Federal Motor Carrier Safety Administration (FMCSA), DOT.
Notice of denials.
The FMCSA announces that 534 individuals were denied exemptions from the Federal vision standard applicable to interstate truck drivers and the reasons for their denials.Start Further Info
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.End Further Info End Preamble Start Supplemental Information
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 534 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 213 applicants lacked sufficient recent driving experience over three years:
Bodiford, Jr., Cecil
Catillo, Jr., Ramon
Dahmer, Jr., Herman
Goodrum III, Horace
Hogue, LarryStart Printed Page 70803
Inge, Jr., William
Judd, Jr., Paul
Larivee, Sr., Robert
McClure, Jr., Robert
McDaniel II, Otis
Miranda, Jr., Joseph
Prewitt, Jr., James
Rhodes, Jr., John
Riley, Jr., James
Russ II, John
St. John, Gary
Swartz, Jr., Arthur
Taylor, Richard B.
Taylor, Richard E.
Victoriano, Sr., Dennis
The following 57 applicants had no experience operating 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:
Barrett, Jr., Gregory
Critchley, Jr., Philip
DiPasqua III, Louis
Van Blaricom, Abelardo
Withrow, Jr., Edgar
The following 101 applicants do not have 3 years of experience driving a CMV on public highways with the vision deficiency:
Arsenault, Paul Start Printed Page 70804
Clegg, Jr., Henry
Dooley, Jr., Rex
Murphy, Jr., Patrick
Robinson II, Chester
Van Horn, Joseph
West, Jr., Lewis
The following 40 applicants do not have 3 years recent experience driving a CMV with the vision deficiency:
Baxter, N. Keith
Britt, Jr., William
Burnett, Jr., Walter
Clayton, Jr., Arthur
McFarlane, Sr., Larry
The following 3 applicants, Guy Manning, Percy Martin, and Christopher Watson, do not need the exemption because they already meet the vision standard at 49 CFR 391.41(b)(10).
The following 13 applicants do not qualify because they were charged with moving violation(s) in conjunction with CMV accident(s), which is a disqualifying offense under the exemption criteria:
Webster, Jr., Howard
The following 3 applicants, Clarence Downing, Clifford Foster, and Steven Marshall, had more than two CMV moving violations during a 3-year period or while the applications were pending. Each applicant is only allowed two moving citations.
One applicant, Mr. Charles Grant, does not have sufficient peripheral vision in the better eye to qualify for an exemption.
One applicant, Mr. Kent Richards, does not qualify for the exemption because he had other medical conditions making him otherwise unqualified under the Federal Motor Carrier Safety Regulations (FMCSRs).
The following 25 applicants' licenses were 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.
Closson, Jr., John
Esmay, Jr., Eldon
Froy, Jr., Kenneth
Palmer, DerekStart Printed Page 70805
Tolle II, Donald
The following 6 applicants do not have verifiable proof of commercial driving experience during a 3-year period under normal highway operating conditions that would serve as an adequate predictor of future safety performance:
The following 30 applicants were involved in CMV accidents in which they contributed to the accident:
Brockman, Jr., Thomas
Swann, Jr., Clarence
The following 8 applicants do not demonstrate the level of safety required for interstate driving based on information received on state-issued driving reports due to excessive moving/non-moving violations during the 3-year period:
The following 7 applicants do not hold licenses which allow operation of a CMV over 10,000 pounds gross vehicle weight rating (GVWR) for all or part of the 3-year period:
Cain III, Fitzhugh
The following 14 applicants were placed in the “other” category for having multiple reasons for denial:
One applicant, Mr. Sheldon Fryar, does not qualify for an exemption because he submitted unverifiable documentation during the application process.
The following 5 applicants were disqualified because their vision had not been stable within the three-year period:
Baldwin, Sr., James
One applicant, Mr. Roy Via, was disqualified because he held two CDLs simultaneously. Mr. Via was reported to the Department of Motor Vehicles in the two States where he obtained the CDLs. Mr. Via no longer holds two CDLs.
One applicant, Mr. William Hicks, Jr., was not qualified because he did not meet the vision standard in the better eye.
Finally, 4 Canadian drivers applied for an exemption. The reciprocity agreement between the United States and Canada does not permit Canadian drivers who do not meet the medical provisions in the National Safety Code of Canada but may have a waiver issued by one of the Canadian provinces or territories to drive CMVs in the United States.
Townson, DavidStart Signature
Issued on: November 19, 2002.
Brian M. McLaughlin,
Associate Administrator for Policy and Program Development.
[FR Doc. 02-29973 Filed 11-25-02; 8:45 am]
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