[Federal Register: December 11, 2000 (Volume 65, Number 238)] [Notices] [Page 77473-77484] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr11de00-130] [[Page 77473]] ----------------------------------------------------------------------- Part V Department of Transportation ----------------------------------------------------------------------- Federal Motor Carrier Safety Administration ----------------------------------------------------------------------- Qualification of Drivers; Exemption Applications; Vision; Notice [[Page 77474]] ----------------------------------------------------------------------- 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: The FMCSA is publishing the names of persons denied exemptions from the vision standard in 49 CFR 391.41(b)(10) and the reasons for the denials. FOR FURTHER INFORMATION CONTACT: For information about the applications addressed in this notice, Ms. Teresa Doggett, Office of Bus and Truck Standards and Operations, MC-PSD, (202) 366-2990; for information about legal issues related to this notice, Mr. Joe Solomey, Office of the Chief Counsel, (202) 366-1374, FMCSA, 400 Seventh Street, SW., Washington, D.C. 20590-0001. Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: The Secretary of Transportation (Secretary) has the authority under 49 U.S.C. 31502 and 31136 to establish standards for physical qualifications that must be met by commercial motor vehicle drivers in interstate commerce. These standards are published in Part 391 of the Federal Motor Carrier Safety Regulations. The history and delegation of authority to the Federal Motor Carrier Safety Administration (FMCSA) was published in the Federal Register on January 4, 2000 (65 FR 220). Background On June 9, 1998, the FHWA's waiver authority changed with enactment of the Transportation Equity Act for the 21st Century (TEA-21), Public Law 105-178, 112 Stat. 107. Section 4007 of TEA-21 amended the waiver provisions of 49 U.S.C. 31136(e) and 31315 to change the standard for evaluating waiver requests, to distinguish between a waiver and an exemption, and to establish term limits for both. Under revised section 31136(e), the FMCSA may grant a waiver for a period of up to 3 months or an exemption for a renewable 2-year period. The amendments to 49 U.S.C. 31136(e) also changed the criteria for exempting a person from application of a regulation. Previously an exemption was appropriate if it was consistent with the public interest and the safe operation of CMVs. Now the FMCSA may grant an exemption 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.'' According to the legislative history, the Congress changed the statutory standard to give the agency greater discretion to consider exemptions. The previous standard was judicially construed as requiring an advance determination that absolutely no reduction in safety would result from an exemption. The Congress revised the standard to require that an ``equivalent'' level of safety be achieved by the exemption. The FMCSA individually evaluated 247 exemption requests on their merits, as required by the decision in Rauenhorst v. United States Department of Transportation, Federal Highway Administration, 95 F. 3d. 715 (8th Cir. 1996), and determined that the applicants do not satisfy the criteria established to demonstrate that granting the exemptions is likely to achieve an equal or greater level of safety than 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. Two hundred and six applicants lacked sufficient recent driving experience over the past three years. Thirteen applicants lacked at least three years of experience driving a commercial motor vehicle with their respective vision deficiencies. Two applicants had no experience driving a commercial motor vehicle. Five applicants were convicted of moving violations in conjunction with accidents. An applicant for an exemption cannot be involved in an accident for which he or she received a citation for a moving violation. Two applicants could not qualify for the exemption because they were convicted of three speeding violations in a three-year period, thus exceeding the two speeding violation maximum in a three-year period to qualify for the vision exemption. Two applicants had their licenses suspended during the three-year period and, therefore, could not qualify for the exemption. Two applicants did not qualify for the vision exemption because, in addition to the vision deficiency, they have other disqualifying medical conditions, and cannot meet the physical qualifications standards found at 49 CFR 391.41. One applicant did not have sufficient peripheral vision in the better eye to qualify for an exemption. Fourteen applicants did not qualify for the exemption because they meet the vision standards at 49 CFR 391.41(b)(10). Summary of Causes for Not Granting Exemptions The FMCSA has denied the following petitions for exemption from the vision standard in 49 CFR 391.41(b)(10). In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), the agency is publishing the names of the applicants and the reasons for not granting exemptions. 1. Darryl P. Aalvik Mr. Aalvik does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 2. Raymond Albernaz Mr. Albernaz does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 3. Jesse D. Alligood Mr. Alligood does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 4. Roberto E. Alvarado Mr. Alvarado has no experience operating a commercial motor vehicle and therefore presented no evidence from which the FMCSA can conclude that granting the exemption is likely to achieve a level of safety equal to that existing without the exemption. 