Qualifications Of Drivers:
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
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