[Federal Register: July 30, 2004 (Volume 69, Number 146)]
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 its denial of 81 applications from
individuals who requested an exemption 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 the vision
standard 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 motor vehicle
FOR FURTHER INFORMATION CONTACT: Ms. W. Teresa Doggett, Office of Bus
and Truck Standards and Operations, (MC- [[Page 45882]] PSD), (202) 366-2990, 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 381.305(a)).
Accordingly, FMCSA evaluated 81 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 than
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 42 applicants lacked sufficient recent driving
experience over three years:
Anagnostou, Hristodoulos G.
Anderson, Marvin E.
Beermann, Gary W.
Casson, Robert A.
Chandler, Bobby Lee
Davis, Bernice F.
DeZutel, Jr., Edmund F.
Dikkers, Kenneth J.
Dixon, Russell R.
Eckenroth, Ronald C.
Gruszecki, Ronald J.
Hetteroth, Anthony D.
Hildebrand, Todd A.
Holt, Lane D.
Houser, Leonard J.
Irwin, Ronald R.
Kosen, Lance B.
Kyle, Everett R.
Lopez, Jose A.
Luff, Timothy L.
Mackey, Ray C.
Mitchell, Allen R.
Mumaw, David P.
Norman, Anthony J.
Partridge, Gary S.
Pender, Scott W.
Rooker, Jr., John H.
Russler, James S.
Shirk, Dean R.
Thompson, Robert M.
Tucker, Raymond R.
VanWormer, John R.
Voltz, Jeffrey A.
Walker, Scott C.
Warren, Claude E.
Widener, Wallis G.
Wood, Nathen G.
Two applicants, Ms. Debra K. Anderson and Mr. David Williford, 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 15 applicants do not have 3 years of experience
driving a CMV on public highways with the vision deficiency:
Cardwell, David G.
Fitzgerald, David P.
Gamble, Charles E.
Gebhardt, Randy N.
Huelster, Randy L.
Lefew, Charlie H.
Presholt, David M.
Sowders, James R.
Storm, Stacey L.
Tart, Tony M.
White, James F. E.
Wolfe, Michael D.
The following 7 applicants do not have 3 years of recent experience
driving a CMV with the vision deficiency:
Clark, Sr., Freddie C.
Colvin, David L.
DeBruler, Gregory L.
Glaser, Harlan D.
Hall, Samuel D.
Leonard, Sr., Robert L.
Wallace, Billy G.
One applicant, Mr. Richard L. Gandee, does not need the exemption
because he meets the vision requirements of 49 CFR 391.41(b)(10).
The following 6 applicants' commercial drivers' 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
Green, Britt A.
Harris, Robert A.
Hilby, Glen G.
Ogburn, Will H.
The following 4 applicants contributed to a crash while operating a
CMV, which is a disqualifying offense.
Grubbs, Bobby D.
Jones, Harold D.
Risch, Michael J.
Two applicants, Mr. Dick A. Schwab and Mr. Edward K. Flood, did not
hold licenses which allow operation of a CMV over 10,000 pounds gross
vehicle weight rating for all or part of the 3-year period.
One applicant, Mr. Paul T. Breitigan, has a vision deficiency that
has been unstable during the 3-year period.
One applicant, Mr. John C. Mason, refused to provide required
documentation and therefore presented no verifiable 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.
Issued on: July 23, 2004.
Rose A. McMurray,
Associate Administrator for Policy and Program Development.
[FR Doc. 04-17412 Filed 7-29-04; 8:45 am]