Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Notices 37295 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket ID FMCSA–2009–0154] 

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 40 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 August 27, 2009. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket ID FMCSA– 

2009–0154 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. 

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 40 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 

Michael K. Adams 

Mr. Adams, age 48, has had a retinal 

detachment in his right eye since 1976. 

The best corrected visual acuity in his 

right eye is light perception and in his 

left eye, 20/20. Following an 

examination in 2009, his optometrist 

noted, ‘‘In my medical opinion, Mr. 

Adams has sufficient vision to perform 

driving tasks required to operate a 

commercial vehicle.’’ Mr. Adams 

reported that he has driven straight 

trucks for 28 years, accumulating 

140,000 miles, and tractor-trailer 

combinations for 28 years, accumulating 

420,000 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 no 

convictions for moving violations in a 

CMV. 

Michael J. Amorese 

Mr. Amorese, 46, has macular scarring 

due to a traumatic injury 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 2009, his 

ophthalmologist noted, ‘‘In my opinion, 

Mr. Michael Amorese has sufficient 

vision to perform the driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Amorese reported that he 

has driven straight trucks for 20 years, 

accumulating 150,000 miles. He holds a 

Class D operator’s license from New 

York. His driving record for the last 3 

years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Mark R. Anderson 

Mr. Anderson, 56, has had amblyopia 

in his right eye since childhood. The 

best corrected visual acuity in his right 

eye is light perception and in his left 

eye, 20/20. Following an examination in 

2009, his optometrist noted, ‘‘It is my 

opinion that Mark can perform all 

driving tasks required to operate a 

commercial vehicle.’’ Mr. Anderson 

reported that he has driven straight 

trucks for 36 years, accumulating 

216,000 miles. He holds a Class C 

operator’s license from Michigan. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Darrell W. Bayless 

Mr. Bayless, 49, has had optic nerve 

defect from birth. The best corrected 

visual acuity in his right eye is 20/15 

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

examination in 2009, his optometrist 

noted, ‘‘I certify that in my medical 

opinion, Mr. Bayless has sufficient 

vision to perform the driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Bayless reported that he 

has driven tractor-trailer combinations 

for 4 years, accumulating 220,000 miles. 

He holds a Class A CDL from Texas. His 

driving record for the last 3 years shows 

no crashes and one conviction for 

speeding in a CMV. He exceeded the 

speed limit by 8 mph. 

Keith A. Bliss 

Mr. Bliss, 41, has had a prosthetic left 

eye since 1978. The best corrected 

visual acuity in his right eye is 20/20. 

Following an examination in 2009, his 

optometrist noted, ‘‘In my opinion, he 

has sufficient vision to drive a 

commercial vehicle.’’ Mr. Bliss reported 

that he has driven straight trucks for 22 

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years, accumulating 1.1 million miles, 

and tractor-trailer combinations for 5 

years, accumulating 325,000 miles. He 

holds a Class A CDL from New York. 

His driving record for the last 3 years 

shows no crashes and no convictions for 

moving violations in a CMV. 

Lloyd D. Burgess 

Mr. Burgess, 60, has loss of vision in 

his left eye due to retinal detachment 

sustained in 2004. The best corrected 

visual acuity in his right eye is 20/15 

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

examination in 2009, his optometrist 

noted, ‘‘Based on the above findings, I 

certify that in my medical opinion, Mr. 

Burgess has sufficient vision to operate 

a commercial vehicle in a safe manner.’’ 

Mr. Burgess reported that he has driven 

tractor-trailer combinations for 29 years, 

accumulating 3.5 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. 

Gary R. Butler 

Mr. Butler, 57, has a prosthetic right 

eye due to a traumatic incident that 

occurred in 1999. The best corrected 

visual acuity in his left eye, 20/20. 

