11988 Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Notices 

With the approval of the chairmen, 

members of the public may present oral 

statements at the meeting. Persons 

wishing to present statements or obtain 

information should contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. Members of the public 

may present a written statement to the 

committee at any time. 

Issued in Washington, DC, on March 16, 

2009. 

Francisco Estrada C., 

RTCA Advisory Committee. 

[FR Doc. E9–6176 Filed 3–19–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Final Federal Agency Actions 

on the Route 58—Martin Luther King 

Freeway Extension in Virginia 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of Limitation on Claims 

for Judicial Review of Actions by 

FHWA. 

SUMMARY: This notice announces actions 

taken by the FHWA that are final within 

the meaning of 23 U.S.C. 139(l)(1). The 

actions relate to the Route 58—Martin 

Luther King Freeway Extension in the 

City of Portsmouth, Virginia. Those 

actions grant licenses, permits, and 

approvals for the project. 

DATES: By this notice, the FHWA is 

advising the public of final agency 

actions subject to 23 U.S.C. 139(l)(1). A 

claim seeking judicial review of the 

Federal agency actions on the highway 

project will be barred unless the claim 

is filed on or before September 16, 2009. 

If the Federal law that authorizes 

judicial review of a claim provides a 

time period of less than 180 days for 

filing such claim, then that shorter time 

period still applies. 

FOR FURTHER INFORMATION CONTACT: Mr. 

John Simkins, Senior Environmental 

Specialist, Federal Highway 

Administration, 400 North 8th Street, 

Richmond, Virginia 23219; telephone: 

(804) 775–3342; e-mail: 

John.Simkins@dot.gov. The FHWA 

Virginia Division Office’s normal 

business hours are 7 a.m. to 5 p.m. 

(eastern time). For the Virginia 

Department of Transportation: Mr. 

Nicholas Nies, Virginia Department of 

Transportation, 1401 East Broad Street, 

Richmond, Virginia 23219; telephone: 

(804) 786–1092; e-mail: 

Nicholas.Nies@VDOT.Virginia.gov. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that FHWA has taken final 

agency actions subject to 23 U.S.C. 

139(l)(1) by issuing licenses, permits, 

and approvals for the following highway 

project in the State of Virginia: Route 

58—Martin Luther King Freeway 

Extension. The project would involve 

construction of a four-lane highway 

connecting Interstate 264 with existing 

Martin Luther King Freeway at London 

Boulevard. This direct connection 

would reduce through traffic and related 

congestion on local streets. The actions 

taken by FHWA, and the laws under 

which such actions were taken, are 

described in the Revised Environmental 

Assessment, the Finding of No 

Significant Impact (FONSI) that was 

issued on February 26, 2009, and in 

other documents in the FHWA project 

records. The Revised Environmental 

Assessment, FONSI, and other project 

records are available by contacting 

FWHA or VDOT at the addresses 

provided above. The Revised 

Environmental Assessment and FONSI 

can also be viewed on the Internet at 

http://www.midtowntunnel.org under 

‘‘Document Library,’’ or at VDOT’s 

offices. 

This notice applies to all Federal 

agency decisions as of the issuance date 

of this notice and all laws under which 

such actions were taken, including but 

not limited to: 

1. General: National Environmental 

Policy Act (NEPA) [42 U.S.C. 4321– 

4351]; Federal-Aid Highway Act 

(FAHA) [23 U.S.C. 109 and 23 U.S.C. 

128]. 

2. Air: Clean Air Act [42 U.S.C. 7401– 

7671(q)]. 

3. Land: Section 4(f) of the 

Department of Transportation Act of 

1966 [49 U.S.C. 303]. 

4. Wildlife: Endangered Species Act 

[16 U.S.C. 1531–1544 and Section 

1536]; Marine Mammal Protection Act 

[16 U.S.C. 1361]; Fish and Wildlife 

Coordination Act [16 U.S.C. 661– 

667(d)]; Migratory Bird Treaty Act [16 

U.S.C. 703–712]. 

5. Historic and Cultural Resources: 

Section 106 of the National Historic 

Preservation Act of 1966, as amended 

[16 U.S.C. 470(f) et seq.]; Archeological 

Resources Protection Act of 1977 [16 

U.S.C. 470(aa)—470(ll)]; Archeological 

and Historic Preservation Act [16 U.S.C. 

469–469(c)]; Native American Grave 

Protection and Repatriation Act [25 

U.S.C. 3001–3013]. 

