[Federal Register: November 4, 2002 (Volume 67, Number 213)]
[Notices]
[Page 67234-67236]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04no02-126]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket Nos. FMCSA-99-5578, FMCSA-99-6156, FMCSA-99-6480, FMCSA-2000-
7006, FMCSA-2000-7165, and 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 publishes the FMCSA's decision to renew the
exemptions from the vision requirement in the Federal Motor Carrier
Safety Regulations for 16 individuals.
DATES: This decision is effective November 9, 2002. Comments from
interested persons should be submitted by December 4, 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 at
http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://dms.dot.gov.
Please include the docket numbers that appear in
the heading of this document in your submission. 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 us to
notify you that we received your comments, please include a self-
addressed, stamped envelope or postcard.
FOR FURTHER INFORMATION CONTACT: Ms. Sandra Zywokarte, Office of Bus
and Truck Standards and Operations, (202) 366-2987, 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:
Exemption Decision
Under 49 U.S.C. 31315 and 31136(e), the FMCSA may renew an
exemption
[[Page 67235]]
from the vision requirement in 49 CFR 391.41(b)(10), which applies to
drivers of commercial motor vehicles in interstate commerce, 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.'' The procedures for receiving an
exemption (including renewals) are set out in 49 CFR part 381. This
notice addresses 16 individuals who have requested renewal of their
exemptions in a timely manner. They are: Ronald W. Coe, Sr., James A.
Creed, Earl D. Edland, Lloyd E. Hall, Steven H. Heidorn, Dale H.
Hellmann, Danny E. Hillier, Gary L. Killian, James A. Kneece, Ronald L.
Martsching, Garry R. Setters, Jimmy E. Settle, Jesse M. Sikes, Harold
A. Sleesman, Buford C. Varnadore, and Hubert Whittenburg. The FMCSA has
evaluated these 16 petitions for renewal on their merits and decided to
extend each exemption for a renewable 2-year period.
These exemptions are extended subject to the following conditions:
(1) That each individual have a physical exam 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 the 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).
Background
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 exemption (64 FR 51568).
On January 3, 2000, the agency published a notice of final
disposition announcing its decision to exempt 40 individuals, including
1 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 the 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 exemption (65 FR 159).
On April 14, 2000, the agency published a notice of final
disposition announcing its decision to exempt 34 individuals, including
1 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 the 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 exemption (65 FR 20251).
On September 21, 2000, the agency published a notice of final
disposition announcing its decision to exempt 56 individuals, including
4 of these applicants for renewal, from the vision requirement in 49
CFR 391.41(b)(10)(65 FR 57230). The qualifications, experience, and
medical condition of each applicant were stated and discussed in detail
at 65 FR 20245 (April 14, 2000). Three comments were received, and
their contents were carefully considered by the agency in reaching its
final decision to grant the exemptions (65 FR 57230).
Also on September 21, 2000, the agency published a second notice of
final disposition announcing its decision to exempt 60 individuals,
including 4 of these applicants for renewal, from the vision
requirement in 49 CFR 391.41(b)(10) (65 FR 57234). The qualifications,
experience, and medical condition of each applicant were stated and
discussed in detail at 65 FR 33406 (May 23, 2000). One comment was
received, and its contents were carefully considered by the agency in
reaching its final decision to grant the exemptions (65 FR 57234).
On October 9, 1998, the agency published a notice of final
disposition announcing its decision to exempt 12 individuals from the
vision requirement in 49 CFR 391.41(b)(10) (63 FR 54519). The
qualifications, experience, and medical condition of each applicant
were stated and discussed in detail at 63 FR 20385 (June 3, 1998).
Three comments were received, and their contents were carefully
considered by the agency in reaching its final decision to grant the
exemptions (63 FR 54519). On November 3, 2000, the agency published a
notice of renewal of exemption for 9 of the 12 individuals, including 5
of these applicants for renewal, from the vision requirement in 49 CFR
391.41(b)(10) (65 FR 66293). At the time of renewal, each applicant
submitted evidence showing that the vision in the better eye continued
to meet the standard specified at 49 CFR 291.41(b)(10) and that the
vision impairment was stable. In addition, a review of each record of
safety while driving with the respective vision deficiencies over the
2-year exemption period indicated each applicant continued to meet the
vision exemption standards.
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 16 applicants has satisfied the entry
conditions for obtaining an exemption from the vision requirements (63
FR 30285, 63 FR 54519, 64 FR 27027, 64 FR 51568, 64 FR 54948, 64 FR
68195, 65 FR 159, 65 FR 20245, 65 FR 20251, 65 FR 33406, 65 FR 57230,
and 65 FR 57234), and 5 of the applicants have also satisfied the
conditions for renewing an exemption (65 FR 66293). Each of these 16
applicants has requested timely renewal of the exemption and has
submitted evidence showing that the vision in the 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 each record of
safely while driving with the 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.
[[Page 67236]]
Comments
The FMCSA will review comments received at any time 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). However, the FMCSA requests that interested parties with
specific data concerning the safety records of these drivers submit
comments by December 4, 2002.
In the past FMCSA has received comments from Advocates for Highway
and Auto Safety (Advocates) expressing continued opposition to the
FMCSA's procedures for renewing exemptions from the vision requirement
in 49 CFR 391.41(b)(10). Specifically, Advocates 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 Advocates were addressed at length in 66 FR
17994 (April 4, 2001). The FMCSA continues to find its exemption
process appropriate to the statutory and regulatory requirements.
Issued on October 29, 2002.
Brian M. McLaughlin,
Associate Administrator, Policy and Program Development.
[FR Doc. 02-27992 Filed 11-1-02; 8:45 am]
BILLING CODE 4910-EX-M
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