Qualification of Drivers; Exemption Applications; Vision, 16885-16886 [05-6473]
Download as PDF
<![CDATA[
Federal Register / Vol. 70, No. 62 / Friday, April 1, 2005 / Notices
Transportation and Highway Safety
approved a new National Safety Code
Standard for cargo securement. The new
Canadian securement requirements are
expected to be fully implemented by
this summer, 2005.
Maintaining Uniformity Between U.S.
and Canadian Cargo Securement
Standards
FMCSA believes it is necessary to
continue working with U.S. and
Canadian industry experts, Federal,
State, and Provincial enforcement
officials and other interested parties to
maintain harmonization of U.S. and
Canadian cargo securement standards. A
major part of this effort includes
uniformity in interpreting the meaning
of requirements adopted by the U.S. and
Canada. While there are some
differences between certain provisions
adopted by FMCSA and Canada’s
National Safety Code Standard 10, the
contents of most of the Model
Regulations have been adopted, or will
be adopted shortly, by almost all
jurisdictions in the U.S. and Canada. To
ensure consistency in the interpretation
and enforcement of the requirements,
FMCSA is working with its Canadian
partners to develop a process for sharing
information about requests for
interpretation, and exchanging technical
information that will be helpful to the
regulatory agencies in developing their
responses to such requests. FMCSA will
continue to work with its Canadian
partners to ensure that interpretations
are provided in an efficient and timely
manner to all interested parties.
As a first step, FMCSA is holding a
public meeting to provide all interested
parties an opportunity to participate in
discussions between the agency and its
Canadian counterparts about
interpretations and other
implementation issues.
Additional Meeting Information
The meeting is on April 21–22, 2005,
at the Albuquerque Convention Center
(Enchantment 1 Room), 401 Second
Street NW., Albuquerque, New Mexico.
On April 21, the meeting is from 1 to 5
p.m.; and on April 22, from 8 a.m. to 5
p.m. This meeting is free of charge and
open to all interested parties.
The public meeting is being held
immediately after the Commercial
Vehicle Safety Alliance’s (CVSA’s) 2005
Annual Conference ends. If you are
interested in attending CVSA’s
conference sessions and committee
meetings, you must register with CVSA
and pay the appropriate registration fee.
For further information about
registering, you should contact CVSA at
(202) 775–1623.
VerDate jul<14>2003
17:15 Mar 31, 2005
Jkt 205001
Issued on: March 28, 2005.
Annette M. Sandberg,
Administrator.
[FR Doc. 05–6488 Filed 3–31–05; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of denials.
AGENCY:
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 (CMV) drivers.
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.
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 31315 and 31136(e),
FMCSA may grant an exemption from
the Federal vision standard for a twoyear 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
PO 00000
Frm 00095
Fmt 4703
Sfmt 4703
16885
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 denials.
The following 52 applicants lacked
sufficient recent driving experience
during the three-year period prior to the
date of their application:
Adkins, William I.
Alejandro, Pablo
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.
Dozier, Clifton
Durer, James F.
Else, Gerald G.
Fischer, Matthew A.
Frampton, James A.
Gilleland, David J.
Gravely, Donald G.
Graves, Thomas
Haas, Kenneth L.
Hamilton, Jeffery A.
Hill, Ray C.
Hummel, Patrick B.
Jackman, Norman
Johnson, James L.
Kelly, Danny J.
Kopeshke, Edward M.
Kuhr, Howard G.
Lana, Carmelo
Langford, William D.
Leven, Hugh
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.
Silver, Sylvester
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:
E:\FR\FM\01APN1.SGM
01APN1
16886
Federal Register / Vol. 70, No. 62 / Friday, April 1, 2005 / Notices
Chiakas, Randall
Jones, Nathan B.
Loum, Mamadou
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.
Ross, Edward
Kou, Xiong
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.
Bayer, Jeffery
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.
Peculis, Brian
Pitts, Sr., Jeffery A.
Reed, Sr., Franklin D.
Robbins, Frederick G.
Shaw, Ricky D.
Smith, Raymond C.
VerDate jul<14>2003
17:15 Mar 31, 2005
Jkt 205001
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.
Waiters, Clifton
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]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket Nos. FMCSA–98–4334, FMCSA–
2003–14223]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of renewal of exemption;
request for comments.
AGENCY:
SUMMARY: This notice publishes the
FMCSA decision to renew the
exemptions from the vision requirement
in the Federal Motor Carrier Safety
Regulations for 13 individuals. 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 will 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.
PO 00000
Frm 00096
Fmt 4703
Sfmt 4703
This decision is effective April
21, 2005. Comments from interested
persons should be submitted by May 2,
2005.
ADDRESSES: You may submit comments
identified by DOT DMS Docket
Numbers FMCSA–98–4334 and
FMCSA–2003–14223 by any of the
following methods:
• Web Site: https://dms.dot.gov.
Follow the instructions for submitting
comments on the DOT electronic docket
site.
• Fax: 1–202–493–2251.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 400
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590–
0001.
• Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal
Holidays.
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
Instructions: All submissions must
include the agency name and docket
numbers for this notice. For detailed
instructions on submitting comments
and additional information on the
rulemaking process, see the Public
Participation heading of the
Supplementary Information section of
this document. Note that all comments
received will be posted without change
to https://dms.dot.gov, including any
personal information provided. Please
see the Privacy Act heading under
Regulatory Notices.
Docket: For access to the docket to
read background documents or
comments received, go to https://
dms.dot.gov at any time or to Room PL–
401 on the plaza level of the Nassif
Building, 400 Seventh Street, SW.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal Holidays.
FOR FURTHER INFORMATION CONTACT:
Mary D. Gunnels, Office of Bus and
Truck Standards and Operations, (202)
366–4001, FMCSA, Department of
Transportation, 400 Seventh Street,
SW., Washington, DC 20590–0001.
Office hours are from 8 a.m. to 5 p.m.,
e.t., Monday through Friday, except
Federal holidays.
SUPPLEMENTARY INFORMATION: Public
Participation: The DMS is available 24
hours each day, 365 days each year. You
can get electronic submission and
retrieval help guidelines under the
‘‘help’’ section of the DMS web site. If
you want us to notify you that we
DATES:
E:\FR\FM\01APN1.SGM
01APN1
]]>Agencies
[Federal Register Volume 70, Number 62 (Friday, April 1, 2005)]
[Notices]
[Pages 16885-16886]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6473]
-----------------------------------------------------------------------
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
(CMV) drivers.
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.
SUPPLEMENTARY INFORMATION:
Background
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
application:
Adkins, William I.
Alejandro, Pablo
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.
Dozier, Clifton
Durer, James F.
Else, Gerald G.
Fischer, Matthew A.
Frampton, James A.
Gilleland, David J.
Gravely, Donald G.
Graves, Thomas
Haas, Kenneth L.
Hamilton, Jeffery A.
Hill, Ray C.
Hummel, Patrick B.
Jackman, Norman
Johnson, James L.
Kelly, Danny J.
Kopeshke, Edward M.
Kuhr, Howard G.
Lana, Carmelo
Langford, William D.
Leven, Hugh
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.
Silver, Sylvester
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:
[[Page 16886]]
Chiakas, Randall
Jones, Nathan B.
Loum, Mamadou
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.
Ross, Edward
Kou, Xiong
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.
Bayer, Jeffery
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.
Peculis, Brian
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.
Waiters, Clifton
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]
BILLING CODE 4910-EX-P