6. Social and Economic: Civil Rights 

Act of 1964 [42 U.S.C. 2000(d)– 

2000(d)(1)]; American Indian Religious 

Freedom Act [42 U.S.C. 1996]; Farmland 

Protection Policy Act [7 U.S.C. 4201– 

4209]. 

7. Executive Orders: E.O. 12898, 

Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low Income 

Populations; E.O. 13007, Indian Sacred 

Sites. 

(Catalog of Federal Domestic Assistance 

Program Number 20.205, Highway Planning 

and Construction. The regulations 

implementing Executive Order 12372 

regarding intergovernmental consultation on 

Federal programs and activities apply to this 

program.) 

Authority: 23 U.S.C 139(l)(1). 

Issued on: March 16, 2009. 

John Simkins, 

Senior Environmental Specialist. 

[FR Doc. E9–6091 Filed 3–19–09; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket ID FMCSA–2009–0054] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of applications for 

exemptions; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from 17 individuals for 

exemption from the vision requirement 

in the Federal Motor Carrier Safety 

Regulations. If granted, the exemptions 

would enable these individuals to 

qualify as drivers of commercial motor 

vehicles (CMVs) in interstate commerce 

without meeting the Federal vision 

standard. 

DATES: Comments must be received on 

or before April 20, 2009. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket ID FMCSA– 

2009–0054 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. 

Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Notices 11989 

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://Docketsinfo.dot.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 17 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 

Dan B. Clark 

Mr. Clark, age 44, has loss of vision 

in his right eye due to a traumatic injury 

sustained in 2004. The best corrected 

visual acuity in his right eye is 20/400 

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

examination in 2008, his 

ophthalmologist noted, ‘‘Given the 

visual function with your left eye, you 

have sufficient vision to perform the 

driving tasks required to operate the 

commercial vehicle.’’ Mr. Clark reported 

that he has driven tractor-trailer 

combinations for 16 years, accumulating 

640,000 miles. He holds a Class A 

commercial driver’s license (CDL) from 

Ohio. His driving record for the last 3 

years shows no crashes and one 

conviction for a moving violation, 

speeding in a CMV. He exceeded the 

speed limit by 9 mph. 

Mark A. Cruz 

Mr. Cruz, 25, has a retinal lesion in 

his right eye due to a traumatic injury 

sustained in 1998. The best corrected 

visual acuity in his right eye is 20/200 

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

examination in 2008, his optometrist 

noted, ‘‘It is my opinion that Mr. Cruz 

does in fact have sufficient visual acuity 

and visual field to operate a commercial 

vehicle.’’ Mr. Cruz reported that he has 

driven straight trucks for 3 years, 

accumulating 36,000 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. 

Terry J. Dare 

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

right eye due to a central scotoma that 

occurred as a result of a traumatic injury 

sustained in 1970. The visual acuity in 

his right eye is count-fingers and in his 

left eye, 20/15. Following an 

examination in 2008, his 

ophthalmologist noted, ‘‘It is my 

opinion that there is no deficiency to 

prohibit him from driving a commercial 

vehicle.’’ Mr. Dare reported that he has 

straight trucks for 25 years, 

accumulating 125,000 miles. He holds 

an operator’s license from Indiana. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Frank A. DeWitt 

Mr. DeWitt, 47, has loss of vision in 

his left eye due to a traumatic injury 

sustained in 1995. The best corrected 

visual acuity in his right eye is 20/20 

and in his left eye, 20/50. Following an 

examination in 2008, his optometrist 

noted, ‘‘In my professional opinion, Mr. 

DeWitt is capable of recognizing the 

colors of the traffic signals, and is 

capable to perform the tasks that are 

required to operate a commercial 

vehicle.’’ Mr. DeWitt reported that he 

has driven straight trucks for 5 years, 

accumulating 150,000 miles, and 

tractor-trailer combinations for 4 years, 

accumulating 4.0 million miles. He 

holds a chauffeur operator’s license 

from Indiana. His driving record for the 

last 3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Kenneth E. Flack, Jr. 

Mr. Flack, 40, has loss of vision in his 

right eye due to retinal scarring from an 

ocular injury sustained in 1992. The 

best corrected visual acuity in his right 

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

Following an examination in 2008, his 

optometrist noted, ‘‘I believe he does 

have the vision needed in order to 

operate a commercial vehicle.’’ Mr. 

Flack reported that he has driven 

straight trucks for 24 years, 

accumulating 240,000 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 a moving violation in a 

CMV. 

Maylin E. Frickey 

Mr. Frickey, 59, has a prosthetic right 

eye due to traumatic injury sustained in 

1963. The best corrected visual acuity in 

his left eye, 20/20. Following an 

examination in 2008, his optometrist 

noted, ‘‘In my medical opinion, Mr. 

