[Federal Register Volume 68, Number 82 (Tuesday, April 29, 2003)]
[Pages 22767-22768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10449]



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:

[[Page 22768]]

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:

Camara, Mamadou
Little, Edward
Prentice, Nugent
Raatz, Richard
Randkin, David

    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:

Burke, Thomas
Davis, Sr., Eric
Margison, Samson
Milner, Robert
Mohr, James
Peters, Nathaniel
Potter, Douglas
Robinson, Bill

    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:

Hahn, George
McCone, Steve
Menken, David
Pasillas, Victor

    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:

Cuddy, Randy
Eyre, Duane
Leffler, Terry
Melssen, Jeffrey
Phillips, Howard
Rosales, Guillermo
Shrewsbury, William
Williams, Jack

    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:

Benitez, Randy
Johnson, James
McFall, Norma
Rawson, Merlyn
Sanchez, Luis
Thompson, John R.
Turpaud, Robert
Wilson, Calvin
Yocum, Paul

    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-
year period.

    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]