[Federal Register Volume 70, Number 111 (Friday, June 10, 2005)]
[Notices]
[Pages 33937-33938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11491]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket Nos. FMCSA-98-4334, FMCSA-2000-7006, FMCSA-2000-7363, FMCSA-
2001-9258, FMCSA-2002-13411, FMCSA-2003-14504]


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 decision to renew the 
exemptions from the vision requirement in the Federal Motor Carrier 
Safety Regulations for 31 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 June 26, 2005. Comments from 
interested persons should be submitted by July 11, 2005.

ADDRESSES: You may submit comments identified by DOT DMS Docket Numbers 
FMCSA-98-4334, FMCSA-2000-7006, FMCSA-2000-7363, FMCSA-2001-9258, 
FMCSA-2002-13411, and FMCSA-2003-14504, 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 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: Dr. Mary D. Gunnels, Office of Bus and 
Truck Standards and Operations, (202) 366-4001, FMCSA, Department of 
Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001.

[[Page 33938]]

Office hours are from 8 a.m. to 5 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 requirements 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 31 individuals who have requested renewal of their 
exemptions in a timely manner. The FMCSA has evaluated these 31 
applications for renewal on their merits and decided to extend each 
exemption for a renewable two-year period. They are:
    Gary A. Barrett
    Donald L. Jensen
    James H. Oppliger
    Ivan L. Beal
    Daryl A. Jester
    Richard S. Rehbein
    Johnny A. Beutler
    Robert L. Joiner, Jr.
    Bernard E. Roche
    Daniel R. Brewer
    James P. Jones
    David E. Sanders
    Lynn A. Childress
    Loras G. Knebel
    David B. Speller
    Brett L. Condon
    Larry J. Lang
    Lynn D. Veach
    Mark W. Coulson
    Dennis D. Lesperance
    Dale R. Wheeler
    Thomas W. Craig
    John W. Locke
    Charles M. Wilkins
    Myron D. Dixon
    Herman G. Lovell
    Michael C. Wines
    Terry W. Dooley
    Ronald L. Maynard
    Alfred C. Jenkins
    William A. Moore, 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 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 31 applicants has satisfied the 
entry conditions for obtaining an exemption from the vision 
requirements (63 FR 66226; 64 FR 16517; 66 FR 17994; 68 FR 35772; 65 FR 
20245; 65 FR 57230; 67 FR 57266; 65 FR 45817; 65 FR 77066; 67 FR 71610; 
66 FR 17743; 66 FR 33990; 67 FR 76439; 68 FR 10298; 68 FR 19598; 68 FR 
33570). Each of these 31 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 July 11, 2005.
    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 69 FR 
51346 (August 18, 2004). The FMCSA continues to find its exemption 
process appropriate to the statutory and regulatory requirements.

    Issued on: June 3, 2005.
Pamela M. Pelcovits,
Office Director, Policy, Plan, and Regulation.
[FR Doc. 05-11491 Filed 6-9-05; 8:45 am]
BILLING CODE 4910-EX-P