Frickey has sufficient vision to properly 

operate a commercial vehicle.’’ Mr. 

Frickey reported that he has driven 

straight trucks for 17 years, 

accumulating 816,000 miles, and 

tractor-trailer combinations for 12 years, 

accumulating 720,000 miles. He holds a 

Class A CDL from Oregon. His driving 

record for the last 3 years shows no 

crashes and one conviction for a moving 

violation, speeding in a CMV. He 

exceeded the speed limit by 15 mph. 

Vincent E. Hardin 

Mr. Hardin, 49, has complete loss of 

vision in his right eye due to a traumatic 

injury sustained in 1998. The best 

corrected visual acuity in his left eye is 

20/20. Following an examination in 

2008, his optometrist noted, ‘‘In my 

medical opinion, Mr. Hardin has 

sufficient vision to perform driving 

tasks required to operate many 

commercial vehicles.’’ Mr. Hardin 

reported that he has driven straight 

trucks for 10 years, accumulating 98,000 

miles. He holds a Class D operator’s 

11990 Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Notices 

license from Alabama. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Larry M. Hawkins 

Mr. Hawkins, 56, has loss of vision in 

his right eye due to a corneal scar from 

a chemical burn sustained in 1991. The 

best corrected visual acuity in his right 

eye is light perception and in his left 

eye, 20/15. Following an examination in 

2008, his optometrist noted, ‘‘In my 

opinion, Larry Hawkins has sufficient 

vision to drive commercial vehicles 

safely with his present vision.’’ Mr. 

Hawkins reported that he has driven 

straight trucks for 35 years, 

accumulating 700,000 miles, and 

tractor-trailer combinations for 18 years, 

accumulating 900,000 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. 

Ronald R. Hunt 

Mr. Hunt, 66, has had amblyopia in 

his left eye since early childhood. 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, ‘‘It is my opinion that 

Mr. Hunt has sufficient vision to 

perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Hunt reported that he has driven 

straight trucks for 10 years, 

accumulating 183,000 miles, and 

tractor-trailer combinations for 30 years, 

accumulating approximately 2.8 million 

miles. He holds a Class A CDL from 

Utah. His driving record for the last 3 

years shows no crashes and one 

conviction for a moving violation, 

speeding in a CMV. He exceeded the 

speed limit by 11 mph. 

Michael E. Lafferty 

Mr. Lafferty, 52, has loss of vision in 

his right eye due to a traumatic injury 

sustained in 1983. The best corrected 

visual acuity in his right eye is light 

perception and in his left eye, 20/20. 

Following an examination in 2008, his 

optometrist noted, ‘‘In my medical 

opinion, Mr. Lafferty has the visual 

capability to operate a commercial 

vehicle.’’ Mr. Lafferty reported that he 

has driven straight trucks for 34 years, 

accumulating 340,000 miles, and 

tractor-trailer combinations for 34 years, 

accumulating 680,000 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. 

Michael A. Mitchell 

Mr. Mitchell, 41, has a prosthetic right 

eye due to a traumatic injury sustained 

at age 5. The best corrected visual acuity 

in his left eye is 20/20. Following an 

examination in 2008, his 

ophthalmologist noted, ‘‘In my medical 

opinion, Mr. Michael Mitchell has the 

vision required to operate a commercial 

vehicle.’’ Mr. Mitchell reported that he 

has driven straight trucks for 20 years, 

accumulating 1.0 million miles, and 

tractor-trailer combinations for 10 years, 

accumulating 200,000 miles. He holds a 

Class A CDL from Mississippi. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Eric E. Myers 

Mr. Myers, 47, has had amblyopia in 

his right eye since childhood. The best 

corrected visual acuity in his right eye 

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

Following an examination in 2009, his 

ophthalmologist noted, ‘‘I feel he has 

sufficient vision to operate a 

commercial vehicle and obtain a vision 

waiver pursuant to Article VISION 

391.41(b)(10) for an exemption under 

controlling authority at 49 U.S.C. 

31136(e) and 31315.’’ Mr. Myers 

reported that he has driven straight 

trucks for 231⁄2 years, accumulating 1.1 

million miles. He holds a Class C 

operator’s license from Maryland. His 

driving record for the last 3 years shows 

no crashes and one conviction for a 

moving violation, speeding in a CMV. 

He exceeded the speed limit by 10 mph. 

