[Federal Register Volume 68, Number 181 (Thursday, September 18, 2003)]
[Notices]
[Pages 54775-54776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23881]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket Nos. FMCSA-98-4334, FMCSA-99-5578, FMCSA-99-6480, FMCSA-2000-
7363, FMCSA-2000-7918, FMCSA-2001-9258, FMCSA-2001-9561]


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 26 individuals. The FMCSA has statutory 
authority to exempt individuals from vision standards if the exemptions 
granted will not compromise safety. The agency has concluded that 
granting these exemptions will provide a level of safety that will be 
equivalent to, or greater than, the level of safety maintained without 
the exemptions for these commercial motor vehicle (CMV) drivers.

DATES: This decision is effective September 23, 2003. Comments from 
interested persons should be submitted by October 20, 2003.

ADDRESSES: You may submit comments identified by DOT DMS Docket Numbers 
FMCSA-98-4334, FMCSA-99-5578, FMCSA-99-6480, FMCSA-2000-7363, FMCSA-
2000-7918, FMCSA-2001-9258, and FMCSA-2001-9561 by any of the following 
methods:
    [sbull] Web site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
    [sbull] Fax: 1-202-493-2251.
    [sbull] Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
    [sbull] Hand Delivery: Room PL-401 on the plaza level of the Nassif 
Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.
    [sbull] Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
    Instructions: All submissions must include the agency name and 
docket numbers for this notice. For detailed instructions on submitting 
comments and additional information on the rulemaking process, see the 
Public Participation heading of the SUPPLEMENTARY INFORMATION section 
of this document. Note that all comments received will be posted 
without change to http://dms.dot.gov, including any personal 
information provided. Please see the Privacy Act heading under 
Regulatory Notices.
    Docket: For access to the docket to read background documents or 
comments received, go to http://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

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 20590-0001. 
Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through 
Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:
    Public Participation: The DMS is available 24 hours each day, 365 
days

[[Page 54776]]

each year. You can get electronic submission and retrieval help 
guidelines under the ``help'' section of the DMS Web site. If you want 
us to notify you that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement 
page that appears after submitting comments on-line.
    Privacy Act: 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.

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 CMVs 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 26 individuals who have requested renewal of their 
exemptions in a timely manner. The FMCSA has evaluated these 26 
applications for renewal on their merits and decided to extend each 
exemption for a renewable 2-year period. They are:

Grady L. Black, Jr.
Thomas B. Blish
John A. Chizmar
Billy M. Coker
Weldon R. Evans
Richard L. Gagnebin
James P. Guth
Rayford R. Harper
James W. Harris
William N. Hicks
Paul M. Hoerner
Edward E. Hooker
Donald A. Jahr
Charles L. Lovern
Craig M. Mahaffey
Michael S. Maki
Howard R. Payne
Kenneth A. Reddick
Leonard Rice, Jr.
John A. Sortman
Edd J. Stabler
James T. Sullivan
Steven C. Thomas
Edward A. Vanderhei
Larry J. Waldner
Edward W. Yeates, Jr.

    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. 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 26 applicants has satisfied the entry 
conditions for obtaining an exemption from the vision requirements (63 
FR 66226, 64 FR 16517, 66 FR 41656, 64 FR 27027, 64 FR 51568, 66 FR 
48504, 64 FR 68195, 65 FR 20251, 65 FR 45817, 65 FR 77066, 65 FR 66286, 
66 FR 13825, 66 FR 17743, 66 FR 33990, 66 FR 30502, 66 FR 41654). Each 
of these 26 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 October 20, 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: September 12, 2003.
Pamela M. Pelcovits,
Office Director, Policy, Plans, and Regulation.
[FR Doc. 03-23881 Filed 9-17-03; 8:45 am]
BILLING CODE 4910-EX-P