Federal Register / Vol. 74, No. 80 / Tuesday, April 28, 2009 / Notices 19271 

Everett A. Doty Wallace F. Mahan, Sr. Jose C. Sanchez-Sanchez 

John K. Fank Anthony R. Miles David M. Stout 

Bobby G. Fletcher Kenneth L. Nau Kenneth E. Suter, Jr. 

Heather M.B. Gordon David W. Peterson Thaddeus E. Temoney 

Randolph D. Hall Randel G. Pierce Daniel R. Viscaya 

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for two years unless rescinded earlier by 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rescinded if: (1) The person fails to 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 

objectives of 49 U.S.C. 31136(e) and 

31315. 

Basis for Renewing Exemptions 

Under 49 U.S.C. 31315(b)(1), an 

exemption may be granted for no longer 

than two years from its approval date 

and may be renewed upon application 

for additional two year periods. In 

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

31315, each of the 24 applicants has 

satisfied the entry conditions for 

obtaining an exemption from the vision 

requirements (65 FR 33404; 65 FR 

57234; 68 FR 13360; 70 FR 12265; 72 FR 

27624; 65 FR 66286; 66 FR 13825; 68 FR 

10300; 70 FR 14747; 65 FR 78256; 66 FR 

16311; 72 FR 11426; 67 FR 46016; 67 FR 

57267; 69 FR 62741; 71 FR 62147; 67 FR 

76439; 68 FR 10298; 70 FR 7545; 72 FR 

7812; 68 FR 10301; 68 FR 19596; 70 FR 

16886; 69 FR 33997; 69 FR 61292; 69 FR 

64806; 70 FR 2705; 72 FR 1056; 70 FR 

2701; 70 FR 16887; 70 FR 17504; 70 FR 

30997; 71 FR 63379; 72 FR 1020; 72 FR 

12666; 72 FR 25831). Each of these 24 

applicants has requested renewal of the 

exemption and has submitted evidence 

showing that the vision in the better eye 

continues to meet the standard specified 

at 49 CFR 391.41(b)(10) and that the 

vision impairment is stable. In addition, 

a review of each record of safety while 

driving with the respective vision 

deficiencies over the past two years 

indicates each applicant continues to 

meet the vision exemption standards. 

These factors provide an adequate basis 

for predicting each driver’s ability to 

continue to drive safely in interstate 

commerce. Therefore, FMCSA 

concludes that extending the exemption 

for each renewal applicant for a period 

of two years is likely to achieve a level 

of safety equal to that existing without 

the exemption. 

Request for Comments 

FMCSA will review comments 

received at any time concerning a 

particular driver’s safety record and 

determine if the continuation of the 

exemption is consistent with the 

requirements at 49 U.S.C. 31136(e) and 

31315. However, FMCSA requests that 

interested parties with specific data 

concerning the safety records of these 

drivers submit comments by May 28, 

2009. 

FMCSA believes that the 

requirements for a renewal of an 

exemption under49 U.S.C. 31136(e) and 

31315 can be satisfied by initially 

granting the renewal and then 

requesting and evaluating, if needed, 

subsequent comments submitted by 

interested parties. As indicated above, 

the Agency previously published 

notices of final disposition announcing 

its decision to exempt these 24 

individuals from the vision requirement 

in 49 CFR 391.41(b)(10). The final 

decision to grant an exemption to each 

of these individuals was based on the 

merits of each case and only after 

careful consideration of the comments 

received to its notices of applications. 

The notices of applications stated in 

detail the qualifications, experience, 

and medical condition of each applicant 

for an exemption from the vision 

requirements. That information is 

available by consulting the above cited 

Federal Register publications. 

Interested parties or organizations 

possessing information that would 

otherwise show that any, or all of these 

drivers, are not currently achieving the 

statutory level of safety should 

immediately notify FMCSA. The 

Agency will evaluate any adverse 

evidence submitted and, if safety is 

being compromised or if continuation of 

the exemption would not be consistent 

with the goals and objectives of 49 

U.S.C. 31136(e) and 31315, FMCSA will 

take immediate steps to revoke the 

exemption of a driver. 

