[Federal Register Volume 69, Number 166 (Friday, August 27, 2004)]
[Notices]
[Pages 52741-52743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19567]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket Nos. FMCSA-99-6156, FMCSA-2000-7006, FMCSA-2000-7165]


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 48 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 21, 2004. Comments from 
interested persons should be submitted by September 27, 2004.

ADDRESSES: You may submit comments identified by DOT DMS Docket Numbers 
FMCSA-99-6156, FMCSA-2000-7006, and FMCSA-2000-7165 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.
     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

[[Page 52742]]

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.s.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 two 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 48 individuals who have requested renewal of their 
exemptions in a timely manner. The FMCSA has evaluated these 48 
applications for renewal on their merits and decided to extend each 
exemption for a renewable two year period. They are:

Elijah A. Allen, Jr.
John W. Arnold
James H. Bailey
Victor F. Brast, Jr.
Derric D. Burrell
Monty G. Calderon
Anthony J. Cesternino
Eric L. Dawson, III
Richard L. Derick
Craig E. Dorrance
Joseph A. Dunlap
John C. Edwards, Jr.
Calvin J. Eldridge
Shawn B. Gaston
James F. Gereau
Ronald E. Goad
Esteban G. Gonzalez
Thanh Van Ha
Reginald I. Hall
James O. Hancock
Paul A. Harrison
Sherman W. Hawk, Jr.
Gordon W. Howell
Robert C. Jeffres
Alfred C. Jewell, Jr.
Larry D. Johnson
David R. Lambert
Ronnie L. LeMasters
Lewis V. McNeice
Duane D. Mims
Kevin J. O'Donnell
Gregory M. Preves
James M. Rafferty
Paul C. Reagle, Sr.
Daniel Salinas
Wayne R. Sears
Lee R. Sidwell
David L. Slack
James C. Smith
Daniel A. Sohn
Roger R. Strehlow
John T. Thomas
Ralph A. Thompson
Brian W. Whitmer
Jeffrey D. Wilson
Larry M. Wink
Joseph F. Wood
William E. Woodhouse

    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 two 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 two years from its approval date and may be renewed upon 
application for additional two year periods. In accordance with 49 
U.S.C. 31315 and 31136(e), each of the 48 applicants has satisfied the 
entry conditions for obtaining an exemption from the vision 
requirements (64 FR 54948, 65 FR 159, 67 FR 57266, 65 FR 20245, 65 FR 
57230, 65 FR 33406, 65 FR 57234). Each of these 48 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 two 
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 two 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 27, 2004.
    In the past the FMCSA has received comments from Advocates for 
Highway and Auto Safety (Advocates) expressing continued opposition to 
the FMCSA's

[[Page 52743]]

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 69 FR 
51346 (August 18, 2004). The FMCSA continues to find its exemption 
process appropriate to the statutory and regulatory requirements.

    Issued on: August 19, 2004.
Rose A. McMurray,
Associate Administrator, Policy and Program Development.
[FR Doc. 04-19567 Filed 8-26-04; 8:45 am]
BILLING CODE 4910-EX-P