Qualification of Drivers; Exemption Applications; Vision, 15583-15584 [E9-7560]

Download as PDF Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Notices requirements of section 4129 while continuing to ensure that operation of CMVs by drivers with ITDM will achieve the requisite level of safety required of all exemptions granted under 49 U.S.C. 31136(e). Section 4129(d) also directed FMCSA to ensure that drivers of CMVs with ITDM are not held to a higher standard than other drivers, with the exception of limited operating, monitoring and medical requirements that are deemed medically necessary. FMCSA concluded that all of the operating, monitoring and medical requirements set out in the September 3, 2003 Notice, except as modified, were in compliance with section 4129(d). Therefore, all of the requirements set out in the September 3, 2003 Notice, except as modified by the Notice in the Federal Register on November 8, 2005 (70 FR 67777), remain in effect. Issued on: March 31, 2009. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E9–7636 Filed 4–3–09; 8:45 am] BILLING CODE DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration Qualification of Drivers; Exemption Applications; Vision pwalker on PROD1PC71 with NOTICES 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, 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. VerDate Nov<24>2008 19:48 Apr 03, 2009 Jkt 217001 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 14 applicants lacked sufficient driving experience during the 3-year period prior to the date of their application: Richard L. Bilby Phillip J. Collova Layne Coscorrosa Craig D. Delph Jerry L. Gray Daniel Hill Matthew B. Lairamoe James F. McMahon, Jr. Gary R. Morgan Dale E. Schoettmer Jack Skaw Edward S. Stout Kenneth D. Summers George R. Van Gelder The following 11 applicants did not have any experience operating a CMV. Joey J. Abney Amy J. Armstrong Anthony W. Armstrong James Bay John H. Beenenga Leo M. Lampinen Rod Mosby Andrea R. Piatz Litter Rivera Sirrane Traylor Plato Watkins The following 22 applicants did not have 3 years of experience driving a CMV on public highways with the vision deficiency. PO 00000 Frm 00155 Fmt 4703 Sfmt 4703 15583 Dylan T. Arndt Fred R. Ballard, Jr. Dwight A. Bennett Walter Crean, III James E. Creswell Chris Croteau Jerold D. Endress Alvaro Esparza James L. Gordon Jerry N. Greear Semir Husnic Edward Kimpel Daryl C. Lenz Robert D. Lotz Guy E. McCraw Eric R. Mills Rodney Richardson Matthew N.D. Robbins Temistocles E. Sanchez Thomes L. Steinbach Glenn R. Theis Gary E. Valentine The following 7 applicants did not have 3 years of recent experience driving a CMV with the vision deficiency. Leonard C. Jackson Larry S. Keith Oliver A. Murphy Herbert Recore, Jr. William Rogers Jeffery C. Stokes Lyndon W. Williams The following 19 applicants did not have sufficient driving experience over the past 3 years under normal highway operating conditions. Danny F. Ahlgren Ronald Bishop James W. Carpenter Travis M. Christian Sean Conorman John Doyle Herman Froehle Steven H. Harris Jason L. Hoovan Jeffrey D. Huckle Ronald L. Kitchens Larry P. Magrath Jame R. Salsgiver Eric C. Sevier Claude L. Snider, Sr. Ronald C. Stringfellow Douglas E. Weld Scott Westphal Casey Willis, Jr. Two applicants, Martin L. Bailey and Darrol W. Rippee, had more than 2 commercial motor vehicle violations during the 3-year review period and/or application process. Each applicant is only allowed 2 moving citations. One applicant, Joseph Ivey, did not have sufficient peripheral vision in his better eye to qualify for an exemption. The following 7 applicants had commercial driver’s license suspensions during the 3-year review period in E:\FR\FM\06APN1.SGM 06APN1 pwalker on PROD1PC71 with NOTICES 15584 Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Notices relation to a moving violation. Applicants do not qualify for an exemption with a suspension during the 3-year period. Gary Alvarez Giovanni Cerino Robert O. Dolphin Todd Gilliam Paul H. Glowinski Ranjodh Singh Stephen Whitt One applicant, Robert D. Crumb, had 2 serious commercial motor vehicle violations within a 3-year period. Each applicant is only allowed a total of 2 moving violations, 1, which can be serious. One applicant, Charles H. Allen, 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, Justin M. Pool, did not hold a license which allowed operation of vehicles over 10,000 pounds for all or part of the 3-year period. The following 9 applicants were denied for miscellaneous/multiple reasons. John P. Atkinson Randy S. Benitez Kevin Byrd Gary M. Eggers Bradley C. Hansell Randall E. Harnack Owen E. Jackson Valentino Parker Dustin A. Wilson The following 4 applicants never submitted the required documents. James R. Blair Charles V. Fitzgerald Herman Gray Norman Patterson Finally, the following 13 applicants met the current federal vision standards. Exemptions are not required for applicants that meet the current regulations for vision. Jose F. Armenta Carlos R. Cordova Frederick L. Feyen Kenneth A. Keen Diana L. Martin Freddie B. Mills James W. Mize, Sr. James A. Shearin Oliver Smith Kenneth L. Sutphin Kenneth C. Thornton Edward Werling Leroy C. Williams VerDate Nov<24>2008 19:48 Apr 03, 2009 Jkt 217001 Issued on: March 27, 2009. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E9–7560 Filed 4–3–09; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket ID. FMCSA–2008–0398] 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 33 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 April 6, 2009. The exemptions expire on April 6, 2011. 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 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 self- PO 00000 Frm 00156 Fmt 4703 Sfmt 4703 addressed, 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 February 12, 2009, FMCSA published a notice of receipt of exemption applications from certain individuals, and requested comments from the public (74 FR 7098). That notice listed 33 applicants’ case histories. The 33 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 33 applications on their merits and made a determination to grant exemptions to all of them. 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 in each eye, and the ability to recognize the colors of traffic signals and devices showing standard red, green, and amber (49 CFR 391.41(b)(10)). FMCSA recognizes that some drivers do not meet the vision standard, but have adapted their driving to accommodate their vision limitation and demonstrated their ability to drive safely. The 33 exemption applicants listed in this notice are in this category. They are E:\FR\FM\06APN1.SGM 06APN1

