[Federal Register Volume 68, Number 53 (Wednesday, March 19, 2003)]
[Notices]
[Pages 13360-13362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6627]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket Nos. FMCSA-2000-7165, FMCSA-2000-7363, FMCSA-2000-7918, FMCSA-
2001-8398]


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 decision to renew the 
exemptions from the vision requirement in the Federal Motor Carrier 
Safety Regulations for 37 individuals. The FMCSA has statutory 
authority to exempt individuals from vision standards if the exemptions 
granted will

[[Page 13361]]

not compromise safety. The agency has concluded that granting these 
exemptions will provide a level of safety that will equal or exceed the 
level of safety maintained without the exemptions for these commercial 
motor vehicle drivers.

DATES: This decision is effective March 23, 2003.. Comments from 
interested person should be submitted by April 18, 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. 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 
requesting an exemption (including renewals) are set out in 49 CFR part 
381. This notice addresses 37 individuals who have requested renewal of 
their exemptions in a timely manner. The FMCSA has evaluated these 37 
petitions for renewal on their merits and decided to extend each 
exemption for a renewable 2-year period. They are:

Carl W. Adams
Glenn A. Babcock, Jr.
David W. Ball
David F. Bardsley, Sr.
William E. Beckley
Joseph M. Blankenship
Willie Burnett, Jr.
Charles C. Chapman
Dennis J. Christensen
Robert P. Conrad, Sr.
David L. Davis
Jerald O. Edwards
Elias Gomez, Jr.
Robert K. Hodge
William G. Holland
Thomas E. Howard
Spencer E., Leonard
Thomas F. Marczewski
Boy E. Mathews
Velmer L. McClelland
Duane A. McCord
James T. McGraw, Jr.
Clarence M. Miles, Jr.
Robert A. Moss
Robert A. Murphy
John E. Musick
Henry C. Patton
Bobby G. Pool, Sr.
Robert Radcliff, Jr.
Billy G. Saunders
Daniel J. Schaap
George D. Schell
Scottie Stewart
Clarence L. Swann, Jr.
Thaddeus E. Temoney
Harry C. Weber
Yu Weng

    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).

Basis for Renewing Exemptions

    Under 49 U.S.C. 3135(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 37 applicants has satisfied the entry 
conditions for obtaining an exemption from the vision requirements (65 
FR 33406, 65 FR 57230, 65 FR 45817, 65 FR 77066, 65 FR 66286, 66 FR 
13825, 65 FR 78256, 66 FR 16311). Each of these 37 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 each 
renewal applicant for a period of 2 years is likely to achieve a level 
of safety equal to that existing without the exemption.

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 April 18, 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

[[Page 13362]]

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: March 13, 2003.
Pamela M. Pelcovits,
Acting Associate Administrator, Policy and Program Development.
[FR Doc. 03-6627 Filed 3-18-03; 8:45 am]
BILLING CODE 4910-EX-M