[Federal Register: January 13, 2010 (Volume 75, Number 8)]
[Notices]
[Page 1835-1839]
[DOCID:fr13ja10-114]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket ID. FMCSA-2009-0321]

Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemptions; request for comments.

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SUMMARY: FMCSA announces receipt of applications from 33 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 February 12, 2010.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2009-0321 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 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://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs,<PHONE_NUMBER><EMAIL_ADDRESS>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 33 individuals listed in this
notice have each 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 an exemption will achieve
the required level of safety mandated by statute.

Qualifications of Applicants

Bradley T. Alspach

    Mr. Alspach, age 50, 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
ophthalmologist noted, ``In my opinion, he has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Alspach reported that he has driven straight trucks for 16 years,
accumulating 332,800 miles, and buses for 7 months, accumulating 2,625
miles. He holds a Class B Commercial Driver's License (CDL) from
Illinois. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.

William M. Arbogast

    Mr. Arbogast, 58, has a macular scar in his left eye due to a
traumatic injury sustained in 1968. The best corrected visual acuity in
his right eye is 20/20 and in his left eye, 20/1600. Following an
examination in 2009, his optometrist noted, ``It is my opinion that Mr.
Arbogast has sufficient vision to safely drive and operate a commercial
vehicle.'' Mr. Arbogast reported that he has driven straight trucks for
40 years,

accumulating 900,000 miles, and tractor-trailer combinations for 30
years, accumulating 675,000 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 E. Cain

    Mr. Cain, 59, has a retinal detachment in his left eye due to a
traumatic injury sustained as a child. The best corrected visual acuity
in his right eye is 20/20 and in his left eye, light perception only.
Following an examination in 2009, his optometrist noted, ``In my
medical opinion, Mr. Cain has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Cain reported
that he has driven straight trucks for 28 years, accumulating 350,000
miles. He holds a Class B CDL from New Mexico. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.

Terry A. Crites

    Mr. Crites, 41, has had refractive amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/20 and in his left
eye, 20/200. Following an examination in 2009, his optometrist noted,
``Mr. Terry Crites in my medical opinion has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Crites reported that he has driven tractor-trailer trucks for 18
years, accumulating 1.4 million miles. He holds a Class A CDL from West
Virginia. His driving record for the last 3 years shows no crashes and
two convictions for moving violations in a CMV. In one instance, he
exceeded the speed limit by 4 mph and in the other, by 16 mph.

Daniel M. Cannon

    Mr. Cannon, 35, has had glaucoma in his right eye since birth. The
visual acuity in his right eye is light perception only and in his left
eye, 20/15. Following an examination in 2009, his optometrist noted,
``It is my opinion that Daniel has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Cannon
reported that he has driven straight trucks for 11 years, accumulating
16,500 miles. He holds a Class B CDL from Oregon. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.

Eugene Contreras

    Mr. Contreras, 68, has corneal scarring in his left eye due to
trauma sustained as a child. The best corrected visual acuity in his
right eye is 20/20 and in his left eye, 20/400. Following an
examination in 2009, his ophthalmologist noted, ``It is my opinion that
Mr. Contreras does have sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Contreras reported that
he has driven buses for 8 years, accumulating 16,000 miles. He holds a
Class B CDL from New Mexico. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.

Curtis J. Crowston

    Mr. Crowston, 44, has a prosthetic left eye due to a traumatic
injury sustained in 1996. The visual acuity in his left eye is 20/50.
Following an examination in 2009, his optometrist noted, ``In my
opinion, based on his monocular standing of visual acuity, color
vision, and visual field testing, that Curtis has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Crowston reported that he has driven straight trucks for 6 years,
accumulating 180 miles, and tractor-trailer combinations for 5 years,
accumulating 100,000 miles. He holds a Class A CDL from North Dakota.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.

Jim L. Davis

    Mr. Davis, 54, has complete loss of vision in his right eye due to
a traumatic injury sustained during childhood. The best corrected
visual acuity in his left eye is 20/20. Following an examination in
2009, his optometrist noted, ``It was my opinion that Mr. Davis had
sufficient vision to perform the tasks required to drive a commercial
vehicle.'' Mr. Davis reported that he has driven straight trucks for 5
years, accumulating 650,000 miles, and tractor-trailer combinations for
2 years, accumulating 100,000 miles. He holds a Class B CDL from New
Mexico. His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.