Following an examination in 2009, his 

optometrist noted, ‘‘In my opinion and 

without hesitation, Mr. Butler’s vision is 

sufficient vision to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Butler reported that he has 

driven straight trucks for 5 years, 

accumulating 250,000 miles, and 

tractor-trailer combinations for 13 years, 

accumulating 650,000 miles. He holds a 

Class A CDL from Oklahoma. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

David S. Clinger 

Mr. Clinger, 58, has loss of vision in 

his right eye due to maculopathy. The 

visual acuity in his right eye is 20/200 

and in his left eye, 20/25. Following an 

examination in 2009, his 

ophthalmologist noted, ‘‘In my medical 

opinion, David’s vision is sufficient to 

perform driving tasks for commercial 

driving.’’ Mr. Clinger reported that he 

has driven straight trucks for 42 years, 

accumulating 588,000 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. 

Ronald L. Cote 

Mr. Cote, 55, has had amblyopia in 

his right eye since birth. The best 

corrected visual acuity in his right eye 

is 20/400 and in his left eye, 20/15. 

Following an examination in 2009, his 

ophthalmologist noted, ‘‘My medical 

opinion is that Lance Ronald Cote is ok 

visually to drive and operate a 

commercial vehicle without glasses.’’ 

Mr. Cote reported that he has driven 

straight trucks for 38 years, 

accumulating 760,000 miles. He holds a 

Class A CDL from Nevada. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

John C. Defoe 

Mr. Defoe, 44, has had amblyopia in 

his left eye since childhood. The visual 

acuity in his right eye is 20/20 and in 

his left eye, 20/400. Following an 

examination in 2009, his 

ophthalmologist noted, ‘‘In my opinion, 

Mr. Defoe has sufficient vision to 

perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Defoe reported that he has driven 

straight trucks for 25 years, 

accumulating 500,000 miles, and 

tractor-trailer combinations for 2 years, 

accumulating 12,000 miles. He holds a 

Class A CDL from Massachusetts. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Shennon E. Dorsey 

Mr. Dorsey, 36, has had a prosthetic 

left eye since 1996. The visual acuity in 

his right eye is 20/20. Following an 

examination in 2009, his optometrist 

noted, ‘‘It is my medical opinion that 

Mr. Dorsey has the vision necessary to 

continue to operate a commercial 

vehicle.’’ Mr. Dorsey reported that he 

has driven straight trucks for 13 years, 

accumulating 1.3 million miles, and 

tractor-trailer combinations for 13 years, 

accumulating 1.6 million miles. He 

holds a Class A CDL from Georgia. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Steve E. Duran 

Mr. Duran, 62, has loss of vision in 

his left eye due to retinal detachment 

sustained in 2003. The visual acuity in 

his right eye is 20/20 and in his left eye, 

light perception. Following an 

examination in 2009, his optometrist 

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

sufficient vision to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Duran reported that he has 

driven tractor-trailer combinations for 

42 years, accumulating 4.6 million 

miles. He holds a Class A CDL from 

New Mexico. His driving record for the 

last 3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Michael M. Edleston 

Mr. Edleston, 58, has loss of vision in 

his right eye due to a traumatic injury 

to his cornea sustained in 1969. 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, ‘‘His vision is 

sufficient to drive a commercial 

vehicle.’’ Mr. Edleston reported that he 

has driven straight trucks for 18 years, 

accumulating 259,200 miles, and 

tractor-trailer combinations for 21 years, 

accumulating 903,000 miles. He holds a 

Class A CDL from Massachusetts. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Cecil A. Evey 

Mr. Evey, 54 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, ‘‘In my opinion, 

Cecil Evey has sufficient vision to 

perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. Evey 

reported that he has driven tractortrailer combinations for 27 years, 

accumulating 1.6 million 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. 

Kamal A. Gaddah 

Mr. Gaddah, 51, has had central 

retinal vein occlusion since 2000. The 

best corrected visual acuity in his right 

eye is 20/20 and in his left eye, 20/300. 

Following an examination in 2009, his 

ophthalmologist noted, ‘‘In my medical 

opinion, Mr. Gaddah has sufficient 

vision to perform his driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Gaddah reported that he 

has driven straight trucks for 17 years, 

accumulating 1.1 million miles. He 

holds a Class D operator’s license from 

Ohio. His driving record for the last 3 

years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Bradley O. Hart 

Mr. Hart, 42, 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 2009, his 

optometrist noted, ‘‘I believe that Mr. 

