[Federal Register Volume 65, Number 100 (Tuesday, May 23, 2000)]
[Notices]
[Pages 33400-33406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12929]


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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.

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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.

DATES: May 23, 2000.

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 rule, Ms. Judith Rutledge, Office of the 
Chief Counsel, (202) 366-2519, 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:

Electronic Access

    An electronic copy of this document may be downloaded using a modem 
and suitable communications software from the Government Printing 
Office's Electronic Bulletin Board Service at (202) 512-1661. Internet 
users may reach the Office of the Federal Registers home page at: 
http://www.nara.gov/fedreg and the Government Printing Office's 
database at: http://www.access.gpo.gov/nara.

Background

    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 49 CFR part 391 
of the Federal Motor Carrier Safety Regulations.
    In October 1999, the Secretary rescinded the authority previously 
delegated to the Federal Highway Administrator to perform the motor 
carrier functions and operations, and to

[[Page 33401]]

carry out the duties and powers related to motor carrier safety, that 
are statutorily vested in the Secretary. That authority was redelegated 
to the Director of the Office of Motor Carrier Safety (OMCS), a new 
office within the Department (64 FR 56270, October 19, 1999, and 64 FR 
58356, October 29, 1999). The OMCS had previously been the FHWA's 
Office of Motor Carriers (OMC).
    The Motor Carrier Safety Improvement Act of 1999 established the 
Federal Motor Carrier Safety Administration (FMCSA) as a new operating 
administration within the Department of Transportation, effective 
January 1, 2000 (Pub. L. No. 106-159, 113 Stat. 1748, December 9, 
1999). The Secretary therefore rescinded the motor carrier authority 
delegated to the Director of the OMCS and redelegated it to the 
Administrator of the FMCSA (65 FR 220, January 4, 2000).
    The staff previously assigned to the FHWA's OMC, and then to the 
OMCS, are now assigned to the FMCSA. The motor carrier functions of the 
FHWA's Resource Centers and Division (i.e., State) Offices have been 
transferred without change to the FMCSA Resource Centers and FMCSA 
Division Offices, respectively. For the time being, all phone numbers 
and addresses are unchanged. Similarly, rulemaking activities begun 
under the auspices of the FWHA and continued under the OMCS will be 
completed by the FMCSA.
    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 141 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.
    Ninety-two applicants lacked sufficient recent driving experience 
over the past 3 years. Twenty-nine applicants lacked at least 3 years 
of experience driving a commercial motor vehicle with the vision 
deficiency. Fourteen applicants had no experience driving a commercial 
motor vehicle and therefore presented no evidence from which the FMCSA 
could conclude that granting the exemption would likely achieve a level 
of safety equal to that existing without the exemption. Two drivers had 
waivers for the loss of a limb and therefore could not qualify for a 
vision exemption because they did not satisfy all other physical 
qualification standards in 49 CFR 391.41(b) to drive a commercial motor 
vehicle. In addition to their vision deficiency, they had missing 
limbs. One driver was diagnosed with high blood pressure, in addition 
to the vision deficiency, and could not qualify for the vision 
exemption because the physical qualification standards could not be 
satisfied. Another driver could not qualify for the exemption because 
he was convicted of three speeding violations in a three-year period 
and received a fourth speeding violation during the application 
process. An applicant for the vision exemption is only allowed two 
violations in a three-year period.
    The agency is required to publish the names of persons who were not 
granted an exemption from the Federal vision requirements and the 
reasons for not granting the exemptions. The FMCSA has declined to 
consider the following applications for exemptions from the Federal 
vision requirements at 49 CFR 391.41(b)(10) because they lack 
sufficient evidence of the necessary criteria to find ``such exemptions 
would likely achieve a level of safety that is equivalent to or greater 
than, the level that would be achieved absent such exemption.''

Summary of Causes for Not Granting Exemptions

    The FMCSA is not granting 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 notice of the 
names of the applicants and reasons for not granting exemptions.

1. Eldo J. Haugen

    Mr. Haugen was diagnosed with high blood pressure and therefore 
does not meet all other physical requirements, excluding vision, to 
qualify for an exemption. He does not qualify for an exemption because 
he is not ``otherwise qualified'' to drive a CMV.