Issued on April 21, 2009. 

Charles A. Horan, 

Acting Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–9613 Filed 4–27–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket ID FMCSA–2009–0115] 

Qualification of Drivers; Exemption 

Applications; Diabetes 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of applications for 

exemptions from the diabetes standard; 

request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from 27 individuals for 

exemptions from the prohibition against 

persons with insulin-treated diabetes 

mellitus (ITDM) operating commercial 

motor vehicles (CMVs) in interstate 

commerce. If granted, the exemptions 

would enable these individuals with 

ITDM to operate commercial motor 

vehicles in interstate commerce. 

DATES: Comments must be received on 

or before May 28, 2009. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket ID FMCSA– 

2009–0115 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. 


erowe on PROD1PC64 with NOTICES
19272 Federal Register / Vol. 74, No. 80 / Tuesday, April 28, 2009 / Notices 

• 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 acknowledgment 

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 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 statutes also 

allow the Agency to renew exemptions 

at the end of the 2-year period. The 27 

individuals listed in this notice have 

recently requested an exemption from 

the diabetes prohibition in 49 CFR 

391.41(b)(3), 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 the statutes. 

Qualifications of Applicants 

Carroll F. Aardema 

Mr. Aardema, age 66, has had ITDM 

since 2008. His endocrinologist 

examined him in 2009 and certified that 

he has had no hypoglycemic reactions 

resulting in loss of consciousness, 

requiring the assistance of another 

person, or resulting in impaired 

cognitive function that occurred without 

warning in the past 5 years; understands 

diabetes management and monitoring; 

and has stable control of his diabetes 

using insulin, and is able to drive a 

CMV safely. Mr. Aardema meets the 

requirements of the vision standard at 

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

examined him in 2009 and certified that 

he does not have diabetic retinopathy. 

He holds a Class A Commercial Driver’s 

License (CDL) from Michigan. 

Edward F. Back, III 

Mr. Back, 47, has had ITDM since 

2007. His endocrinologist examined him 

in 2009 and certified that he has had no 

hypoglycemic reactions resulting in loss 

of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 5 years; understands diabetes 

management and monitoring; has stable 

control of his diabetes using insulin, 

and is able to drive a CMV safely. Mr. 

Back meets the requirements of the 

vision standard at 49 CFR 391.41(b)(10). 

His optometrist examined him in 2009 

and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from Virginia. 

Aaron Bailey 

Mr. Bailey, 44, has had ITDM since 

2005. His endocrinologist examined him 

in 2008 and certified that he has had no 

hypoglycemic reactions resulting in loss 

of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 5 years; understands diabetes 

management and monitoring; and has 

stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Bailey meets the 

requirements of the vision standard at 

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

examined him in 2008 and certified that 

he does not have diabetic retinopathy. 

He holds a Class D operator’s license 

from Massachusetts. 

Mirsad Beganovic 

Mr. Beganovic, 47, has had ITDM 

since 2008. His endocrinologist 

examined him in 2009 and certified that 

he has had no hypoglycemic reactions 

resulting in loss of consciousness, 

requiring the assistance of another 

person, or resulting in impaired 

cognitive function that occurred without 

warning in the past 5 years; understands 

diabetes management and monitoring; 

and has stable control of his diabetes 

using insulin, and is able to drive a 

CMV safely. Mr. Beganovic meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2009 

and certified that he has stable 

nonproliferative diabetic retinopathy. 

He holds a Class A CDL from Michigan. 

Carol J. Brummel 

Ms. Brummel, 46, has had ITDM since 

1997. Her endocrinologist examined her 

in 2008 and certified that she has had 

no hypoglycemic reactions resulting in 

loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 5 years; understands diabetes 

management and monitoring; and has 

stable control of her diabetes using 

insulin, and is able to drive a CMV 

safely. Ms. Brummel meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). Her 

ophthalmologist examined her in 2008 

and certified that she does not have 

diabetic retinopathy. She holds a Class 

C operator’s license from Iowa. 

