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###### Department of Transportation

###### Federal Motor Carrier Safety Administration 

# AGENCY:

Federal Motor Carrier Safety Administration (FMCSA), DOT. 

# ACTION:

Notice of denials. 

# SUMMARY:

The FMCSA is publishing the names of persons denied exemptions from the vision standard in 49 CFR 391.41(b)(10) and the reasons for the denials. 

# FOR FURTHER INFORMATION CONTACT:

For information about the applications addressed in this notice, Ms. Teresa Doggett, Office of Bus and Truck Standards and Operations, MC-PSD, (202) 366-2990; for information about legal issues related to this notice, Mr. Joe Solomey, Office of the Chief Counsel, (202) 366-1374, FMCSA, 400 Seventh Street, SW., Washington, D.C. 20590-0001. Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through Friday, except Federal holidays. 

# SUPPLEMENTARY INFORMATION:

                        The Secretary of Transportation (Secretary) has the authority under 49 U.S.C. 31502 and 31136 to establish standards for physical qualifications that must be met by commercial motor vehicle drivers in interstate commerce. These standards are published in Part 391 of the Federal Motor Carrier Safety Regulations. The history and delegation of authority to the Federal Motor Carrier Safety Administration (FMCSA) was published in the                         **Federal Register**                         on January 4, 2000 (65 FR 220).                     

## Background 

On June 9, 1998, the FHWA's waiver authority changed with enactment of the Transportation Equity Act for the 21st Century (TEA-21), Public Law 105-178, 112 Stat. 107. Section 4007 of TEA-21 amended the waiver provisions of 49 U.S.C. 31136(e) and 31315 to change the standard for evaluating waiver requests, to distinguish between a waiver and an exemption, and to establish term limits for both. Under revised section 31136(e), the FMCSA may grant a waiver for a period of up to 3 months or an exemption for a renewable 2-year period. 

The amendments to 49 U.S.C. 31136(e) also changed the criteria for exempting a person from application of a regulation. Previously an exemption was appropriate if it was consistent with the public interest and the safe operation of CMVs. Now the FMCSA may grant an exemption if it finds “such exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption.” According to the legislative history, the Congress changed the statutory standard to give the agency greater discretion to consider exemptions. The previous standard was judicially construed as requiring an advance determination that absolutely no reduction in safety would result from an exemption. The Congress revised the standard to require that an “equivalent” level of safety be achieved by the exemption. 

                        The FMCSA individually evaluated 247 exemption requests on their merits, as required by the decision in                         *Rauenhorst*                         v.                         *United States Department of Transportation, Federal Highway Administration,*                         95 F. 3d. 715 (8th Cir. 1996), and determined that the applicants do not satisfy the criteria established to demonstrate that granting the exemptions is likely to achieve an equal or greater level of safety than exists without the exemption. Each applicant has, prior to this notice, received a letter of final disposition on his/her individual exemption request. Those decision letters fully outlined the basis for the denial and constitute final agency action. The list published today summarizes the agency's recent denials as required under 49 U.S.C. 31315(b)(4) by periodically publishing names and reason for denials.                     

Two hundred and six applicants lacked sufficient recent driving experience over the past three years. Thirteen applicants lacked at least three years of experience driving a commercial motor vehicle with their respective vision deficiencies. Two applicants had no experience driving a commercial motor vehicle. Five applicants were convicted of moving violations in conjunction with accidents. An applicant for an exemption cannot be involved in an accident for which he or she received a citation for a moving violation. Two applicants could not qualify for the exemption because they were convicted of three speeding violations in a three-year period, thus exceeding the two speeding violation maximum in a three-year period to qualify for the vision exemption. Two applicants had their licenses suspended during the three-year period and, therefore, could not qualify for the exemption. Two applicants did not qualify for the vision exemption because, in addition to the vision deficiency, they have other disqualifying medical conditions, and cannot meet the physical qualifications standards found at 49 CFR 391.41. One applicant did not have sufficient peripheral vision in the better eye to qualify for an exemption. Fourteen applicants did not qualify for the exemption because they meet the vision standards at 49 CFR 391.41(b)(10). 

