[Federal Register: March 17, 2004 (Volume 69, Number 52)]
[Notices]
[Page 12732-12733]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17mr04-129]

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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: The FMCSA announces its denial of 43 applications from
individuals who requested an exemption from the Federal vision
standards 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 motor
vehicle drivers.

FOR FURTHER INFORMATION CONTACT: Ms. 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 standards 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 43 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 than
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 20 applicants lacked sufficient recent driving
experience over three years:

Allen, Percy B.
Bacon, Nick D.
Clifton, Jr., Raymond E.
Coleman, Jerry D.
Hallwachs, Jerry
Hansen, Michael P.
Hardee, Richard G.
Henson, Richard M.
Hillman, Robert
Hoefner, Patrick L.
King, William J.
Levine, Martin L.
McEntyre, William C.
Meyer, Fred G.
Osuna, Jorge L.
Pierce, Jr., Charles E.
Reynolds, Glennis R.
Sharp, Ronald L.
Weeks, David N.
Whitlow, Jr., Bernard R.

    Two applicants, Mr. David W. Shrimplin and Mr. Timothy D. Leggett,
do 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 9 applicants do not have 3 years of experience
driving a CMV on public highways with the vision deficiency:

Burnworth, Randy L.
Huelster, Randy
McFalls, Carol W.
Miller, Larry
Rich, Ross C.
Roberts, Michael J.
Schwab, Charles F.
Steinmetz, Daniel L.
Willhoyt, Richard P.

    Four applicants do not have 3 years of recent experience driving a
CMV with the vision deficiency:

Crane, James R.
Gruszecki, Ronald J.
Holland, Billie E.
Powell, Richard G.

    Three applicants, Mr. Danny Netherland, Mr. Edward J. Perfetto and

[[Page 12733]]

Mr. James J. Schaaf were issued citations in conjunction with a CMV
crash, a disqualifying offense.
    Two applicants, Mr. Daniel Hollins and Mr. Thomas J. Long, III, had
more than two CMV moving violations during the 3-year period or while
their applications were pending. Applicants are only allowed two moving
violations.
    One applicant's, Mr. Billy R. Fox', III, license was 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.
    One applicant, Mr. Terry L. Larkey, had two serious CMV 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. Tracy R. Heathcock, contributed to a crash while
operating a CMV, which is a disqualifying offense.

    Issued on: March 11, 2004.
Rose A. McMurray,
Associate Administrator for Policy and Program Development.
[FR Doc. 04-6031 Filed 3-16-04; 8:45 am]