Clifford W. Doran, Jr.

    Mr. Doran, 49, has a macular scar in his left eye due to ocular
histoplasmosis syndrome. The best corrected visual acuity in his right
eye is 20/15 and in his left eye, 20/300. Following an examination in
2009, his ophthalmologist noted, ``His vision is best corrected and he
is doing fine and I think he is okay to be able to drive a commercial
vehicle because of his good peripheral vision in both eyes.'' Mr. Doran
reported that he has driven straight trucks for 8 months, accumulating
40,000 miles, and tractor-trailer combinations for 20 years,
accumulating 1 million miles. He holds a Class A CDL from North
Carolina. His driving record for the last 3 years shows no crashes and
two convictions for speeding in a CMV. In both instances, he exceeded
the speed limit by 9 miles per hour (mph).

Daniel W. Doshier

    Mr. Doshier, 61, has aphakia in his right eye due to a traumatic
injury sustained at age 17. The best corrected 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 Mr. Doshier is
visually able to perform any commercial driving tasks that he may be
asked to do.'' Mr. Doshier reported that he has driven straight trucks
for 4 years, accumulating 36,000 miles. He holds a Class B CDL from
Arkansas. 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 15
mph.

Charles L. Dunn

    Mr. Dunn, 43, has had retinal detachment in his right eye since
1999. The best corrected visual acuity in his right eye is hand-motion
vision and in his left eye, 20/15. Following an examination in 2009,
his optometrist noted, ``In my opinion, Mr. Dunn has sufficient vision
to perform the driving tasks required to operate a commercial vehicle
at this time.'' Mr. Dunn reported that he has driven straight trucks
for 8[frac12] years, accumulating 743,750 miles, and tractor-trailer
combinations for 20 years, accumulating 1.7 million miles. He holds a
Class A CDL from Oklahoma. His driving record for the last 3 years
shows no crashes and two convictions for speeding in a CMV. In one
instance, he exceeded the speed limit by 10 mph and in the other by 12
mph.

Andrew G. Fornsel

    Mr. Fornsel, 46, has complete loss of vision in his right eye due
to phtitesis bulbi caused by a traumatic injury sustained 39 years ago.
The visual acuity in his left eye is 20/20. Following an examination in
2009, his optometrist noted, ``It is my professional opinion that Mr.
Andrew Fornsel has sufficient vision to perform any and all the driving
tasks required to operate a commercial vehicle.'' Mr. Fornsel reported
that he has driven straight trucks for 25 years, accumulating 750,000
miles, and tractor-trailer combinations for 20 years, accumulating 1
million 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.

Jamie L. French

    Mr. French, 45, has a macular scar in his right eye due to
toxoplasmosis which occurred in 1999. The visual acuity in his right
eye is 20/200, and in his left eye, 20/20 . Following an examination in
2009, his ophthalmologist noted, ``In my opinion, Mr. French has vision
that is sufficient to perform the driving tasks required to operate a
commercial vehicle.'' Mr. French reported that he has driven straight
trucks for 2[frac12] years, accumulating 77,500 miles, and tractor-
trailer combinations for 13 years, accumulating 540,800 miles. He holds
a Class A CDL from North Carolina. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.

Archie C. Hillsman

    Mr. Hillsman, 56, has complete loss of vision in his left eye due
to a traumatic injury sustained during childhood. The best corrected
visual acuity in his right eye is 20/20. Following an examination in
2009, his optometrist noted, ``Archie's vision is sufficient to perform
the driving tasks required to operate a commercial vehicle.'' Mr.
Hillsman reported that he has driven straight trucks for 4 years,
accumulating 40,000 miles, and tractor-trailer combinations for 5\1/2\
years, accumulating 343,750 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.

Amos W. Hulsey

    Mr. Hulsey, 42, has complete loss of vision in his right eye since
birth. The visual acuity in his left eye is 20/20. Following an
examination in 2009, his optometrist noted, ``It is my opinion that if
Mr. Hulsey meets the standard requirements for the U.S. Department of
Transportation Safety Administration, he does have sufficient vision in
the left eye to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Hulsey reported that he has driven straight
trucks for 5 years, accumulating 250,000 miles, and tractor-trailer
combinations for 6 years, accumulating 420,000 miles. He holds a Class
D operator's license from Alabama. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.