5. Tracy Ammons Mr. Ammons does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safety performance. 6. Mike Anderson Mr. Anderson does not have 3 years of experience driving a commercial motor vehicle with his vision deficiency. 7. Melvin R. Athey, Jr. Mr. Athey does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. [[Page 77475]] 8. Doug Aulbach Mr. Aulbach does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 9. Richard M. Ault Mr. Ault does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 10. John W. Badgley Mr. Badgley does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 11. Stanley C. Bailey Mr. Bailey does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 12. John E. Baker Mr. Baker does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 13. William H. Ballew Mr. Ballew does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 14. Michael L. Balmer Mr. Balmer does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 15. Bobby Balusek, Sr. Mr. Balusek does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 16. Timothy D. Barger Mr. Barger does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 17. Ronald Becklund Mr. Becklund does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 18. James J. Belfiore Mr. Belfiore does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 19. Martin Bellcour Mr. Bellcour does not have 3 years recent experience driving a commercial motor vehicle with his vision deficiency. 20. Donald Bersano Mr. Bersano does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 21. Paul D. Berube Mr. Berube does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 22. Walter E. Bible Mr. Bible does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 23. John M. Bigler Mr. Bigler does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 24. William Bonivich Mr. Bonivich does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 25. Allen G. Bors Mr. Bors does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 26. Claude Bowden Mr. Bowden does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 27. Howard A. Bradeen Mr. Bradeen does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 28. Russell Bradshaw Mr. Bradshaw does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 29. Joe C. Briones Mr. Briones does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 30. William R. Broman Mr. Broman does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 31. Andrew E. Brown Mr. Brown does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 32. Anthony D. Brown Mr. Brown does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 33. Richard D. Brown Mr. Brown does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 34. Saul Brown Mr. Brown does not have sufficient driving experience over the past 3 years [[Page 77476]] under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 35. Robert J. Bruce Mr. Bruce does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 36. Franklin Brume Mr. Brume meets the vision requirements at 49 CFR 391.41(b)(10). According to an exam, his corrected visual acuity is 20/20 in the right eye and 20/25 in the left eye. He does not need a vision exemption. 37. Charles Buller Mr. Buller does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 38. Clifford Burnside Mr. Burnside does not have 3 years recent experience driving a commercial motor vehicle with his vision deficiency. 39. Joseph Cameron Mr. Cameron does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 40. Timothy Campo Mr. Campo does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 41. Bobby R. Carroll Mr. Carroll does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 42. Corey J. Catt Mr. Catt does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 43. William J. Caudill Mr. Caudill does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 44. Charles R. Chambers Mr. Chambers does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 45. Al Chance Mr. Chance does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 46. John D. Chaney Mr. Chaney does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 47. Jay A. Chapman Mr. Chapman does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 48. James Christian Mr. Christian does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 49. Stanley Christman Mr. Christman does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 50. Edward Cieslik Mr. Cieslik does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 51. Anthony T. Cinque Mr. Cinque does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 52. Peter D. Clark Mr. Clark does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 53. Lindon R. Coates Mr. Coates does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 54. Robert Coates, Jr. Mr. Coates does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 55. Roger L. Collins Mr. Collins was charged with a moving violation on August 20, 1996, in conjunction with an accident, which disqualifies him. 56. Rusbel P. Contreras Mr. Contreras does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 57. George E. Cooper Mr. Cooper does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 58. Charles Cornwell