37294 Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Notices 

considered medical reports about the 

applicants’ ITDM and vision, and 

reviewed the treating endocrinologist’s 

medical opinion related to the ability of 

the driver to safely operate a CMV while 

using insulin. 

Consequently, FMCSA finds that 

exempting these applicants from the 

diabetes standard in 49 CFR 391.41(b)(3) 

is likely to achieve a level of safety 

equal to that existing without the 

exemption. 

Conditions and Requirements 

The terms and conditions of the 

exemption will be provided to the 

applicants in the exemption document 

and they include the following: (1) That 

each individual submit a quarterly 

monitoring checklist completed by the 

treating endocrinologist as well as an 

annual checklist with a comprehensive 

medical evaluation; (2) that each 

individual reports within 2 business 

days of occurrence, all episodes of 

severe hypoglycemia, significant 

complications, or inability to manage 

diabetes; also, any involvement in an 

accident or any other adverse event in 

a CMV or personal vehicle, whether or 

not they are related to an episode of 

hypoglycemia; (3) 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 (4) that each 

individual provide a copy of the annual 

medical certification to the employer for 

retention in the driver’s qualification 

file, or keep a copy in his/her driver’s 

qualification file if he/she is selfemployed. The driver must also have a 

copy of the certification when driving, 

for presentation to a duly authorized 

Federal, State, or local enforcement 

official. 

Discussion of Comments 

FMCSA received no comments in this 

proceeding. 

Conclusion 

Based upon its evaluation of the 

thirty-five exemption applications, 

FMCSA exempts, Abdelhadi A. 

Abdelnabi, Dennis W. Athey, II., Barry 

A. Barber, Jeromy B. Birchard, Kevin J. 

Blue, Lester B. Brazfield, Bradley M. 

Brown, Gary L. Brown, Robert F. 

Browne, III., Robert F. Carter, Howard L. 

Cooksey, William D. Cornwell, III., 

Brian P. Dionne, Richard C. Dunn, 

Donald K. Ennis, Dennis Graves, 

Michael T. Harris, Daniel H. Henson, J. 

Theoginis Kehaias, Harold M. Koski, 

Richard B. Lorimer, Lester J. Manis, 

Trena L. Marshall, Troy A. Martinson, 

Ronald R. McDougle, Richard L. Miller, 

Jerome A. Mjolsness, David K. Mopps, 

George E. Patton, Jack E. Rensing, 

Clayton M. Reynolds, Jeffrey S. SaintVincent, Richard Scott, Gary A. 

Sweeney, and David L. Wilhelm from 

the ITDM standard in 49 CFR 

391.41(b)(3), subject to the conditions 

listed under ‘‘Conditions and 

Requirements’’ above. 

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

and 31315 each exemption will be valid 

for two years unless revoked earlier by 

FMCSA. The exemption will be revoked 

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. If the exemption is still effective 

at the end of the 2-year period, the 

person may apply to FMCSA for a 

renewal under procedures in effect at 

that time. 

Issued on: July 21, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–17969 Filed 7–27–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2007–26653] 

Qualification of Drivers; Exemption 

Renewals; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA previously 

announced its decision to renew the 

exemptions from the vision requirement 

in the Federal Motor Carrier Safety 

Regulations for 18 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 

exemptions will 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: 

Electronic Access 

You may see all the comments online 

through the Federal Document 

Management System (FDMS) at http:// 

www.regulations.gov 

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 statute also 

allows the Agency to renew exemptions 

at the end of the 2-year period. The 

comment period ended on July 2, 2009. 

Discussion of Comments 

FMCSA received no comments in this 

proceeding. 

Conclusion 

The Agency has not received any 

adverse evidence on any of these drivers 

that indicates that safety is being 

compromised. Based upon its 

evaluation of the 18 renewal 

applications, FMCSA renews the 

Federal vision exemptions for Michael 

W. Anderson, Michael R. Bradford, John 

J. Caricola, Jr., William P. Caulfield, 

Denise M. Engle, Wade M. Hillmer, 

Michael W. Jensen, Jorge Lopez, Albert 

E. Marbut, Michael J. McGregan, Willie 

E. Nichols, John P. Perez, Jeffrey W. 

Pike, Jr., Scott K. Richardson, Kyle C. 

Shover, Charles H. Smith, Robert G. 

Springer, and Scott A. Taylor. 

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

and 31315, each renewal exemption will 

be valid for 2 years unless revoked 

earlier by FMCSA. The exemption will 

be revoked 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 and 31315. 

Issued on: July 21, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–17971 Filed 7–27–09; 8:45 am] 

BILLING CODE 4910–EX–P 

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