Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Notices 26471 

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. 

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. Reynolds 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 

Washington. 

Jeffrey S. Saint-Vincent 

Mr. Saint-Vincent, 53, has had ITDM 

since 1998. 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. Saint-Vincent 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. 

Richard Scott 

Mr. Scott, 45, 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. Scott 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 B CDL from 

Pennsylvania. 

Gary A. Sweeney 

Mr. Sweeney, 50, has had ITDM since 

2003. 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. Sweeney 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 New York. 

David L. Wilhelm 

Mr. Wilhelm, 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. Wilhelm 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 Arkansas. 

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 requirement 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: May 26, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–12757 Filed 6–1–09; 8:45 am] 

BILLING CODE–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–1999–5748; FMCSA– 

2000–8398; FMCSA–2001–9258; FMCSA– 

2003–14223; FMCSA–2005–20027; FMCSA– 

2005–20560] 

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 6 

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 June 

30, 2009. Comments must be received 

on or before July 2, 2009. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

26472 Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Notices 

System (FDMS) Docket ID FMCSA– 

1999–5748; FMCSA–2000–8398; 

FMCSA–2001–9258; FMCSA–2003– 

14223; FMCSA–2005–20027; FMCSA– 

2005–20560, 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 6 individuals 

who have requested a renewal of their 

exemption in accordance with FMCSA 

procedures. FMCSA has evaluated these 

6 applications for renewal on their 

merits and decided to extend each 

exemption for a renewable two-year 

period. They are: 

Edmund J. Barron 

Roger K. Cox 

Myron D. Dixon 

Thomas E. Howard 

Billy L. Johnson 

Clifford E. Masink 

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 6 applicants has 

satisfied the entry conditions for 

obtaining an exemption from the vision 

requirements (64 FR 40404; 64 FR 

66962; 67 FR 17102; 70 FR 25878; 72 FR 

34062; 65 FR 78256; 66 FR 16311; 68 FR 

13360; 70 FR 37891; 66 FR 17743; 66 FR 

33990; 68 FR 35772; 70 FR 33937; 68 FR 

10301; 68 FR 19596; 70 FR 16886; 70 FR 

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

30997; 72 FR 27624). Each of these 6 

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 July 2, 

2009. 

FMCSA believes that the 

requirements for a renewal of an 

exemption under 49 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 6 

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 

Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Notices 26473 

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: May 22, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–12773 Filed 6–1–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF THE TREASURY 

Office of Foreign Assets Control 

Additional Designation of Entities 

Pursuant to Executive Order 12978 

AGENCY: Office of Foreign Assets 

Control, Treasury. 

ACTION: Notice. 

SUMMARY: The Treasury Department’s 

Office of Foreign Assets Control 

(‘‘OFAC’’) is publishing the names of 28 

newly-designated individuals and 

entities whose property and interests in 

property are blocked pursuant to 

Executive Order 12978 of October 21, 

1995, ‘‘Blocking Assets and Prohibiting 

Transactions with Significant Narcotics 

Traffickers.’’ 

DATES: The designation by the Acting 

Director of OFAC of the 28 individuals 

and entities identified in this notice 

pursuant to Executive Order 12978 is 

effective on May 27, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Assistant Director, Compliance 

Outreach & Implementation, Office of 

Foreign Assets Control, Department of 

the Treasury, Washington, DC 20220, 

tel.: 202/622–2490. 

SUPPLEMENTARY INFORMATION: 

Electronic and Facsimile Availability 

This document and additional 

information concerning OFAC are 

available from OFAC’s Web site 

(http://www.treas.gov/ofac) or via 

facsimile through a 24-hour fax-ondemand service, tel.: (202) 622–0077. 

Background 

On October 21, 1995, the President, 

invoking the authority, inter alia, of the 

International Emergency Economic 

Powers Act (50 U.S.C. 1701–1706), 

issued Executive Order 12978 (60 FR 

54579, October 24, 1995) (the ‘‘Order’’). 

In the Order, the President declared a 

national emergency to deal with the 

threat posed by significant foreign 

narcotics traffickers centered in 

Colombia and the harm that they cause 

in the United States and abroad. 

Section 1 of the Order blocks, with 

certain exceptions, all property and 

interests in property that are in the 

United States, or that hereafter come 

within the United States or that are or 

hereafter come within the possession or 

control of United States persons, of: (1) 

The persons listed in an Annex to the 

Order; (2) any foreign person 

determined by the Secretary of 

Treasury, in consultation with the 

Attorney General and Secretary of State: 

(a) To play a significant role in 

international narcotics trafficking 

centered in Colombia; or (b) to 

materially assist in, or provide financial 

or technological support for or goods or 

services in support of, the narcotics 

trafficking activities of persons 

designated in or pursuant to the Order; 

and (3) persons determined by the 

Secretary of the Treasury, in 

consultation with the Attorney General 

and the Secretary of State, to be owned 

or controlled by, or to act for or on 

behalf of, persons designated pursuant 

to the Order. 

