[Federal Register Volume 65, Number 214 (Friday, November 3, 2000)]
[Notices]
[Pages 66293-66294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28205]


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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 
nine individuals.

DATES: This decision is effective November 9, 2000. Comments from 
interested persons should be submitted by December 4, 2000.

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

    Nine 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 
Larry A. Dahleen, Earl D. Edland, Dale H. Hellman, Danny E. Hillier, 
Robert J. Johnson, Michael L. Manning, Gerald R. Rietmann, Jimmy E. 
Settle, and Hubert Whittenburg. Under 49 U.S.C. 31315 and 31136(e), the 
FMCSA may grant an exemption for a renewable 2-year period

[[Page 66294]]

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 nine 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 nine 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 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 nine applicants has satisfied 
the entry conditions for obtaining an exemption from the vision 
requirements (63 FR 30285; 63 FR 54519) and each has requested timely 
renewal of the exemption. These nine 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.

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 Larry A. Dahleen, Earl D. Edland, Dale H. Hellman, Danny E. 
Hillier, Robert J. Johnson, Michael L. Manning, Gerald R. Rietmann, 
Jimmy E. Settle, and Hubert Whittenburg, 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 nine 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 December 4, 2000. 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: October 30, 2000.
Clyde J. Hart, Jr.,
Acting Deputy Administrator, Federal Motor Carrier Safety 
Administration.
[FR Doc. 00-28205 Filed 11-2-00; 8:45 am]
BILLING CODE 4910-EX-P