## Summary of Causes for Not Granting Exemptions 

The FMCSA has denied the following petitions for exemption from the vision standard in 49 CFR 391.41(b)(10). In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), the agency is publishing the names of the applicants and the reasons for not granting exemptions. 

#### 1. Darryl P. Aalvik 

Mr. Aalvik does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 2. Raymond Albernaz 

Mr. Albernaz does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 3. Jesse D. Alligood 

Mr. Alligood does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 4. Roberto E. Alvarado 

Mr. Alvarado has no experience operating a commercial motor vehicle and therefore presented no evidence from which the FMCSA can conclude that granting the exemption is likely to achieve a level of safety equal to that existing without the exemption. 

#### 5. Tracy Ammons 

Mr. Ammons does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safety performance. 

#### 6. Mike Anderson 

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

#### 7. Melvin R. Athey, Jr. 

                        Mr. Athey does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance.                               ( print page 77475)    

#### 8. Doug Aulbach 

Mr. Aulbach does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 9. Richard M. Ault 

Mr. Ault does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 10. John W. Badgley 

Mr. Badgley does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 11. Stanley C. Bailey 

Mr. Bailey does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 12. John E. Baker 

Mr. Baker does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 13. William H. Ballew 

Mr. Ballew does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 14. Michael L. Balmer 

Mr. Balmer does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 15. Bobby Balusek, Sr. 

Mr. Balusek does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 16. Timothy D. Barger 

Mr. Barger does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 17. Ronald Becklund 

Mr. Becklund does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 18. James J. Belfiore 

Mr. Belfiore does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 19. Martin Bellcour 

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

#### 20. Donald Bersano 

Mr. Bersano does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 21. Paul D. Berube 

Mr. Berube does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 22. Walter E. Bible 

Mr. Bible does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 23. John M. Bigler 

Mr. Bigler does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 24. William Bonivich 

Mr. Bonivich does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 25. Allen G. Bors 

Mr. Bors does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 26. Claude Bowden 

Mr. Bowden does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 27. Howard A. Bradeen 

Mr. Bradeen does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 28. Russell Bradshaw 

Mr. Bradshaw does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 29. Joe C. Briones 

Mr. Briones does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 30. William R. Broman 

Mr. Broman does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 31. Andrew E. Brown 

Mr. Brown does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 32. Anthony D. Brown 

Mr. Brown does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 33. Richard D. Brown 

Mr. Brown does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 34. Saul Brown 

                        Mr. Brown does not have sufficient driving experience over the past 3 years                               ( print page 77476)                            under normal highway operating conditions that would serve as an adequate predictor of future safe performance.                     

#### 35. Robert J. Bruce 

Mr. Bruce does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 36. Franklin Brume 

Mr. Brume meets the vision requirements at 49 CFR 391.41(b)(10). According to an exam, his corrected visual acuity is 20/20 in the right eye and 20/25 in the left eye. He does not need a vision exemption. 

#### 37. Charles Buller 

Mr. Buller does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 38. Clifford Burnside 

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

#### 39. Joseph Cameron 

Mr. Cameron does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 40. Timothy Campo 

Mr. Campo does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 41. Bobby R. Carroll 

Mr. Carroll does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 42. Corey J. Catt 

Mr. Catt does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 43. William J. Caudill 

Mr. Caudill does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 44. Charles R. Chambers 

Mr. Chambers does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 45. Al Chance 

Mr. Chance does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 46. John D. Chaney 

Mr. Chaney does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 47. Jay A. Chapman 

Mr. Chapman does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 48. James Christian 

Mr. Christian does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 49. Stanley Christman 

Mr. Christman does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 50. Edward Cieslik 

Mr. Cieslik does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 51. Anthony T. Cinque 

Mr. Cinque does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 52. Peter D. Clark 

Mr. Clark does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 53. Lindon R. Coates 

Mr. Coates does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 54. Robert Coates, Jr. 

Mr. Coates does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 55. Roger L. Collins 

Mr. Collins was charged with a moving violation on August 20, 1996, in conjunction with an accident, which disqualifies him. 