On May 27, 2009, the Acting Director 

of OFAC, in consultation with the 

Attorney General and Secretary of State, 

as well as the Secretary of Homeland 

Security, designated 28 individuals and 

entities whose property and interests in 

property are blocked pursuant to the 

Order. 

The list of additional designees is as 

follows: 

1. AERONAUTICA CONDOR DE 

PANAMA, S.A., Panama; RUC # 

581123–1–448204–93 (Panama) 

[SDNT] 

2. AERONAUTICA CONDOR S.A. DE 

C.V. (a.k.a. AEROCONDOR S.A. DE 

C.V.), Hangar D–2 y D–3, Puerta 2, 

Aviacion General, Aeropuerto 

Internacional de Toluca, Toluca, 

Estado de Mexico, Mexico; Calle 3 

Hangar 22 al 29, Aeropuerto 

Internacional Toluca, Toluca, 

Estado de Mexico C.P. 50500, 

Mexico; R.F.C. ACO–031113–MB8 

(Mexico) [SDNT] 

3. AGROESPINAL S.A., Calle 16 No. 

41–210 of. 801, Medellin, Colombia; 

NIT # 800256233–0 (Colombia) 

[SDNT] 

4. AGROGANADERA LOS SANTOS 

S.A., Calle 16 No. 41–210 of. 801, 

Medellin, Colombia; NIT # 

800215934–1 (Colombia) [SDNT] 

5. ASES DE COMPETENCIA Y CIA. 

S.A., Carrera 30 No. 74–45, Bogota, 

Colombia; Carrera 6A No. 22–46 Int. 

110, Medellin, Colombia; Carrera 

66A No. 3–50 Int. 69, Medellin, 

Colombia; NIT # 800213156–7 

(Colombia) [SDNT] 

6. BERMUDEZ DURAN, Felipe, Camino 

a San Mateo 41 Edif. Mackenzie— 

1003, Lomas Verdes, Naucalpan, 

Estado de Mexico C.P. 53020, 

Mexico; Puerto de Palo No. 128, 

Col. Residencial Colon, Toluca, 

Estado de Mexico C.P. 50120, 

Mexico; DOB 03 Jul 1988; C.U.R.P. 

BEDF880703HDFRRL09 (Mexico); 

R.F.C. BEDF880703 (Mexico) 

(individual) [SDNT] 

7. BERMUDEZ LUQUE, Santiago, c/o 

AERONAUTICA CONDOR DE 

PANAMA, S.A., Panama; c/o ASES 

DE COMPETENCIA Y CIA. S.A., 

Medellin, Colombia; Camino al 

Olivo 114, Vista Hermosa, Mexico 

City, Distrito Federal, Mexico; DOB 

22 Aug 1987; POB Medellin, 

Colombia; C.U.R.P. 

BELS870822HNERQN14 (Mexico); 

Cedula No. 1126644222 (Colombia); 

Identification Number 87082253007 

(Colombia) (individual) [SDNT] 

8. BERMUDEZ SUAZA, Pedro Antonio 

(a.k.a. AGUILAR DEL BOSQUE, 

Mauricio; a.k.a. AGUILAR VELEZ, 

Luis Antonio; a.k.a. VEGA LUJAN, 

Diego Rodrigo; a.k.a. ‘‘EL 

ARQUITECTO’’), c/o ASES DE 

COMPETENCIA Y CIA. S.A., 

Medellin, Colombia; c/o 

CONSTRUCTORA GUADALEST 

S.A., Medellin, Colombia; c/o 

FRANZUL S.A., Medellin, 

Colombia; c/o GRUPO 

GUADALEST S.A. DE C.V., Mexico 

City, Distrito Federal, Mexico; c/o 

HIERROS DE JERUSALEM S.A., 

Medellin, Colombia; Av. Hipolito 

Taine 253 2, Col. Chapultepec 

Morales, Miguel Hidalgo, Mexico 

City, Distrito Federal 11560, 

Mexico; Camino a San Mateo 41, 

edificio Mackenzie, la Cuspide 

departamento 1003, Colonia Lomas 

Verdes, Naucalpan de Juarez, 

Estado de Mexico, Mexico; DOB 30 

Mar 1957; alt. DOB 10 Mar 1958; 

alt. DOB 30 Mar 1959; alt. DOB 22 

Aug 1959; POB Medellin, Colombia; 

alt. POB Huamantla, Tlaxcala, 

Mexico; Cedula No. 70123377 

(Colombia); Credencial electoral 

AGBSMR59033015H800 (Mexico); 

Passport 05400005349 (Mexico);