[Federal Register Volume 69, Number 159 (Wednesday, August 18, 2004)]
[Notices]
[Pages 51346-51348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18900]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket Nos. FMCSA-99-5748, FMCSA-99-6480, FMCSA-2001-11426, FMCSA-
2002-11714, FMCSA-2002-12294]


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 9, 2004. Comments from 
interested persons should be submitted by September 17, 2004.

ADDRESSES: You may submit comments identified by DOT DMS Docket Numbers 
FMCSA-99-5748, FMCSA-99-6480, FMCSA-2001-11426, FMCSA-2002-11714, and 
FMCSA-2002-12294 by any of the following methods:
     Web Site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
     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.

[[Page 51347]]

     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. Teresa Doggett, Office of Bus and 
Truck Standards and Operations, (202) 366-2990, FMCSA, Department of 
Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001. 
Office hours are from 8 a.m. to 5:30 p.m., e.t., Monday through Friday, 
except Federal holidays.

SUPPLEMENTARY INFORMATION: Public Participation: The DMS is available 
24 hours each day, 365 days 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:
    Ronald M. Aure, William J. Bell, Frank R. Berritto, Robert B. 
Brewer, Jack D. Clodfelter, James W. Collins, Tommy J. Cross, Jr., 
Daniel K. Davis, III, Timothy J. Droeger, Robert A. Fogg, Dan M. 
Francis, Jack L. Henson, Gary T. Hicks, Oskia D. Johnson, Walter R. 
Morris, Richard W. O'Neill, Larry A. Priewe, Gary L. Reveal, Billy L. 
Riddle, Randolph L. Rosewicz, Robert L. Savage, Kenneth D. Sisk, 
Patrick D. Talley, John C. Vantaggi, Loren R. Walker,Timothy J. Wilson.
    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 (64 
FR 40404, 64 FR 66962, 67 FR 10475, 67 FR 17102, 64 FR 68195, 65 FR 
20251, 67 FR 38311, 67 FR 10471, 67 FR 19798, 67 FR 15662, 67 FR 37907, 
67 FR 46016, 67 FR 57267). 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 September 17, 2004.
    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) and are repeated below for the 
reader's convenience.
    The FMCSA believes that the requirements for a renewal of an 
exemption under 49 U.S.C. 31315 and 31136(e) can be satisfied by 
initially granting the renewal and then requesting and evaluating, if 
needed, subsequently comments submitted by interested parties. As 
indicated above, the agency previously published notices

[[Page 51348]]

of final disposition announcing its decision to exempt these 26 
individuals from the vision requirement in 49 CFR 391.41(b)(10). That 
final decision to grant exemptions to each of these individuals was 
based on the merits of each case and only after careful consideration 
of the comments received to its notices of applications. Those notices 
of applications stated in detail the qualifications, experience, and 
medical condition of each applicant for an exemption from the vision 
requirements. That information is available by consulting the above 
cited Federal Register publications.
    Each of these 26 individuals identified in today's publication has 
successfully driven with an exception from the vision requirements for 
the past 2 years. Each driver has received physical examinations during 
the past 2-year period, in accordance with the program requirements. 
Either an ophthalmologist or optometrist has attested that each 
continued to meet the standard in 49 CFR 391.41(b)(10) in the better 
eye. Upon filing a renewal application, each of the 26 applicants has 
presented proof of continued qualification. Their vision impairment is 
stable. The driving record of all 26 renewal applicants continues to 
highlight their safe driving. These individuals have, and are 
continuing to, achieve a level of safety that is equivalent to, or 
greater than, the level that would be achieved absent the exemption.
    Nonetheless, interested parties or organizations possessing 
information that would otherwise show that any, or all of these 
drivers, are not currently achieving the statutory level of safety 
should immediately notify the FMCSA. The FMCSA will evaluate any 
adverse evidence submitted and, if safety is being compromised or if 
continuation of the exemption would not be consistent with the goals 
and objectives of 49 U.S.C. 31315 and 31136(e), the FMCSA will take 
immediate steps to revoke the exemption of a driver.
    The FMCSA continues to find its exemption process appropriate to 
the statutory and regulatory requirements.

    Issued on: August 12, 2004.
Rose A. McMurray,
Associate Administrator, Policy and Program Development.
[FR Doc. 04-18900 Filed 8-17-04; 8:45 am]
BILLING CODE 4910-EX-P