Paul R. Caudill 

Mr. Caudill, 53, has had ITDM since 

2007. His endocrinologist examined him 

in 2008 and certified that he has had no 

hypoglycemic reactions resulting in loss 

of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 5 years; understands diabetes 

management and monitoring; and has 

stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Caudill meets the 

requirements of the vision standard at 

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

examined him in 2008 and certified that 

he has stable nonproliferative diabetic 

retinopathy. He holds a Class A CDL 

from Mississippi. 

Bernia G. Denegar 

Mr. Denegar, 59, has had ITDM since 

2007. His endocrinologist examined him 


erowe on PROD1PC64 with NOTICES
Federal Register / Vol. 74, No. 80 / Tuesday, April 28, 2009 / Notices 19273 

in 2009 and certified that he has had no 

hypoglycemic reactions resulting in loss 

of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 5 years; understands diabetes 

management and monitoring; and has 

stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Denegar meets the 

requirements of the vision standard at 

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

examined him in 2008 and certified that 

he does not have diabetic retinopathy. 

He holds a Class B CDL from New 

Jersey. 

Felipe Guerra, Jr. 

Mr. Guerra, 62, has had ITDM since 

2009. His endocrinologist examined him 

in 2009 and certified that he has had no 

hypoglycemic reactions resulting in loss 

of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 5 years; understands diabetes 

management and monitoring; and has 

stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Guerra meets the 

requirements of the vision standard at 

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

examined him in 2009 and certified that 

he has does not have diabetic 

retinopathy. He holds a Class A CDL 

from Ohio. 

Michael K. Gunn 

Mr. Gunn, 55, has had ITDM since 

2004. His endocrinologist examined him 

in 2008 and certified that he has had no 

hypoglycemic reactions resulting in loss 

of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 5 years; understands diabetes 

management and monitoring; and has 

stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Gunn meets the requirements 

of the vision standard at 49 CFR 

391.41(b)(10). His optometrist examined 

him in 2009 and certified that he does 

not have diabetic retinopathy. He holds 

a Class B CDL from Wisconsin. 

Steven D. Hancock 

Mr. Hancock, 43, has had ITDM since 

2008. His endocrinologist examined him 

in 2009 and certified that he has had no 

hypoglycemic reactions resulting in loss 

of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 5 years; understands diabetes 

management and monitoring; and has 

stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Hancock meets the 

requirements of the vision standard at 

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

examined him in 2009 and certified that 

he does not have diabetic retinopathy. 

He holds a Class B CDL from Indiana. 

George E. Hardman 

Mr. Hardman, 65, has had ITDM since 

2008. His endocrinologist examined him 

in 2009 and certified that he has had no 

hypoglycemic reactions resulting in loss 

of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 5 years; understands diabetes 

management and monitoring; and has 

stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Hardman meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2008 

and certified that he has stable 

nonproliferative diabetic retinopathy. 

He holds a Class A CDL from Georgia. 

David L. Hottell 

Mr. Hottell, 51, has had ITDM since 

1987. His endocrinologist examined him 

in 2009 and certified that he has had no 

hypoglycemic reactions resulting in loss 

of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 5 years; understands diabetes 

management and monitoring; and has 

stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Hottell meets the 

requirements of the vision standard at 

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

examined him in 2009 and certified that 

he does not have diabetic retinopathy. 

He holds a Class C operator’s license 

from California. 

Marlin K. Johnson 

Mr. Johnson, 68, has had ITDM since 

2008. His endocrinologist examined him 

in 2008 and certified that he has had no 

hypoglycemic reactions resulting in loss 

of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 5 years; understands diabetes 

management and monitoring; and has 

stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Johnson meets the 

requirements of the vision standard at 

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

examined him in 2008 and certified that 

he does not have diabetic retinopathy. 

