Qualification of Drivers; Exemption Applications; Vision, 74562-74563 [E8-28942]

Download as PDF 74562 Federal Register / Vol. 73, No. 236 / Monday, December 8, 2008 / Notices OMB Control Number: 2126–0003. Type of Request: Revision of a currently-approved information collection. Respondents: Motor carriers and commercial motor vehicle drivers. Estimated Number of Respondents: 732,038. Estimated Time per Response: Varies according to the requirements for specific records. Expiration Date: April 30, 2009. Frequency of Response: Varies according to requirements for specific records. Estimated Total Annual Burden: 66,267,505 hours [3,991,851 hours for inspection, repair, and maintenance + 59,094,379 hours for driver inspection + 590,933 hours for certification of corrective action + 2,265,280 hours for review of driver inspection reports + 251,629 hours for disposition of roadside inspection reports + 34,798 hours for periodic inspections + 18,301 hours for records of inspector qualifications + 20,334 hours for records of brake inspector qualifications = 66,267,505]. Public Comments Invited: You are asked to comment on any aspect of this information collection, including: (1) Whether the proposed collection is necessary for the performance of FMCSA’s functions; (2) the accuracy of the estimated burden; (3) ways for the FMCSA to enhance the quality, usefulness, and clarity of the collected information; and (4) ways that the burden could be minimized without reducing the quality of the collected information. The agency will summarize or include your comments in the request for OMB’s clearance of this information collection. Issued on: December 2, 2008. Terry Shelton, Associate Administrator for Research and Information Technology. [FR Doc. E8–28945 Filed 12–5–08; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration mstockstill on PROD1PC66 with NOTICES Qualification of Drivers; Exemption Applications; Vision AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of denials. SUMMARY: FMCSA announces its denial of 112 applications from individuals who requested an exemption from the Federal vision standard applicable to VerDate Aug<31>2005 16:32 Dec 05, 2008 Jkt 217001 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 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.’’ The procedures for requesting an exemption are set out in 49 CFR part 381. Accordingly, FMCSA evaluated 112 individual exemption requests on their merits 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 denials. The following 13 applicants lacked sufficient driving experience during the three-year period prior to the date of their application: Cehic, Muhamed Emerson, Mark S. Englis, James C. Evans, Ronald P. Fiddler, Eddie W. Mears, Allan Moon, Robert F. Odom, Roy Rugg, Thomas I. Seyfried, Jr., William J. Smith, Jr., Fornum J. PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 Sooy, Donna A. Vanlier, James A. The following 12 applicants did not have any experience operating a CMV. Bomholt, Scott P. Bradshaw, Owen D. Fanton, Arthur Garcia, Adrian Kayvani, Ali A. McEntee, Robert O. Phinney, Michael S. Romo, Manuel Shoebridge, Nicholas R. Solis, Rafael P. Watson, Jeffrey K. Youngblood, Justin P. The following 19 applicants did not have 3 years of experience driving a CMV on public highways with the vision deficiency. Bennett, Gerlad W. Buderus, Dusty L. Doolin, Roger B. Frasier, Jason A. Garcia, Francisco J. Irving, Johnny L. Jamal, Azizi A. Kalenbaugh, Matthew C. Klaska, Andrew C. Larrow, Todd P. Lawhorn, Larry D. Long, Tina Y. Luterbach, Douglas D. Miller, James C. Morales, David O. Phillips, William E. Richards, Jr., Joel Rusin, Adam A. Wilson, Jr., Thomas C. The following 7 applicants did not have 3 years of recent experience driving a CMV with the vision deficiency. Coffield, James J. Czyz, Jean E. Karow, Kevin G. Klatt, Michael A. Mieszala, Mark D. Pena, Gonzalo Snyder, Jr., Raymond L. The following 21 applicants did not have sufficient driving experience over the past 3 years under normal highway operating conditions. Bothwell, Robert L. Covert, LyDale M. Dosher, Jacob F. Dugger, William W. Greene, James P. Gunn, Aubrey D. Haman, Darin E. Hillsman, Archie C. Jackson, Donald E. Lachney, Shelton R. Marks, Michael D. Martell, Yandy H. Mast, Jennifer E. E:\FR\FM\08DEN1.SGM 08DEN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 236 / Monday, December 8, 2008 / Notices Mathews, Keith D. Motes, Marvin L. Perrotta, Andrew C. Picray, Jerald