2. Gary A. 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.

3. Louis Ingwersen

    Mr. Ingwersen 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.

4. Jefferson S. Thomas

    Mr. Thomas 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.

5. Lloyd H. Walters

    Mr. Walters 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. Robert L. Bowman

    Mr. Bowman does not have sufficient driving experience over the 
past 3 years under normal highway operating conditions that would serve 
as an

[[Page 33402]]

adequate predictor of future safety performance.

7. Martin G. Taylor

    Mr. Taylor does not have 3 years of experience driving a commercial 
vehicle with his vision deficiency.

8. Alvin F. Schroll

    Mr. Schroll 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.

9. Lawrence A. Lundquist

    Mr. Lundquist 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.

10. Ronald A. Mills

    Mr. Mills does not have 3 years recent experience driving a 
commercial vehicle with his vision deficiency.

11. Norman E. Schluter

    Mr. Schluter 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.

12. Roland R. Strempke

    Mr. Strempke does not have any experience driving a commercial 
motor vehicle with his vision deficiency.

13. Carolyn M. Beauvais

    Ms. Beauvais 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.

14. Robert L. Slayden, Jr.

    Mr. Slayden 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.

15. Gary D. Beavers

    Mr. Beavers 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.

16. Mitchell L. Carson

    Mr. Carson 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.

17. Willis M. Reeves

    Mr. Reeves 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. Harold E. Pepperling

    Mr. Pepperling 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. James E. Rhodes, II

    Mr. Rhodes 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.

20. Ronald D. Danberry

    Mr. Danberry 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. Jimmy Joe Dougherty

    Mr. Dougherty 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. Frank D. Pfeifer

    Mr. Pfeifer has an amputation of his left hand and currently holds 
a Waiver of Physical Defects. As he does not meet all of the other 
physical standards in 49 CFR 391.41, without any other waiver or 
exemption, he failed to satisfy the criteria applied to evaluate vision 
exemption requests. In light of the recent decision in Parker v. FHWA, 
207 F.3d 359 (6th Cir. 2000), we will reconsider Mr. Pfeifer's 
application consistent with the court's holding.

23. William R. Bass, Jr.

    Mr. Bass 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. Roger D. 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.

25. John C. Anderson

    Mr. Anderson does not have 3 years of experience driving a 
commercial motor vehicle with his vision deficiency.

26. Jimmy R. Hollingshad

    Mr. Hollingshad 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.

27. Nikki B. Strom

    Ms. Strom 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. Odell Scott

    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. Mr. Scott has a 
revocation of his CDL which also disqualifies him from receiving an 
exemption.

29. Thomas W. Markham

    Mr. Markham 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. Barry I. Murtha

    Mr. Murtha does not have 3 years of experience driving a commercial 
vehicle with his vision deficiency.

31. Mark A. 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.

32. Russell D. Mertens

    Mr. Mertens 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 33403]]

33. Robert H. Niederdeppe

    Mr. Niederdeppe does not have 3 years of experience driving a 
commercial motor vehicle with his vision deficiency.

34. Thomas E. Hammond, Sr.

    Mr. Hammond 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.

35. Michael Dupell

    Mr. Dupell 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. Kenneth L. Taylor

    Mr. Taylor does not have 3 years of experience driving a commercial 
motor vehicle with his vision deficiency.

37. Marvin L. Muilenburg

    Mr. Muilenburg 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. Gregory B. Roberts

    Mr. Roberts 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.

39. Abe A. Fehr

    Mr. Fehr 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. Jerry L. Paulsen

    Mr. Paulsen 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. Timothy D. McDaniel

    Mr. McDaniel 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.

42. David A. Ferguson

    Mr. Ferguson does not have 3 years of experience driving a 
commercial motor vehicle with his vision deficiency.

43. John V. Cascone

    Mr. Cascone 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.

44. John D. McCormick

    Mr. McCormick does not have 3 years of experience driving a 
commercial motor vehicle with his vision deficiency.

45. Gary W. Lindsey, Jr.

    Mr. Lindsey 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.

