Qualification of Drivers; Exemption Applications; Vision

Topics:  FMCSA

Larry W. Minor (Federal Register)
May 5, 2011

[Federal Register Volume 76, Number 87 (Thursday, May 5, 2011)]
[Notices]
[Pages 25763-25764]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11019]


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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 106 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

[[Page 25764]]

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 106 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 4 applicants lacked sufficient driving experience 
during the 3-year period prior to the date of their applications:

Jerry Swedberg, James Marrone, Clinton H. Ezell, Wanda Rivera.

    The following 17 applicants had no experience operating a CMV:

Howard Karrick, Alexander Tsvetkov, Jamie Donald Daniels, Robert S. 
Lewton, Michael A. Carson, Todd J. Stubb, James Garvin, James McGlown, 
Larry McKnight, Jr., Tommy Nguyen, Fatos Syla, Bryan Baker, Ivan 
Castillo Leon, Jared Matthew Bauer, Shaun Adam Cahoon, John David 
Beebee, Donald Cyrus Zwanzig.

    The following 9 applicants did not have 3 years of experience 
driving a CMV on public highways with the vision deficiency:

Christopher Kahl, Althea Renita Dowell, Steven DuBois, Steve Campbell, 
Kenneth Trouth, Robert Hendricks, Sam Antinora, Juan Curiel, Keith 
Reed.

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

Gary Aliff, Pedro Pulido, Oliver Murphy, Jerome Smalls, Alan Jenkins, 
Ryan Forsythe, Terry L. Randoll, Edward Joseph Simanek III, Sven R. 
Aragon, Joe Alfred Root, Gary L. Smith, Arthur B. Wolf.

    The following 7 applicants did not have sufficient driving 
experience during the past 3 years under normal highway operating 
conditions:

Robert Salazar, Evan Anderson, John Lunsford, Jerome Sheets, Robert 
Seals, James Lucas, Gregory T. Grierson.

    The following 2 applicants do not have sufficient peripheral vision 
in the better eye to qualify for an exemption.

Thomas L. Newingham, Joseph Barlow.

    The following 2 applicants do not have sufficient visual acuity in 
the better eye to qualify for an exemption.

Earl L. Wilson, Richard Stewart.

    The following 2 applicants had a commercial driver's license 
suspension during the 3-year review period for moving violations. 
Applicants do not qualify for an exemption with a suspension during the 
3-year period.

Royce Thomas, Randy Fielder.

    The following 4 applicants were denied for miscellaneous/multiple 
reasons:

Ramon Green, Larry Hattery, Joey Heuser, Travis Tucker.

    The following 2 applicants never submitted the required documents:

Floyd Butler, John Jacobson.

    The following 13 applicants met the current federal vision 
standards. Exemptions are not required for applicants who meet the 
current regulations for vision:

David Everts, John Flanders, John Harmon, Jeffery Willemarck, Rick 
Smith, Luther Smith, Frank Piscitello, Jr., Cortez Burnett, Lee Rains, 
Yewnet Lakew, Marci Casteel, Ronald Boggs, Robert Shanks.

    Finally, the following 32 applicants will not be driving 
interstate, interstate commerce, or not required to carry a DOT medical 
card:

Jose Becerra, Merle Burger, Kenneth Dean, Tyrane Harper, Robert Jones, 
Alfonzo Hawthorne, Nathaniel Guy Edwards, John C. Yoder, Fred Jeffrey, 
Albert Parker, James Plemmons, Roy Priest, Robert Shepherd, Thomas 
Guckert, Barry L. Ream, Roger Freeman, Timothy Curran, Jonathan Black 
Elk, Ward Howard, Alberto Mireles, Jr., Jeremy Pruemer, Larry Keith 
Abbott, Alan G. Paci, John Savage, Edward Lee Clark, Robert Haynes, 
Richard A. Whispell, Terry Dennis Helm, Randy Lee Stevens, Rodney D. 
Neujahr, Dennis R. Bergstrom, Thomas E. Elliott.

    Issued on: April 22, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011-11019 Filed 5-4-11; 8:45 am]
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