Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Notices 15583 

requirements of section 4129 while 

continuing to ensure that operation of 

CMVs by drivers with ITDM will 

achieve the requisite level of safety 

required of all exemptions granted 

under 49 U.S.C. 31136(e). 

Section 4129(d) also directed FMCSA 

to ensure that drivers of CMVs with 

ITDM are not held to a higher standard 

than other drivers, with the exception of 

limited operating, monitoring and 

medical requirements that are deemed 

medically necessary. FMCSA concluded 

that all of the operating, monitoring and 

medical requirements set out in the 

September 3, 2003 Notice, except as 

modified, were in compliance with 

section 4129(d). Therefore, all of the 

requirements set out in the September 3, 

2003 Notice, except as modified by the 

Notice in the Federal Register on 

November 8, 2005 (70 FR 67777), 

remain in effect. 

Issued on: March 31, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–7636 Filed 4–3–09; 8:45 am] 

BILLING CODE 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of denials. 

SUMMARY: FMCSA announces its denial 

of 112 applications from individuals 

who requested an exemption from the 

Federal vision standard applicable to 

interstate truck and bus drivers and the 

reasons for the denials. 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 

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, 

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 from 

the Federal vision standard for a 

renewable two-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 112 

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. 

The following 14 applicants lacked 

sufficient driving experience during the 

3-year period prior to the date of their 

application: 

Richard L. Bilby 

Phillip J. Collova 

Layne Coscorrosa 

Craig D. Delph 

Jerry L. Gray 

Daniel Hill 

Matthew B. Lairamoe 

James F. McMahon, Jr. 

Gary R. Morgan 

Dale E. Schoettmer 

Jack Skaw 

Edward S. Stout 

Kenneth D. Summers 

George R. Van Gelder 

The following 11 applicants did not 

have any experience operating a CMV. 

Joey J. Abney 

Amy J. Armstrong 

Anthony W. Armstrong 

James Bay 

John H. Beenenga 

Leo M. Lampinen 

Rod Mosby 

Andrea R. Piatz 

Litter Rivera 

Sirrane Traylor 

Plato Watkins 

The following 22 applicants did not 

have 3 years of experience driving a 

CMV on public highways with the 

vision deficiency. 

Dylan T. Arndt 

Fred R. Ballard, Jr. 

Dwight A. Bennett 

Walter Crean, III 

James E. Creswell 

Chris Croteau 

Jerold D. Endress 

Alvaro Esparza 

James L. Gordon 

Jerry N. Greear 

Semir Husnic 

Edward Kimpel 

Daryl C. Lenz 

Robert D. Lotz 

Guy E. McCraw 

Eric R. Mills 

Rodney Richardson 

Matthew N.D. Robbins 

Temistocles E. Sanchez 

Thomes L. Steinbach 

Glenn R. Theis 

Gary E. Valentine 

The following 7 applicants did not 

have 3 years of recent experience 

driving a CMV with the vision 

deficiency. 

Leonard C. Jackson 

Larry S. Keith 

Oliver A. Murphy 

Herbert Recore, Jr. 

William Rogers 

Jeffery C. Stokes 

Lyndon W. Williams 

The following 19 applicants did not 

have sufficient driving experience over 

the past 3 years under normal highway 

operating conditions. 

Danny F. Ahlgren 

Ronald Bishop 

James W. Carpenter 

Travis M. Christian 

Sean Conorman 

John Doyle 

Herman Froehle 

Steven H. Harris 

Jason L. Hoovan 

Jeffrey D. Huckle 

Ronald L. Kitchens 

Larry P. Magrath 

Jame R. Salsgiver 

Eric C. Sevier 

Claude L. Snider, Sr. 

Ronald C. Stringfellow 

Douglas E. Weld 

Scott Westphal 

Casey Willis, Jr. 

Two applicants, Martin L. Bailey and 

Darrol W. Rippee, 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, Joseph Ivey, did not 

have sufficient peripheral vision in his 

better eye to qualify for an exemption. 

