[Federal Register Volume 66, Number 153 (Wednesday, August 8, 2001)]
[Notices]
[Pages 41656-41658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19898]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-98-4334 (formerly FHWA-98-4334)]


Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemption; request for comments.

-----------------------------------------------------------------------

SUMMARY: This notice announces the FMCSA's decision to renew the 
exemptions from the vision requirement in 49 CFR 391.41(b)(10) for six 
individuals.

DATES: This decision is effective August 8, 2001. Comments from 
interested persons should be submitted by September 7, 2001.

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. 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:

[[Page 41657]]

Electronic Access and Filing

    You may see all comments online through the Document Management 
System (DMS) at: http://dmses.dot.gov/submit.

Background

    Six 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 Tomie 
L. Estes, Jay E. Finney, Britt D. Hazelwood, Jerome R. Jessen, Marvin 
L. Swillie, and Larry J. Waldner. 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 six 
petitions for renewal on their merits and decided to extend each 
exemption for a renewable 2-year period.
    On April 5, 1999, the agency published a notice of final 
disposition announcing its decision to exempt 23 individuals, including 
these six applicants for renewal, from the vision requirement in 49 CFR 
391.41(b)(10) (64 FR 16517). The qualifications, experience, and 
medical condition of each applicant were stated and discussed in detail 
at 63 FR 66226 (December 1, 1998). One comment was received, and its 
contents were carefully considered by the agency in reaching its final 
decision to grant the petitions (64 FR 16517). 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 
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 an additional 2-year period. In accordance with 49 
U.S.C. 31315 and 31136(e), each of the six applicants has satisfied the 
entry conditions for obtaining an exemption from the vision 
requirements (63 FR 30285; 63 FR 54519; 63 FR 66226; 64 FR 16517), and 
each has requested timely renewal of the exemption. These six 
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.

Discussion of Comments

    The Advocates for Highway and Auto Safety (AHAS) expresses 
continued opposition to the FMCSA's procedures for renewing exemptions 
from the vision requirement in 49 CFR 391.41(b)(10). Specifically, the 
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 the 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), the FMCSA extends 
the exemptions from the vision requirement in 49 CFR 391.41(b)(10) 
granted to Tomie L. Estes, Jay E. Finney, Britt D. Hazelwood, Jerome R. 
Jessen, Marvin L. Swillie, and Larry J. Waldner, 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 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).

Request for Comments

    The FMCSA has evaluated the qualifications and driving performance 
of the six 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 September 7, 2001. 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.


[[Page 41658]]


    Issued on: August 1, 2001.
Julie Anna Cirillo,
Acting Deputy Administrator.
[FR Doc. 01-19898 Filed 8-7-01; 8:45 am]
BILLING CODE 4910-EX-P