A. Powell, James R. Robertson, Kyle E. Terry, Charles A. White, Keith J. The following 6 applicants had commercial driver’s license suspensions 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 period. Baillargeon, David L. Nieves, Julio Pete, Freddy H. Shoemaker, Stephen K. Taflinger, Sr., James B. Torzon, Martin R. One applicant, Gary E. Lathrop, 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. One applicant, Randy A. Miller, did not demonstrate the level of safety required for interstate driving. The following 5 applicants did not hold a license which allowed operation of vehicles over 10,000 pounds for all or part of the three-year period. Bowman, Bruce E. Boyce, Lennie J. Gaines, Wilfred M. Schmidt, Ronald D. Steed, Marion D. The following 9 applicants were denied for miscellaneous/multiple reasons. Branham, Danny C. Dinan, Patrick D. Ellis, James Holiday, Ryan L. Hollister, Kevin B. Norland, Anthony P. Wellman, Carl F. Westerbeck, Randolph A. Whitehouse, Jayson M. Two applicants, James O. Cook and Mark R. Kiser, were disqualified because their vision was not stable for the entire three-year review period. One applicant, Mark G. Hurley, was a Canadian applicant. Finally, the following 15 applicants met the current federal vision standards. Exemptions are not required for applicants that meet the current regulations for vision. Adamire, Sr., Charles W. Alvarez, Oscar O. Blair, George E. Denman, Irvin L. VerDate Aug<31>2005 16:32 Dec 05, 2008 Jkt 217001 Devine, David S. Doucette, Joshua P. Elbon, Richard L. Guerrero, Alfonso Jenkins, Jeannette D. Kraft, Michael A. Pruett, Jeffrey W. Rose, Darryl W. Thatcher, Dick J. Thomas, Raymond L. Watson, Norman J. Issued on: November 28, 2008. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E8–28942 Filed 12–5–08; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2008–0292] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: SUMMARY: FMCSA announces its decision to exempt 22 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the prescribed vision standard. The Agency has concluded that granting these exemptions will provide a level of safety that is equivalent to, or greater than, the level of safety maintained without the exemptions for these CMV drivers. DATES: The exemptions are effective December 8, 2008. The exemptions expire on December 8, 2010. FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical Programs, (202)–366–4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 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: Electronic Access You may see all the comments online through the Federal Document Management System (FDMS) at https:// www.regulations.gov Docket: For access to the docket to read background documents or PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 74563 comments, go to https:// www.regulations.gov at any time or Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The FDMS is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a selfaddressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. Privacy Act: Anyone may search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or of the person signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review the DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19476). This information is also available at https://Docketsinfo.dot.gov. Background On October 17, 2008, FMCSA published a notice of receipt of exemption applications from certain individuals, and requested comments from the public (73 FR 61922). That notice listed 22 applicants’ case histories. The 22 individuals applied for exemptions from the vision requirement in 49 CFR 391.41(b)(10), for drivers who operate CMVs in interstate commerce. Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for a 2year period if it finds ‘‘such exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption.’’ The statute also allows the Agency to renew exemptions at the end of the 2-year period. Accordingly, FMCSA has evaluated the 22 applications on their merits and made a determination to grant exemptions to all of them. The comment period closed on November 17, 2008. Vision and Driving Experience of the Applicants The vision requirement in the FMCSRs provides: A person is physically qualified to drive a commercial motor vehicle if that person has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of a least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70 in the horizontal meridian E:\FR\FM\08DEN1.SGM 08DEN1

