[Federal Register: June 11, 2003 (Volume 68, Number 112)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of denials.
SUMMARY: The FMCSA announces that 41 individuals were denied exemptions
from the Federal vision standards applicable to interstate truck
drivers and the reasons for the denials. The FMCSA has statutory
authority to exempt individuals from vision standards if the exemptions
granted will not compromise safety. The agency has concluded that
granting these exemptions does not provide a level of safety that will
equal or exceed the level of safety maintained without the exemptions
for these commercial drivers.
FOR FURTHER INFORMATION CONTACT: Sandra Zywokarte, Office of Bus and
Truck Standards and Operations, (MC-PSD), 202-366-2987, Department of
Transportation, FMCSA, 400 Seventh Street, SW., Washington, DC 20590-
0001. Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday
through Friday, except Federal holidays.
Under 49 U.S.C. 31315 and 31136(e), FMCSA may grant an exemption
from the Federal vision standard for a renewable 2-year period if it
finds such an exemption would likely achieve a level of safety that is
equivalent to, or greater than, the level that would be achieved absent
such an exemption. (49 CFR 391.41(b)(10))
Accordingly, FMCSA evaluated 41 individual exemption requests on
their merits and made a determination that these applicants do not
satisfy the criteria established to demonstrate that granting an
exemption is likely to achieve an equal or greater level of safety that
exists without the exemption. Each applicant has, prior to this notice,
received a letter of final disposition on his/her individual exemption
request. Those decision letters fully outlined the basis for the denial
and constitute final agency action. The list published today summarizes
the agency's recent denials as required under 49 U.S.C. 31315(b)(4) by
periodically publishing names and reason for denials.
The following 25 applicants lacked sufficient recent driving
experience over three years: Becotte, Richard; Bodiford, Jr., Cecil;
Cavendar, David; Clegg, Jr., Henry; Davidson, Donald; Day, Larry;
Floyd, Jack; Harper, Norman; Herrboldt, Nathan; Johnson, Robert; Jones,
Joe; Longcrier, Michael; McCandless, Jr., William; Petersen, Christian;
Petty, Clarence; Phipps, Gary; Reed, Donna; Rosborough, Franklin;
Russell, Michael; Shanks, Jr., Willis; Shaw III, Sam; Sheibley, Thomas;
Wehner, Peter; Winters, Johnny; Young, Ronald.
Three applicants, Mr. Randall Benson, Ms. Darrlyn Price, and Mr.
Steven Risley, do not have experience operating
a commercial motor vehicle (CMV) and therefore presented no evidence
from which FMCSA can conclude that granting the exemption is likely to
achieve a level of safety equal to that existing without the exemption.
The following 6 applicants do not have 3 years of experience
driving a CMV on public highways with the vision deficiency: Dean,
Joseph; DiPasqua III, Louis; Kirkland, Willie; Osborne, Hudson;
Pittman, Larry; Storm, Stacey.
Four applicants do not have 3 years recent experience driving a CMV
with the vision deficiency: Gerdes, Donald; Webb, William; Moates,
Tommy; Thompson, Ronald.
One applicant, Mr. Robert Aurandt, had more than two CMV moving
violations during a 3-year period or while the application was pending.
Each applicant is only allowed two moving citations.
One applicant, Mr. William Whitson, license was suspended during
the 3-year period because of a moving violation. Applicants do not
qualify for an exemption with a suspension during the 3-year period.
One applicant, Mr. Kenneth Walker, had two serious CMV violations
within the 3-year period. Each applicant is allowed a total of two
moving citations, of which only one can be serious.
Issued on: June 6, 2003.
Pamela M. Pelcovits,
Acting Associate Administrator for Policy and Program Development.
[FR Doc. 03-14696 Filed 6-10-03; 8:45 am]