[Federal Register Volume 67, Number 174 (Monday, September 9, 2002)]
[Notices]
[Pages 57266-57267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22826]



[[Page 57266]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket Nos. FMCSA-99-6156 (OMCS-99-6156), FMCSA-2000-7006, and FMCSA-
2000-7165]


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 the Federal Motor Carrier 
Safety Regulations for 76 individuals.

DATES: This decision is effective September 21, 2002. Comments from 
interested persons should be submitted by October 9, 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 as 
well as view the submissions of other commenters at 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 to know that we received your 
comments, please include a self-addressed, stamped envelope or postcard 
or print a copy of the acknowledgement page that appears after you 
submit comments electronically.

FOR FURTHER INFORMATION CONTACT: For information about the vision 
exemptions in this notice, 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:

Background

    Seventy-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. 
Under 49 U.S.C. 31315 and 31136(e), the FMCSA may renew an exemption 
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.'' Accordingly, the FMCSA has 
evaluated the 76 petitions for renewal on their merits and decided to 
extend each exemption for a renewable 2-year period. The names of the 
applicants for exemption are listed in Table 1 under the section 
entitled ``Conclusion.''
    On January 3, 2000, the agency published a notice of final 
disposition announcing its decision to exempt 40 individuals, including 
3 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 September 21, 2000, the 
agency published a notice of final disposition announcing its decision 
to exempt 56 individuals, including 31 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 
petitions (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 42 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 petitions (65 FR 
57234). 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 have a 
physical exam 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 additional 2-year periods. In accordance with 49 U.S.C. 
31315 and 31136(e), each of the 76 applicants has satisfied the entry 
conditions for obtaining an exemption from the vision requirements (64 
FR 54948, 65 FR 159, 65 FR 20245, 65 FR 33406, 65 FR 57230, 65 FR 
57234), and each has requested timely renewal of the exemption. Each of 
these 76 applicants 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 safety 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.

Discussion of Comments

    Advocates for Highway and Auto Safety (Advocates) expresses 
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

[[Page 57267]]

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). 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 the individuals listed in Table 1 below:

                 Table 1.--Applicants for Exemption From Sec.   391.41(b)(1) Vision Requirements
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
Elijah A. Allen, Jr..................  James W. Frion.........  Larry D. Johnson.......  Wayne R. Sears.
John W. Arnold.......................  Marcellus A. Garland...  Marvin L. Kiser, Jr....  Lee R. Sidwell
James H. Bailey......................  Shawn G. Gaston........  David R. Lambert.......  David L. Slack.
Victor F. Brast, Jr..................  James F. Gereau........  James R. Lanier........  Philip Smiddy.
John P. Brooks.......................  George J. Ghigliotty...  Ronnie L. LeMasters....  James C. Smith.
Benny J. Burke.......................  Ronald E. Goad.........  James S. Lewis.........  Daniel A. Sohn.
Derric D. Burrell....................  Esteban G. Gonzalez....  Steven G. Luther.......  James N. Spencer, Jr.
Monty G. Calderon....................  Harlan L. Gunter.......  Lewis V. McNeice.......  Roger R. Strehlow.
Anthony J. Cesternino................  Thanh Van Ha...........  Duane D. Mims..........  John T. Thomas.
Milton Coleman.......................  Reginald I. Hall.......  William A. Moore, Jr...  Darel E. Thompson.
Adam D. Craig........................  James O. Hancock.......  Barry B. Morgan........  Ralph A. Thompson.
Eric L. Dawson III...................  Paul A. Harrison.......  Leonard J. Morton......  Denney V. Traylor.
Roger A. Dennison....................  Sherman W. Hawk, Jr....  Kevin J. O'Donnell.....  Noel S. Wangerin.
Richard L. Derick....................  Daniel J. Hillman......  Gregory M. Preves......  Brian W. Whitmer.
Craig E. Dorrance....................  Thomas J. Holtmann.....  James M. Rafferty......  Jeffrey D. Wilson.
Joseph A. Dunlap.....................  Gordon W. Howell.......  Richard O. Rankin......  Larry M. Wink.
John C. Edwards, Jr..................  Roger L. Jacobson......  Paul C. Reagle, Sr.....  Joseph F. Wood.
Calvin J. Eldridge...................  Robert C. Jeffres......  Doyle R. Roundtree.....  William E. Woodhouse.
Willie P. Estep......................  Alfred C. Jewell, Jr...  Daniel Salinas.........  Rick A. Young.
----------------------------------------------------------------------------------------------------------------

    The exemption is subject to the following conditions: (1) Each 
individual must 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) Each individual must 
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) 
Each individual must 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 each of the 76 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 9, 2002. All comments will be considered and will 
be available for examination as stated in the ADDRESSES section. The 
FMCSA will also continue to file in the docket relevant information 
that becomes available.

    Issued on: September 9, 2002.
Brian M. McLaughlin,
Associate Administrator, Policy and Program Development.
[FR Doc. 02-22826 Filed 9-6-02; 8:45 am]
BILLING CODE 4910-EX-P