[Federal Register Volume 67, Number 106 (Monday, June 3, 2002)]
[Notices]
[Pages 38311-38312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13753]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket Nos. FMCSA-99-5748 (OMCS-99-5748), FMCSA-99-6480]
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 FMCSA's decision to renew the exemptions
from the vision requirement in 49 CFR 391.41(b)(10) for 11 individuals.
DATES: This decision is effective June 3, 2002. Comments from
interested persons should be submitted by July 3, 2002.
ADDRESSES: You can mail or deliver comments to the U.S. Department of
Transportation, Dockets Management Facility, Room PL-401, 400 Seventh
Street, SW., Washington, DC 20590-0001. You can also submit comments as
well as see the submissions of other commenters at http://dms.dot.gov.
Please include the docket numbers that appear in the heading of this
document. You can examine and copy this document and all comments
received at the same Internet address or at the Dockets Management
Facility from 9 a.m. to 5 p.m., e.t., Monday through Friday, except
Federal holidays. If you want to know that we received your comments,
please include a self-addressed, stamped postcard or include a copy of
the acknowledgement page that appears after you submit 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. Joseph 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 see all comments online through the Document Management
System (DMS) at: http://dmses.dot.gov/submit.
Background
Eleven 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
Ronnie F. Bowman, Thomas L. Corey, Oskia D. Johnson, Dennis E. Krone,
James F. Laverdure, Christopher P. Lefler, David R. Linzy, Richard J.
McKenzie, Jr., Kenneth R. Piechnik, Thomas R. Trumpeter, and John C.
Vantaggi. Under 49 U.S.C. 31315 and 31136(e), FMCSA may renew an
exemption for a 2-year period if it finds ``such exemption would likely
achieve a level of safety that is equivalent to, or greater than, the
level that would be achieved absent such exemption.'' Accordingly,
FMCSA has evaluated the 11 petitions for renewal on their merits and
decided to extend each exemption for a renewable 2-year period.
On April 14, 2000, the agency published a notice of final
disposition announcing its decision to exempt 34 individuals, including
10 of these applicants for renewal, from the vision requirement in 49
CFR 391.41(b)(10) (65 FR 20251). The qualifications, experience, and
medical condition of each applicant were stated and discussed in detail
at 64 FR 68195 (December 6, 1999). Two comments were received, and
their contents were carefully considered by the agency in reaching its
final decision to grant the petitions (65 FR 20251). On November 30,
1999, the agency published a notice of final disposition announcing its
decision to exempt 33 individuals, including 1 of these applicants for
renewal, from the vision requirement in 49 CFR 391.41(b)(10) (64 FR
66962). The qualifications, experience, and medical condition of each
applicant were stated and discussed in detail at 64 FR 40404 (July 26,
1999). Three comments were received, and their contents were carefully
considered by the agency in reaching its final decision to grant the
petitions (64 FR 66962). 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 continued to meet the standard specified in 49 CFR 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 retain 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 additional 2-year periods. In accordance with 49 U.S.C.
31315 and 31136(e), each of the 11 applicants has satisfied the entry
conditions for obtaining an exemption from the vision requirements (65
FR 20251; 64 FR 68195; 64 FR 66962; 64 FR 40404), and each has
requested timely renewal of the exemption. These 11 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, FMCSA concludes that
extending the exemption for a period of 2 years is likely to
[[Page 38312]]
achieve a level of safety equal to that existing without the exemption
for each renewal applicant.
Conclusion
In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA extends the
exemptions from the vision requirement in 49 CFR 391.41(b)(10) granted
to Ronnie F. Bowman, Thomas L. Corey, Oskia D. Johnson, Dennis E.
Krone, James F. Laverdure, Christopher P. Lefler, David R. Linzy,
Richard J. McKenzie, Jr., Kenneth R. Piechnik, Thomas R. Trumpeter, and
John C. Vantaggi, 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 retention in the driver's qualification file and
retain 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 rescinded
earlier by FMCSA. The exemption will be rescinded 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
FMCSA has evaluated the qualifications and driving performance of
the 11 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, FMCSA requests that interested parties with
information concerning the safety records of these drivers submit
comments by July 3, 2002. All comments will be considered and will be
available for examination in the docket room at the above address.
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.
Issued on: May 28, 2002.
Stephen E. Barber,
Associate Administrator, Enforcement and Program Delivery.
[FR Doc. 02-13753 Filed 5-31-02; 8:45 am]
BILLING CODE 4910-EX-P