# 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. Joseph Solomey, Office of the Chief Counsel, (202) 366-1374, 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.
**SUPPLEMENTARY INFORMATION:**
**Background**
Under 49 U.S.C. 31315 and 31136(e), the FMCSA may grant an exemption for a renewable 2-year 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.”
Accordingly, the FMCSA individually evaluated 251 exemption requests on their merits and made a determination that the applicants do not satisfy the criteria established to demonstrate that granting the exemptions is likly 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.
One hundred fourteen applicants lacked sufficient recent driving experience over the past three years. Eighteen applicants had 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. Forty-one did not have 3 years of experience driving a commercial motor vehicle on public highways with the vision deficiency. Fourteen did not have 3 years recent experience driving a commercial motor vehicle with the vision deficiency. One applicant did not qualify for the exemption because he met the vision standards at 49 CFR 391.41(b)(10). Thirteen applicants did not qualify because they were charged with moving violation(s) in conjunction with commercial motor vehicle accident(s), which is a disqualifying offense under the exemption criteria. Two applicants had more that two commercial motor vehicle moving violations during a 3-year period and/or application process. Each applicant is only allowed two moving citations. One applicant did not have sufficient peripheral vision in the better eye to qualify for an exemption. Twelve applicants' licenses were suspended during the 3-year period because of a moving violation and, therefore, could not qualify for the exemption. Two applicants could not qualify for the exemption because they were convicted of two serious traffic violations within the 3-year period. An applicant for a vision exemption is only allowed two traffic violations in a 3-year period, of which only one can be a serious violation. Eight applicants did 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. Fifteen applicants were involved in commercial motor vehicle accidents in which they contributed to the accident. Based on information received from State motor vehicle records, two applicants did not demonstrate the level of safety required for interstate driving because of excessive moving/non-moving violations during the 3-year period. Three applicants did not hold licenses which allowed operation of a CMV over 10,000 pounds gross vehicle weight rating for all or part of the 3-year period. An applicant did not qualify for the exemption because he was not willing to make the required statement on the application indicating “he is otherwise qualified under 49 CFR 391.41(b)(1-13), without the benefit of any other waiver or exemption.” Another applicant did not meet the minimum requirements for consideration for a renewal exemption. According to information submitted with the application and other records obtained by FMCSA, the applicant drove a CMV in interstate commerce during the 2-year period the exemption was in effect while in violation of other medical qualification requirements. Three applicants were placed in the “other” category for having multiple reasons for denial. One applicant in this category had only two years of CMV experience and his license was suspended during the 3-year period. Another applicant in this category met the Federal vision requirements but only drove 16-18 hours per week. The third applicant was involved in an accident during the 3-year period where he contributed to the accident and was also involved in a CMV accident during the 3-year period where he was cited in the accident.
**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). All applicants were previously notified of their denials by individual letters. The purpose of publishing these denials is simply to comply with 49 U.S.C. 31315(b)(4)(C), by periodically publishing in the *Federal Register* the names of persons denied exemptions and the reasons for such denials.
