[Federal Register: November 4, 2003 (Volume 68, Number 213)]
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 77 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 77 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 44 applicants lacked sufficient recent driving
experience over three years:
Atkins, Jr., Eugene
Baysinger, Joseph A.
Blackwell, Deryl C.
Bradford, Michael R.
Brown, Thomas D.
Diederich, Thomas E.
Doney, John M.
DuBois, Paul E.
Gellerman, Mark W.
Goucher, Newell D.
Knaack, John S.
Lydick, Eugene R.
McCormick, James M.
McKinney II, Roy J.
Murtha, Barry I.
Negulescu, Daniel S.
Parker, Rodney R.
Peck, Gregory A.
Peters, Randy W.
Pryor, Scott A.
Rabalais, Jason A.
Rissler, Wayne R.
Schwarzrock, Steve M.
Silbernagel, Warren T.
Somers, Michael E.
Stambaugh, Gary W.
Stoffel, James E.
Tyler, Mark D.
Walker, Ronald L.
Wallencheck, Ronald J.
Ware, Roy J.
Wilcox, William R.
Wilkinson, Sonya D.
Williams, Michael E.
Wos, Aloysius R.
Yoxall, Slade W.
The following 10 applicants do not have 3 years of experience
driving a commercial motor vehicle (CMV) on public highways with the
Clark, Edgar E.
Dinguss, Kenneth A.
Emerson, Craig M.
Lomison, James E.
Morgan, Tim R.
Roberson, Terry L.
Turner, Emerson J.
Vega, Rudolfo A.
Wollam, Robert J.
The following 5 applicants do not have 3 years recent experience
driving a CMV with the vision deficiency:
Carter, Jr., Jerry D.
Hilby, Glen G.
Johnson, Rufus R.
McCabe, William S.
One applicant, Mr. Gayle G. Olson, does not have sufficient
peripheral vision in the better eye to qualify for an exemption.
Four applicants' licenses were 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:
Gooden, Sr., Ernest H.
Hyatt, William D.
Keller, Clarence R.
Rodriquez, Erik J.
The following 7 applicants contributed to accidents in which
applicants were operating a CMV. Applicants contributing to an accident
during the 3-year period are disqualified for an exemption.
Biller, Michael R.
Cameron, George C.
McAlheney, Leland K.
Mero, Garth R.
Paschal, Eddie L.
Sandlin, Dwayne L.
Small, Edward F.
Four applicants do not hold licenses that allow operation of
vehicles over 10,000 pounds for all or part of the 3-year period:
Compton, Jeffrey C.
Ives, Bobby J.
Jones, Elmer C.
McKneely, Ellis T.
Finally, 2 applicants, Mr. Juan Aldama and Mr. Zibbie Lee Dawsey
were denied vision exemptions for multiple reasons.
Issued on: October 28, 2003.
Pamela M. Pelcovits,
Acting Associate Administrator for Policy and Program Development.
[FR Doc. 03-27608 Filed 11-3-03; 8:45 am]