Guy A. Lanham

    Mr. Lanham, 47, has had complete loss of vision in his right eye
due to a corneal ulcer diagnosed in 2003 and two failed corneal
transplants. The visual acuity in his left eye is 20/20. Following an
examination in 2009, his optometrist noted, ``It is my professional
opinion that Mr. Lanham has sufficient vision to perform driving tasks
required to operate a commercial vehicle.'' Mr. Lanham reported that he
has driven straight trucks for 3 years, accumulating 72,000 miles, and
tractor-trailer combinations for 12 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 one conviction for speeding in a CMV.
He exceeded the speed limit by 20 mph.

Glenn Lewis

    Mr. Lewis, 41, has had amblyopia in his right eye since birth. The
best corrected visual acuity in his right eye is 20/70 and in his left
eye, 20/20. Following an examination in 2009, his optometrist noted,
``In my opinion, from past performance and the current vision
situation, Glenn should still be able to operate a commercial vehicle
effectively for his employment, just as he has done for the past 12
years.'' Mr. Lewis reported that he has driven straight trucks for 15
years, accumulating 3 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

James M. McCormick

    Mr. McCormick, 42, has had amblyopia in his right eye since birth.
The best corrected visual acuity in his right eye is 20/60 and in his
left eye, 20/15. Following an examination in 2009, his ophthalmologist
noted, ``I do believe he is capable of safely operating a commercial
motor vehicle in interstate commerce with his current vision.'' Mr.
McCormick reported that he has driven straight trucks for 15 years,
accumulating 75,000 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.

Shane W. Mincey

    Mr. Mincey, 38, has corneal scarring in his right eye due to a
traumatic injury sustained as a child. 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 medical opinion, I
feel Shane has sufficient vision to operate a commercial vehicle
safely.'' Mr. Mincey reported that he has driven straight trucks for 4
years, accumulating 120,000 miles. He holds a Class D operator's
license from Alabama. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

Millard F. Neace, II

    Mr. Neace, 36, has a retinal detachment in his left eye which
occurred in 1996. 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, ``Due to the stable chronic condition of his left
eye, he has sufficient vision to operate a commercial vehicle.'' Mr.
Neace reported that he has driven straight trucks for 3 years,
accumulating 216,000 miles, and tractor-trailer combinations for 4
years, accumulating 280,000 miles. He holds a Class A CDL from West
Virginia. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.

Frank L. Ortolani

    Mr. Ortolani, 56, has had amblyopia 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, ``Although he may not have good central snellen visual acuity in
the right eye, he does maintain normal peripheral visual fields which
is sufficient to perform the driving test required to operate a
commercial vehicle.'' Mr. Ortolani reported that he has driven straight
trucks for 15 years, accumulating 375,000 miles. He holds a Class B CDL
from Ohio. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.

Paul D. Prillaman

    Mr. Prillaman, 47, has a prosthetic left eye due to corneal
dystrophy which began as a child. The visual acuity in his right eye is
20/20. Following an examination in 2009, his ophthalmologist noted,
``It is my professional medical opinion that Mr. Prillaman does have
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Prillaman reported that he has driven
straight trucks for 31 years, accumulating 1.7 million 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.

Scott A. Randol

    Mr. Randol, 50, has had a cataract in his right eye since birth.
The visual acuity in his right eye is 20/70, and in his left eye, 20/
20. Following an examination in 2009, his optometrist noted, ``In my
medical opinion, Mr. Randol has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Randol
reported that he has driven straight trucks for 30 years, accumulating
300,000 miles, and tractor-trailer combinations for 30 years,
accumulating 300,000 miles. He holds a Class A CDL from Missouri. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.

Samuel E. Rees

    Mr. Rees, 43, has a corneal scar in his right eye which occurred in
2004. The best corrected visual acuity in his right eye is 20/60 and in
his left eye, 20/20. Following an examination in 2009, his optometrist
noted, ``Mr. Rees should have no visual problem operating a commercial
vehicle.'' Mr. Rees reported that he has driven straight trucks for 10
years, accumulating 400,000 miles. He holds a Class A CDL from Arizona.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.