| Last name | First name | Last name | First name |
| --- | --- | --- | --- |
| Adler, | Dennis | Beroney, | Raymond |
| Alberry, | David | Betit,. | Thomass |
| Andrews, | John | Biondo, | Michael |
| Arthur, | Edwin | Brazil, | Bobby |
| Bacon, | Norman | Butts, | Edwin |
| Badger, | Donald | Cassatt, | Daryl |
| Badrick, | Richard | Chapman, | Franklin |
| Bailey, | Marcus | Clark, | Karen |
| Baptiste, Jr. | Barney | Cliffe, | Terry |
| Barrett, | William | Cline, | Lonnie |
| Bell, Jr. | Roy | Collins, | Warren |
| Confreda, | John | Hanson, | Ronald |
| Davidson, | Ronnie | Harrington, | Michael |
| Davis, | Geraldine | Harris, | Edward |
| Denson, | Sidney | Hatton, | Richard |
| Doolittle, | William | Heayberd, | John |
| Downie, | Neville | Henry, | Thomas |
| DuRussell, | Donald | Hernandez, | Guadalupe |
| Dykstra, | Stephen | Higgs, | Gail |
| Falkner, | Gary | Hildebrand, | Todd |
| Farmer, | Allan | Hougland, | Randall |
| Fiamma, | John | Huffman, | Willard |
| Flannery, | William | Jelks, | Gloria |
| Fleming, | Martin | Johnson, | Jimmy |
| Forslin, | Steven | Kervin, | Christopher |
| Gonzalez, | Valentin | Knecht, | Herbert |
| Gove, | Laurel | Kocher, | Stan |
| Gowan, III | Walter | Long, Jr. | Mearlin |
| Green, | Frederick | Lovett, | Gordon |
| Griggs, | Larry | Marshall, | Chester |
| Hall, | Johnnie | Mather, | Michael |
| Hamilton, | Daniel | Mazyck, | Jason |
| Hamm, | John | McCabe, | William |
| McIntosh, | Judith | Robinson, | Daniel |
| McIntyre, | Larry | Robison, | Leroy |
| Medley, | Donald | Rogers, | Larry |
| Michael, | Anthony | Schnase, | Gerald |
| Morris, | Gary | Schneider, | Michael |
| Morris, | Charles | Simon, | Arlynn |
| Murayama, | Robin | Simpson, | Wayne |
| Murray, | Stephen | Smith, | Donald |
| Navish, | Charles | St. John, | Gary |
| Neal, Sr. | Charles | Sutter, | Jarid |
| Noonan, | Robert | Tate, | Brian |
| Oddy, | Kevin | Thaxton, Jr. | Ronald |
| Ott, | William | Thomason, | Douglas |
| Parks, | Fred | Trosclair, | Kory |
| Patterson, | James | Valente, | John |
| Phelps, | Eugene | Vance, | Jack |
| Prezzia, | Ronald | Vorse, | Charles |
| Proudfit, | Terry | Wendt, | Gerald |
| Raulston, | Stephen | White, | Walter |
| Ream, | Harley | White, | Arthur |
| Reimer, | Phillip | Wilkerson, | Noel |
| Reno, | Thomas | Wilkerson, Jr. | William |
| Wilson, | Kent | | |
| Windnagel. | Jeff | | |
| Workman, | Ronald | | |
| Wyatt, Jr. | Paul | | |
| Last name | First name | Last name | First name |
| --- | --- | --- | --- |
| Aleem, | Alphonso | Kirby, | Christopher |
| Baldit, | Jose | LaCour, | Robert |
| Benton, | Damon | McFadden, | Wilbert |
| Burns, | James | Nastro, | Antonino |
| Ezell, | Carlos | Rodrigues, | Osvaldo |
| Fisher, | David | Shirk, | Rhonda |
| Fotheringham, | John | Veloz, | Nelson |
| Gomez, | Juan | Young, | Kevin |
| Harper, | Steven | | |
| Last name | First name | Last name | First name |
| --- | --- | --- | --- |
| Barraco, | Matthew | Johnson, | Eugene |
| Browning, | James | Johnston, | Mickey |
| Buckman, Jr | Jay | Jones, | Benjamin |
| Clark, | William | Kirouac, | Donald |
| Dean, | John | Leonard, | Larry |
| Denton, Jr | James | Luckey, | William |
| Edwards, | Dewain | MacPherson, | Scott |
| Ensor, | Walter | McDermott, | Eric |
| Farmer, Sr. | Charles | McKenzie, | Benjamin |
| Ferking, | Timothy | Meador, | Michael |
| Gasper, | Shawn | Mullins, | Michael |
| Hall, | Robert | Simmons, | James |
| Hoffarth, | Michael | Sims, | LeTroy |