Travis W. Neiwert 

Mr. Neiwert, 42, has complete loss of 

vision in his right eye due to a traumatic 

injury sustained at age 4. The best 

corrected visual acuity in his left eye is 

20/20. Following an examination in 

2008, his optometrist noted, ‘‘I do not 

see any issues that would limit his 

ability to operate a commercial vehicle. 

He has worked with having vision in 

only one eye since his youth and uses 

head movement to increase his field of 

vision.’’ Mr. Neiwert reported that he 

has driven straight trucks for 12 years, 

accumulating 634,400 miles. He holds a 

Class B CDL from Idaho. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Michael G. Trueblood 

Mr. Trueblood, 59, has loss of vision 

in his left eye due to an optic nerve 

anomaly since birth. The best corrected 

visual acuity in his right eye is 20/15 

and in his left eye, 20/400. Following an 

examination in 2008, his optometrist 

noted, ‘‘I certify that in my opinion, 

Michael Trueblood has sufficient vision 

to perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Trueblood reported that he has driven 

straight trucks for 141⁄2 years, 

accumulating 514,750 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. 

Donald A. Uplinger, II 

Mr. Uplinger, 59, 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 2008, his 

optometrist noted, ‘‘He does have 

sufficient vision to operate a 

commercial vehicle.’’ Mr. Uplinger 

reported that he has tractor-trailer 

combinations for 38 years, accumulating 

2.9 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. 

Steven M. Vujicic 

Mr. Vujicic, 28, has had amblyopia in 

his right eye since childhood. The best 

corrected visual acuity in his right eye 

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

Following an examination in 2008, his 

ophthalmologist noted, ‘‘He does have 

sufficient vision to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Vujicic reported that he 

has tractor-trailer combinations for 4 

years, accumulating 165,000 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. 

Joseph Watkins 

Mr. Watkins, 46, has loss of vision in 

his right eye due a traumatic injury 

sustained in 1984. The best corrected 

visual acuity in his right eye is 20/200 

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

examination in 2008, his optometrist 

noted, ‘‘In my opinion, Mr. Watkins has 

sufficient vision to perform driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Watkins reported that he 

has driven straight trucks for 10 years, 

accumulating 500,000 miles, and 

tractor-trailer combinations for 25 years, 

accumulating 3.0 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. 

Request for Comments 

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

and 31315, FMCSA requests public 

Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Notices 11991 

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 20, 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: March 16, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–6059 Filed 3–19–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–1998–4334; FMCSA– 

2000–7918; FMCSA–2002–12844; FMCSA– 

2002–13411; FMCSA–2003–14223; FMCSA– 

2005–20027; FMCSA–2006–26066; FMCSA– 

2006–25246] 

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 April 

21, 2009. Comments must be received 

on or before April 20, 2009. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket ID FMCSA– 

1998–4334; FMCSA–2000–7918; 

FMCSA–2002–12844; FMCSA–2002– 

13411; FMCSA–2003–14223; FMCSA– 

2005–20027; FMCSA–2006–26066; 

FMCSA–2006–25246, 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 or Courier: 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 number 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://DocketInfo.dot.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 renew an exemption from 

the vision requirements in 49 CFR 

391.41(b)(10), which applies to drivers 

of CMVs in interstate commerce, for a 

two-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.’’ The 

procedures for requesting an exemption 

(including renewals) are set out in 49 

CFR part 381. 

Exemption Decision 

This notice addresses 23 individuals 

who have requested a renewal of their 

exemption in accordance with FMCSA 

procedures. FMCSA has evaluated these 

23 applications for renewal on their 

merits and decided to extend each 

exemption for a renewable two-year 

period. They are: 

Lucas R. Aleman 

Rodger B. Anders 

John D. Bolding, Jr. 

Timothy E. Coultas 

Michael P. Curtin 

Jimmy W. Deadwyler 

William E. Dolson 

Richard L. Elyard 

William H. Goss 

James K. Holmes 

Christopher J. Kane 

William R. Mayfield 

William R. New 

Kirby G. Oathout 

John J. Payne 

James R. Petre 

Zeljko Popovac 

Jerald W. Rehnke 

William E. Reveal 

James R. Rieck 

Duane L. Riendeau 

Richie J. Schwendy 

Janusz Tyrpien 

These exemptions are extended 

subject to the following conditions: (1) 

That each individual have a physical 

examination 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 and retain a copy of the certification 

on his/her person while driving for 

presentation to a duly authorized 

Federal, State, or local enforcement 

official. Each exemption will be valid 

for two years unless rescinded earlier by 

FMCSA. The exemption will be 

rescinded 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