[Federal Register Volume 67, Number 213 (Monday, November 4, 2002)]
[Notices]
[Pages 67234-67236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27992]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket Nos. FMCSA-99-5578, FMCSA-99-6156, FMCSA-99-6480, FMCSA-2000-
7006, FMCSA-2000-7165, and 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 publishes the FMCSA's decision to renew the 
exemptions from the vision requirement in the Federal Motor Carrier 
Safety Regulations for 16 individuals.

DATES: This decision is effective November 9, 2002. Comments from 
interested persons should be submitted by December 4, 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 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 us to 
notify you that we received your comments, please include a self-
addressed, stamped envelope or postcard.

FOR FURTHER INFORMATION 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:

Exemption Decision

    Under 49 U.S.C. 31315 and 31136(e), the FMCSA may renew an 
exemption

[[Page 67235]]

from the vision requirement in 49 CFR 391.41(b)(10), which applies to 
drivers of commercial motor vehicles in interstate commerce, 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.'' The procedures for receiving an 
exemption (including renewals) are set out in 49 CFR part 381. This 
notice addresses 16 individuals who have requested renewal of their 
exemptions in a timely manner. They are: Ronald W. Coe, Sr., James A. 
Creed, Earl D. Edland, Lloyd E. Hall, Steven H. Heidorn, Dale H. 
Hellmann, Danny E. Hillier, Gary L. Killian, James A. Kneece, Ronald L. 
Martsching, Garry R. Setters, Jimmy E. Settle, Jesse M. Sikes, Harold 
A. Sleesman, Buford C. Varnadore, and Hubert Whittenburg. The FMCSA has 
evaluated these 16 petitions for renewal on their merits and decided to 
extend each exemption for a renewable 2-year period.
    These exemptions are extended subject to the following conditions: 
(1) That each individual 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) 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).

Background

    On September 23, 1999, the agency published a notice of final 
disposition announcing its decision to exempt 32 individuals, including 
1 of these applicants for renewal, from the vision requirement in 49 
CFR 391.41(b)(10)(64 FR 51568). The qualifications, experience, and 
medical condition of the 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 exemption (64 FR 51568).
    On January 3, 2000, the agency published a notice of final 
disposition announcing its decision to exempt 40 individuals, including 
1 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 the 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 exemption (65 FR 159).
    On April 14, 2000, the agency published a notice of final 
disposition announcing its decision to exempt 34 individuals, including 
1 of these applicants for renewal, from the vision requirement in 49 
CFR 391.41(b)(10)(65 FR 20251). The qualifications, experience, and 
medical condition of the applicant were stated and discussed in detail 
at 64 FR 68195 (December 6, 1999). Two comments were received, and 
their contents were carefully considered by the agency in reaching its 
final decision to grant the exemption (65 FR 20251).
    On September 21, 2000, the agency published a notice of final 
disposition announcing its decision to exempt 56 individuals, including 
4 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 exemptions (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 4 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 exemptions (65 FR 57234).
    On October 9, 1998, the agency published a notice of final 
disposition announcing its decision to exempt 12 individuals 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 20385 (June 3, 1998). 
Three comments were received, and their contents were carefully 
considered by the agency in reaching its final decision to grant the 
exemptions (63 FR 54519). On November 3, 2000, the agency published a 
notice of renewal of exemption for 9 of the 12 individuals, including 5 
of these applicants for renewal, from the vision requirement in 49 CFR 
391.41(b)(10) (65 FR 66293). At the time of renewal, each applicant 
submitted evidence showing that the vision in the better eye continued 
to meet the standard specified at 49 CFR 291.41(b)(10) and that the 
vision impairment was stable. In addition, a review of each record of 
safety while driving with the respective vision deficiencies over the 
2-year exemption period indicated each applicant continued to meet the 
vision exemption standards.

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 16 applicants has satisfied the entry 
conditions for obtaining an exemption from the vision requirements (63 
FR 30285, 63 FR 54519, 64 FR 27027, 64 FR 51568, 64 FR 54948, 64 FR 
68195, 65 FR 159, 65 FR 20245, 65 FR 20251, 65 FR 33406, 65 FR 57230, 
and 65 FR 57234), and 5 of the applicants have also satisfied the 
conditions for renewing an exemption (65 FR 66293). Each of these 16 
applicants has requested timely renewal of the exemption and 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 
safely 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.

[[Page 67236]]

Comments

    The FMCSA will review comments received at any time 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). However, the FMCSA requests that interested parties with 
specific data concerning the safety records of these drivers submit 
comments by December 4, 2002.
    In the past FMCSA has received comments from Advocates for Highway 
and Auto Safety (Advocates) expressing 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 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). The FMCSA continues to find its exemption 
process appropriate to the statutory and regulatory requirements.

    Issued on October 29, 2002.
Brian M. McLaughlin,
Associate Administrator, Policy and Program Development.
[FR Doc. 02-27992 Filed 11-1-02; 8:45 am]
BILLING CODE 4910-EX-M