[Federal Register Volume 66, Number 65 (Wednesday, April 4, 2001)]
[Notices]
[Pages 17994-17996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8265]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket Nos. FMCSA-98-4334 and FMCSA-98-3637 (formerly FHWA-98-4334 and
FHWA-98-3637)]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of renewal of exemption; request for comments.
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SUMMARY: This notice announces the FMCSA's decision to renew the
exemptions from the vision requirement in 49 CFR 391.41(b)(10), for 13
individuals.
DATES: This decision is effective April 5, 2001. Comments from
interested persons should be submitted by May 4, 2001.
ADDRESSES: Mail or hand deliver comments to the U.S. Department of
Transportation, Dockets Management Facility, Room PL-401, 400 Seventh
Street, SW., Washington, DC 20590, or submit electronically at http://dmses.dot.gov/submit. All comments received will be available for
examination and copying at the above address from 9 a.m. to 5 p.m.,
e.t., Monday through Friday, except Federal holidays. Those desiring
notification of receipt of comments must include a self-addressed,
stamped postcard or you may print the acknowledgment page that appears
after submitting comments electronically.
FOR FURTHER INFORMATION CONTACT: For information about the vision
exemptions in this notice, Ms. Sandra Zywokarte, Office of Bus and
Truck Standards and Operations, (202) 366-2987; for information about
legal issues related to this notice, Mr. Joe Solomey, Office of the
Chief Counsel, (202) 366-1374, FMCSA, Department of Transportation, 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:
Electronic Access and Filing
You may submit or retrieve comments online through the Document
Management System (DMS) at: http://dmses.dot.gov/submit. Acceptable
formats include: MS Word (versions 95 to 97), MS Word for Mac (versions
6 to 8), Rich Text File (RTF), American Standard Code Information
Interchange (ASCII)(TXT), Portable Document Format (PDF), and
WordPerfect (versions 7 to 8). The DMS is available 24 hours each day,
365 days each year. Electronic submission and retrieval help and
guidelines are available under the help section of the web site.
An electronic copy of this document may also be downloaded by using
a computer, modem and suitable communications software from the
Government Printing Office's Electronic Bulletin Board Service at (202)
512-1661. Internet users may also reach the Office of the Federal
Register's home page at: http://www.nara.gov/fedreg and the Government
Printing Office's database at: http://www.access.gpo.gov/nara.
Background
Thirteen individuals have requested renewal of their exemptions
from the vision requirement in 49 CFR 391.41(b)(10) which applies to
drivers of commercial motor vehicles (CMVs) in interstate commerce.
They are Joe F. Arnold, Gary A. Barrett, Ivan L. Beal, Johnny A.
Beutler, Richard D. Carlson, David J. Collier, Loras G. Knebel, Dexter
L. Myhre, James H. Oppliger, Stephanie D. Randels, Duane L. Riendeau,
Darrell L. Rohlfs, and Robert A. Wagner. Under 49 U.S.C. 31315 and
31136(e), the FMCSA may grant an exemption for a renewable 2-year
period if it finds ``such exemption would likely achieve a level of
safety that is equivalent to, or greater than, the level that would be
achieved
[[Page 17995]]
absent such exemption.'' Accordingly, the FMCSA has evaluated the 13
petitions for renewal on their merits and has decided to extend each
exemption for a renewable 2-year period.
On April 5, 1999, the agency published a notice of final
disposition announcing its decision to exempt 23 individuals, including
12 of these applicants for renewal, from the vision requirement in 49
CFR 391.41(b)(10) (64 FR 16517). The qualifications, experience, and
medical condition of each applicant were stated and discussed in detail
at 63 FR 66226 (December 1, 1998). One comment was received, and its
contents were carefully considered by the agency in reaching its final
decision to grant the petitions (64 FR 16517). On October 9, 1998, the
agency published a notice of final disposition announcing its decision
to exempt 12 individuals, including Mr. Wagner, from the vision
requirement in 49 CFR 391.41(b)(10) (63 FR 54519). His qualifications,
experience, and medical condition were stated and discussed in detail
at 63 FR 30285 (June 3, 1998). Three comments were received, and their
contents were carefully considered by the agency in reaching its final
decision to grant the petitions (63 FR 54519). The agency determined
that exempting the individuals from 49 CFR 391.41(b)(10) was likely to
achieve a level of safety equal to, or greater than, the level that
would be achieved without the exemption as long as the vision in each
applicant's better eye continues to meet the standard specified in
391.41(b)(10). As a condition of the exemption, therefore, the agency
imposed requirements on the individuals similar to the grandfathering
provisions in 49 CFR 391.64(b) applied to drivers who participated in
the agency's former vision waiver program.
These requirements are as follows: (1) That each individual be
physically examined every year (a) by an ophthalmologist or optometrist
who attests that vision in the better eye meets the standard in 49 CFR
391.41(b)(10), and (b) by a medical examiner who attests the individual
is otherwise physically qualified under 49 CFR 391.41; (2) that each
individual provide a copy of the ophthalmologist's or optometrist's
report to the medical examiner at the time of the annual medical
examination; and (3) that each individual provide a copy of the annual
medical certification to the employer for retention in the driver's
qualification file and retains a copy of the certification on his/her
person while driving for presentation to a duly authorized Federal,
State, or local enforcement official.
