Qualification of Drivers; Exemption Applications; Vision

Larry W. Minor
Federal Motor Carrier Safety Administration
December 14, 2010

[Federal Register: December 14, 2010 (Volume 75, Number 239)]
[Notices]               
[Page 77945-77947]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14de10-122]                         

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

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: FMCSA announces its denial of 103 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 103 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 the exemption 
request. Those decision letters fully outlined the basis for the denial 
and constitute final Agency action. The list published in this notice 
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 11 applicants lacked sufficient driving experience 
during the 3-year period prior to the date of their applications:

Tonny Bailey             Randall S. Grauer        Wesley A. Roberson
Charles J. Dawber        Darrell A. Harmon        David M. Taylor
Richard C. Dickinson     Thomas W. Keel, Jr.      David M. Wcisel
Harold L. Elders         Jay Rider


    The following 7 applicants had no experience operating a CMV:

Floyd Aldridge           William Chisley          Keith M.Vanderhyde
Stanly J. Baumann        William Cusano
Janie Burford            Shelby B. Richardson



[[Page 77946]]

    The following 24 applicants did not have 3 years of experience 
driving a CMV on public highways with the vision deficiency:

Dwight D. Andersen       Kenneth P. Littlefield   Michael R. Spieth
William M. Bell          Ricardo A. Montano       Troy M. Standifer
Barry Bunker             George Edward Mulherrin  Alan D. Strain
                          III
John P. Chuda            Mark Paugh               Ronald R. Sumpter
David L. Ellis           James Perusse            George G. Ulferts, Jr.
Darrel E. Graumann       Larry Robins             Michael S. Westervelt
Ronald Hutchins          Stanley W. Rowden        Michael P. Witkowski
James Jaramillo          Clayton Slone            Brian P. Wunn


    The following 6 applicants did not have 3 years of recent 
experience driving a CMV with the vision deficiency:

Ronald C. Ashley         Anthony Chastain         Allen L. Segotta
John E. Cahall           Terrance J. Hurley       Kevin Weaver


    The following 18 applicants did not have sufficient driving 
experience during the past 3 years under normal highway operating 
conditions:

Raymond W. Anderson      Steve Garrett            Wayne A. LeClaire
Andres Castanon, Jr.     Marc D. Groszkrueger     Christopher J. McCulla
Dickie R. Clough         Darris Hardwidge         Darrell Rogers
Scott A. Cole            Shawn M. Hebert          Karl H. Strangfeld
Richard W. Futrell       Milan Jokic              Jacob E. Wadewitz
Carlos R. Galarza        Douglas Jones            Stephen H. Ward


    The following 3 applicants had more than 2 commercial motor vehicle 
violations during the application process. Each applicant is only 
allowed 2 moving citations:

Wesley M. Creamer        Gregory C. Simmons       Christopher J. Van
                                                   Dyke


    One applicant, William E. Woodhouse, has other medical conditions 
making him unqualified under Federal Motor Carrier Safety Regulations. 
All applicants must meet all other physical qualifications standards in 
49 CFR 391.41(b)(1-13).
    Two applicants, Shorty Ellis and Charles J. Kruggel, 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, James F. Partin, 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 5 applicants were denied for miscellaneous/multiple 
reasons:

Samuel Golden            Matthew B. Lairamore     John Thomas White, Jr.
David W. Herbert         Gerald Lord


    The following 16 applicants met the current federal vision 
standards. Exemptions are not required for applicants who meet the 
current regulations for vision:

Anthony Benally          Craig R. Gross           Gaylon Nelson
Larry D. Cooper          Ray O. Howell            Brian J. Ruzalski
Sid L. Crumpton          Ervin A. Kope            Travis Stroming
Gerald Davis             Fernando M. Magana       Todd M. Sucharda
Eric N. Fitzgerald       Ignacio V. Maldonado     Scott M. Tommen
Larry D. Cooper          Richard G. Myers


    One applicant, Thomas D. Laws, was issued a medical certificate for 
3 months. Applicants with a medical certificate valid for less than 6 
months do not meet the exemption program eligibility criteria.
    The following 7 applicants drove interstate while restricted to 
intrastate driving:

John Gallagher           Steven R. Parker         Michael Watters
Derrick A. Hardy         Jay L. Pendergas
John F. Murphy           Mohammad Suhail



[[Page 77947]]

    Finally, one applicant, Wilford Mendoza, will not be driving 
interstate, interstate commerce, or not required to carry a DOT medical 
card.

    Issued on: December 6, 2010.
 Larry W. Minor,
Associate Administrator, Office of Policy.
[FR Doc. 2010-31267 Filed 12-13-10; 8:45 am]
BILLING CODE 4910-EX-P