Mr. Cornwell does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 59. Randy Cowgill Mr. Cowgill does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 60. David L. Creamer Mr. Creamer does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. [[Page 77477]] 61. Jo E. Crocker Mr. Crocker does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 62. Gerald Culverwell Mr. Culverwell does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 63. Jefferey A. Darge Mr. Darge does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 64. Eric Davis, Sr. Mr. Davis does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 65. Milton Day Mr. Day had three commercial motor vehicle speeding violations within a 3-year period while operating a commercial motor vehicle. He does not qualify since each applicant is allowed only 2 citations. 66. William A. Decker Mr. Decker had three commercial motor vehicle speeding violations within a 3-year period while operating a commercial motor vehicle. He does not qualify since each applicant is allowed only 2 citations. 67. Bradley D. DeHaven Mr. DeHaven meets the vision requirements at 49 CFR 391.41(b)(10) according to his most recent eye exam. His corrected visual acuity is 20/20 in the right eye and 20/40 in the left eye. He does not need an exemption. 68. George P. Deon Mr. Deon does not have three years of experience driving a commercial motor vehicle with his vision deficiency. 69. Rod Dowden-Parrott Mr. Dowden-Parrott does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 70.William E. Droll, Jr Mr. Droll does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 71. George Eicholz Mr. Eicholz does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 72. Frederick B. Ellis Mr. Ellis does not have 3 years recent experience driving a commercial motor vehicle with his vision deficiency. 73. Van Emery, Jr. Mr. Emery does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safety performance. 74. Mitchell E. Estep Mr. Estep meets the vision requirements at 49 CFR 391.41(b)(10) according to his most recent eye exam. The doctor was able to correct the driver's vision to 20/40 in the weaker left eye. The right eye is normal with an uncorrected visual acuity of 20/20. He does not need an exemption. 75. John Evenson Mr. Evenson does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 76. Mark Everline Mr. Everline does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 77. Loel Faulkinham Mr. Faulkinham does not have sufficient peripheral vision in the better eye to qualify for an exemption. 78. Thomas Ferris Mr. Ferris does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 79. Jerald Ford Mr. Ford does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 80. Vernon L. Forman Mr. Forman has other medical conditions making him otherwise unqualified under the Federal Motor Carrier Safety Regulations. All applicants must meet all other physical qualifications standards in 49 CFR 391.41(b)(1-13). 81. Hyman Fowler Mr. Fowler does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 82. Michael S. Gancasz Mr. Gancasz does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 83. Martin E. Gard Mr. Gard does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 84. Alexander J. Gater Mr. Gater does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 85. William C. Greenberg Mr. Greenberg does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 86. David J. Greenwood Mr. Greenwood does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 87. William K. Grider Mr. Grider does not have sufficient driving experience over the past 3 years under normal highway operating [[Page 77478]] conditions that would serve as an adequate predictor of future safe performance. 88. Mark A. Grissom Mr. Grissom does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 89. Harold Gunter Mr. Gunter meets the vision requirements at 49 CFR 391.41(b)(10). His corrected visual acuity is 20/20 in the right eye and 20/30 in the left eye. He does not need an exemption. 90. Jeffrey Hahn, Jr. Mr. Hahn does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 91. James W. Harris Mr. Harris does not have 3 years of experience driving a commercial motor vehicle with his vision deficiency. 92. Johnny W. Hartley Mr. Hartley does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 93. Calvin Hastings Mr. Hastings does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 94. Timmie E. Headley Mr. Headley does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 95. Thomas E. Henderson, Sr. Mr. Henderson does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 96. Terry Hendrickson Mr. Hendrickson does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 97. Robert Henrikson Mr. Henrikson does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 98. Francis K. Hill Mr. Hill does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 99. Donn Hinkle Mr. Hinkle does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 100. James Hoeft Mr. Hoeft does not have 3 years of experience driving a commercial motor vehicle with his vision deficiency. 