[Federal Register Volume 71, Number 40 (Wednesday, March 1, 2006)]
[Notices]
[Pages 10587-10588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-2828]



[[Page 10587]]

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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: FMCSA announces its denial of 113 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 standard if the exemptions granted will not compromise safety. 
The agency has concluded that granting exemptions for the 113 
applicants would not likely provide a level of safety 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, Office of Bus and 
Truck Standards and Operations, Physical Qualifications Division (MC-
PSP) 202-366-4001, Department of Transportation, FMCSA, 400 Seventh 
Street, SW., Washington, DC 20590-0001. Office hours are 8 a.m. to 5 
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 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 113 individual exemption requests on 
their merits and made a determination that these applicants do not 
satisfy the eligibility criteria for 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 18 applicants lacked sufficient driving experience 
during the three-year period prior to the date of their application:

Ahne, Stanley W.
Beasley, Mark H.
Black, Edward
Cinko, John R.
Collins, Kevin E.
DeCaro, Albert P.
Faw, Louis D.
Gomez, Jr., Galdino L.
Klein, William C.
McCluer, Jerry D.
Merrill, Roy A.
Moreland, Richard
Robertson, Leland F.
Sinclair, John F.
Thomas, Terry B.
Thompson, Kevin S.
Warfield, Richard D.
Zepernick, Sr., Edward A.

The following 16 applicants do not have any experience operating a CMV.

Benton, Joseph F.
Berry, Sr., Michael S.
Brobbel, Simon J.
Cherry, Charlie L.
Chess, James J.
Dawes, Calvin L.
Dennison, Robert J.
Gulley, Thomas R.
Hayos, Anastacio D.
Jones, Frederick L.
King, Douglas
Manion, Corey P.
Perea, Jose F.
Stoddard, Edgar P.
Weinman, Bruce L.
Young, Kurtis, T.

    The following 16 applicants do not have 3 years of experience 
driving a CMV on public highways with the vision deficiency.

Beckworth III, Jimmy D.
Duval, Ronald
Hobbs, Carl D.
House, Carlton E.
Howard, Mark P.
Hummel, Timonthy B.
Jarvis, Larry L.
Neefe, Steven J.
Reid, Paul R.
Scheve, Jarod S.
Thulin, Bruce E.
Vigil, Francisco C.
Wainwright, James C.
Weigel, Eugene M.
Williams, Carl A.
Wood, John E.

    The following 12 applicants did not operate a commercial vehicle 
during the 3 years prior to the date they applied for the exemption and 
therefore do not have 3 years of recent experience driving a CMV with 
the vision deficiency.

Bon, Edward L.
Gaillard, Henry A.
Gamez, Exiquio
Green, Lefonne C.
Hill, Danny J.
Leonard, Gary W.
Martin, Jesse L.
Maxwell, Brian A.
Newman, Gordon S.
Taves, Michael A.
Vanatta, Dennis M.
Wells, David L.

    The following 25 applicants did not operate a commercial vehicle 
during part of the 3 years prior to the date they applied for the 
exemption and therefore lack sufficient driving experience over the 
past 3 years under normal highway operating conditions.

Brunson, Johnny L.
Cashman, Dean T.
Chaplin, Mryl S.
Cornell, Chaney T.
Downer, Scott W.
Fitzgerald, David P.
Gregory, Jimmy D.
Gysberg, Rocky D.
Holt, Lee P.
Kennedy, Millard S.
Kenney III, Peter M.
Lawrence, Clifford L.
Mayson, Tyrone O.
Moctar, Bouha O.
Moreno, Rick P.
McKnight, Tommy L.
Natola, Eric J.
Paraf, Corey
Plumley, James C.
Schmidt, Brendon K.
Shoemaker, David C.
Smith, Clay L.
Tade, Jerry W.
Thompson, Arnold L.
Virgen-Meza, Francisco

    Three applicants, Charles W. Jones, Mark L. McWhorter, and Keith L. 
Wraight, were charged with a moving violation in conjunction with a CMV 
crash, which makes them ineligible.
    Two applicants, Cleaven E. Barrett and Darrell B. Dean, do not have 
sufficient peripheral vision in the better eye to qualify for an 
exemption.
    Four applicants had commercial driver's licenses suspensions during 
the three-year review period in relation to a moving violation. 
Applicants are ineligible for an exemption if their license is 
suspended during the three-year period prior to the date they applied 
for the exemption.

Glenn, Curtis J.
Gwyn, Terry W.
Roberson, Terry L.
Selleck, David A.

    One applicant, David M. Field, had 2 serious CMV violations within 
a three-year period. Each applicant is allowed a total of 2 moving 
violations, one of which can be serious. Three applicants, Wilfred J. 
Gagnon, James R. King, and

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Kenneth G. Mallette, contributed to a crash while operating a CMV. 
Applicants do not qualify for an exemption if they have contributed to 
a crash during the three-year review period.
    Two applicants, Rayfus J. Hewitt and Limmie J.T. Sweet, did not 
hold a license that allowed operation of vehicles over 26,000 pounds, 
for all or part of the three-year review period.
    The following four applicants meet the vision standard and do not 
need a vision exemption.

Adkison, Gary L.
Albrecht, Thomas K.
Fry, Donald L.
Maust, Larry A.

    One applicant, Lyndon P. Walker, was disqualified for multiple 
reasons.
    One applicant, Merrill C. Vogelzang, provided inconsistent 
information that could not be verified during the application process.
    Three applicants, Levern F. Brantner, Jr., Troy Harrison, and James 
E. Kilby, III, were disqualified because their vision was not stable 
for the entire three-year review period.
    One applicant, Raymond P. Gonzales, did not submit all of the 
required documentation and therefore presented no verifiable evidence 
that he met the terms and conditions of the Federal vision exemption 
program.
    Finally, one applicant, Alphonso L. Mitchell, does not meet the 
vision standard in his better eye.

    Issued on: February 22, 2006.
Pamela M. Pelcovits,
Director for Policy Plan's and Regulations.
 [FR Doc. E6-2828 Filed 2-28-06; 8:45 am]
BILLING CODE 4910-EX-P