Danny L. Rolfe

    Mr. Rolfe, 43, has retinal detachment in his right eye due to a
traumatic injury sustained at age 18. The best corrected visual acuity
in his left eye is 20/20. Following an examination in 2009, his
optometrist noted, ``From a vision perspective, I don't see any
limitation to Dan's demonstrated ability to safely drive and operate
commercial vehicles, it is my opinion that he is seeing adequately to
continue driving.'' Mr. Rolfe reported that he has driven straight
trucks for 25 years, accumulating 125,000 miles, and tractor-trailer
combinations for 23 years, accumulating 1.2 million miles. He holds a
Class A CDL from Maine. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.

Miguel A. Sanchez

    Mr. Sanchez, 33, has had amblyopia in his right eye since
childhood. 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 medical opinion Miguel has sufficient vision
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Sanchez reported that he has driven straight trucks for
8 years, accumulating 28,800 miles, and tractor-trailer combinations
for 7 years, accumulating 25,200 miles. He holds a Class B CDL from New
Mexico. His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.

Dennis R. Schneider

    Mr. Schneider, 70, has had amblyopia 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, Dennis has the visual ability to perform the
driving tasks of a commercial vehicle.'' Mr. Schneider reported that he
has driven straight trucks for 53 years, accumulating 31,800 miles, and
buses for 46 years, accumulating 253,000 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 D. Stevens

    Mr. Stevens, 47, has had amblyopia in his right eye since birth.
The best corrected visual acuity in his right eye is 20/70, and in his
left eye, 20/20. Following an examination in 2009, his ophthalmologist
noted, ``In my medical opinion, the patient has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Stevens reported that he has driven tractor-trailer combinations
for 9 years, accumulating 144,000 miles. He holds a Class A CDL from
Michigan. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.

Thomas G. Tomasiewicz

    Mr. Tomasiewicz, 63, has had amblyopia 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, ``I do certify that this patient, Thomas
Tomasiewicz, has sufficient visual abilities, in regard to acuity and
visual field, to perform the task of driving and operating a commercial
vehicle.'' Mr. Tomasiewicz reported that he has driven straight trucks
for 3 years, accumulating 150,000 miles. He holds a Class C operator's
license from Illinois. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

James E. Vickery

    Mr. Vickery, 39, 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, 20/50. Following an examination in 2009, his optometrist noted,
``In my medical opinion, Mr. Vickery has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr.
Vickery reported that he has driven tractor-trailer combinations for 4
years, accumulating 208,000 miles. He holds a Class A CDL from
Kentucky. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.

Billy R. Wilkey

    Mr. Wilkey, 63, has had amblyopia 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 ophthalmologist
noted, ``Mr. Wilkey's vision is sufficient to continue operating a
commercial motor vehicle, in my opinion.'' Mr. Wilkey reported that he
has driven straight trucks for 21 years, accumulating 168,000 miles,
and tractor-trailer combinations for 21 years, accumulating 168,000
miles. He holds a Class A CDL from Texas. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.

James H. Williams, Jr.

    Mr. Williams, 62, has had retinal detachment in his left eye due to
a traumatic injury sustained in 1985. The best corrected visual acuity
in his right eye is 20/25 and in his left eye, 20/200. Following an
examination in 2009, his optometrist noted, ``I do believe that Mr.
Williams has sufficient visual field in his left eye that will not
hinder his capability for driving. His right eye has been trained to
compensate for the blur straight ahead. I do recommend yearly testing
to follow his condition and capabilities.'' Mr. Williams reported that
he has driven straight trucks for 5 years, accumulating 150,000 miles,
and tractor-trailer combinations for 35 years, accumulating 2.6 million
miles. He holds a Class A CDL from Wisconsin. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.

Reginald J. Wuethrich

    Mr. Wuethrich, 46, has a prosthetic right eye due to a traumatic
injury sustained in 1982. The best corrected visual acuity in his left
eye is 20/15. Following an examination in 2009, his ophthalmologist
noted, ``In my opinion, given the long standing and stable nature of
his visual condition, there is no reason for him to be unable to
perform the duties associated with

operating a commercial vehicle.'' Mr. Wuethrich reported that he has
driven straight trucks for 26 years, accumulating 78,000 miles, and
tractor-trailer combinations for 26 years, accumulating 520,000 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.

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 February 12, 2010. 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: January 6, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-412 Filed 1-12-10; 8:45 am]
BILLING CODE 4910-EX-P