[Federal Register: June 11, 2003 (Volume 68, Number 112)]
[Notices] 
[Page 35050-35051]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11jn03-192] 
 
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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 that 41 individuals were denied exemptions 
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 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 41 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 25 applicants lacked sufficient recent driving 
experience over three years: Becotte, Richard; Bodiford, Jr., Cecil; 
Cavendar, David; Clegg, Jr., Henry; Davidson, Donald; Day, Larry; 
Floyd, Jack; Harper, Norman; Herrboldt, Nathan; Johnson, Robert; Jones, 
Joe; Longcrier, Michael; McCandless, Jr., William; Petersen, Christian; 
Petty, Clarence; Phipps, Gary; Reed, Donna; Rosborough, Franklin; 
Russell, Michael; Shanks, Jr., Willis; Shaw III, Sam; Sheibley, Thomas; 
Wehner, Peter; Winters, Johnny; Young, Ronald.
 Three applicants, Mr. Randall Benson, Ms. Darrlyn Price, and Mr. 
Steven Risley, do not have experience operating
 
[[Page 35051]]
 
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 6 applicants do not have 3 years of experience 
driving a CMV on public highways with the vision deficiency: Dean, 
Joseph; DiPasqua III, Louis; Kirkland, Willie; Osborne, Hudson; 
Pittman, Larry; Storm, Stacey.
 Four applicants do not have 3 years recent experience driving a CMV 
with the vision deficiency: Gerdes, Donald; Webb, William; Moates, 
Tommy; Thompson, Ronald.
 One applicant, Mr. Robert Aurandt, had more than two CMV moving 
violations during a 3-year period or while the application was pending. 
Each applicant is only allowed two moving citations.
 One applicant, Mr. William Whitson, 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. Kenneth Walker, 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.
 
 Issued on: June 6, 2003.
Pamela M. Pelcovits,
Acting Associate Administrator for Policy and Program Development.
[FR Doc. 03-14696 Filed 6-10-03; 8:45 am]