Hart has sufficient visual function to 

operate a commercial vehicle safely.’’ 

Mr. Hart reported that he has driven 

straight trucks for 15 years, 

accumulating 150,000 miles, and 

tractor-trailer combinations for 15 years, 

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accumulating 600,000 miles. He holds a 

Class A CDL from Utah. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

John M. Homchick 

Mr. Homchick, 62, has had amblyopia 

in his left eye since birth. The best 

corrected visual acuity in his right eye 

is 20/15 and in his left eye, 20/80. 

Following an examination in 2009, his 

ophthalmologist noted, ‘‘In my opinion, 

Mr. Homchick has sufficient vision to 

safely operate a commercial vehicle.’’ 

Mr. Homchick reported that he has 

driven straight trucks for 13 years, 

accumulating 339,352 miles. He holds a 

Class A CDL from Washington. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Terry L. Hudgens 

Mr. Hudgens, 41, has had amblyopia 

in his left eye since birth. The best 

corrected visual acuity in his right eye 

is 20/20 and in his left eye, 20/60. 

Following an examination in 2009, his 

optometrist noted, ‘‘In my opinion, Mr. 

Hudgens has sufficient vision to 

perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Hudgens reported that he has driven 

straight trucks for 14 years, 

accumulating 1.5 million miles. He 

holds a Class A CDL from Ohio. His 

driving record for the last 3 years shows 

one crash, for which he was not cited, 

and one conviction for speeding in a 

CMV. He exceeded the speed limit by 14 

mph. 

Eric M. Kousgaard 

Mr. Kousgaard, 30, has had amblyopia 

in his left eye since birth. The visual 

acuity in his right eye is 20/20 and in 

his left eye, 20/400. Following an 

examination in 2009, his optometrist 

noted, ‘‘Patient does have sufficient 

vision to perform the driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Kousgaard reported that 

he has driven straight trucks for 13 

years, accumulating 344,500 miles. He 

holds a Class O operator’s license from 

Nevada, which allows him to drive any 

non-commercial vehicle except a 

motorcycle. His driving record for the 

last 3 years shows no crashes and one 

conviction for speeding in a CMV. He 

exceeded the speed limit by 10 mph. 

Larry L. Massey 

Mr. Massey, 60, has had loss of vision 

in his left eye due to a congenital birth 

defect. The best corrected visual acuity 

in his right eye is 20/20 and in his left 

eye, 20/80. Following an examination in 

2009, his optometrist noted, ‘‘I certify in 

my medical opinion that Larry Massey 

does have sufficient vision to perform 

the driving tasks required to operate a 

commercial vehicle.’’ Mr. Massey 

reported that he has driven tractortrailer combinations for 27 years, 

accumulating 2.7 million miles. He 

holds a Class A CDL from Georgia. His 

driving record for the last 3 years shows 

no crashes and one conviction for a 

moving violation in a CMV, failure to 

obey a traffic sign. 

Joe A. McIntyre 

Mr. McIntyre, 51, has had amblyopia 

in his left eye since childhood. The 

visual acuity in his right eye is 20/20 

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

examination in 2009, his optometrist 

noted, ‘‘I feel he has sufficient vision to 

perform the driving tasks required to 

operate a commercial vehicle out of 

state.’’ Mr. McIntyre reported that he 

has driven tractor-trailer combinations 

for 18 years, accumulating 342,000 

miles. He holds a Class A CDL from 

Georgia. His driving record for the last 

3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

James F. McMahon, Jr. 

Mr. McMahon, 54, has had amblyopia 

in his right eye since birth. 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 

optometrist noted, ‘‘I do wish to point 

out that James has been driving 

commercial vehicles for 24 years and it 

is my medical opinion that his vision is 

sufficient to allow him to continue to 

perform this function.’’ Mr. McMahon 

reported that he has driven straight 

trucks for 34 years, accumulating 

450,942 miles. He holds a Class B CDL 

from New Hampshire. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Samuel A. Miller 

Mr. Miller, 35, has had an optic nerve 

defect in his right eye since birth. The 

best corrected visual acuity in his right 

eye is 20/200 and in his left eye, 20/20. 

