Rules and Regulations. Notice of denials
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/register/2011/11/09/2011-29048A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 4910-EX-P 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 107 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: Elaine M. Papp, Chief, 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 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.” The procedures for requesting an exemption are set forth in 49 CFR part 381. Accordingly, FMCSA evaluated 107 individual exemption requests on their merit 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 the exemption request. Those decision letters fully outlined the basis for the denial and constitute final Agency action. The list published in this notice summarizes the Agency's recent denials as required under 49 U.S.C. 31315(b)(4) by periodically publishing names and reasons for denial. The following 9 applicants lacked sufficient driving experience during the 3-year period prior to the date of their applications: Mark Seyler Dwight H. Pease John F. Monette Dennis Joe Crandall Sergio Alvarez Ruiz Keith Raymond Hughes Timothy T. Stapleton Andrew Fletcher Hill Larry Periman The following 9 applicants had no experience operating a CMV: William J. Smith Drew Buss A.D. Alexander Joshua Wayne Crosby Samuel Brown, Jr. James Norbert Fisher Adewale A. Haastrup David G. Thoroughn Daniel Ramse One applicant, William Kraemer, did not have 3 years of experience driving a CMV on public highways with the vision deficiency: The following 18 applicants did not have 3 years of recent experience driving a CMV with the vision deficiency: Norman Donald Hursey Timothy Allen Easter, Sr. James Muldoon Jeffrey Roughton John E. Humphery Douglas Claxton James Roscoe Brittain III Jerry M. Puckett Larry Dexter Georgia Marcum John Darr Kevin Menard Christopher Jax Charles Ray Brittain Kevin Robert Cowger Clifford Blaine Thompson Timothy Garland Kevin Barker The following 14 applicants did not have sufficient driving experience during the past 3 years under normal highway operating conditions: Jose P. Martinez Phillip Gene Roberts Dennis Wayne Vaughn John Gramling Larry Ventimiglia Bret Harold Bulcher Daniel John Hodges Douglas Stanley Steven F. Albro Nathan W. Sears Michael Wayne Gilley William C. Miller Darrell Prather James Jaramillo One applicant, Robert J. Moore, Jr., was charged with moving violation(s) in conjunction with a commercial motor vehicle accident(s). This is a disqualifying offense. One applicant, Gregory Busche, does not have sufficient peripheral vision in the better eye to qualify for an exemption. The following applicant, Randy Fielder, had a commercial driver's license suspension during the 3-year review period for moving violations. Applicants do not qualify for an exemption with a suspension during the 3-year period. The following 2 applicants contributed to accident(s) in which the applicant was operating a commercial motor vehicle. This is a disqualifying offense. David Lynn Ellis Mark John Cairns The following 11 applicants were denied for miscellaneous/multiple reasons: Mark Don Morrishow Manuel DeJesus Luna Frank James Means Cameron M. Chauvin Jeffery Wayne Vaughan James Loyde Meisner David Wayne Trawick Robert Fortune Thomas Keith Wagner William Kenneth Griffin Erasmus Okonkwo Odili The following 2 applicants were denied because their vision was not stable for the entire 3-year period. Barry Lee Crenshaw Daniel J. Piechocki The following 2 applicants were denied because they do not meet the vision standard in the better eye: William R. Connolly Jose A. Guevara One applicant, Roger Doyle, was denied because his CDL was suspended during the 3-year period in relation to an accident. The accident may or may not be related to his medical condition. The following 4 applicants met the current federal vision standards. Exemptions are not required for applicants who meet the current regulations for vision: Edward A. Bechtel Donald Class Terry Alvin Leffler Terry Lee Engelhardt The following 22 applicants were denied because they will not be driving interstate, interstate commerce, or not required to carry a DOT medical card: Kary Lee Montour Ryan M. Wagner Shawn Michael Priess Carlos R. Gonzalez Jerard David Menyhart Danny Michael Harris Kevin Palmer Moises P. Ibarra Jeffery O. Nischwitz Danny Ray Haner Orenthal Arnelle Kellam Larry Lee Dorrance Lloyd Edward Bean Michael Young Raymond Miller Ruben Armando Gallardo Paul Anthony Castillo Warren Vernon Hopper Jose Marisco Thomas B. Bliven Michael Jacson Larry E. Markowski Finally, the following 9 applicants perform transportation for the federal government, state, or any political sub-division of the state. Jimmy Dale Johnson, II Wesley R. Jackson Hilliard Whitehead Mark S. Miller John Matthew Holder Gerald E. Thomas, Jr. Edward Lee Talbert Debra V. Bryant Alonzo Bailey Issued on: October 28, 2011. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2011-29048 Filed 11-8-11; 8:45 am]
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- 49 CFR 381
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