseph K. 

Campbell, Philip Capozzo, Dennis J. 

Dallmann, Richard W. DeSollar, 

Anthony W. Dick, Andrew Floyd, Leroy 

Foster, Richard F. Griffith, Gervis E. 

Hentz, Kia C. Jackson, Eugene F. 

Jackson, Shirley A. Kemp, Larry D. 

Kuhuski, Franklin P. Laner, Sr., Alex 

Madrid, Clifford A. McPherson, Murl L. 

Moore, John C. Nickles, Donald A. 

Peterman, Baylis C. Pope, Roger N. 

Raley, Timothy J. Rockwell, Jerry L. 

Ruffin, Layman J. Sherman, Victor A. 

Sutter, Mark A. Tidwell, Ophelia 

Toledo, James R. Tschida, Edward A. 

Vasey, George P. Ward, Jr. 

The following 19 applicants have 

either had more than one severe 

hypoglycemic episode which resulted in 

loss of consciousness, required 

hospitalization or the assistance of 

others, involved a period of impaired 

cognitive function that occurred without 

warning or have had one such episode 

but have not had 1 year of stability 

following the episode: Jerry L. Allen, 

Warren W. Braunschweig, Bobby A. 

Cole, Nancy Courtney, Timothy J. 

Crawshaw, Eddie D. Daugherty, 

Matthew J. Dombrowski, Richard 

Donald, Andrew J. Dreyer, Tony L. 

Gazaway, Glenn A. Kotzer, Stephen P. 

Larson, Lawrence E. Olson, Joseph W. 

Paolasini, Richard O. Price, Melvin J. 

Slone, Gary L. Sorensen, Graydon R. 

Stone, Stanley C. Tarvidas. 

The following 55 applicants have 

other medical conditions making them 

otherwise unqualified under the Federal 

Motor Carrier Safety Regulations. All 

applicants must meet all other physical 

qualifications standards in 49 CFR 

391.41(b)(1–13) or hold a valid 

exemption: David A. Arnett, Kristina M. 

Baker, Robert U. Ballard, William J. 

Bernhard, Herber A. Bertsche, Preston S. 

Brown, Daniel E. Bruggeman, Richard G. 

Callihan, Ronald Carter, Michael G. 

Deschenes, Gary L. Doman, Dennis C. 

Doyle, Henry L. Estrada, Sr., Harry W. 

Fersch, III, George F. Fry, Donald M. 

Gerber, Orlando Gonzalez, Robert F. 

Hansen, Leonard C. Jackson, Quency T. 

Johnson, Samuel E. Johnson, Jr., Ronald 

C. Jones, Stephen G. Kelly, Henrietta M. 

Ketcham, Leonard J. LaChance, Todd P. 

Larrow, Daryl C. Lenz, Gary F. Lucey, 

John E. Mawn, Harold G. McCusker, 

Willie McDaniel, Anthony R. Messina, 

Donald L. Miller, Richard E. Moore, 

Roland J. Mroz, Robert L. Mullinax, Karl 

F. Murhammer, Jr., Harry E. North, 

Michael W. Pelley, Richard E. Peterson, 

James C. Plumley, Albert L. Robinson, 

Gary M. Rooney, Temistocles E. 

Sanchez, Winston C. Saxon, Steven A. 

Shinall, Barry A. Shockey, Steven 

Simione, Rodney L. Stoltenberg, Rocky 

W. Tyler, Theodore L. Welson, Milton J. 

Williams, Leroy C. Williams, Anthony 

F. Wooten, Martin Wright, Jr. 

The following 3 applicants were 

denied for miscellaneous/multiple 

reasons: Brian F. Beebe, Kevin A. 

Mitchell, Steve Morris. 

The following 5 applicants were 

unable to or not willing to demonstrate 

proper management and monitoring of 

his/her diabetes whether by personal 

decision or medical inability: Ray G. 

Barker, Ronald J. Herd, Douglas A. 

Galanius, Francis T. Flood, Dana R. 

Ward. 

One applicant, Fred A. Taylor, did not 

submit the required documents. 

The following 2 applicants were 

Canadian applicants: Norman S. Peltzer, 

Kevin R. Durham. 

Finally, the following 17 applicants 

did not meet the minimum age 

requirement of at least 21 years old: 

Matthew S. Buckner, Dustin G. Cook, 

Jordan S. Denley, John K. Funkhouser, 

Michael J. Guido, Cody H. Heckemeyer, 

Cameron D. Hubbard, Troy M. Keller, 

Timothy L. Koehn, Justin T. Mattice, 

Justine Oyler, Thomas J. Paulus, Russell 

L. Peters, James W. Smith, Suzanne J. 

Sublaban, Cory A. Thomas, Justin K. 

Zimmerschied. 

Issued on: August 20, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–20624 Filed 8–25–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–1998–4334; FMCSA– 

1999–5578; FMCSA–2000–7363; FMCSA– 

2001–9561; FMCSA–2001–9258; FMCSA– 

2003–14504; FMCSA–2003–15268; FMCSA– 

2005–20027; FMCSA–2005–21254; FMCSA– 

2007–27897] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of renewal of 

exemptions; request for comments. 

SUMMARY: FMCSA announces its 

decision to renew the exemptions from 

the vision requirement in the Federal 

Motor Carrier Safety Regulations for 23 

individuals. FMCSA has statutory 

authority to exempt individuals from 

the vision requirement if the 

exemptions granted will not 

compromise safety. The Agency has 

concluded that granting these 

exemption renewals will provide a level 

of safety that is equivalent to, or greater 

than, the level of safety maintained 

without the exemptions for these 

commercial motor vehicle (CMV) 

drivers. 

DATES: This decision is effective 

September 23, 2009. Comments must be 

received on or before September 25, 

2009. 


jlentini on DSKJ8SOYB1PROD with NOTICES