46. Mona J. Meyers

    Ms. Myers does not have 3 years recent experience driving a 
commercial motor vehicle with her vision deficiency.

47. Dorian N. Holladay

    Mr. Holladay had three commercial motor vehicle speeding violations 
within a 3-year period while operating a commercial motor vehicle and 
during the application process he received a fourth speeding violation 
in a commercial motor vehicle. He does not qualify since each applicant 
is allowed only 2 citations.

48. Roger D. Duggins

    Mr. Duggins 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. Duane B. Coggin

    Mr. Coggin 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. Morris R. Beebe

    Mr. Beebe 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 R. Miles

    Mr. Miles 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. David L. Burroughs

    Mr. Burroughs does not have 3 years of experience driving a 
commercial motor vehicle with his vision deficiency.

53. John D. Prather, Jr.

    Mr. Prather 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. Eddie M. 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.

55. Thomas G. Danclovic

    Mr. Danclovic 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.

56. Kim A. Shaffer

    Mr. Shaffer 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. James H. 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.

58. Joseph R. Maillet, Jr.

    Mr. Maillet 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. Vincent J. Hayhurst

    Mr. Hayhurst does not have 3 years of experience driving a 
commercial motor vehicle with his vision deficiency.

[[Page 33404]]

60. David O. Caldwell

    Mr. Caldwell does not have 3 years of experience driving a 
commercial motor vehicle with his vision deficiency.

61. Kenneth G. Mallette

    Mr. Mallette does not have 3 years of experience driving a 
commercial motor vehicle with his vision deficiency.

62. Micheal L. Metivier

    Mr. Metivier 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.

63. Chris W. Hageman

    Mr. Hageman 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. Kyle P. McGill

    Mr. McGill 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. Randall G. Henderson

    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.

66. Alonza V. Ferrell

    Mr. Ferrell does not have 3 years of experience driving a 
commercial motor vehicle with his vision deficiency.

67. Kenneth W. Lyons

    Mr. Lyons 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.

68. Howard G. Williams

    Mr. Williams 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.

69. Dana Quince

    Mr. Quince does not have 3 years of recent experience driving a 
commercial motor vehicle with his vision deficiency.

70. Raymond J. Misslich

    Mr. Misslich 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. Sherman R. Garrett

    Mr. Garrett does not have 3 years of experience driving a 
commercial motor vehicle with his vision deficiency.

72. Johnny L. Nesbitt, Jr.

    Mr. Nesbitt 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.

73. David A. Christenson

    Mr. Christenson 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.

74. Donald A. Verrill

    Mr. Verrill 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.

75. Dennis C. Madison, Sr.

    Mr. Madison does not have 3 years of experience driving a 
commercial motor vehicle with his vision deficiency.

76. Michael J. Sullivan

    Mr. Sullivan 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.

77. Ronald W. Winslow

    Mr. Winslow 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.

78. Warren Streeter

    Mr. Streeter does not have 3 years of experience driving a 
commercial motor vehicle with his vision deficiency.

79. William J. Wilkins

    Mr. Wilkins does not have 3 years of experience driving a 
commercial vehicle with his vision deficiency.

80. Ambrosio E. Calles

    Mr. Calles 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.

81. Arnold G. Patchin

    Mr. Patchin 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. Steven M. Montalbo

    Mr. Montalbo 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. Leonard D. Berogan

    Mr. Berogan 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.

84. Bobby G. Carr

    Mr. Carr 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. Edward C. Miller

    Mr. Miller 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.

86. John E. Kramer

    Mr. Kramer 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. Donald R. Good

    Mr. Good does not have 3 years of experience driving a commercial 
vehicle with his vision deficiency.

88. Rocky D. Rubink

    Mr. Rubink does not have 3 years of experience driving a commercial 
vehicle with his vision deficiency.

[[Page 33405]]

89. Charles L. Croster

    Mr. Croster 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.

90. Tony E. Parks

    Mr. Parks does not have 3 years of experience driving a commercial 
vehicle with his vision deficiency.

91. Steven G. Lee

    Mr. Lee 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.