101. Craig Hoffman Mr. Hoffman does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 102. James B. Houchins Mr. Houchins does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 103. Willie J. Howard, Jr. Mr. Howard does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 104. Randy C. Howell Mr. Howell does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 105. William J. Humphrey Mr. Humphrey does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 106. Aldeny Hurst, Jr. Mr. Hurst does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 107. Danny L. Hyde Mr. Hyde does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 108. James Jackson Mr. Jackson does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 109. Keith W. Jackson Mr. Jackson does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 110. Kelvin C. Jackson Mr. Jackson does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 111. Monte L. Jarvis Mr. Jarvis does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 112. Chris D. Johnson Mr. Johnson does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 113. Curtis Jones Mr. Jones does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 114. Derek L. Jones Mr. Jones does not have sufficient driving experience over the past 3 years [[Page 77479]] under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 115. Harold D. Jones Mr. Jones does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 116. Paul Jones Mr. Jones does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 117. James J. Keranen Mr. Keranen does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 118. Leora J. Kirby Ms. Kirby does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 119. Mark Knochelman Mr. Knochelman does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 120. Kelly R. Konesky Mr. Konesky does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 121. Charles P. Landrus Mr. Landrus does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 122. Gary B. Laramore, Sr. Mr. Laramore does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 123. John Lawrence Mr. Lawrence does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 124. Didge Lawson Mr. Lawson does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 125. Byron K. Leggett Mr. Leggett does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 126. Ray P. Lenz Mr. Lenz does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 127. Earnest W. Lewis Mr. Lewis does not have 3 years of experience driving a commercial motor vehicle with his vision deficiency. 128. Jerry P. Lindesmith Mr. Lindesmith does not have 3 years of experience driving a commercial motor vehicle with his vision deficiency. 129. James S. Loggins Mr. Loggins does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 130. Billy W. Long Mr. Long does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 131. William Long Mr. Long does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 132. Michael C. Love Mr. Love does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 133. Herman G. Lovell Mr. Lovell does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 134. Bruce A. Lucas Mr. Lucas does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 135. Marvin M. Lundquist Mr. Lundquist meets vision requirements at 49 CFR 391.41(b)(10). According to a July 14, 1999, eye exam, his corrected visual acuity is 20/20 in the right eye and 20/30 in the left eye. He does not need an exemption. 136. Randall S. Lunge Mr. Lunge does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 137. James E. Lutt Mr. Lutt does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 138. Mervin D. Lytle Mr. Lytle does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 139. Jacob D. Maestas Mr. Maestas does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 140. Roland J. Mandigo Mr. Mandigo does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. [[Page 77480]] 141. Michael R. Mangan Mr. Mangan does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 142. David J. Mansfield Mr. Mansfield does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 143. Harold W. Martin Mr. Martin does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 144. Patrick J. Martin, Jr. Mr. Martin does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 145. Jose L. Martinez Mr. Martinez meets the vision requirements at 49 CFR 391.41(b)(10). His corrected visual acuity is 20/20 in the right eye and 20/30 in the left eye. He does not need an exemption. 146. Mark A. Massengill Mr. Massengill does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 147. Jason Masterson Mr. Masterson does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 148. Walter P. Mathys Mr. Mathys does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 149. Gerald M. McCay Mr. McCay does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 150. Dennis M. McDaniel Mr. McDaniel does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 151. Donald R. McGee Mr. McGee does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 152. Bernard F. McIlonie Mr. McIlonie does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 153. Charles O. McWhortler Mr. McWhortler does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 154. Felipe Medina Mr. Medina does not have 3 years of experience driving a commercial motor vehicle with his vision deficiency. 155. Rosalio Mendoza Mr. Mendoza does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 156. Nicholas Mercorella, Jr. Mr. Mercorella does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 157. Dennis Michaelis Mr. Michaelis meets the vision requirements at 49 CFR 392.41(b)(10). His vision is corrected to 20/40 in the right eye and 20/20 in the left eye. He does not need an exemption. 