
[Federal Register: December 22, 2009 (Volume 74, Number 244)]
[Notices]               
[Page 68095-68097]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22de09-83]                         

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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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[[Page 68096]]

SUMMARY: FMCSA announces its denial of 92 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 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.'' The procedures for requesting an exemption 
are set out in 49 CFR part 381.
    Accordingly, FMCSA evaluated 92 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 15 applicants lacked sufficient driving experience 
during the 3-year period prior to the date of their application:

Jeffrey L. Allen
Malcom Celestine
Dennis R. Davidson
Michael S. Dawson
Craig D. Delph
William J. Gibson
Dennis H. Heller
Cierra L. Jones
Roberto Lozano
Stephen V. May
Bernard Sippin
Mark L. St. Clair
Vince A. Thompson
Gregory J. Tipton
Floyd L. Williams

    The following 10 applicants did not have any experience operating a 
CMV:

Earl Bellfield, Jr.
Terisa Billings
Jeffrey T. Christman
Diane E. Cuttler
William Goodman, II
Randy Hoffman
Caroline W. Ngere
Jose M. Orosco
Wendell D. Risser
Gerald Simms

    The following 21 applicants did not have 3 years of experience 
driving a CMV on public highways with the vision deficiency:

Don R. Alexander
Kenneth Bilby
Quinton L. Bobo, Sr.
Steven Bruehling
Alberto Cano
Christopher W. Craine
Mark W. Crocker
Tracy Y. Davis
Robin L. Dothager
Carl Fenner
Kent Gilkerson
Shawn M. Gregory
Perry J. Harris
Johnny L. Johnson
Kevin J. Keegan
Ernest K. Kerezi
Edward F. Lindey, Jr.
Shawna M. Morris
Wesley C. Randall
Talmadge O. Rutherford
Gary Zoffada

    The following 8 applicants did not have 3 years of recent 
experience driving a CMV with the vision deficiency:

Barry Barker
Jack Evans
Michael R. Garcia
Ivan M. Hanna
Keith D. Kleen
Tom E. Slavens
Carol P. Terry
Douglas W. Turner

    The following 13 applicants did not have sufficient driving 
experience over the past 3 years under normal highway operating 
conditions:

Charles L. Alsager, Jr.
Roger J. Boggs
Terry Y. Braxton
Nathan C. Clements
Rogelio Garcia
Brian E. Goodwin
Jimmy L. Herron
Darold D. Johnston
Frederick A. Kolmorgen
David J. Overweg
Rick L. Robins
Robert A. Rose
Jesus R. Torres

    One applicant, Thomas L. Matheny, 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, Michael A. Terry, has other medical conditions 
making him unqualified under Federal Motor Carrier Safety Regulations. 
All applicants must meet all other physical qualifications standards in 
49 CFR 391.41(b)(1-13).
    The following 4 applicants had commercial driver's license 
suspensions during the 3-year review period in relation to a moving 
violation. Applicants do not qualify for an exemption with a suspension 
during the 3-year period:

John P. Crawford
Randy Fielder
Brandon L. McBride, Sr.
Jason L. Meeks

    Two applicants, Leland P. Armstrong and Bobbie Evans, did not hold 
a license which allowed operation of vehicles over 10,000 pounds for 
all or part of the 3-year period.
    One applicant, Jerry W. Thompkins, did not have an Optometrist/
Ophthalmologist willing to state that he is able to operate a 
commercial vehicle from a vision standpoint.
    The following 10 applicants were denied for miscellaneous/multiple 
reasons:

Macario Escarcega
Steven M. Guy
Jim Kaiser
Richard G. Lyon
Teresa L. Miller
Floyd D. Prater
Jaime Roman
Joseph M. Taylor
Michael J. Whitesell
Richard L. Wilson

    Two applicants, Roger B. Doolin and Mark P. Huemann, were 
disqualified because their vision was not stable for the entire three-
year review period.
    Finally, the following 4 applicants met the current federal vision 
standards. Exemptions are not required for applicants that meet the 
current regulations for vision:

Patricia Duncan
Michael A. Sherbourne
Robert J. Snowden, Jr.
Michael T. Thompson


[[Page 68097]]


    Issued on: December 15, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-30343 Filed 12-21-09; 8:45 am]

BILLING CODE 4910-EX-P
