[Federal Register Volume 69, Number 146 (Friday, July 30, 2004)]
[Notices]
[Pages 45881-45882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17412]


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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 81 applications from 
individuals who requested an exemption 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 the vision 
standard 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. W. Teresa Doggett, Office of Bus 
and Truck Standards and Operations, (MC-

[[Page 45882]]

PSD), (202) 366-2990, 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 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 381.305(a)).
    Accordingly, FMCSA evaluated 81 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 42 applicants lacked sufficient recent driving 
experience over three years:

Anagnostou, Hristodoulos G.
Anderson, Marvin E.
Beermann, Gary W.
Casson, Robert A.
Chandler, Bobby Lee
Davis, Bernice F.
DeZutel, Jr., Edmund F.
Dikkers, Kenneth J.
Dixon, Russell R.
Eckenroth, Ronald C.
Garcia, Humberto
Gruszecki, Ronald J.
Hetteroth, Anthony D.
Hildebrand, Todd A.
Holt, Lane D.
Houser, Leonard J.
Irwin, Ronald R.
Kosen, Lance B.
Kyle, Everett R.
Lopez, Jose A.
Luff, Timothy L.
Mackey, Ray C.
McCoy, Rickie
Mitchell, Allen R.
Mumaw, David P.
Noonan, Robert
Norman, Anthony J.
Partridge, Gary S.
Pender, Scott W.
Rooker, Jr., John H.
Russler, James S.
Shirk, Dean R.
Sopko, Michael
Thompson, Robert M.
Tucker, Raymond R.
VanWormer, John R.
Vette, Charles
Voltz, Jeffrey A.
Walker, Scott C.
Warren, Claude E.
Widener, Wallis G.
Wood, Nathen G.

    Two applicants, Ms. Debra K. Anderson and Mr. David Williford, 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 15 applicants do not have 3 years of experience 
driving a CMV on public highways with the vision deficiency:

Beanblossom, Theodore
Cardwell, David G.
Fitzgerald, David P.
Gamble, Charles E.
Gebhardt, Randy N.
Huelster, Randy L.
Latham, Bernard
Lefew, Charlie H.
Marlatt, George
Presholt, David M.
Sowders, James R.
Storm, Stacey L.
Tart, Tony M.
 White, James F. E.
Wolfe, Michael D.

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

Clark, Sr., Freddie C.
Colvin, David L.
DeBruler, Gregory L.
Glaser, Harlan D.
Hall, Samuel D.
Leonard, Sr., Robert L.
Wallace, Billy G.

    One applicant, Mr. Richard L. Gandee, does not need the exemption 
because he meets the vision requirements of 49 CFR 391.41(b)(10).
    The following 6 applicants' commercial drivers' 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.

Figueroa, Gerardo
Green, Britt A.
Harris, Robert A.
Hilby, Glen G.
Ogburn, Will H.
Weber, Chic

    The following 4 applicants contributed to a crash while operating a 
CMV, which is a disqualifying offense.

Grubbs, Bobby D.
Jones, Harold D.
Risch, Michael J.
Ward, Dennis

    Two applicants, Mr. Dick A. Schwab and Mr. Edward K. Flood, did not 
hold licenses which allow operation of a CMV over 10,000 pounds gross 
vehicle weight rating for all or part of the 3-year period.
    One applicant, Mr. Paul T. Breitigan, has a vision deficiency that 
has been unstable during the 3-year period.
    One applicant, Mr. John C. Mason, refused to provide required 
documentation and therefore presented no verifiable 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.

    Issued on: July 23, 2004.
Rose A. McMurray,
Associate Administrator for Policy and Program Development.
[FR Doc. 04-17412 Filed 7-29-04; 8:45 am]
BILLING CODE 4910-EX-P