| Holley, | Tony | Smith, | Rex |
| Hurst, | Edward | Smith, | Eric |
| Jacobs, | Vincent | Thomas, | Steven |
| Johnson, | Daryl | Turner, | Ronald |
| Valles, | Humberto | Waner, | Eugene |
| Varga, | Joseph | Weber, Jr. | George |
| Vines, | Phillip | Weekly, | Wesley |
| Vollink, | Tunis | | |
| Last name | First name | Last name | First name |
| --- | --- | --- | --- |
| Boersma, | John | Jones, | Earnest |
| Burnworth, | Keith | Kempke, | Clarence |
| Demaree, | Robin | Milbourn, | Peggy |
| Gallion, | Pamela | Riordan, II | Donald |
| Goode, | Larry | Ryals, | Robert |
| Jackson, Sr. | Joseph | Walker, | Norman |
| Johnson, | Howard | Yezerski, | Thomas |
| Last name | First name | Last name | First name |
| --- | --- | --- | --- |
| Pearl, | Steven | | |
| Last name | First name | Last name | First name |
| --- | --- | --- | --- |
| Allen, | Ronald | Cooper, | William |
| Briones, Jr. | Robert | Galloway, | Jerry |
| Cooper, | William | Sequera, | Anthony |
| Galloway, | Jerry | White, | Ronald |
| Luce, | Robert | Williams, | James |
| Miller, | Stuart | Moose, | Harry |
| Last name | First name | Last name | First name |
| --- | --- | --- | --- |
| Brannon, | Robert | Pearson, Jr. | Jesse |
| Last name | First name | Last name | First name |
| --- | --- | --- | --- |
| Williams, | Sandy | | |
| Last name | First name | Last name | First name |
| --- | --- | --- | --- |
| Abbott, | Harold | Kulibert, | James |
| Dolbear, | Cecil | Logan, | Leonard |
| Eagling, | Donald | Relien, | Steven |
| Gard, | Kevin | Right, | Willie |
| Griffin, | Clarence | Shell, | Juan |
| Hogan, | Earl | Howe, | Marvin |
| Last name | First name | Last name | First name |
| --- | --- | --- | --- |
| Persun, | Bryon | Walden, | Billy |
| Last name | First name | Last name | First name |
| --- | --- | --- | --- |
| Barber, | Jimmy | Harding, Jr. | Glenn |
| Bennett, | Aaron | High, | Frank |
| Cole, | Kevin | Lamontagne, | Kenneth |
| Fryar | Sheldon | McJunkin, | Walter |
| Last name | First name | Last name | First name |
| --- | --- | --- | --- |
| Campbell, | Paul | Schnautz, | Paul |
| Craddock, | Don | Shipley, | John |
| Doeing, | Gerald | Smith, | Henry |
| Hurley, | Robert | Sucharda, | Todd |
| Mangen, | Phillip | Triguerio, | Rick |
| Manuel, | Allen | Williams, | Samuel |
| Matthews, Jr. | Ronald | Wood, | Bernard |
| Reveal, | Gary | | |
| Last name | First name | Last name | First name |
| --- | --- | --- | --- |
| Davison, | Gregory | Houston, | Jon |
| Last name | First name | Last name | First name |
| --- | --- | --- | --- |
| Slinker, | Elston | Turek, | Timothy |
| Sumner, | Brian | | |
| Last name | First name | Last name | First name |
| --- | --- | --- | --- |
| Laderoute, Jr. | Fred | | |
| Last name | First name | Last name | First name |
| --- | --- | --- | --- |
| Watt, | Ronald | | |
| Last name | First name | Reasons for denial |
| --- | --- | --- |
| Byerly, | Dennis | (1) only has two years of CMV experience and (2) his license was suspended during the 3-year period |
| Harbin, | Duane | (1) currently meets Federal vision requirements and (2) only drives 16-18 hours per week. |
| Lathrop, | Jeffery | (1) involved in an accident during the 3-year period where he contributed to accident and (2) involved in CMV accident during 3-year period where he was cited in the accident. |
**Authority:**
49 U.S.C. 322,31315, and 31136; 49 CFR 1.73.
Issued on: January 29, 2002.
Brian M. McLaughlin,
Associate Administrator, Policy and Program Development.