92. John R. Osborne

    Mr. Osborne 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. James G. Binkley

    Mr. Binkley 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. James D. Raley

    Mr. Raley does not have 3 years of experience driving a commercial 
vehicle with his vision deficiency.

95. John L. Casner

    Mr. Casner does not have 3 years of experience driving a commercial 
vehicle with his vision deficiency.

96. Dennis J. Christensen

    Mr. Christensen 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. Charles F. Schmidt

    Mr. Schmidt does not have 3 years of experience driving a 
commercial vehicle with his vision deficiency.

98. Linda L. Billings

    Ms. Billings 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. Carl D. Hopkins

    Mr. Hopkins 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. Darin P. Milton

    Mr. Milton 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.

101. Brian H. Spencer

    Mr. Spencer 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. Fred A. Christopherson

    Mr. Christopherson does not have 3 years of experience driving a 
commercial vehicle with his vision deficiency.

103. David A. Feindel

    Mr. Feindel 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. Donald Thompson

    Mr. 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.

105. Daniel Hollins

    Mr. Hollins 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. Christopher J. Kane

    Mr. Kane 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. Caroleah Baker

    Ms. 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.

108. Tommy L. McKnight

    Mr. McKnight 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. Larry E. Dunn

    Mr. Dunn 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. Melvin T. Bullock

    Mr. Bullock 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. Gerald L. Craig

    Mr. Craig 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. Lewis E. Armstrong

    Mr. Armstrong 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. Edwin J. DarDar

    Mr. DarDar 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. David E. 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.

115. Wesley E. 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. David W. Smith

    Mr. Smith does not have sufficient driving experience over the past 
3 years under normal highway operating conditions that would serve as 
an

[[Page 33406]]

adequate predictor of future safe performance.

117. Michael L. Eckstein, Sr.

    Mr. Eckstein 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. Michael T. Howes

    Mr. Howes 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. Peter D. Wehner

    Mr. Wehner 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. Richard N. Bowling, Sr.

    Mr. Bowling 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. Kenneth Allen, Jr.

    Mr. Allen 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. Jerry W. Parker

    Mr. Parker has a missing left arm and therefore does not meet all 
other physical requirements, excluding vision, to qualify for an 
exemption. The FMCSA is reconsidering its denial in accordance with 
Parker v. FHWA, 207 F.3d 359 (6th Cir. 2000).

123. Nathan A. Buckles

    Mr. Buckles does not have 3 years of experience driving a 
commercial vehicle with his vision deficiency.

124. Belinda Betancur

    Ms. Betancur 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. John F. Ellington

    Mr. Ellington 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. Eric D. Bennett

    Mr. Bennett does not have 3 years of experience driving a 
commercial vehicle with his vision deficiency.

127. Jerry D. 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.

128. Jimmy L. Spates

    Mr. Spates 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.

129. Steve L. Hopkins

    Mr. Hopkins 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. Willie O. Evans, Sr.

    Mr. Evans 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.

131. Jimmy Cuttino

    Mr. Cuttino 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.

132. Anthony L. Dewalt

    Mr. Dewalt 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. Scott K. Kenyon

    Mr. Kenyon 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.

134. Raymond E. Umphrey

    Mr. Umphrey does not have 3 years of experience driving a 
commercial vehicle with his vision deficiency.

135. William R. Farrington

    Mr. Farrington does not have 3 years of experience driving a 
commercial vehicle with his vision deficiency.

136. Donald S. Ellison

    Mr. Ellison 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. Scott Alan Boyd

    Mr. Boyd 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.

138. Robert E. Almond

    Mr. Almond does not have 3 years of experience driving a commercial 
vehicle with his vision deficiency.

139. Christopher F. Vanstory

    Mr. Vanstory does not have 3 years of experience driving a 
commercial vehicle with his vision deficiency.

140. Robert L. Nix

    Mr. Nix does not have 3 years of experience driving a commercial 
vehicle with his vision deficiency.

141. Ofelio Estrada

    Mr. Estrada 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: May 12, 2000.
Julie Anna Cirillo,
Acting Deputy Administrator.
[FR Doc. 00-12929 Filed 5-22-00; 8:45 am]
BILLING CODE 4910-22-P