158. Charles B. Miller Mr. Miller does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 159. Darian T. Miller Mr. Miller does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 160. David S. Moore Mr. Moore meets the vision requirements at 49 CFR 391.41(b)(10). According to his most recent eye exam the doctor states that his corrected visual acuity is 20/25 in the right eye and 20/40 in the left eye. He does not need an exemption. 161. Jimmy L. Moore Mr. Moore was involved in an accident on 7/3/98 and was issued a citation for an ``Improper Turn.'' This is a disqualifying offense. An applicant for an exemption cannot be involved in an accident for which he or she received a citation for a moving violation. 162. Philip B.Moore Mr. Moore does not have 3 years of experience driving a commercial motor vehicle with his vision deficiency. 163. Doug Moos Mr. Moos does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 164. Benjamin C. Morris Mr. Morris does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 165. Theodore C. Morris Mr. Morris does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 166. David L. Norris Mr. Norris does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 167. Guillermo G. Nuncio Mr. Nuncio meets the vision requirements at 49 CFR 391.41(b)(10). According to his most recent eye exam, the doctor states that his corrected visual acuity is 20/25 in the right eye [[Page 77481]] and 20/20 in the left eye. He does not need an exemption. 168. Will H. Ogburn Mr. Ogburn does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 169. Howard J. Oliver, II Mr. Oliver does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 170. Keith E. Page Mr. Page does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 171. Jeffery A. Pate Mr. Pate does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 172. Craig B. Peay Mr. Peay does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 173. Randy R. Pedeferri Mr. Pedeferri does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 174. Rafael O. Perez Mr. Perez does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 175. Jeffrey Peterson Mr. Peterson does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 176. David A. Petsch Mr. Petsch does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. He does not have 3 years experience driving a commercial motor vehicle with the vision deficiency. 177. Marvin L. Pond Mr. Pond does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 178. Vicki L. Powell Ms. Powell does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 179. James H. Prewitt, Jr. Mr. Prewitt does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 180. Welcome W. Pryor, Jr. Mr. Pryor does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 181. James A. Reay Mr. Reay does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 182. Christopher Reed Mr. Reed does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 183. Kenion L. Reid Mr. Reid does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 184. Elmer A. Richmeier Mr. Richmeier does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 185. Leslie O. Roberson Mr. Roberson's commercial driver's license was suspended in December 1996 for failing to comply with a fine for a moving violation. He does not qualify for an exemption since he had a suspension during the 3-year period. 186. William Rogers Mr. Rogers does not have 3 years recent experience driving a commercial motor vehicle with his vision deficiency. 187. Robert L. Roy Mr. Roy was involved in an accident on July 22, 1997, and he was convicted of ``Following Improperly.'' He does not qualify for an exemption since he was involved in an accident for which he received a citation for a moving violation. 188. Christopher A. Roystan Mr. Roystan does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 189. Brian K. Ruch Mr. Ruch does not qualify for an exemption because of involvement in two serious violations and a license suspension during the 3-year period. 190. Robert L. Rundall Mr. Rundall does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 191. Steven E. Russell Mr. Russell does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 192. Eugene Ryals Mr. Ryals does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 193. Robert A. Ryals Mr. Ryals does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. [[Page 77482]] 194. Donald E. Sanders Mr. Sanders does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 195. Dawna M. Saunders Ms. Saunders does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 196. James Schaaf Mr. Schaaf does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 197. Ted Schmidt Mr. Schmidt does not meet all other physical qualifications standards in 49 CFR 391.41(b)(1-13) to qualify for an exemption. 