He holds a Class A CDL from 

Minnesota. 

Joshua L. Kroetch 

Mr. Kroetch, 28, has had ITDM since 

1984. His endocrinologist examined him 

in 2008 and certified that he has had no 

hypoglycemic reactions resulting in loss 

of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 5 years; understands diabetes 

management and monitoring; and has 

stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Kroetch meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2008 

and certified that he does not have 

diabetic retinopathy. He holds a Class D 

operator’s license from Minnesota. 

Thomas E. Kusinsky 

Mr. Kusinsky, 55, has had ITDM since 

2007. His endocrinologist examined him 

in 2008 and certified that he has had no 

hypoglycemic reactions resulting in loss 

of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 5 years; understands diabetes 

management and monitoring; and has 

stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Kusinsky meets the 

requirements of the vision standard at 

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

examined him in 2008 and certified that 

he does not have diabetic retinopathy. 

He holds a Class A CDL from California. 

David S. Maynard 

Mr. Maynard, 56, has had ITDM since 

2006. His endocrinologist examined him 

in 2008 and certified that he has had no 

hypoglycemic reactions resulting in loss 

of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 5 years; understands diabetes 

management and monitoring; and has 

stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Maynard meets the 

requirements of the vision standard at 

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

examined him in 2009 and certified that 

he does not have diabetic retinopathy. 

He holds a Class A CDL from California. 

Gareth L. Miller 

Mr. Miller, 44, has had ITDM since 

2007. His endocrinologist examined him 

in 2009 and certified that he has had no 


erowe on PROD1PC64 with NOTICES
19274 Federal Register / Vol. 74, No. 80 / Tuesday, April 28, 2009 / Notices 

hypoglycemic reactions resulting in loss 

of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 5 years; understands diabetes 

management and monitoring; and has 

stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Miller meets the 

requirements of the vision standard at 

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

examined him in 2009 and certified that 

he does not have diabetic retinopathy. 

He holds a Class A CDL from Ohio. 

Joseph C. Minnier 

Mr. Minnier, 31, has had ITDM since 

2004. His endocrinologist examined him 

in 2008 and certified that he has had no 

hypoglycemic reactions resulting in loss 

of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 5 years; understands diabetes 

management and monitoring; and has 

stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Minnier meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2008 

and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from Washington. 

Brian K. Moore 

Mr. Moore, 47, has had ITDM since 

2007. His endocrinologist examined him 

in 2009 and certified that he has had no 

hypoglycemic reactions resulting in loss 

of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 5 years; understands diabetes 

management and monitoring; and has 

stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Moore meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2009 

and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from Tennessee. 

Zachary T. Patton 

Mr. Patton, 28, has had ITDM since 

1992. His endocrinologist examined him 

in 2009 and certified that he has had no 

hypoglycemic reactions resulting in loss 

of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 5 years; understands diabetes 

management and monitoring; and has 

stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Patton meets the 

requirements of the vision standard at 

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

examined him in 2009 and certified that 

he does not have diabetic retinopathy. 

He holds a Class D operator’s license 

from Arizona. 

Edward R. Peters 

Mr. Peters, 55, has had ITDM since 

1973. His endocrinologist examined him 

in 2008 and certified that he has had no 

hypoglycemic reactions resulting in loss 

of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 5 years; understands diabetes 

management and monitoring; and has 

stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Peters meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2008 

and certified that he has stable 

nonproliferative diabetic retinopathy. 

He holds a Class C operator’s license 

from Pennsylvania. 

Terry L. Robinett 

Mr. Robinett, 62, has had ITDM since 

1983. His endocrinologist examined him 

in 2008 and certified that he has had no 

hypoglycemic reactions resulting in loss 

of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 5 years; understands diabetes 

management and monitoring; and has 

stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Robinett meets the 

requirements of the vision standard at 

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

examined him in 2008 and certified that 

he does not have diabetic retinopathy. 

