[Federal Register: April 1, 2005 (Volume 70, Number 62)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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: The FMCSA announces its denial of 102 applications from
individuals who requested an exemption from the Federal vision standard
applicable to interstate truck drivers and the reasons for the denials.
The FMCSA has statutory authority to exempt individuals from the vision
standard 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
FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Office of Bus and
Truck Standards and Operations, (MC-PSD) 202-366-4001, Department of
Transportation, FMCSA, 400 Seventh Street, SW., Washington, DC 20590-
0001. Office hours are 7:45 a.m. to 4:15 p.m. e.t., Monday through
Friday, except Federal holidays.
Under 49 U.S.C. 31315 and 31136(e), FMCSA may grant an exemption
from the Federal vision standard for a two-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 381.305(a)).
Accordingly, FMCSA evaluated 102 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 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. Sec. 31315(b)(4)
by periodically publishing names and reasons for denials.
The following 52 applicants lacked sufficient recent driving
experience during the three-year period prior to the date of their
Adkins, William I.
Archambault, Gary E.
Ash, Frederick J.
Barber, Jr., Lonnie D.
Bors, Allen G.
Brooks, Marvin L.
Burlitch, Donald L.
Cleveland, Nathan P.
Collins, Gary L.
Cooper, Gregory L.
Culverwell, Gerald L.
Delain, Lash L.
Durer, James F.
Else, Gerald G.
Fischer, Matthew A.
Frampton, James A.
Gilleland, David J.
Gravely, Donald G.
Haas, Kenneth L.
Hamilton, Jeffery A.
Hill, Ray C.
Hummel, Patrick B.
Johnson, James L.
Kelly, Danny J.
Kopeshke, Edward M.
Kuhr, Howard G.
Langford, William D.
Logue, William H.
Lohrbach, Carl A.
May, Timothy G.
Merritt, Russell S.
Nickel V, William F.
Pitta, Jr., Joe
Polen, Floyd L.
Provencher, Edwin J.
Roslansky, Daniel F.
Rushing, Rodger D.
Schmitt, Stephen E.
Smith, Jr., Eddie J.
Smith, James A.
Tapp, Carolyn O.
Towner, John C.
Turner, Glen V.
Wright, Forrest L.
Zoeller, David D.
The following seven applicants do not have experience operating a
CMV and 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:
Jones, Nathan B.
Mankowski, Joseph P.
Reid, Mark A.
Skwarek, James M.
Stewart, James C.
The following nine applicants do not have three years of experience
driving a CMV on public highways with the vision deficiency:
Atwood, Jr., Ronald S.
Church, Roy D.
Hopkins, Ricky A.
Little, Edward C.
Marshall, Judy L.
Perry, Gregory L.
Peters, Carl H.
The following five applicants do not have three years of recent
experience driving a CMV with the vision deficiency.
Armstrong, Karl G.
Hagen, Brian G.
Pugh, Timothy R.
Rodriguez, Angel L.
Slate, William K.
One applicant, Shefiu O. Abdulsalam, meets the vision requirements
and does not need a vision exemption.
One applicant, Quinn C. Wheaton, does not have sufficient
peripheral vision in the better eye to qualify for an exemption.
Five applicants had their commercial driver's licenses suspended
during the three-year review period in relation to a moving violation.
Applicants do not qualify for an exemption with a suspension during the
three-year review period.
Rankin, Richard O.
White, Stephen R.
Willis, J. C.
Woodworth, Daniel D.
Fourteen applicants contributed to a crash while operating a CMV.
Applicants do not qualify for an exemption if they have contributed to
a crash during the three-year review period.
Brooks, John P.
Cromwell, Jerry G.
Dunaway, Roger M.
Hahn, George L.
Harley, Jeff D.
Harris, Bobby L.
Hummel, Timothy B.
Pitts, Sr., Jeffery A.
Reed, Sr., Franklin D.
Robbins, Frederick G.
Shaw, Ricky D.
Smith, Raymond C.
Wesley, Loyal R.
One applicant, Timothy L. Kelly, was issued excessive nonmoving
violations during the three-year period, and did not demonstrate the
level of safety required for interstate driving.
Four applicants did not hold a license that allowed operation of
the vehicles that they drove during the three-year review period.
Garcia, Larry G.
McQuilty, Duane A.
Shamblin, Hoyt M.
One applicant, John Bruins, was denied because his license was
suspended for "refusing to submit to test."
One applicant, Donnie R. Hovis, was denied because he did not hold
a license that allowed operation of vehicles over 10,000 pounds for all
or part of the three-year period, and was involved in a CMV crash to
which he contributed. Both are disqualifying offenses.
Finally, one applicant, James W. Currie, did not have stable vision
during the three-year review period.
Issued on: March 28, 2005.
Rose A. McMurray,
Associate Administrator for Policy and Program Development.
[FR Doc. 05-6473 Filed 3-31-05; 8:45 am]