33400 Federal Register / Vol. 65, No. 100 / Tuesday, May 23, 2000 / Notices

p.m., e.t., Monday through Friday,

except Federal holidays. Those desiring

notification of receipt of comments must

include a self-addressed, stamped

envelope or postcard.

FOR FURTHER INFORMATION CONTACT: Mrs.

Sandra Zywokarte, Office of Bus and

Truck Standards & Operations, (202)

366–4001, Federal Motor Carrier Safety

Administration, DOT, 400 Seventh

Street, SW., Washington, DC 20590.

Office hours are from 7:45 a.m. to 4:15

p.m., e.t., Monday through Friday,

except Federal holidays.

SUPPLEMENTARY INFORMATION:

Title: Medical Qualifications

Requirements.

OMB Number: 2126–0006.

Background: Title 49 U.S.C. 31136

requires the Secretary of Transportation

to prescribe regulations to ensure that

the physical qualifications of

commercial motor vehicle (CMV)

operators are adequate to enable them to

operate CMVs safely. In addition, 49

U.S.C. 31502 authorizes the Secretary to

prescribe requirements for qualifications

of employees of a motor carrier when

needed to promote safety of operation.

Information about an individual’s

physical condition must be collected in

order for the FMCSA and motor carriers

to verify that the individual meets the

physical qualifications for CMV drivers

in 49 CFR 391.41 and for the FMCSA to

determine whether the individual is

physically able to operate a CMV safely.

This information collection is

comprised of the 6 components listed in

the summary.

Respondents: Medical examiners,

medical specialists, physicians, licensed

doctors of medicine or osteopathy,

motor carriers, and CMV drivers.

Estimated Burden Per Record: Eight

minutes for a medical examiner to

complete the medical examination form;

1 minute for the medical examiner to

complete the medical examiner’s

certificate; 1 minute to copy and file the

medical examiner’s certificate; 1 hour to

prepare an application for resolution of

medical conflict; 15 minutes to

complete an application for an initial

waiver of physical defects or

impairments; 2 minutes to complete an

application for a renewal of a waiver of

physical defects or impairments; 1

minute to copy and file limb waiver

applications; 66 minutes to complete an

application for a vision exemption with

required supporting documents; and 1

minute for a doctor of medicine or

osteopathy to complete a doctor’s

certificate for a driver of migrant

workers.

Frequency: Estimated annual

responses are as follows: 2,750,000

medical examinations and medical

certificates; 2 applications for resolution

of conflicts of medical evaluation; 750

applications for waivers of physical

defects and impairments; 200

applications for renewal of waiver of

physical defects and impairments; 840

applications for vision exemption; 100

medical certificates for drivers of

migrant workers.

Total Estimated Annual Burden:

There are an estimated 5,500,000 CMV

drivers, 2,750,000 per year who must

undergo a medical examination.

Approximately 2 cases per year are

submitted to the FMCSA for a hearing

before an Administrative Law Judge to

resolve medical conflicts between

medical examiners. There are

approximately 1,500 limb waivers

outstanding, resulting in 750 renewals.

There are approximately 200 new

applications for limb waivers annually.

There are approximately 840 new

applications for vision exemptions

annually. Since the vision exemption

program is new, the agency has not yet

received any applications for renewal.

The total estimated annual burden for

this information collection is 459,321

hours.

Public Comments Invited

Interested parties are invited to send

comments regarding any aspect of this

information collection, including, but

not limited to: (1) Whether the

collection of information is necessary

for the proper performance of the

functions of the FMCSA, including

whether the information has practical

utility; (2) the accuracy of the estimated

burden; (3) ways to enhance the quality,

utility, and clarity of the collected

information; and (4) ways to minimize

the collection burden without reducing

the quality of the collected information.

Electronic Availability

An electronic copy of this document

may be downloaded from the Internet,

from the Office of the Federal Register

web site: http://www.nara.gov/fedreg, or

the U.S. Government Printing Office

web site: http://www.access.gpo.gov/

nara. Internet users can access all

comments received by the U.S. DOT

Dockets, Room PL–401, by using the

universal resource locator (URL): http:/

/dms.dot.gov. This service is available

24 hours each day, 365 days each year.

Please follow the instructions online for

more information and help.

Authority: 49 U.S.C. 315 and 49 CFR 1.73.

Issued on: May 14, 2000.

Julie Anna Cirillo,

Acting Deputy Administrator, Federal Motor

Carrier Safety Administration.

[FR Doc. 00–12874 Filed 5–22–00; 8:45 am]

BILLING CODE 4910–22–P

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety

Administration

Qualification of Drivers; Exemption

Applications; Vision

AGENCY: Federal Motor Carrier Safety

Administration (FMCSA), DOT.

ACTION: Notice of denials.

SUMMARY: 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

Federal Register / Vol. 65, No. 100 / Tuesday, May 23, 2000 / Notices 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 threeyear 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

33402 Federal Register / Vol. 65, No. 100 / Tuesday, May 23, 2000 / Notices

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.

Federal Register / Vol. 65, No. 100 / Tuesday, May 23, 2000 / Notices 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.

33404 Federal Register / Vol. 65, No. 100 / Tuesday, May 23, 2000 / Notices

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.

Federal Register / Vol. 65, No. 100 / Tuesday, May 23, 2000 / Notices 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

33406 Federal Register / Vol. 65, No. 100 / Tuesday, May 23, 2000 / Notices

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety

Administration

[Docket No. FMCSA–2000–7165]

Qualification of Drivers; Exemption

Applications; Vision

AGENCY: Federal Motor Carrier Safety

Administration (FMCSA), DOT.