Basis for Renewing Exemptions
Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than 2 years from its approval date and may be renewed upon
application for an additional 2-year period. In accordance with 49
U.S.C. 31315 and 31136(e), each of the 13 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (63 FR 30285; 63 FR 54519; 63 FR 66266; 64 FR 16517), and
each has requested timely renewal of the exemption. These 13 applicants
have submitted evidence showing that the vision in their better eye
continues to meet the standard specified at 49 CFR 391.41(b)(10), and
that the vision impairment is stable. In addition, a review of their
records of safety while driving with their respective vision
deficiencies over the past 2 years indicates each applicant continues
to meet the vision exemption standards. These factors provide an
adequate basis for predicting each driver's ability to continue to
drive safely in interstate commerce. Therefore, the FMCSA concludes
that extending the exemption for a period of 2 years is likely to
achieve a level of safety equal to that existing without the exemption
for each renewal applicant.
Discussion of Comments
The Advocates for Highway and Auto Safety (AHAS) expresses
opposition to the FMCSA's procedures for renewing exemptions from the
vision requirement in 49 CFR 391.41(b)(10). Specifically, the AHAS
objects to the agency's extension of the exemptions without any
opportunity for public comment prior to the decision to renew and
reliance on a summary statement of evidence to make its decision to
extend the exemption of each driver.
The FMCSA believes that the requirements for a renewal of an
exemption under 49 U.S.C. 31315 and 31136(e) can be satisfied by
initially granting the renewal and then requesting and evaluating, if
needed, subsequently comments submitted by interested parties. As
indicated above, the agency previously published notices of final
disposition announcing its decision to exempt these 13 individuals from
the vision requirement in 49 CFR 391.41(b)(10). That final decision to
grant exemptions to each of these individuals was based on the merits
of each case and only after careful consideration of the comments
received to its notices of application. Those notices of applications
stated in detail the qualifications, experience, and medical condition
of each petitioner for an exemption from the vision requirements. That
information is available by consulting the above cited Federal Register
publications.
These 13 individuals identified in today's publication have
successfully driven with an exception from the vision requirements for
the past two years. These drivers have received physical examinations
during the past two-year period, in accordance with the program
requirements. Either an ophthalmologist or optometrist has attested
that they continued to meet the standard in 49 CFR 391.41(b)(10) in the
better eye. Upon filing their renewal application, all 13 applicants
have presented proof of continued qualification. Their vision
impairment is stable. The driving record of all 13-renewal applicants
continues to highlight their safe driving. These individuals have, and
are continuing to, achieve a level of safety that is equivalent to, or
greater than, the level that would be achieved absent the exemption.
Nonetheless, interested parties or organizations possessing
information that would otherwise show that any, or all of these
drivers, are not currently achieving the statutory level of safety
should immediately notify the FMCSA. The FMCSA will evaluate any
adverse evidence submitted and, if safety is being compromised or if
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31315 and 31136(e), the FMCSA will take
immediate steps to revoke the exemption of a driver.
Conclusion
In accordance with 49 U.S.C. 31315 and 31136(e), the FMCSA extends
the exemptions from the vision requirement in 49 CFR 391.41(b)(10)
granted to Joe F. Arnold, Gary A. Barrett, Ivan L. Beal, Johnny A.
Beutler, Richard D. Carlson, David J. Collier, Loras G. Knebel, Dexter
L. Myhre, James H. Oppliger, Stephanie D. Randels, Duane L. Riendeau,
Darrell L. Rohlfs, and Robert A. Wagner, subject to the following
conditions: (1) That each individual be physically examined every year
(a) by an ophthalmologist or optometrist who attests that the vision in
the better eye continues to meet the standard in 49 CFR 391.41(b)(10),
and (b) by a medical examiner who attests that the individual is
otherwise physically qualified under 49 CFR 391.41; (2) that each
individual provide a copy of the ophthalmologist's or optometrist's
report to the medical examiner at the time of the annual medical
examination; and (3) that each individual provide a copy of the annual
medical certification to the employer for
[[Page 17996]]
retention in the driver's qualification file and retains a copy of the
certification on his/her person while driving for presentation to a
duly authorized Federal, State, or local enforcement official. Each
exemption will be valid for 2 years unless revoked earlier by the
FMCSA. The exemption will be revoked if: (1) The person fails to comply
with the terms and conditions of the exemption; (2) the exemption has
resulted in a lower level of safety than was maintained before it was
granted; or (3) continuation of the exemption would not be consistent
with the goals and objectives of 49 U.S.C. 31315 and 31136(e).
Request for Comments
The FMCSA has evaluated the qualifications and driving performance
of the 13 applicants here and extends their exemptions based on the
evidence introduced. The agency will review any comments received
concerning a particular driver's safety record and determine if the
continuation of the exemption is consistent with the requirements at 49
U.S.C. 31315 and 31136(e). While comments of this nature will be
entertained at any time, the FMCSA requests that interested parties
with information concerning the safety records of these drivers submit
comments by May 4, 2001. All comments will be considered and will be
available for examination in the docket room at the above address. The
FMCSA will also continue to file in the docket relevant information
which becomes available. Interested persons should continue to examine
the docket for new material.
Authority: 49 U.S.C. 322, 31136 and 31315; and 49 CFR 1.73.
Issued on: March 29, 2001.
Julie Anna Cirillo,
Acting Deputy Administrator,
[FR Doc. 01-8265 Filed 4-3-01; 8:45 am]
BILLING CODE 4910-EX-P