[Federal Register Volume 66, Number 183 (Thursday, September 20, 2001)]
[Notices]
[Pages 48504-48506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-23428]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-99-5578 (formerly FHWA-99-5578)]
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 18
individuals.
DATES: This decision is effective September 20, 2001. Comments from
interested persons should be submitted by October 22, 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:
Electronic Access and Filing
You may see all comments online through the Document Management
[[Page 48505]]
System (DMS) at: http://dmses.dot.gov/submit.
Background
Eighteen 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 Grady L. Black, Jr., John A. Chizmar, Billy M. Coker, Weldon
R. Evans, Richard L. Gagnebin, James P. Guth, Rayford R. Harper, Paul
M. Hoerner, Charles L. Lovern, Craig M. Mahaffey, Michael S. Maki,
Howard R. Payne, Kenneth A. Reddick, Leonard Rice, Jr., John A.
Sortman, James A. Strickland, James T. Sullivan, and Edward A.
Vanderhei. 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 18 petitions for renewal on
their merits and decided to extend each exemption for a renewable 2-
year period.
On September 23, 1999, the agency published a notice of final
disposition announcing its decision to exempt 32 individuals, including
these 18 applicants for renewal, from the vision requirement in 49 CFR
391.41(b)(10) (64 FR 51568). The qualifications, experience, and
medical condition of each 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 petitions (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
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 18 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 18 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 Grady L. Black, Jr., John A. Chizmar, Billy M. Coker, Weldon
R. Evans, Richard L. Gagnebin, James P. Guth, Rayford R. Harper, Paul
M. Hoerner, Charles L. Lovern, Craig M. Mahaffey, Michael S. Maki,
Howard R. Payne, Kenneth A. Reddick, Leonard Rice, Jr., John A.
Sortman, James A. Strickland, James T. Sullivan, and Edward A.
Vanderhei, 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 18 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 October 22, 2001. All comments will be considered and will
be available for examination in the docket room at the above address.
The
[[Page 48506]]
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: September 14, 2001.
Julie Anna Cirillo,
Acting Deputy Administrator.
[FR Doc. 01-23428 Filed 9-19-01; 8:45 am]
BILLING CODE 4910-EX-P