Agencies

[Federal Register Volume 73, Number 236 (Monday, December 8, 2008)]
[Notices]
[Pages 74562-74563]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-28942]


-----------------------------------------------------------------------

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: FMCSA announces its denial of 112 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 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.'' The procedures for requesting an exemption 
are set out in 49 CFR part 381.
    Accordingly, FMCSA evaluated 112 individual exemption requests on 
their merits 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 denials.
    The following 13 applicants lacked sufficient driving experience 
during the three-year period prior to the date of their application:

Cehic, Muhamed
Emerson, Mark S.
Englis, James C.
Evans, Ronald P.
Fiddler, Eddie W.
Mears, Allan
Moon, Robert F.
Odom, Roy
Rugg, Thomas I.
Seyfried, Jr., William J.
Smith, Jr., Fornum J.
Sooy, Donna A.
Vanlier, James A.

The following 12 applicants did not have any experience operating a 
CMV.

Bomholt, Scott P.
Bradshaw, Owen D.
Fanton, Arthur
Garcia, Adrian
Kayvani, Ali A.
McEntee, Robert O.
Phinney, Michael S.
Romo, Manuel
Shoebridge, Nicholas R.
Solis, Rafael P.
Watson, Jeffrey K.
Youngblood, Justin P.

    The following 19 applicants did not have 3 years of experience 
driving a CMV on public highways with the vision deficiency.

Bennett, Gerlad W.
Buderus, Dusty L.
Doolin, Roger B.
Frasier, Jason A.
Garcia, Francisco J.
Irving, Johnny L.
Jamal, Azizi A.
Kalenbaugh, Matthew C.
Klaska, Andrew C.
Larrow, Todd P.
Lawhorn, Larry D.
Long, Tina Y.
Luterbach, Douglas D.
Miller, James C.
Morales, David O.
Phillips, William E.
Richards, Jr., Joel
Rusin, Adam A.
Wilson, Jr., Thomas C.

    The following 7 applicants did not have 3 years of recent 
experience driving a CMV with the vision deficiency.

Coffield, James J.
Czyz, Jean E.
Karow, Kevin G.
Klatt, Michael A.
Mieszala, Mark D.
Pena, Gonzalo
Snyder, Jr., Raymond L.

    The following 21 applicants did not have sufficient driving 
experience over the past 3 years under normal highway operating 
conditions.

Bothwell, Robert L.
Covert, LyDale M.
Dosher, Jacob F.
Dugger, William W.
Greene, James P.
Gunn, Aubrey D.
Haman, Darin E.
Hillsman, Archie C.
Jackson, Donald E.
Lachney, Shelton R.
Marks, Michael D.
Martell, Yandy H.
Mast, Jennifer E.

[[Page 74563]]

Mathews, Keith D.
Motes, Marvin L.
Perrotta, Andrew C.
Picray, Jerald A.
Powell, James R.
Robertson, Kyle E.
Terry, Charles A.
White, Keith J.

    The following 6 applicants had commercial driver's license 
suspensions 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 period.

Baillargeon, David L.
Nieves, Julio
Pete, Freddy H.
Shoemaker, Stephen K.
Taflinger, Sr., James B.
Torzon, Martin R.

    One applicant, Gary E. Lathrop, 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.
    One applicant, Randy A. Miller, did not demonstrate the level of 
safety required for interstate driving.
    The following 5 applicants did not hold a license which allowed 
operation of vehicles over 10,000 pounds for all or part of the three-
year period.

Bowman, Bruce E.
Boyce, Lennie J.
Gaines, Wilfred M.
Schmidt, Ronald D.
Steed, Marion D.

    The following 9 applicants were denied for miscellaneous/multiple 
reasons.

Branham, Danny C.
Dinan, Patrick D.
Ellis, James
Holiday, Ryan L.
Hollister, Kevin B.
Norland, Anthony P.
Wellman, Carl F.
Westerbeck, Randolph A.
Whitehouse, Jayson M.

    Two applicants, James O. Cook and Mark R. Kiser, were disqualified 
because their vision was not stable for the entire three-year review 
period.
    One applicant, Mark G. Hurley, was a Canadian applicant.
    Finally, the following 15 applicants met the current federal vision 
standards. Exemptions are not required for applicants that meet the 
current regulations for vision.

Adamire, Sr., Charles W.
Alvarez, Oscar O.
Blair, George E.
Denman, Irvin L.
Devine, David S.
Doucette, Joshua P.
Elbon, Richard L.
Guerrero, Alfonso
Jenkins, Jeannette D.
Kraft, Michael A.
Pruett, Jeffrey W.
Rose, Darryl W.
Thatcher, Dick J.
Thomas, Raymond L.
Watson, Norman J.

    Issued on: November 28, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
 [FR Doc. E8-28942 Filed 12-5-08; 8:45 am]
BILLING CODE 4910-EX-P