Qualifications Of Drivers:

Federal Register: December 14, 2010 (Volume 75, Number 239)


Page 77945-77947

From the Federal Register Online via GPO Access [wais.access.gpo.gov]



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.



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


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


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

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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