
[Federal Register: December 8, 2008 (Volume 73, Number 236)]
[Notices]               
[Page 74562-74563]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08de08-109]                         

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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.

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SUMMARY: FMCSA announces its denial of 112 applications from 
individuals who requested an exemption from the Federal vision standard 
applicable to interstate truck and bus drivers and the reasons for the 
denials. FMCSA has statutory authority to exempt individuals from the 
vision requirement 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 be equivalent to, or greater 
than, the level of safety maintained without the exemptions for these 
commercial motor vehicle (CMV) drivers.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director Medical 
Programs, 202-366-4001, U.S. Department of Transportation, FMCSA, 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 
from the Federal vision standard for a renewable two-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.'' The procedures for requesting an exemption 
are set out in 49 CFR part 381.
    Accordingly, FMCSA evaluated 112 individual exemption requests on 
their merits and made a determination that these applicants do not 
satisfy the criteria eligibility or meet the terms and conditions of 
the Federal exemption program. Each applicant has, prior to this 
notice, received a letter of final disposition on his/her 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 reasons for denials.
    The following 13 applicants lacked sufficient driving experience 
during the three-year period prior to the date of their application:

Cehic, Muhamed
Emerson, Mark S.
Englis, James C.
Evans, Ronald P.
Fiddler, Eddie W.
Mears, Allan
Moon, Robert F.
Odom, Roy
Rugg, Thomas I.
Seyfried, Jr., William J.
Smith, Jr., Fornum J.
Sooy, Donna A.
Vanlier, James A.

The following 12 applicants did not have any experience operating a 
CMV.

Bomholt, Scott P.
Bradshaw, Owen D.
Fanton, Arthur
Garcia, Adrian
Kayvani, Ali A.
McEntee, Robert O.
Phinney, Michael S.
Romo, Manuel
Shoebridge, Nicholas R.
Solis, Rafael P.
Watson, Jeffrey K.
Youngblood, Justin P.

    The following 19 applicants did not have 3 years of experience 
driving a CMV on public highways with the vision deficiency.

Bennett, Gerlad W.
Buderus, Dusty L.
Doolin, Roger B.
Frasier, Jason A.
Garcia, Francisco J.
Irving, Johnny L.
Jamal, Azizi A.
Kalenbaugh, Matthew C.
Klaska, Andrew C.
Larrow, Todd P.
Lawhorn, Larry D.
Long, Tina Y.
Luterbach, Douglas D.
Miller, James C.
Morales, David O.
Phillips, William E.
Richards, Jr., Joel
Rusin, Adam A.
Wilson, Jr., Thomas C.

    The following 7 applicants did not have 3 years of recent 
experience driving a CMV with the vision deficiency.

Coffield, James J.
Czyz, Jean E.
Karow, Kevin G.
Klatt, Michael A.
Mieszala, Mark D.
Pena, Gonzalo
Snyder, Jr., Raymond L.

    The following 21 applicants did not have sufficient driving 
experience over the past 3 years under normal highway operating 
conditions.

Bothwell, Robert L.
Covert, LyDale M.
Dosher, Jacob F.
Dugger, William W.
Greene, James P.
Gunn, Aubrey D.
Haman, Darin E.
Hillsman, Archie C.
Jackson, Donald E.
Lachney, Shelton R.
Marks, Michael D.
Martell, Yandy H.
Mast, Jennifer E.

[[Page 74563]]

Mathews, Keith D.
Motes, Marvin L.
Perrotta, Andrew C.
Picray, Jerald A.
Powell, James R.
Robertson, Kyle E.
Terry, Charles A.
White, Keith J.

    The following 6 applicants had commercial driver's license 
suspensions during the three-year review period in relation to a moving 
violation. Applicants do not qualify for an exemption with a suspension 
during the three-year period.

Baillargeon, David L.
Nieves, Julio
Pete, Freddy H.
Shoemaker, Stephen K.
Taflinger, Sr., James B.
Torzon, Martin R.

    One applicant, Gary E. Lathrop, did not have verifiable proof of 
commercial driving experience over the past 3 years under normal 
highway operating conditions that would serve as an adequate predictor 
of future safe performance.
    One applicant, Randy A. Miller, did not demonstrate the level of 
safety required for interstate driving.
    The following 5 applicants did not hold a license which allowed 
operation of vehicles over 10,000 pounds for all or part of the three-
year period.

Bowman, Bruce E.
Boyce, Lennie J.
Gaines, Wilfred M.
Schmidt, Ronald D.
Steed, Marion D.

    The following 9 applicants were denied for miscellaneous/multiple 
reasons.

Branham, Danny C.
Dinan, Patrick D.
Ellis, James
Holiday, Ryan L.
Hollister, Kevin B.
Norland, Anthony P.
Wellman, Carl F.
Westerbeck, Randolph A.
Whitehouse, Jayson M.

    Two applicants, James O. Cook and Mark R. Kiser, were disqualified 
because their vision was not stable for the entire three-year review 
period.
    One applicant, Mark G. Hurley, was a Canadian applicant.
    Finally, the following 15 applicants met the current federal vision 
standards. Exemptions are not required for applicants that meet the 
current regulations for vision.

Adamire, Sr., Charles W.
Alvarez, Oscar O.
Blair, George E.
Denman, Irvin L.
Devine, David S.
Doucette, Joshua P.
Elbon, Richard L.
Guerrero, Alfonso
Jenkins, Jeannette D.
Kraft, Michael A.
Pruett, Jeffrey W.
Rose, Darryl W.
Thatcher, Dick J.
Thomas, Raymond L.
Watson, Norman J.

    Issued on: November 28, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
 [FR Doc. E8-28942 Filed 12-5-08; 8:45 am]

BILLING CODE 4910-EX-P
