Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
September 9, 2010
[Federal Register: September 9, 2010 (Volume 75, Number 174)]
[Notices]
[Page 54957]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09se10-138]
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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 97 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 97 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 his/her 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 reasons for denial.
The following 7 applicants lacked sufficient driving experience
during the 3-year period prior to the date of their application:
Larry Cornelius, William M. Dunn, Thomas C. Furcht, Michael E. Herrera,
Jr., William Moore, Steve Scriven, Carey A. Willoughby
The following 15 applicants had no experience operating a CMV:
Leon Andrews, Clay Burns, Tracy E. Duke, James R. Gladden, Yi D. Guo,
Eric G. Harmann, Meridith J. Karppinen, Jackson D. Mason, Thomas G.
Moffett, Kenneth Olsen, Gabriel A. Oubre, Chris Patton, Carlos Quezada,
Angelina Rayes, David G. Stringer
The following 27 applicants did not have 3 years of experience
driving a CMV on public highways with the vision deficiency:
James R. Bodine, Robert L. Borsh, Larry E. Carter, Albert M. DiVella,
Steven Gahart, Martin E. Holden, Lee J. Hollister, Steven M. Keller,
Jr., Ray V. Kuhaneck, Christopher Love, Frank S. Martinez, William M.
Mercer, Ronald S. Milkowski, Noel V. Munoz, Curtis A. Norris, John P.
O'Day, William Offord, Paul C. Pallini, Jerry L. Parks, Douglas L.
Peterson, Charles D. Settles, Raeford W. Sink, William J. Statts,
Robert D. Swaite, Edwin Treloar, Jr., Ronald Turner, Brent Wheeler, Jr
The following 12 applicants did not have 3 years of recent
experience driving a CMV with the vision deficiency:
Ale Algarra, Lee S. Angelo, Eli J. Borkholder, Steven Keyes, Scott
Murphy, Dennis R. Overman, Michael J. Peschong, Harry W. Richards,
David Smith, Jeffrey M. Thorpe, Charles Watts, Donald Wright
The following 10 applicants did not have sufficient driving
experience during the past 3 years under normal highway operating
conditions:
Rick A. Ervin, Stephen P. Goodall, John R. Kelly, Osvaldo R. Maldonado,
Frank G. Merrill, Alberto Mireles, Jr., Montie Price, Daniel R. Rosas,
David M. Sims, Stephen W. Verrette
One applicant, Albert D. Agardi, had more than 2 commercial motor
vehicle violations during the 3-year review period and/or application
process. Each applicant is only allowed 2 moving citations.
One applicant, William R. Hammond, 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, John L. Broadway, had 2 serious commercial motor
vehicle violations within a 3-year period. Each applicant is only
allowed a total of 2 moving citations, 1, which can be serious.
One applicant, Kerrie L. Smith, 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 3 applicants did not hold a license which allowed
operation of vehicles over 10,000 pounds for all or part of the 3-year
period:
Adam O. Carson, Joe H. Saine, Joseph W. Schmit.
One applicant, James McKnight, did not have an Optometrist/
Ophthalmologist willing to state that he is able to operate a
commercial vehicle safely with his vision deficiency.
The following 10 applicants were denied for miscellaneous/multiple
reasons:
Carl H. Block, Robert D. Fink, Felix M. Gonzalez, William A. Green,
Tina L. Hernandez, Ramon L. Suarez, Clarence Taylor, Reginald D.
Taylor, Ricky A. Teel, Jr., Cardell F. Thomas
One applicant, William A. Rochester, was disqualified for holding 2
commercial driver's licenses simultaneously.
One applicant, Soledad R. Martinez, did not meet the vision
standard in his better eye.
The following 6 applicants met the current federal vision
standards. Exemptions are not required for these applicants that meet
the current regulations for vision:
A. B. Brown, Ryan M. Cook, Brian R. Hastins, Terry A. Jordan, Daniel
Provencio, Keith Snyder.
Issued on: August 28, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-22538 Filed 9-8-10; 8:45 am]
BILLING CODE 4910-EX-P