He holds a Class A CDL from Arkansas. 

Mark E. Strunk 

Mr. Strunk, 46, has had ITDM since 

1983. His endocrinologist examined him 

in 2008 and certified that he has had no 

hypoglycemic reactions resulting in loss 

of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 5 years; understands diabetes 

management and monitoring; and has 

stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Strunk meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2008 

and certified that he has stable 

nonproliferative diabetic retinopathy. 

He holds a Class C operator’s license 

from Pennsylvania. 

Scot J. Suhr 

Mr. Suhr, 40, has had ITDM since 

2008. His endocrinologist examined him 

in 2009 and certified that he has had no 

hypoglycemic reactions resulting in loss 

of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 5 years; understands diabetes 

management and monitoring; and has 

stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Suhr meets the requirements 

of the vision standard at 49 CFR 

391.41(b)(10). His optometrist examined 

him in 2009 and certified that he does 

not have diabetic retinopathy. He holds 

a Class A CDL from Indiana. 

Michael R. Sullivan 

Mr. Sullivan, 51, has had ITDM since 

2008. His endocrinologist examined him 

in 2009 and certified that he has had no 

hypoglycemic reactions resulting in loss 

of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 5 years; understands diabetes 

management and monitoring; and has 

stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Sullivan meets the 

requirements of the vision standard at 

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

examined him in 2009 and certified that 

he has does not have diabetic 

retinopathy. He holds a Class 10 

operator’s license from Rhode Island, 

which qualifies him to drive any motor 

vehicle, except a commercial motor 

vehicle, an articulated vehicle, or 

combination of motor vehicle and trailer 

where the gross weight of the trailer is 

more than 10,000 pounds. 

Kenneth R. Walker 

Mr. Walker, 40, has had ITDM since 

1996. His endocrinologist examined him 

in 2009 and certified that he has had no 

hypoglycemic reactions resulting in loss 

of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 5 years; understands diabetes 

management and monitoring; and has 

stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Walker meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2009 


erowe on PROD1PC64 with NOTICES
Federal Register / Vol. 74, No. 80 / Tuesday, April 28, 2009 / Notices 19275 

1Section 4129(a) refers to the 2003 Notice as a 

‘‘final rule.’’ However, the 2003 Notice did not issue 

a ‘‘final rule’’ but did establish the procedures and 

standards for issuing exemptions for drivers with 

ITDM. 

and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from Tennessee. 

Blake A. Woolman 

Mr. Woolman, 24, has had ITDM 

since 1989. His endocrinologist 

examined him in 2009 and certified that 

he has had no hypoglycemic reactions 

resulting in loss of consciousness, 

requiring the assistance of another 

person, or resulting in impaired 

cognitive function that occurred without 

warning in the past 5 years; understands 

diabetes management and monitoring; 

and has stable control of his diabetes 

using insulin, and is able to drive a 

CMV safely. Mr. Woolman meets the 

requirements of the vision standard at 

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

examined him in 2009 and certified that 

he does not have diabetic retinopathy. 

He holds a Class A CDL from Missouri. 

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. We will consider all 

comments received before the close of 

business on the closing date indicated 

in the date section of the Notice. 

FMCSA notes that Section 4129 of the 

Safe, Accountable, Flexible and 

Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA–LU) 

requires the Secretary to revise its 

diabetes exemption program established 

on September 3, 2003 (68 FR 52441).1

The revision must provide for 

individual assessment of drivers with 

diabetes mellitus, and be consistent 

with the criteria described in section 

4018 of the Transportation Equity Act 

for the 21st Century (49 U.S.C. 31305). 

Section 4129 requires: (1) The 

elimination of the requirement for three 

years of experience operating CMVs 

while being treated with insulin; and (2) 

the establishment of a specified 

minimum period of insulin use to 

demonstrate stable control of diabetes 

before being allowed to operate a CMV. 