Following an examination in 2009, his 

optometrist noted, ‘‘In my opinion, Mr. 

Miller’s congenital optic nerve defect 

should not prohibit him from safely 

operating a commercial motor vehicle.’’ 

Mr. Miller reported that he has driven 

straight trucks for 14 years, 

accumulating 218,400 miles. He holds a 

chauffeur’s license from Indiana. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Marvin L. Motes 

Mr. Motes, 67, has a macular scar in 

his left eye due to a traumatic injury 

that occurred 15 years ago. The best 

corrected visual acuity in his right eye 

is 20/40 and in his left eye, 20/80. 

Following an examination in 2009, his 

optometrist noted, ‘‘visual deficiency is 

stable, patient is able to drive, has 

sufficient vision to operate motor 

commercial vehicle.’’ Mr. Motes 

reported that he has driven straight 

trucks for 37 years, accumulating 2 

million miles, and tractor-trailer 

combinations for 28 years, accumulating 

1.5 million miles. He holds a Class A 

CDL from Florida. His driving record for 

the last 3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

John W. Myre 

Mr. Myre, 50, has a prosthetic left eye 

due to a traumatic injury since 

childhood. The best corrected visual 

acuity in his right eye is 20/20. 

Following an examination in 2009, his 

ophthalmologist noted, ‘‘Mr. Myre has 

excellent vision in his right eye and is 

visually competent to drive commercial 

vehicles.’’ Mr. Myre reported that he has 

driven straight trucks for 31 years, 

accumulating 322,400, tractor trailer 

combinations for 18 years, accumulating 

187,200 miles. He holds a Class A CDL 

from South Dakota. His driving record 

for the last 3 years shows no crashes and 

no convictions for moving violations in 

a CMV. 

Noah I. Pennington 

Mr. Pennington, 67, has had a 

macular hole in his right eye since 1995. 

The visual acuity in his right eye is 20/ 

50 and in his left eye, 20/30. Following 

an examination in 2009, his 

ophthalmologist noted, ‘‘In my medical 

opinion, the patient does have sufficient 

vision to perform the driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Pennington reported that 

he has driven tractor-trailer 

combinations for 30 years, accumulating 

3 million miles. He holds a Class A CDL 

from Florida. His driving record for the 

last 3 years shows no crashes and one 

conviction for speeding in a CMV. He 

exceeded the speed limit by 10 mph. 

Ronald D. Peters 

Mr. Peters, 64, has loss of vision in his 

left eye due to subretinal bleeding 

stopped by a laser treatment in 2003. 

The best corrected visual acuity in his 

right eye is 20/30 and in his left eye, 20/ 

250. Following an examination in 2009, 

his optometrist noted, ‘‘Vision is 

adequate for commercial license.’’ Mr. 

Peters reported that he has driven 

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straight trucks for 20 years, 

accumulating 800,000 miles, and 

tractor-trailer combinations for 35 years, 

accumulating 4.5 million miles. He 

holds a Class A CDL from South Dakota. 

His driving record for the last 3 years 

shows one crash, for which he was cited 

for following another vehicle too 

closely, and no other convictions for a 

moving violation in a CMV. 

Stephen Pozharsky 

Mr. Pozharsky, 62, has a prosthetic 

left eye due to a traumatic injury 

sustained in 1973. The best corrected 

visual acuity in his right eye is 20/20. 

Following an examination in 2009, his 

optometrist noted, ‘‘Has sufficient 

vision to operate motor commercial 

vehicle with present condition.’’ Mr. 