198. James R. Schnaiter Mr. Schnaiter does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 199. Jeffery Scholl Mr. Scholl does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 200. Paul E. Schwartz Mr. Schwartz does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 201. James A. Scott, Jr. Mr. Scott does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 202. Robert G. Seils Mr. Seils does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 203. Carl Sendelbach Mr. Sendelbach does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 204. Robert Shelley Mr. Shelley does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 205. Jeffery W. Shelton Mr. Shelton does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 206. Kirk S. Shenberger Mr. Shenberger does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 207. Jack Shropshire Mr. Shropshire does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 208. Donald V. Sill Mr. Sill does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 209. Gurdeep Singh Mr. Singh does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 210. Harold E. Singley Mr. Singley does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 211. Tony Slaughter Mr. Slaughter does not have 3 years recent experience driving a commercial motor vehicle with his vision deficiency. 212. Gary A. Sluder Mr. Sluder does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 213. Robert P. Smith Mr. Smith does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 214. William C. Smith Mr. Smith does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 215. Patrick W. Sokolik Mr. Sokolik does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 216. John W. Sommerfeldt Mr. Sommerfeldt does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 217. Jean Sommers Ms. Sommers has no experience operating a commercial motor vehicle and therefore presented no evidence from which the FMCSA can conclude that granting the exemption is likely to achieve a level of safety equal to that existing without the exemption. 218. William A. Sonderegger Mr. Sonderegger does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 219. Marcial Soto-Rivas Mr. Soto-Rivas was involved in an accident on August 24, 1998, in which he was cited for ``Improper Lane Travel.'' This is a disqualifying offence. An exemption applicant is not allowed involvement in an accident where a citation is received for a moving violation. [[Page 77483]] 220. W.C. Sparks Mr. Sparks does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 221. Daren E. Switzer Mr. Switzer does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 222. Peter B. Sylvester Mr. Sylvester does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 223. Robert J. Szabo Mr. Szabo does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 224. Jeffrey M. Taber Mr. Taber does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 225. George A. Tallent Mr. Tallent does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 226. Ralph J. Tanner Mr. Tanner meets the vision requirements at 49 CFR 391.41(b)(10). According to his ophthalmologist, he is 20/20 in the left eye and 20/40 in the right eye uncorrected. He does not need an exemption. 227. Johann Theiss Mr. Theiss meets the vision requirements at 49 CFR 391.41(b)(10). According to his most recent eye exam, the doctor states that his corrected visual acuity is 20/30 in his right and 20/20 his left eye. He does not need an exemption. 228. Barbara Thompson Ms. Thompson does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 229. John W. Tozer, Jr. Mr. Tozer was involved in an accident on February 10, 1999. He was cited for speeding in connection with the accident. An applicant for an exemption cannot be involved in an accident for which he or she received a citation for a moving violation. 230. Omer E. Troyer Mr. Troyer does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 231. Joseph Van Norman Mr. Van Norman does not have 3 years recent experience driving a commercial vehicle with his vision deficiency. 232. Jeffery A. Voltz Mr. Voltz does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 233. Kevin M. Walsh Mr. Walsh does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 234. David E. Ware Mr. Ware meets the vision requirements at 49 CFR 391.41(b)(10). His corrected visual acuity is 20/20 in the left eye and 20/40 in the right eye. On June 16, 1999, the Alabama Department of Motor Vehicles removed the intrastate restriction from his commercial license. He does not need an exemption. 235. Charles Warren Mr. Warren does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 236. Howard N. Webster, Jr. Mr. Webster does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 237. William K. Wells Mr. Wells does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 238. Scott T. Welter Mr. Welter does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 239. Thomas P. Werner Mr. Werner does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 240. Ricky Whitaker Mr. Whitaker meets the vision requirements at 49 CFR 391.41(b)(10). He does not need a vision exemption. 241. Matthew Whitten Mr. Whitten does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 242. David M. Wibirt Mr. Wibirt does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 243. David Wills Mr. Wills does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 244. James W. Wilson Mr. Wilson does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 245. Douglas M. Worley Mr. Worley does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. [[Page 77484]] 246. Donald Wright Mr. Wright does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 247. Allen W. Wyskowski Mr. Wyskowski does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. Authority: 49 U.S.C. 322, 31315, and 31136; 49 CFR 1.73. Issued on: December 4, 2000. Brian M. McLaughlin, Director, Office of Policy Plans and Regulations. [FR Doc. 00-31346 Filed 12-8-00; 8:45 am] BILLING CODE 4910-EX-P