[Federal Register Volume 69, Number 52 (Wednesday, March 17, 2004)]
[Notices]
[Pages 12732-12733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6031]


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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: The FMCSA announces its denial of 43 applications from 
individuals who requested an exemption from the Federal vision 
standards 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 motor 
vehicle drivers.

FOR FURTHER INFORMATION CONTACT: Ms. 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.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31315 and 31136(e), FMCSA may grant an exemption 
from the Federal vision standards 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 43 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 20 applicants lacked sufficient recent driving 
experience over three years:

Allen, Percy B.
Bacon, Nick D.
Clifton, Jr., Raymond E.
Coleman, Jerry D.
Hallwachs, Jerry
Hansen, Michael P.
Hardee, Richard G.
Henson, Richard M.
Hillman, Robert
Hoefner, Patrick L.
King, William J.
Levine, Martin L.
McEntyre, William C.
Meyer, Fred G.
Osuna, Jorge L.
Pierce, Jr., Charles E.
Reynolds, Glennis R.
Sharp, Ronald L.
Weeks, David N.
Whitlow, Jr., Bernard R.

    Two applicants, Mr. David W. Shrimplin and Mr. Timothy D. Leggett, 
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 9 applicants do not have 3 years of experience 
driving a CMV on public highways with the vision deficiency:

Burnworth, Randy L.
Huelster, Randy
McFalls, Carol W.
Miller, Larry
Rich, Ross C.
Roberts, Michael J.
Schwab, Charles F.
Steinmetz, Daniel L.
Willhoyt, Richard P.

    Four applicants do not have 3 years of recent experience driving a 
CMV with the vision deficiency:

Crane, James R.
Gruszecki, Ronald J.
Holland, Billie E.
Powell, Richard G.

    Three applicants, Mr. Danny Netherland, Mr. Edward J. Perfetto and

[[Page 12733]]

Mr. James J. Schaaf were issued citations in conjunction with a CMV 
crash, a disqualifying offense.
    Two applicants, Mr. Daniel Hollins and Mr. Thomas J. Long, III, had 
more than two CMV moving violations during the 3-year period or while 
their applications were pending. Applicants are only allowed two moving 
violations.
    One applicant's, Mr. Billy R. Fox', III, license was 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.
    One applicant, Mr. Terry L. Larkey, had two serious CMV 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. Tracy R. Heathcock, contributed to a crash while 
operating a CMV, which is a disqualifying offense.

    Issued on: March 11, 2004.
Rose A. McMurray,
Associate Administrator for Policy and Program Development.
[FR Doc. 04-6031 Filed 3-16-04; 8:45 am]
BILLING CODE 4910-EX-P