[Federal Register Volume 74, Number 143 (Tuesday, July 28, 2009)]
[Notices]
[Pages 37295-37299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17966]



[[Page 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:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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 self-addressed, 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, <a href="/cdn-cgi/l/email-protection#77111a1404161a12131e14161b3713180359101801"><span class="__cf_email__" data-cfemail="6b0d0608180a060e0f02080a072b0f041f450c041d">[email protected]</span></a>, 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

[[Page 37296]]

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 tractor-trailer 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,

[[Page 37297]]

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 tractor-trailer 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

[[Page 37298]]

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 tractor-trailer 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 tractor-trailer 
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

[[Page 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 tractor-
trailer 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


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>