#### 56. Rusbel P. Contreras 

Mr. Contreras does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 57. George E. Cooper 

Mr. Cooper does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 58. Charles Cornwell 

Mr. Cornwell does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 59. Randy Cowgill 

Mr. Cowgill does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 60. David L. Creamer 

                        Mr. Creamer does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance.                               ( print page 77477)    

#### 61. Jo E. Crocker 

Mr. Crocker does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 62. Gerald Culverwell 

Mr. Culverwell does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 63. Jefferey A. Darge 

Mr. Darge does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 64. Eric Davis, Sr. 

Mr. Davis does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 65. Milton Day 

Mr. Day had three commercial motor vehicle speeding violations within a 3-year period while operating a commercial motor vehicle. He does not qualify since each applicant is allowed only 2 citations. 

#### 66. William A. Decker 

Mr. Decker had three commercial motor vehicle speeding violations within a 3-year period while operating a commercial motor vehicle. He does not qualify since each applicant is allowed only 2 citations. 

#### 67. Bradley D. DeHaven 

Mr. DeHaven meets the vision requirements at 49 CFR 391.41(b)(10) according to his most recent eye exam. His corrected visual acuity is 20/20 in the right eye and 20/40 in the left eye. He does not need an exemption. 

#### 68. George P. Deon 

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

#### 69. Rod Dowden-Parrott 

Mr. Dowden-Parrott does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 70.William E. Droll, Jr 

Mr. Droll does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 71. George Eicholz 

Mr. Eicholz does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 72. Frederick B. Ellis 

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

#### 73. Van Emery, Jr. 

Mr. Emery does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safety performance. 

#### 74. Mitchell E. Estep 

Mr. Estep meets the vision requirements at 49 CFR 391.41(b)(10) according to his most recent eye exam. The doctor was able to correct the driver's vision to 20/40 in the weaker left eye. The right eye is normal with an uncorrected visual acuity of 20/20. He does not need an exemption. 

#### 75. John Evenson 

Mr. Evenson does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 76. Mark Everline 

Mr. Everline does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 77. Loel Faulkinham 

Mr. Faulkinham does not have sufficient peripheral vision in the better eye to qualify for an exemption. 

#### 78. Thomas Ferris 

Mr. Ferris does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 79. Jerald Ford 

Mr. Ford does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 80. Vernon L. Forman 

Mr. Forman has other medical conditions making him otherwise unqualified under the Federal Motor Carrier Safety Regulations. All applicants must meet all other physical qualifications standards in 49 CFR 391.41(b)(1-13). 

#### 81. Hyman Fowler 

Mr. Fowler does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 82. Michael S. Gancasz 

Mr. Gancasz does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 83. Martin E. Gard 

Mr. Gard does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 84. Alexander J. Gater 

Mr. Gater does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 85. William C. Greenberg 

Mr. Greenberg does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 86. David J. Greenwood 

Mr. Greenwood does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 87. William K. Grider 

                        Mr. Grider does not have sufficient driving experience over the past 3 years under normal highway operating                               ( print page 77478)                            conditions that would serve as an adequate predictor of future safe performance.                     

#### 88. Mark A. Grissom 

Mr. Grissom does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 89. Harold Gunter 

Mr. Gunter meets the vision requirements at 49 CFR 391.41(b)(10). His corrected visual acuity is 20/20 in the right eye and 20/30 in the left eye. He does not need an exemption. 

#### 90. Jeffrey Hahn, Jr. 

Mr. Hahn does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 91. James W. Harris 

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

#### 92. Johnny W. Hartley 

Mr. Hartley does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 93. Calvin Hastings 

Mr. Hastings does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 94. Timmie E. Headley 

Mr. Headley does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 95. Thomas E. Henderson, Sr. 

Mr. Henderson does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 96. Terry Hendrickson 

Mr. Hendrickson does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 97. Robert Henrikson 

Mr. Henrikson does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 98. Francis K. Hill 

Mr. Hill does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 99. Donn Hinkle 

Mr. Hinkle does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 100. James Hoeft 

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

#### 101. Craig Hoffman 

Mr. Hoffman does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 102. James B. Houchins 

Mr. Houchins does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 103. Willie J. Howard, Jr. 

Mr. Howard does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 104. Randy C. Howell 

Mr. Howell does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 105. William J. Humphrey 

Mr. Humphrey does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 106. Aldeny Hurst, Jr. 

