[Federal Register Volume 66, Number 248 (Thursday, December 27, 2001)]
[Notices]
[Pages 66969-66970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31775]



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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket Nos. FMCSA-99-5748 and FMCSA-99-6156 (formerly OMCS-99-5748 and 
OMCS-99-6156)]


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 14 
individuals.

DATES: This decision is effective January 3, 2002. Comments from 
interested persons should be submitted by January 28, 2002.

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 
System (DMS) at: http://dmses.dot.gov/submit.

Background

    Fourteen 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 Woodrow E. Bohley, Kenneth E. Bross, Charlie F. Cook, Russell 
W. Foster, Curtis N. Fulbright, Vincent I. Johnson, Richard L. 
Loeffelholz, Herman C. Mash, Frank T. Miller, Charles E. O'Dell, Martin 
Postma, Robert G. Rascicot, Jon H. Wurtele, and Walter M. Yohn, Jr. 
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 14 petitions for renewal on their merits and 
decided to extend each exemption for a renewable 2-year period.
    On January 3, 2000, the agency published a notice of final 
disposition announcing its decision to exempt 40 individuals, including 
11 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 each 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 petitions (65 FR 159). On November 30, 1999, the 
agency published a notice of final disposition announcing its decision 
to exempt 33 individuals, including 3 of these applicants for renewal, 
from the vision requirement in 49 CFR 391.41(b)(10) (64 FR 66962). The 
qualifications, experience, and medical condition of the applicant were 
stated and discussed in detail at 64 FR 40404 (July 26, 1999). Three 
comments were received, and their contents were carefully considered by 
the agency in reaching its final decision to grant the petition (64 FR 
66962). 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 49 CFR 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 14 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 14 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

[[Page 66970]]

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 Woodrow E. Bohley, Kenneth E. Bross, Charlie F. Cook, 
Russell W. Foster, Curtis N. Fulbright, Vincent I. Johnson, Richard L. 
Loeffelholz, Herman C. Mash, Frank T. Miller, Charles E. O'Dell, Martin 
Postma, Robert G. Rascicot, Jon H. Wurtele, and Walter M. Yohn, Jr., 
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 14 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 January 28, 2002. 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: December 19, 2001.
Brian M. McLaughlin,
Associate Administrator, Policy and Program Development.
[FR Doc. 01-31775 Filed 12-26-01; 8:45 am]
BILLING CODE 4910-EX-P