Motor carrier safety standards: Driver qualifications Barclay, Richard, Jr., et al.; vision requirement exemptions denied,
[Federal Register: April 29, 2003 (Volume 68, Number 82)]
[Notices]
[Page 22767-22768]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29ap03-139]
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 that 149 individuals were denied exemptions 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 vision standards 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 drivers.
FOR FURTHER INFORMATION CONTACT: Sandra Zywokarte, Office of Bus and Truck Standards and Operations, (MC-PSD), (202) 366-2987, 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.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 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. (49 CFR 391.41(b)(10))
Accordingly, FMCSA evaluated 149 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 that 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.
The following 71 applicants lacked sufficient recent driving experience over three years:
Barclay, Jr., Richard
Goodway, David
Reed, Donald Bell, Johnny
Halfhill, Tyrone
Reichert, Daniel Bonney, Stephen
Harris, Clifford
Reyes, Angelo Bosanek, Theodore
Hunter, Paul
Reynolds, Thomas Brown, Brian
Ivie, Brent
Ryan, Paul Brown, Norman
Jarvis, Monte
Schaaf, James Browning, Raymond
Johnson, Terrell
Severson, Carrie Browning, Jr., John
Kaufman, Chester
Smith, James Cadwell, Robert
Keating, Carl
Sosa, Freddy Carleton, David
Knox, Jr., Robert
Steele, Duane Carson, Roger
Leitz, Jack
Stout, David Cerri, Phillip
Majors, Jr., Stanley
Taylor, Timothy Chamblee, William
Maloney, 3rd, John
Thomas, Steven Cheatham, Lonas
Mannings, Christopher
Thomason, Douglas Clemons, Curtis
Marancik, John
Thompson, John C. Crise, Duane
Marple, Jay
Toombs, Marvin Davis, Jr., William
Martin, Bradley
Turenne, Gary Denne, Kenneth
Martin, George
Turner, Roy Fraas, Jr., Louis
Melton, Charles
Tuttle, Brian Frazier, Wiley
Moore, Timothy
Wilkinson, Sonya French, Russell
Norton, Kenneth
Williams, James Gann, Jr., Floyd
Pimentel, Luiz
Wilson, Leonard Garner, Sr., Anthony
Pinard, Kregg
Winters, Timothy Gingery, Nelson
Raby, Joel
One applicant, Mr. Jerry Ross, does 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 37 applicants do not have 3 years of experience driving a CMV on public highways with the vision deficiency:
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Bacon, Nick
Huffman, Charles
Pryor, Ronald Barnes, Jesse
Johnson, Daniel
Savely, Danny Cannon, Lawrence
Jurgens, Merlyn
Schneider, Clifford Chase, Michael
Martinez, Michael
Slingerland, Gerrit Cloose, James
Maxwell, Brian
Smallwood, Jody Collins, Kurt
McHugh, Jeanne
Tharp, Dustin Davis, John
Montiel, Sr., Norbert
Warren, Lynn Doucette, Joshua
Murray, Kevin
Watson, Larry Giffin, Richard
Myron, James
Whitson, Christopher Gifford, Delbert
Newman, Gordon
Wilbur, Richard Guenther, Christopher
Parks, Sr., Benjamin
Williams, Eddie Harrison, Troy
Peters, Ronald Henson, Leon
Pitner, Edward
Five applicants do not have 3 years recent experience driving a CMV with the vision deficiency:
Camara, Mamadou Little, Edward Prentice, Nugent Raatz, Richard Randkin, David
The following 8 applicants do not qualify because they were charged with moving violation(s) in conjunction with CMV accident(s), which is a disqualifying offense under the exemption criteria:
Burke, Thomas Davis, Sr., Eric Margison, Samson Milner, Robert Mohr, James Peters, Nathaniel Potter, Douglas Robinson, Bill
The following 4 applicants had more than two CMV moving violations during a 3-year period or while the applications were pending. Each applicant is only allowed two moving citations:
Hahn, George McCone, Steve Menken, David Pasillas, Victor
The following 8 applicants' licenses were suspended during the 3- year period because of a moving violation. Applicants do not qualify for an exemption with a suspension during the 3-year period:
Cuddy, Randy Eyre, Duane Leffler, Terry Melssen, Jeffrey Phillips, Howard Rosales, Guillermo Shrewsbury, William Williams, Jack
One applicant, Mr. Roger Keef, had two serious commercial motor vehicle violations within the 3-year period. Each applicant is allowed a total of two moving citations, of which only one can be serious.
One applicant, Mr. Thomas Jefferson, does not have verifiable proof of commercial driving experience during a 3-year period under normal highway operating conditions that would serve as an adequate predictor of future safety performance.
The following 9 applicants were involved in CMV accidents in which they contributed to the accident:
Benitez, Randy Johnson, James McFall, Norma Rawson, Merlyn Sanchez, Luis Thompson, John R. Turpaud, Robert Wilson, Calvin Yocum, Paul
One applicant, Mr. Limmie Sweet, does not hold a license which allows operation of a CMV over 10,000 pounds gross vehicle weight rating (GVWR) for all or part of the 3-year period.
One applicant, Mr. James Peterson, was denied for multiple reasons.
Finally, two applicants, James Baldwin, Sr. and Robert Holecek, were denied because their vision had not been stable within the three- year period.
Issued on: April 22, 2003. Pamela M. Pelcovits, Acting Associate Administrator for Policy and Program Development.
[FR Doc. 03-10449 Filed 4-28-03; 8:45 am]