Mr. Hurst does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 107. Danny L. Hyde 

Mr. Hyde does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 108. James Jackson 

Mr. Jackson does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 109. Keith W. Jackson 

Mr. Jackson does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 110. Kelvin C. Jackson 

Mr. Jackson does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 111. Monte L. Jarvis 

Mr. Jarvis does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 112. Chris D. Johnson 

Mr. Johnson does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 113. Curtis Jones 

Mr. Jones does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 114. Derek L. Jones 

                        Mr. Jones does not have sufficient driving experience over the past 3 years                               ( print page 77479)                            under normal highway operating conditions that would serve as an adequate predictor of future safe performance.                     

#### 115. Harold D. Jones 

Mr. Jones does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 116. Paul Jones 

Mr. Jones does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 117. James J. Keranen 

Mr. Keranen does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 118. Leora J. Kirby 

Ms. Kirby does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 119. Mark Knochelman 

Mr. Knochelman does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 120. Kelly R. Konesky 

Mr. Konesky does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 121. Charles P. Landrus 

Mr. Landrus does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 122. Gary B. Laramore, Sr. 

Mr. Laramore does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 123. John Lawrence 

Mr. Lawrence does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 124. Didge Lawson 

Mr. Lawson does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 125. Byron K. Leggett 

Mr. Leggett does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 126. Ray P. Lenz 

Mr. Lenz does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 127. Earnest W. Lewis 

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

#### 128. Jerry P. Lindesmith 

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

#### 129. James S. Loggins 

Mr. Loggins does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 130. Billy W. Long 

Mr. Long does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 131. William Long 

Mr. Long does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 132. Michael C. Love

Mr. Love does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance.

#### 133. Herman G. Lovell

Mr. Lovell does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance.

#### 134. Bruce A. Lucas

Mr. Lucas does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance.

#### 135. Marvin M. Lundquist

Mr. Lundquist meets vision requirements at 49 CFR 391.41(b)(10). According to a July 14, 1999, eye exam, his corrected visual acuity is 20/20 in the right eye and 20/30 in the left eye. He does not need an exemption.

#### 136. Randall S. Lunge

Mr. Lunge does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance.

#### 137. James E. Lutt

Mr. Lutt does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance.

#### 138. Mervin D. Lytle

Mr. Lytle does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance.

#### 139. Jacob D. Maestas

Mr. Maestas does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance.

#### 140. Roland J. Mandigo

                        Mr. Mandigo does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance.                              ( print page 77480)    

#### 141. Michael R. Mangan

Mr. Mangan does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance.

#### 142. David J. Mansfield

Mr. Mansfield does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance.

#### 143. Harold W. Martin

Mr. Martin does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance.

#### 144. Patrick J. Martin, Jr.

Mr. Martin does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance.

#### 145. Jose L. Martinez

Mr. Martinez meets the vision requirements at 49 CFR 391.41(b)(10). His corrected visual acuity is 20/20 in the right eye and 20/30 in the left eye. He does not need an exemption.

#### 146. Mark A. Massengill

Mr. Massengill does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance.

#### 147. Jason Masterson

Mr. Masterson does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance.

#### 148. Walter P. Mathys

Mr. Mathys does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance.

#### 149. Gerald M. McCay

Mr. McCay does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance.

#### 150. Dennis M. McDaniel

Mr. McDaniel does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance.

#### 151. Donald R. McGee

Mr. McGee does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance.

#### 152. Bernard F. McIlonie

Mr. McIlonie does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance.

#### 153. Charles O. McWhortler

Mr. McWhortler does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance.

#### 154. Felipe Medina

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

#### 155. Rosalio Mendoza

Mr. Mendoza does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance.

#### 156. Nicholas Mercorella, Jr.

Mr. Mercorella does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance.

#### 157. Dennis Michaelis

Mr. Michaelis meets the vision requirements at 49 CFR 392.41(b)(10). His vision is corrected to 20/40 in the right eye and 20/20 in the left eye. He does not need an exemption.

#### 158. Charles B. Miller

Mr. Miller does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance.

