
[Federal Register: April 6, 2009 (Volume 74, Number 64)]
[Notices]               
[Page 15583-15584]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06ap09-151]                         

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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, fmcsamedical@dot.gov, FMCSA, Department of 
Transportation, 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 14 applicants lacked sufficient driving experience 
during the 3-year period prior to the date of their application:

Richard L. Bilby
Phillip J. Collova
Layne Coscorrosa
Craig D. Delph
Jerry L. Gray
Daniel Hill
Matthew B. Lairamoe
James F. McMahon, Jr.
Gary R. Morgan
Dale E. Schoettmer
Jack Skaw
Edward S. Stout
Kenneth D. Summers
George R. Van Gelder

    The following 11 applicants did not have any experience operating a 
CMV.

Joey J. Abney
Amy J. Armstrong
Anthony W. Armstrong
James Bay
John H. Beenenga
Leo M. Lampinen
Rod Mosby
Andrea R. Piatz
Litter Rivera
Sirrane Traylor
Plato Watkins

    The following 22 applicants did not have 3 years of experience 
driving a CMV on public highways with the vision deficiency.

Dylan T. Arndt
Fred R. Ballard, Jr.
Dwight A. Bennett
Walter Crean, III
James E. Creswell
Chris Croteau
Jerold D. Endress
Alvaro Esparza
James L. Gordon
Jerry N. Greear
Semir Husnic
Edward Kimpel
Daryl C. Lenz
Robert D. Lotz
Guy E. McCraw
Eric R. Mills
Rodney Richardson
Matthew N.D. Robbins
Temistocles E. Sanchez
Thomes L. Steinbach
Glenn R. Theis
Gary E. Valentine

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

Leonard C. Jackson
Larry S. Keith
Oliver A. Murphy
Herbert Recore, Jr.
William Rogers
Jeffery C. Stokes
Lyndon W. Williams

    The following 19 applicants did not have sufficient driving 
experience over the past 3 years under normal highway operating 
conditions.

Danny F. Ahlgren
Ronald Bishop
James W. Carpenter
Travis M. Christian
Sean Conorman
John Doyle
Herman Froehle
Steven H. Harris
Jason L. Hoovan
Jeffrey D. Huckle
Ronald L. Kitchens
Larry P. Magrath
Jame R. Salsgiver
Eric C. Sevier
Claude L. Snider, Sr.
Ronald C. Stringfellow
Douglas E. Weld
Scott Westphal
Casey Willis, Jr.

    Two applicants, Martin L. Bailey and Darrol W. Rippee, had more 
than 2 commercial motor vehicle violations during the 3-year review 
period and/or application process. Each applicant is only allowed 2 
moving citations.
    One applicant, Joseph Ivey, did not have sufficient peripheral 
vision in his better eye to qualify for an exemption.
    The following 7 applicants had commercial driver's license 
suspensions during the 3-year review period in

[[Page 15584]]

relation to a moving violation. Applicants do not qualify for an 
exemption with a suspension during the 3-year period.

Gary Alvarez
Giovanni Cerino
Robert O. Dolphin
Todd Gilliam
Paul H. Glowinski
Ranjodh Singh
Stephen Whitt

    One applicant, Robert D. Crumb, had 2 serious commercial motor 
vehicle violations within a 3-year period. Each applicant is only 
allowed a total of 2 moving violations, 1, which can be serious.
    One applicant, Charles H. Allen, 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, Justin M. Pool, did not hold a license which allowed 
operation of vehicles over 10,000 pounds for all or part of the 3-year 
period.
    The following 9 applicants were denied for miscellaneous/multiple 
reasons.

John P. Atkinson
Randy S. Benitez
Kevin Byrd
Gary M. Eggers
Bradley C. Hansell
Randall E. Harnack
Owen E. Jackson
Valentino Parker
Dustin A. Wilson

    The following 4 applicants never submitted the required documents.

James R. Blair
Charles V. Fitzgerald
Herman Gray
Norman Patterson

    Finally, the following 13 applicants met the current federal vision 
standards. Exemptions are not required for applicants that meet the 
current regulations for vision.

Jose F. Armenta
Carlos R. Cordova
Frederick L. Feyen
Kenneth A. Keen
Diana L. Martin
Freddie B. Mills
James W. Mize, Sr.
James A. Shearin
Oliver Smith
Kenneth L. Sutphin
Kenneth C. Thornton
Edward Werling
Leroy C. Williams


    Issued on: March 27, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-7560 Filed 4-3-09; 8:45 am]

BILLING CODE 4910-EX-P