In response to section 4129, FMCSA 

made immediate revisions to the 

diabetes exemption program established 

by the September 3, 2003 Notice. 

FMCSA discontinued use of the 3-year 

driving experience and fulfilled the 

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: April 21, 2009. 

Charles A. Horan III, 

Acting Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–9612 Filed 4–27–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF THE TREASURY 

Submission for OMB Review; 

Comment Request 

April 22, 2009. 

The Department of the Treasury will 

submit the following public information 

collection requirement(s) to OMB for 

review and clearance under the 

Paperwork Reduction Act of 1995, 

Public Law 104–13 on or after the date 

of publication of this notice. Copies of 

the submission(s) may be obtained by 

calling the Treasury Bureau Clearance 

Officer listed. Comments regarding this 

information collection should be 

addressed to the OMB reviewer listed 

and to the Treasury Department 

Clearance Officer, Department of the 

Treasury, Room 11000, and 1750 

Pennsylvania Avenue, NW., 

Washington, DC 20220. 

Dates: Written comments should be 

received on or before May 28, 2009 to 

be assured of consideration. 

Internal Revenue Service (IRS) 

OMB Number: 1545–2122. 

Type of Review: Revision. 

Form: 8931. 

Title: Form 8931, Agricultural 

Chemicals Security Credit. 

Description: This is a new form for tax 

year 2008 in response to Public Law 

110–246 Section 15343. To allow 

taxpayers to calculate credits against 

income tax allowed by new provisions 

in law. 

Respondents: Businesses or other forprofits. 

Estimated Total Burden Hours: 

389,330 hours. 

Clearance Officer: R. Joseph Durbala, 

(202) 622–3634, Internal Revenue 

Service, Room 6516, 1111 Constitution 

Avenue, NW., Washington, DC 20224. 

OMB Reviewer: Shagufta Ahmed, 

(202) 395–7873, Office of Management 

and Budget, Room 10235, New 

Executive Office Building, Washington, 

DC 20503. 

Celina Elphage, 

Treasury PRA Clearance Officer. 

[FR Doc. E9–9597 Filed 4–27–09; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE TREASURY 

Community Development Financial 

Institutions Fund 

Notice of Funds Availability (NOFA) 

Inviting Applications for the 

Supplemental FY 2009 Funding Round 

of the Community Development 

Financial Institutions (CDFI) Program 

Announcement Type: Announcement 

of funding opportunity. 

Catalog of Federal Domestic 

Assistance (CFDA) Number: 21.020. 

Dates: Applications for Financial 

Assistance (FA) awards through the 

Supplemental FY 2009 Funding Round 

of the CDFI Program must be received 

by 5 p.m. et, Wednesday, May 27, 2009. 

Executive Summary: For FY 2009, the 

Community Development Financial 

Institutions Fund (the Fund), an office 

within the Department of the Treasury, 

will conduct its CDFI Program funding 

round in two components: (i) the Initial 

FY 2009 Funding Round, as set forth in 

the NOFA published on August 15, 

2008 (73 Federal Register 48011), and 

the Fund’s Recovery Act 

Implementation Plan, issued on March 

18, 2009 pursuant to the American 

Recovery and Reinvestment Act of 2009 

(Pub. L. 111–5, Division A, Title V) 

(hereafter, the Recovery Act), and (ii) 

the Supplemental FY 2009 Funding 

Round, as set forth in this NOFA. 

Together, the two components comprise 

the FY 2009 Funding Round of the CDFI 

Program. 

I. Funding Opportunity Description 

A. Through the CDFI Program, the 

Fund provides: (i) FA awards to CDFIs 

that have Comprehensive Business 

Plans for creating demonstrable 

community development impact 

through the deployment of credit, 

capital, and financial services within 

their respective Target Markets or the 

expansion into new Investment Areas, 

Low-Income Targeted Populations, or 


erowe on PROD1PC64 with NOTICES