The following 7 applicants had 

commercial driver’s license suspensions 

during the 3-year review period in 


pwalker on PROD1PC71 with NOTICES
15584 Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Notices 

relation to a moving violation. 

Applicants do not qualify for an 

exemption with a suspension during the 

3-year period. 

Gary Alvarez 

Giovanni Cerino 

Robert O. Dolphin 

Todd Gilliam 

Paul H. Glowinski 

Ranjodh Singh 

Stephen Whitt 

One applicant, Robert D. Crumb, had 

2 serious commercial motor vehicle 

violations within a 3-year period. Each 

applicant is only allowed a total of 2 

moving violations, 1, which can be 

serious. 

One applicant, Charles H. Allen, did 

not have verifiable proof of commercial 

driving experience over the past 3 years 

under normal highway operating 

conditions that would serve as an 

adequate predictor of future safe 

performance. 

One applicant, Justin M. Pool, did not 

hold a license which allowed operation 

of vehicles over 10,000 pounds for all or 

part of the 3-year period. 

The following 9 applicants were 

denied for miscellaneous/multiple 

reasons. 

John P. Atkinson 

Randy S. Benitez 

Kevin Byrd 

Gary M. Eggers 

Bradley C. Hansell 

Randall E. Harnack 

Owen E. Jackson 

Valentino Parker 

Dustin A. Wilson 

The following 4 applicants never 

submitted the required documents. 

James R. Blair 

Charles V. Fitzgerald 

Herman Gray 

Norman Patterson 

Finally, the following 13 applicants 

met the current federal vision standards. 

Exemptions are not required for 

applicants that meet the current 

regulations for vision. 

Jose F. Armenta 

Carlos R. Cordova 

Frederick L. Feyen 

Kenneth A. Keen 

Diana L. Martin 

Freddie B. Mills 

James W. Mize, Sr. 

James A. Shearin 

Oliver Smith 

Kenneth L. Sutphin 

Kenneth C. Thornton 

Edward Werling 

Leroy C. Williams 

Issued on: March 27, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–7560 Filed 4–3–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket ID. FMCSA–2008–0398] 

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. 

DATES: The exemptions are effective 

April 6, 2009. The exemptions expire on 

April 6, 2011. 

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: 

Electronic Access 

You may see all the comments online 

through the Federal Document 

Management System (FDMS) at http:// 

www.regulations.gov. 

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. 

Background 

On February 12, 2009, FMCSA 

published a notice of receipt of 

exemption applications from certain 

individuals, and requested comments 

from the public (74 FR 7098). That 

notice listed 33 applicants’ case 

histories. The 33 individuals applied for 

exemptions from the vision requirement 

in 49 CFR 391.41(b)(10), for drivers who 

operate CMVs in interstate commerce. 

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.’’ The statute also 

allows the Agency to renew exemptions 

at the end of the 2-year period. 

Accordingly, FMCSA has evaluated the 

33 applications on their merits and 

made a determination to grant 

exemptions to all of them. 

Vision and Driving Experience of the 

Applicants 

The vision requirement in the 

FMCSRs provides: 

A person is physically qualified to 

drive a commercial motor vehicle if that 

person has distant visual acuity of at 

least 20/40 (Snellen) in each eye 

without corrective lenses or visual 

acuity separately corrected to 20/40 

(Snellen) or better with corrective 

lenses, distant binocular acuity of a least 

20/40 (Snellen) in both eyes with or 

without corrective lenses, field of vision 

of at least 70° in the horizontal meridian 

in each eye, and the ability to recognize 

the colors of traffic signals and devices 

showing standard red, green, and amber 

(49 CFR 391.41(b)(10)). 

FMCSA recognizes that some drivers 

do not meet the vision standard, but 

have adapted their driving to 

accommodate their vision limitation 

and demonstrated their ability to drive 

safely. 

The 33 exemption applicants listed in 

this notice are in this category. They are 


pwalker on PROD1PC71 with NOTICES