Rules and Regulations. Notice of denials
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/register/2013/12/24/2013-30720A 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 [FMCSA-2013-0171] Qualification of Drivers; Exemption Applications; Vision AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of denials. SUMMARY: FMCSA announces its denial of 91 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 will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions.
The Agency has concluded that granting these individuals an exemption would not achieve the required level of safety. FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical Programs Division, 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 91 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 15 applicants had no experience operating a CMV: Daniel S. Billig Christopher Delo Alan Dorantes Deborah S. Ford Rebecca L. Jenson Christopher M. Kelly Alex M. Long Charles McDonald Kenneth C. Mead Abdelkhaleq R. Muhammad Eduardo Nunez Michael J. Sawlville Richard Seidel Kyle Smith Kirk C. Ward The following 23 applicants did not have 3 years of experience driving a CMV on public highways with their vision deficiencies:
Gordon T. Anderson Amanuel W. Behon John Bertelle Devon W. Bivens Vernie W. Bochmann Larry Brown Larry E. Carter Eric Cherry Donald Darling David Dibbs Everett H. Fuller Tom Gibson Joshua A. Holcombe Christopher A. Johnson Thomas R. Lease Collin C. Longacre Jason McKinney Michael L. Mueting Steven D. Nelson Steven S. Smith, Jr. Kyle L. Souza Kyle M. Wallace Ricky W. Woods The following 3 applicants did not have 3 years of recent experience driving a CMV with the vision deficiency:
Roy Duncan Edmond Harold John M. Munroe The following applicant, Dawson Smith, did not have sufficient driving experience during the past 3 years under normal highway operating conditions. The following 2 applicants had their commercial driver's license suspended during the 3-year review period for moving violations. Applicants do not qualify for an exemption with a suspension during the 3-year period: Buck J. Barney Charles R. Edwards The following applicant, Victor A. Jorge, 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.
The following applicant, James C. Reed, Jr., was unable to obtain a statement from an optometrist or ophthalmologist stating that he was able to operate a commercial vehicle from a vision standpoint. The following 15 applicants were denied for miscellaneous/multiple reasons: Anthony Bartel Ricky A. Bruens DeAndre Bryan Robert S. Buckwalter John R. Freeman George H. Harrison Tim Hollenback Darrel J. Karpowicz Jason S. Klepp Mark H. Schneewind Brian R. Smith Glenn Snowberger Drake M.
Vendsel James E. Wilkes, III Willard C. Wilson The following applicant, Don R. Alexander, was denied because he never submitted the required documents. The following 11 applicants met the current federal vision standards. Exemptions are not required for applicants who meet the current regulations for vision: Bryan L. Adkins Charles J. Clay, Jr. Michael W. Doig Jonathan E. Edwards Shane B. Henninger Kevin Hesson Aldric L. Jones Fernando Polanco Francisca M. Rhodes Ronald F. Simpson Russel P.
Worl The following 12 applicants were denied because they will not be driving interstate, interstate commerce, or not required to carry a DOT medical card: Pasco Anderson Steven K. Bain William C. Braaten Stanley Chaskey Keith Dowty Richard B. Grove Richard Hazelwood Wilton F. Marine James B. McCullough Gary D. Morgan Michael Nishida-Llanes Dennis C. Welpe Finally, the following 6 applicants perform transportation for the federal government, state, or any political sub-division of the state.
Michael Newhouse Donald C. Schmitt Ronnie L. Pruitt Denish L. McQueen Jimmy J. Thornton Sharon McDaniel Issued on: December 16, 2013. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2013-30720 Filed 12-23-13; 8:45 am]
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- 49 CFR 381
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