Agencies

[Federal Register Volume 74, Number 64 (Monday, April 6, 2009)]
[Notices]
[Pages 15583-15584]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-7560]


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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.

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

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, 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:

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 14 applicants lacked sufficient driving experience 
during the 3-year period prior to the date of their application:

Richard L. Bilby
Phillip J. Collova
Layne Coscorrosa
Craig D. Delph
Jerry L. Gray
Daniel Hill
Matthew B. Lairamoe
James F. McMahon, Jr.
Gary R. Morgan
Dale E. Schoettmer
Jack Skaw
Edward S. Stout
Kenneth D. Summers
George R. Van Gelder

    The following 11 applicants did not have any experience operating a 
CMV.

Joey J. Abney
Amy J. Armstrong
Anthony W. Armstrong
James Bay
John H. Beenenga
Leo M. Lampinen
Rod Mosby
Andrea R. Piatz
Litter Rivera
Sirrane Traylor
Plato Watkins

    The following 22 applicants did not have 3 years of experience 
driving a CMV on public highways with the vision deficiency.

Dylan T. Arndt
Fred R. Ballard, Jr.
Dwight A. Bennett
Walter Crean, III
James E. Creswell
Chris Croteau
Jerold D. Endress
Alvaro Esparza
James L. Gordon
Jerry N. Greear
Semir Husnic
Edward Kimpel
Daryl C. Lenz
Robert D. Lotz
Guy E. McCraw
Eric R. Mills
Rodney Richardson
Matthew N.D. Robbins
Temistocles E. Sanchez
Thomes L. Steinbach
Glenn R. Theis
Gary E. Valentine

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

Leonard C. Jackson
Larry S. Keith
Oliver A. Murphy
Herbert Recore, Jr.
William Rogers
Jeffery C. Stokes
Lyndon W. Williams

    The following 19 applicants did not have sufficient driving 
experience over the past 3 years under normal highway operating 
conditions.

Danny F. Ahlgren
Ronald Bishop
James W. Carpenter
Travis M. Christian
Sean Conorman
John Doyle
Herman Froehle
Steven H. Harris
Jason L. Hoovan
Jeffrey D. Huckle
Ronald L. Kitchens
Larry P. Magrath
Jame R. Salsgiver
Eric C. Sevier
Claude L. Snider, Sr.
Ronald C. Stringfellow
Douglas E. Weld
Scott Westphal
Casey Willis, Jr.

    Two applicants, Martin L. Bailey and Darrol W. Rippee, had more 
than 2 commercial motor vehicle violations during the 3-year review 
period and/or application process. Each applicant is only allowed 2 
moving citations.
    One applicant, Joseph Ivey, did not have sufficient peripheral 
vision in his better eye to qualify for an exemption.
    The following 7 applicants had commercial driver's license 
suspensions during the 3-year review period in

[[Page 15584]]

relation to a moving violation. Applicants do not qualify for an 
exemption with a suspension during the 3-year period.

Gary Alvarez
Giovanni Cerino
Robert O. Dolphin
Todd Gilliam
Paul H. Glowinski
Ranjodh Singh
Stephen Whitt

    One applicant, Robert D. Crumb, had 2 serious commercial motor 
vehicle violations within a 3-year period. Each applicant is only 
allowed a total of 2 moving violations, 1, which can be serious.
    One applicant, Charles H. Allen, 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, Justin M. Pool, did not hold a license which allowed 
operation of vehicles over 10,000 pounds for all or part of the 3-year 
period.
    The following 9 applicants were denied for miscellaneous/multiple 
reasons.

John P. Atkinson
Randy S. Benitez
Kevin Byrd
Gary M. Eggers
Bradley C. Hansell
Randall E. Harnack
Owen E. Jackson
Valentino Parker
Dustin A. Wilson

    The following 4 applicants never submitted the required documents.

James R. Blair
Charles V. Fitzgerald
Herman Gray
Norman Patterson

    Finally, the following 13 applicants met the current federal vision 
standards. Exemptions are not required for applicants that meet the 
current regulations for vision.

Jose F. Armenta
Carlos R. Cordova
Frederick L. Feyen
Kenneth A. Keen
Diana L. Martin
Freddie B. Mills
James W. Mize, Sr.
James A. Shearin
Oliver Smith
Kenneth L. Sutphin
Kenneth C. Thornton
Edward Werling
Leroy C. Williams


    Issued on: March 27, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-7560 Filed 4-3-09; 8:45 am]
BILLING CODE 4910-EX-P
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