Qualification of Drivers; Exemption Applications; Vision

Larry W. Minor
Federal Motor Carrier Safety Administration
September 9, 2010

[Federal Register: September 9, 2010 (Volume 75, Number 174)]
[Notices]               
[Page 54957]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09se10-138]                         

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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 97 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 
requirement 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 be 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, Director Medical 
Programs, (202) 366-4001, U.S. Department of Transportation, FMCSA, 
1200 New Jersey Avenue, SE., Room W64-224, Washington, DC 20590-0001. 
Office hours are from 8:30 a.m. to 5 p.m. Monday through Friday, except 
Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, 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.'' The procedures for requesting an exemption 
are set forth in 49 CFR part 381.
    Accordingly, FMCSA evaluated 97 individual exemption requests on 
their merit and made a determination that these applicants do not 
satisfy the criteria eligibility or meet the terms and conditions of 
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 denial.
    The following 7 applicants lacked sufficient driving experience 
during the 3-year period prior to the date of their application:

Larry Cornelius, William M. Dunn, Thomas C. Furcht, Michael E. Herrera, 
Jr., William Moore, Steve Scriven, Carey A. Willoughby

    The following 15 applicants had no experience operating a CMV:

Leon Andrews, Clay Burns, Tracy E. Duke, James R. Gladden, Yi D. Guo, 
Eric G. Harmann, Meridith J. Karppinen, Jackson D. Mason, Thomas G. 
Moffett, Kenneth Olsen, Gabriel A. Oubre, Chris Patton, Carlos Quezada, 
Angelina Rayes, David G. Stringer

    The following 27 applicants did not have 3 years of experience 
driving a CMV on public highways with the vision deficiency:

James R. Bodine, Robert L. Borsh, Larry E. Carter, Albert M. DiVella, 
Steven Gahart, Martin E. Holden, Lee J. Hollister, Steven M. Keller, 
Jr., Ray V. Kuhaneck, Christopher Love, Frank S. Martinez, William M. 
Mercer, Ronald S. Milkowski, Noel V. Munoz, Curtis A. Norris, John P. 
O'Day, William Offord, Paul C. Pallini, Jerry L. Parks, Douglas L. 
Peterson, Charles D. Settles, Raeford W. Sink, William J. Statts, 
Robert D. Swaite, Edwin Treloar, Jr., Ronald Turner, Brent Wheeler, Jr

    The following 12 applicants did not have 3 years of recent 
experience driving a CMV with the vision deficiency:

Ale Algarra, Lee S. Angelo, Eli J. Borkholder, Steven Keyes, Scott 
Murphy, Dennis R. Overman, Michael J. Peschong, Harry W. Richards, 
David Smith, Jeffrey M. Thorpe, Charles Watts, Donald Wright

    The following 10 applicants did not have sufficient driving 
experience during the past 3 years under normal highway operating 
conditions:

Rick A. Ervin, Stephen P. Goodall, John R. Kelly, Osvaldo R. Maldonado, 
Frank G. Merrill, Alberto Mireles, Jr., Montie Price, Daniel R. Rosas, 
David M. Sims, Stephen W. Verrette

    One applicant, Albert D. Agardi, had more than 2 commercial motor 
vehicle violations during the 3-year review period and/or application 
process. Each applicant is only allowed 2 moving citations.
    One applicant, William R. Hammond, had commercial driver's license 
suspensions during the 3-year review period for moving violations. 
Applicants do not qualify for an exemption with a suspension during the 
3-year period.
    One applicant, John L. Broadway, had 2 serious commercial motor 
vehicle violations within a 3-year period. Each applicant is only 
allowed a total of 2 moving citations, 1, which can be serious.
    One applicant, Kerrie L. Smith, did not have verifiable proof of 
commercial driving experience over the past 3 years under normal 
highway operating conditions that would serve as an adequate predictor 
of future safe performance.
    The following 3 applicants did not hold a license which allowed 
operation of vehicles over 10,000 pounds for all or part of the 3-year 
period:
Adam O. Carson, Joe H. Saine, Joseph W. Schmit.
    One applicant, James McKnight, did not have an Optometrist/
Ophthalmologist willing to state that he is able to operate a 
commercial vehicle safely with his vision deficiency.
    The following 10 applicants were denied for miscellaneous/multiple 
reasons:

Carl H. Block, Robert D. Fink, Felix M. Gonzalez, William A. Green, 
Tina L. Hernandez, Ramon L. Suarez, Clarence Taylor, Reginald D. 
Taylor, Ricky A. Teel, Jr., Cardell F. Thomas

    One applicant, William A. Rochester, was disqualified for holding 2 
commercial driver's licenses simultaneously.
    One applicant, Soledad R. Martinez, did not meet the vision 
standard in his better eye.
    The following 6 applicants met the current federal vision 
standards. Exemptions are not required for these applicants that meet 
the current regulations for vision:

A. B. Brown, Ryan M. Cook, Brian R. Hastins, Terry A. Jordan, Daniel 
Provencio, Keith Snyder.

    Issued on: August 28, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-22538 Filed 9-8-10; 8:45 am]
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