Pozharsky reported that he has driven 

straight trucks for 36 years, 

accumulating 756,000 miles, and 

tractor-trailer combinations for 18 years, 

accumulating 252,000 miles. He holds a 

Class A CDL from New Jersey. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Angelo D. Rogers 

Mr. Rogers, 48, has had amblyopia in 

his left eye since childhood. The visual 

acuity in his right eye is 20/20 and in 

his left eye, 20/80. Following an 

examination in 2009, his 

ophthalmologist noted, ‘‘In my opinion, 

Angelo Rogers has sufficient vision to 

perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Rogers reported that he has driven 

straight trucks for 13 years, 

accumulating 221,000 miles, and 

tractor-trailer combinations for 13 years, 

accumulating 522,600 miles. He holds a 

Class A CDL from Alabama. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Larry T. Rogers 

Mr. Rogers, 56, has had pappilodema 

in his right eye since 1999. The best 

corrected visual acuity in his right eye 

is 20/100 and in his left eye, 20/20. 

Following an examination in 2009, his 

optometrist noted, ‘‘In my opinion, 

Todd shows sufficient vision (acuity 

and visual field) to operate a 

commercial vehicle.’’ Mr. Rogers 

reported that he has driven tractortrailer combinations for 25 years, 

accumulating 1 million 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. 

Ricky J. Sanderson 

Mr. Sanderson, 38, has macular 

scarring in his left eye due to a 

traumatic injury sustained in 1999. The 

visual acuity in his right eye is 20/15 

and in his left eye, 20/200. Following an 

examination in 2009, his optometrist 

noted, ‘‘With binocular vision he 

appears to have adequate vision for 

commercial driving.’’ Mr. Sanderson 

reported that he has driven straight 

trucks for 5 years, accumulating 7,500 

miles, tractor-trailer combinations for 15 

years, accumulating 600,000 miles, and 

buses for 11 years, accumulating 

114,400 miles. He holds a Class A CDL 

from Utah. His driving record for the 

last 3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

George V. Sorondo 

Mr. Sorondo, 59, has had amblyopia 

in his left eye since birth. The best 

corrected visual acuity in his right eye 

is 20/20 and in his left eye, 20/70. 

Following an examination in 2009, his 

optometrist noted, ‘‘It is my professional 

medical opinion that Mr. Sorondo’s 

vision, which has remained stable for 

decades, provides adequate, safe vision 

to maintain his commercial driver’s 

license.’’ Mr. Sorondo reported that he 

has driven straight trucks for 37 years, 

accumulating 669,330 miles. He holds a 

Class B CDL from California. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Marcial Soto-Rivas 

Mr. Soto-Rivas, 55, has loss of vision 

in his right eye due to a traumatic 

injury. The 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. Soto-Rivas does 

have sufficient vision to perform the 

driving tasks required to operate a 

commercial vehicle.’’ Mr. Soto-Rivas 

reported that he has driven straight 

trucks for 19 years, accumulating 

380,000 miles, tractor-trailer 

combinations for 14 years, accumulating 

840,000 miles, and buses for 10 years, 

accumulating 150,000 miles. He holds a 

Class A CDL from Oregon. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Marvin L. Stein 

Mr. Stein, 72, has loss of vision in his 

right eye due to macular degeneration. 

The best corrected visual acuity in his 

right eye is count-finger vision and in 

his left eye, 20/30. Following an 

examination in 2009, his 

ophthalmologist noted, ‘‘It is my 

medical opinion that his vision would 

be sufficient to perform the driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Stein reported that he has 

driven straight trucks for 5 years, 

accumulating 375,000 miles, and 

tractor-trailer combinations for 49 years, 

accumulating 6.4 million miles. He 

holds a Class A CDL from Pennsylvania. 

His driving record for the last 3 years 

shows no crashes and no convictions for 

moving violations in a CMV. 

David C. Sybesma 

Mr. Sybesma, 52, has complete loss of 

vision in his right eye due to treatment 

for choroidal melanoma obtained in 

1993. The visual acuity in his left eye 

is 20/20. Following an examination in 

2009, his optometrist noted, ‘‘At his 

time, he is well adapted to monocular 

vision, has 20/20 vision in his left eye 

and in my opinion has sufficient vision 

to perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Sybesma reported that he has driven 

straight trucks for 13 years, 

accumulating 69,350 miles, and tractortrailer combinations for 13 years, 

accumulating 1.2 million 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. 

