[Federal Register Volume 68, Number 8 (Monday, January 13, 2003)]
[Notices]
[Pages 1654-1655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-579]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket Nos. FMCSA-2000-7165, FMCSA-2000-7363, 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.

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

SUMMARY: This notice publishes the FMCSA's decision to renew the 
exemptions from the vision requirement in the Federal Motor Carrier 
Safety Regulations for nine individuals.

DATES: This decision is effective January 13, 2003. Comments from 
interested persons should be submitted by February 12, 2003.

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.
    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review the 
Department of Transportation's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (Volume 65, Number 70; 
Pages 19477-78) or you may visit http://dms.dot.gov.

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. Sec. Sec.  31315 and 31136(e), the FMCSA may renew 
an exemption 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 nine individuals who have requested renewal of their 
exemptions in a timely manner. The FMCSA has evaluated these nine 
petitions for renewal on their merits and decided to extend each 
exemption for a renewable 2-year period. They are:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Timothy J. Bryant...............  Thomas D. Laws....  Clifford C.
                                                       Priesmeyer.
Robert J. Johnson...............  Leo L. McMurray...  George S. Rayson.
Charles R. Kuderer..............  Jimmy R. Millage..  Gerald R.
                                                       Rietmann.
------------------------------------------------------------------------

    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

[[Page 1655]]

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).

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 nine applicants has satisfied the entry 
conditions for obtaining an exemption from the vision requirements (63 
FR 30285, 63 FR 54519, 65 FR 33406, 65 FR 57234, 65 FR 45817, 65 FR 
77066), and three of the applicants have previously satisfied the 
conditions for renewing an exemption (65 FR 66293, 65 FR 77069). Each 
of these nine 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 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.

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 February 12, 2003.
    In the past the 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: January 7, 2003.
Brian M. McLaughlin,
Associate Administrator, Policy and Program Development.
[FR Doc. 03-579 Filed 1-10-03; 8:45 am]
BILLING CODE 4910-EX-P