#### 159. Darian T. Miller

Mr. Miller does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance.

#### 160. David S. Moore

Mr. Moore meets the vision requirements at 49 CFR 391.41(b)(10). According to his most recent eye exam the doctor states that his corrected visual acuity is 20/25 in the right eye and 20/40 in the left eye. He does not need an exemption.

#### 161. Jimmy L. Moore

Mr. Moore was involved in an accident on 7/3/98 and was issued a citation for an “Improper Turn.” This is a disqualifying offense. An applicant for an exemption cannot be involved in an accident for which he or she received a citation for a moving violation.

#### 162. Philip B.Moore

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

#### 163. Doug Moos

Mr. Moos does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance.

#### 164. Benjamin C. Morris 

Mr. Morris does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 165. Theodore C. Morris 

Mr. Morris does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 166. David L. Norris 

Mr. Norris does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 167. Guillermo G. Nuncio 

                        Mr. Nuncio meets the vision requirements at 49 CFR 391.41(b)(10). According to his most recent eye exam, the doctor states that his corrected visual acuity is 20/25 in the right eye                               ( print page 77481)                            and 20/20 in the left eye. He does not need an exemption.                     

#### 168. Will H. Ogburn 

Mr. Ogburn does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 169. Howard J. Oliver, II 

Mr. Oliver does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 170. Keith E. Page 

Mr. Page does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 171. Jeffery A. Pate 

Mr. Pate does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 172. Craig B. Peay 

Mr. Peay does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 173. Randy R. Pedeferri 

Mr. Pedeferri does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 174. Rafael O. Perez 

Mr. Perez does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 175. Jeffrey Peterson 

Mr. Peterson does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 176. David A. Petsch 

Mr. Petsch does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. He does not have 3 years experience driving a commercial motor vehicle with the vision deficiency. 

#### 177. Marvin L. Pond 

Mr. Pond does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 178. Vicki L. Powell 

Ms. Powell does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 179. James H. Prewitt, Jr. 

Mr. Prewitt does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 180. Welcome W. Pryor, Jr. 

Mr. Pryor does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 181. James A. Reay 

Mr. Reay does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 182. Christopher Reed 

Mr. Reed does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 183. Kenion L. Reid 

Mr. Reid does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 184. Elmer A. Richmeier 

Mr. Richmeier does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 185. Leslie O. Roberson 

Mr. Roberson's commercial driver's license was suspended in December 1996 for failing to comply with a fine for a moving violation. He does not qualify for an exemption since he had a suspension during the 3-year period. 

#### 186. William Rogers 

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

#### 187. Robert L. Roy 

Mr. Roy was involved in an accident on July 22, 1997, and he was convicted of “Following Improperly.” He does not qualify for an exemption since he was involved in an accident for which he received a citation for a moving violation. 

#### 188. Christopher A. Roystan 

Mr. Roystan does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 189. Brian K. Ruch 

Mr. Ruch does not qualify for an exemption because of involvement in two serious violations and a license suspension during the 3-year period. 

#### 190. Robert L. Rundall 

Mr. Rundall does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 191. Steven E. Russell 

Mr. Russell does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 192. Eugene Ryals 

Mr. Ryals does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 193. Robert A. Ryals 

                        Mr. Ryals does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance.                               ( print page 77482)    

#### 194. Donald E. Sanders 

Mr. Sanders does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 195. Dawna M. Saunders 

Ms. Saunders does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 196. James Schaaf 

Mr. Schaaf does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 197. Ted Schmidt 

Mr. Schmidt does not meet all other physical qualifications standards in 49 CFR 391.41(b)(1-13) to qualify for an exemption. 

#### 198. James R. Schnaiter 

Mr. Schnaiter does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 199. Jeffery Scholl 

Mr. Scholl does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 200. Paul E. Schwartz 

Mr. Schwartz does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 201. James A. Scott, Jr. 

