[Federal Register: April 29, 2003 (Volume 68, Number 82)]
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 149 individuals were denied
exemptions from the Federal vision standard 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 149 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 71 applicants lacked sufficient recent driving
experience over three years:
Barclay, Jr., Richard Goodway, David Reed, Donald
Bell, Johnny Halfhill, Tyrone Reichert, Daniel
Bonney, Stephen Harris, Clifford Reyes, Angelo
Bosanek, Theodore Hunter, Paul Reynolds, Thomas
Brown, Brian Ivie, Brent Ryan, Paul
Brown, Norman Jarvis, Monte Schaaf, James
Browning, Raymond Johnson, Terrell Severson, Carrie
Browning, Jr., John Kaufman, Chester Smith, James
Cadwell, Robert Keating, Carl Sosa, Freddy
Carleton, David Knox, Jr., Robert Steele, Duane
Carson, Roger Leitz, Jack Stout, David
Cerri, Phillip Majors, Jr., Stanley Taylor, Timothy
Chamblee, William Maloney, 3rd, John Thomas, Steven
Cheatham, Lonas Mannings, Christopher Thomason, Douglas
Clemons, Curtis Marancik, John Thompson, John C.
Crise, Duane Marple, Jay Toombs, Marvin
Davis, Jr., William Martin, Bradley Turenne, Gary
Denne, Kenneth Martin, George Turner, Roy
Fraas, Jr., Louis Melton, Charles Tuttle, Brian
Frazier, Wiley Moore, Timothy Wilkinson, Sonya
French, Russell Norton, Kenneth Williams, James
Gann, Jr., Floyd Pimentel, Luiz Wilson, Leonard
Garner, Sr., Anthony Pinard, Kregg Winters, Timothy
Gingery, Nelson Raby, Joel
One applicant, Mr. Jerry Ross, does 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 37 applicants do not have 3 years of experience
driving a CMV on public highways with the vision deficiency:
Bacon, Nick Huffman, Charles Pryor, Ronald
Barnes, Jesse Johnson, Daniel Savely, Danny
Cannon, Lawrence Jurgens, Merlyn Schneider, Clifford
Chase, Michael Martinez, Michael Slingerland, Gerrit
Cloose, James Maxwell, Brian Smallwood, Jody
Collins, Kurt McHugh, Jeanne Tharp, Dustin
Davis, John Montiel, Sr., Norbert Warren, Lynn
Doucette, Joshua Murray, Kevin Watson, Larry
Giffin, Richard Myron, James Whitson, Christopher
Gifford, Delbert Newman, Gordon Wilbur, Richard
Guenther, Christopher Parks, Sr., Benjamin Williams, Eddie
Harrison, Troy Peters, Ronald
Henson, Leon Pitner, Edward
Five applicants do not have 3 years recent experience driving a CMV
with the vision deficiency:
The following 8 applicants do not qualify because they were charged
with moving violation(s) in conjunction with CMV accident(s), which is
a disqualifying offense under the exemption criteria:
Davis, Sr., Eric
The following 4 applicants had more than two CMV moving violations
during a 3-year period or while the applications were pending. Each
applicant is only allowed two moving citations:
The following 8 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:
One applicant, Mr. Roger Keef, had two serious commercial motor
vehicle violations within the 3-year period. Each applicant is allowed
a total of two moving citations, of which only one can be serious.
One applicant, Mr. Thomas Jefferson, does not have verifiable proof
of commercial driving experience during a 3-year period under normal
highway operating conditions that would serve as an adequate predictor
of future safety performance.
The following 9 applicants were involved in CMV accidents in which
they contributed to the accident:
Thompson, John R.
One applicant, Mr. Limmie Sweet, does not hold a license which
allows operation of a CMV over 10,000 pounds gross vehicle weight
rating (GVWR) for all or part of the 3-year period.
One applicant, Mr. James Peterson, was denied for multiple reasons.
Finally, two applicants, James Baldwin, Sr. and Robert Holecek,
were denied because their vision had not been stable within the three-
Issued on: April 22, 2003.
Pamela M. Pelcovits,
Acting Associate Administrator for Policy and Program Development.
[FR Doc. 03-10449 Filed 4-28-03; 8:45 am]