[Federal Register: December 8, 2000 (Volume 65, Number 237)]
[Notices]
[Page 77069-77070]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08de00-113]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2000-8203]
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 two
individuals.
DATES: This decision is effective December 8, 2000. We must receive
your comments on or before January 8, 2001.
ADDRESSES: Please mail or 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://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://dmses.dot.gov/submit.
You can look at and copy all the comments at the
same address 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 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://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://dmses.dot.gov/submit.
[[Page 77070]]
Background
Two 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 Bruce
T. Loughary and Leo L. McMurray. 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 absent
such exemption.'' Accordingly, the FMCSA has evaluated the two
petitions for renewal on their merits and made a determination to
extend their exemptions for a renewable 2-year period.
On October 9, 1998, the agency published a notice of final
disposition announcing its decision to exempt 12 individuals, including
these two applicants for renewal, from the vision requirement in 49 CFR
391.41(b)(10) (63 FR 54519). The qualifications, experience, and
medical condition of each applicant was 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 two applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (63 FR 30285; 63 FR 54519) and each has requested renewal
of the exemption. These two 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 that 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.
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 Bruce T. Loughary and Leo L. McMurray, 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 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 two applicants here and extends their exemptions based on the
evidence introduced in their applications for renewal. The agency,
however, will review any comments received concerning a particular
driver's safety record, evaluate any new information submitted, and
determine if the exemption continues to be consistent with the
requirements at 49 U.S.C. 31315 and 31136(e). We will consider all
comments of this nature that we receive before the close of business on
the closing day indicated in the ``Dates'' section.
Authority: 49 U.S.C. 322, 31136 and 31315; and 49 CFR 1.73.
Issued on: December 4, 2000.
Brian M. McLaughlin,
Director, Office of Policy Plans and Regulations.
[FR Doc. 00-31348 Filed 12-7-00; 8:45 am]
BILLING CODE 4910-EX-P
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