Mr. Scott does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 202. Robert G. Seils 

Mr. Seils does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 203. Carl Sendelbach 

Mr. Sendelbach does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 204. Robert Shelley 

Mr. Shelley does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 205. Jeffery W. Shelton 

Mr. Shelton does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 206. Kirk S. Shenberger 

Mr. Shenberger does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 207. Jack Shropshire 

Mr. Shropshire does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 208. Donald V. Sill 

Mr. Sill does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 209. Gurdeep Singh 

Mr. Singh does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 210. Harold E. Singley 

Mr. Singley does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 211. Tony Slaughter 

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

#### 212. Gary A. Sluder 

Mr. Sluder does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 213. Robert P. Smith 

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

#### 214. William C. Smith 

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

#### 215. Patrick W. Sokolik 

Mr. Sokolik does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 216. John W. Sommerfeldt 

Mr. Sommerfeldt does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 217. Jean Sommers 

Ms. Sommers has no experience operating a commercial motor vehicle and therefore presented no evidence from which the FMCSA can conclude that granting the exemption is likely to achieve a level of safety equal to that existing without the exemption. 

#### 218. William A. Sonderegger 

Mr. Sonderegger does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 219. Marcial Soto-Rivas 

                        Mr. Soto-Rivas was involved in an accident on August 24, 1998, in which he was cited for “Improper Lane Travel.” This is a disqualifying offence. An exemption applicant is not allowed involvement in an accident where a citation is received for a moving violation.                               ( print page 77483)    

#### 220. W.C. Sparks 

Mr. Sparks does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 221. Daren E. Switzer 

Mr. Switzer does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 222. Peter B. Sylvester 

Mr. Sylvester does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance.

#### 223. Robert J. Szabo 

Mr. Szabo does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 224. Jeffrey M. Taber 

Mr. Taber does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 225. George A. Tallent 

Mr. Tallent does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 226. Ralph J. Tanner 

Mr. Tanner meets the vision requirements at 49 CFR 391.41(b)(10). According to his ophthalmologist, he is 20/20 in the left eye and 20/40 in the right eye uncorrected. He does not need an exemption. 

#### 227. Johann Theiss 

Mr. Theiss meets the vision requirements at 49 CFR 391.41(b)(10). According to his most recent eye exam, the doctor states that his corrected visual acuity is 20/30 in his right and 20/20 his left eye. He does not need an exemption. 

#### 228. Barbara Thompson 

Ms. Thompson does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 229. John W. Tozer, Jr. 

Mr. Tozer was involved in an accident on February 10, 1999. He was cited for speeding in connection with the accident. An applicant for an exemption cannot be involved in an accident for which he or she received a citation for a moving violation. 

#### 230. Omer E. Troyer 

Mr. Troyer does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 231. Joseph Van Norman 

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

#### 232. Jeffery A. Voltz 

Mr. Voltz does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 233. Kevin M. Walsh 

Mr. Walsh does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 234. David E. Ware 

Mr. Ware meets the vision requirements at 49 CFR 391.41(b)(10). His corrected visual acuity is 20/20 in the left eye and 20/40 in the right eye. On June 16, 1999, the Alabama Department of Motor Vehicles removed the intrastate restriction from his commercial license. He does not need an exemption. 

#### 235. Charles Warren 

Mr. Warren does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 236. Howard N. Webster, Jr. 

Mr. Webster does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 237. William K. Wells 

Mr. Wells does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 238. Scott T. Welter 

Mr. Welter does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 239. Thomas P. Werner 

Mr. Werner does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 240. Ricky Whitaker 

Mr. Whitaker meets the vision requirements at 49 CFR 391.41(b)(10). He does not need a vision exemption.

#### 241. Matthew Whitten 

Mr. Whitten does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 242. David M. Wibirt 

Mr. Wibirt does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 243. David Wills 

Mr. Wills does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 244. James W. Wilson 

Mr. Wilson does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 245. Douglas M. Worley 

                        Mr. Worley does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance.                               ( print page 77484)    

#### 246. Donald Wright 

Mr. Wright does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

#### 247. Allen W. Wyskowski 

Mr. Wyskowski does not have sufficient driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. 

Authority:49 U.S.C. 322, 31315, and 31136; 49 CFR 1.73. 

Issued on: December 4, 2000.

Brian M. McLaughlin, 

Director, Office of Policy Plans and Regulations.

[FR Doc. 00-31346 Filed 12-8-00; 8:45 am] 

BILLING CODE 4910-EX-P