[Federal Register Volume 67, Number 45 (Thursday, March 7, 2002)]
[Notices]
[Pages 10475-10477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5362]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket Nos. FMCSA-99-5578, FMCSA-99-5748 and FMCSA-99-6156 (FHWA-99-
5578, OMCS-99-5748 and OMCS-99-6156)]
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 19 individuals.
DATES: This decision is effective March 7, 2002. Comments from
interested persons should be submitted by April 8, 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
[[Page 10476]]
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
Nineteen 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 Herman L. Bailey, Jr., Mark A. Baisden, William A. Bixler,
Brad T. Braegger, Richard J. Cummings, Clifford H. Dovel, Donald D.
Dunphy, Daniel R. Franks, Victor B. Hawks, Jack L. Henson, Myles E.
Lane, Sr., Dennis J. Lessard, Harry R. Littlejohn, Frances C. Ruble,
George L. Silvia, James D. Simon, Wayland O. Timberlake, Robert J.
Townsley, and Jeffrey G. Wuensch. 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 19 petitions for
renewal on their merits and decided to extend each exemption for a
renewable 2-year period.
On January 3, 2000, the agency published a notice of final
disposition announcing its decision to exempt 40 individuals, including
13 of these applicants for renewal, from the vision requirement in 49
CFR 391.41(b)(10) (65 FR 159). The qualifications, experience, and
medical condition of each applicant were stated and discussed in detail
at 64 FR 54948 (October 8, 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 159). On November 30, 1999, the
agency published a notice of final disposition announcing its decision
to exempt 33 individuals, including 5 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). On September 23, 1999, the agency published a
notice of final disposition announcing its decision to exempt 32
individuals, including 1 of these applicants for renewal, from the
vision requirement in 49 CFR 391.41(b)(10) (64 FR 51568). The
qualifications, experience, and medical condition of the applicant were
stated and discussed in detail at 64 FR 27027 (May 18, 1999). Two
comments were received, and their contents were carefully considered by
the agency in reaching its final decision to grant the petition (64 FR
51568). 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 19 applicants has satisfied the entry
conditions for obtaining an exemption from the vision requirements (65
FR 159; 64 FR 54948; 64 FR 66962; 64 FR 40404; 64 FR 51568; 64 FR
27027), and each has requested timely renewal of the exemption. These
19 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 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
continued opposition to FMCSA's procedures for renewing exemptions from
the vision requirement in 49 CFR 391.41(b)(10). Specifically, 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 issues raised by AHAS were addressed at length in 66 FR 17994
(April 4, 2001). We will not address these points again here, but refer
interested parties to that earlier discussion.
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 Herman L. Bailey, Jr., Mark A. Baisden, William A. Bixler, Brad T.
Braegger, Richard J. Cummings, Clifford H. Dovel, Donald D. Dunphy,
Daniel R. Franks, Victor B. Hawks, Jack L. Henson, Myles E. Lane, Sr.,
Dennis J. Lessard, Harry R. Littlejohn, Frances C. Ruble, George L.
[[Page 10477]]
Silvia, James D. Simon, Wayland O. Timberlake, Robert J. Townsley, and
Jeffrey G. Wuensch, 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 19 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 April 8, 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: March 1, 2002.
Brian M. McLaughlin,
Associate Administrator for Policy and Program Development.
[FR Doc. 02-5362 Filed 3-6-02; 8:45 am]
BILLING CODE 4910-EX-P