Bruce E. Thulin 

Mr. Thulin, 58, has had a prosthetic 

right eye since childhood. The best 

corrected visual acuity in his left eye is 

20/20. Following an examination in 

2009, his optometrist noted, ‘‘In my 

opinion, Mr. Thulin has sufficient 

vision to perform the driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Thulin reported that he 

has driven straight trucks for 44 years, 

accumulating 4.4 million miles, and 

tractor-trailer combinations for 39 years, 

accumulating 3.9 million miles. He 

holds a Class A CDL from Nebraska. His 

driving record for the last 3 years shows 

no crashes and one conviction for 

speeding in a CMV. He exceeded the 

speed limit by 9 mph. 

Matthew K. Tucker 

Mr. Tucker, 38, has optic atrophy in 

his left eye since 1970. The best 

corrected visual acuity in his right eye 

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

Following an examination in 2009, his 

ophthalmologist noted, ‘‘Thus, I believe 

that his vision is adequate for him to 

perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Tucker reported that he has driven 

straight trucks for 10 years, 

accumulating 1 million miles, and 

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Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Notices 37299 

tractor-trailer combinations for 10 years, 

accumulating 1.2 million miles. He 

holds a Class A CDL from Minnesota. 

His driving record for the last 3 years 

shows no crashes and no convictions for 

moving violations in a CMV. 

Stanley W. Tyler, Jr. 

Mr. Tyler, 41, has complete loss of 

vision in his left eye due to a traumatic 

injury sustained as a child. The visual 

acuity in his right eye is 20/20. 

Following an examination in 2009, his 

ophthalmologist noted, ‘‘I believe that 

Mr. Tyler has perfectly adequate vision 

to perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Tyler reported that he has driven 

straight trucks for 10 years, 

accumulating 275,000 miles. He holds a 

Class B CDL from Virginia. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Victor H. Vera 

Mr. Vera, 35, has had retinal scarring 

in his right eye since 2002. The best 

corrected visual acuity in his right eye 

is 20/200 and in his left eye, 20/20. 

Following an examination in 2009, his 

optometrist noted, ‘‘My opinion is that 

he has sufficient vision to safely operate 

a commercial vehicle.’’ Mr. Vera 

reported that he has driven tractortrailer combinations for 4 years, 

accumulating 729,600 miles. He holds a 

Class A CDL from Texas. His driving 

record for the last 3 years shows no 

crashes and one conviction for speeding 

in a CMV. He exceeded the speed limit 

by 7 mph. 

Charles A. Winchell 

Mr. Winchell, 54, has complete loss of 

vision in his left eye due to an infection 

that resulted in a failed corneal 

transplant in 1999. The best corrected 

visual acuity in his right eye is 20/25. 

Following an examination in 2009, his 

optometrist noted, ‘‘I certify that in my 

opinion that Chuck has sufficient vision 

to perform the driving tasks required to 

operate a commercial vehicle as he has 

been doing this for many years with the 

same condition.’’ Mr. Winchell reported 

that he has driven tractor-trailer 

combinations for 35 years, accumulating 

1.7 million miles. He holds a Class D 

operator’s license from Oklahoma. His 

driving record for the last 3 years shows 

no crashes and one conviction for 

speeding in a CMV. He exceeded the 

speed limit by 10 mph. 

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. The Agency will consider all 

comments received before the close of 

business August 27, 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: July 21, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–17966 Filed 7–27–09; 8:45 am] 

BILLING CODE 4910–EX–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 

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 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 

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 6 renewal 

applications, FMCSA renews the 

Federal vision exemptions for Edmund 

J. Barron, Thomas E. Howard, Roger K. 

Cox, Billy L. Johnson, Myron D. Dixon, 

and Clifford E. Masink. 

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. E9–17972 Filed 7–27–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

[FHWA Docket No. FHWA–2009–0051] 

Surface Transportation Project 

Delivery Pilot Program; Caltrans Audit 

Report 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Final report. 

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