[Federal Register Volume 69, Number 168 (Tuesday, August 31, 2004)]
[Notices]
[Pages 53129-53130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19807]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

SUMMARY: The FMCSA announces its denial of 51 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. Teresa Doggett, Office of Bus and 
Truck Standards and Operations, (MC-PSD), (202) 366-4001, 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.s.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 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 (49 CFR 381.305(a)).
    Accordingly, FMCSA evaluated 51 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.

[[Page 53130]]

    The following 28 applicants lacked sufficient recent driving 
experience over three years:

Behrer, Ed
Boven, Scott H.
Bradford, Johnny W.
Briones, Joe C.
Cupples, Geoffrey
Dean, Joseph A.
Decker, Karl
Fix, James E.
Fogle, Stephen B.
Grey, Walter M.
Gysberg, Rocky D.
Holt, Jeffrey L.
Lovejoy, Michael J.
McDade, Matthew
Mena, Jaime E.
Miller, Odis G.
Perkins, Kenneth D.
Peters, Karl
Remsburg, III, Albert L.
Roy, Paul R.
Schmitt, James L.
Siano, Jr., Peter
Slinde, Jay A.
Smith, Wayne M.
Stanley, John W.
Thompson, Jr., Ned
Wheeler, Greg
Williams, Dennis J.

    Three applicants, Mr. Cory W. C. Thaine, Mr. Edward Tripp, Jr., and 
Mr. Danny R. Wood, 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 five applicants do not have three years of experience 
driving a CMV on public highways with the vision deficiency:

Fultz, Ronald K.
Hilliker, Jason D.
Jackman, Steven R.
Watkins, Sr., William A.
Worley, Billy

    Three applicants, Mr. George H. Blakey, Mr. Curtis A. Boyster, and 
Mr. Terry J. Edwards, do not have three years of recent experience 
driving a CMV with the vision deficiency.
    Two applicants, Mr. Thomas G. Carpenter and Mr. Donald L. Scoville, 
meet the vision requirements of 49 CFR 391.41(b)(10) and do not need a 
vision exemption.
    One applicant, Mr. Bruce A. Homan, was charged with a moving 
violation in conjunction with a CMV crash, which is a disqualifying 
offense.
    The following four applicants had their commercial driver's license 
suspended during the three year period, in relation to a moving 
violation. Applicants do not qualify for an exemption with a suspension 
during the three year review period.

Barnett, Jamenson L.
Bone, Stephen M.
Ross, James C.
Wise, Gregory

    The following three applicants, Mr. William J. Cunningham, Mr. 
Robert A. Miller, and Mr. Lasaro R. Salgado, contributed to a crash 
while operating a CMV, which is a disqualifying offense.
    One applicant, Mr. Ruben Duron, did not hold a license that allowed 
operation of vehicles over 10,000 pounds for all or part of the three 
year period.
    One applicant, Mr. Gilbert L. Martinez, does not meet the vision 
standard in the better eye.

    Issued on: August 16, 2004.
Rose A. McMurray,
Associate Administrator for Policy and Program Development.
[FR Doc. 04-19807 Filed 8-30-04; 8:45 am]
BILLING CODE 4910-EX-P