[Federal Register Volume 71, Number 72 (Friday, April 14, 2006)]
[Notices]
[Pages 19604-19606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5593]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket Nos. FMCSA-99-6156, FMCSA-2002-11426]


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: FMCSA announces its decision to renew the exemptions from the 
vision requirement in the Federal Motor Carrier Safety Regulations for 
18 individuals. FMCSA has statutory authority to exempt individuals 
from its vision standards if the exemptions granted will not compromise 
safety. The exemptions will enable these individuals to operate 
commercial motor vehicles (CMVs) in interstate commerce without meeting 
the vision standard prescribed in 49 CFR 391.41(b)(10). The Agency has 
concluded that granting these exemptions will provide a level of safety 
that is equivalent to, or greater than, the level of safety maintained 
without the exemptions for these commercial motor vehicle (CMV) 
drivers.

[[Page 19605]]


DATES: This decision is effective April 23, 2006. Comments must be 
received on or before May 15, 2006.

ADDRESSES: You may submit comments identified by DOT Docket Management 
System (DMS) Docket Numbers FMCSA-99-6156 and FMCSA-2002-11426, using 
any of the following methods.
     Web site: http://dmses.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 online instructions for submitting 
comments.
    Instructions: All submissions must include the Agency name and 
docket numbers for this Notice. 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 for further 
information.
    Docket: For access to the docket to read background documents or 
comments received, go to http://dms.dot.gov at any time or 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. The DMS is available 24 hours each day, 365 
days each year. 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 may search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or of the person 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 (65 FR 
19477; Apr. 11, 2000). This information is also available at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Chief, Physical 
Qualifications Division, (202) 366-4001, [email protected], 
FMCSA, Department of Transportation, 400 Seventh Street, SW., 
Washington, DC 20590-0001. Office hours are from 8 a.m. to 5 p.m., 
E.T., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Exemption Decision

    Under 49 U.S.C. 31315 and 31136(e), 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 18 
individuals who have requested renewal of their exemptions in a timely 
manner. FMCSA has evaluated these 18 applications for renewal on their 
merits and decided to extend each exemption for a renewable two-year 
period. They are:
Louis N. Adams
Lyle H. Banser
Lloyd J. Botsford
Joseph E. Buck, Sr.
Paul D. Gaither
Victor B. Hawks
Edward W. Hosier
Lucio Leal
Terry W. Lytle
Earl R. Mark
Richard W. Neyens
Anthony G. Parrish
Bill L. Pearcy
Robert H. Rogers
George L. Silvia
Mark J. Stevwing
Frankie A. Wilborn
Jeffrey L. Wuolett

    These exemptions are extended subject to the following conditions: 
(1) That each individual have an examination 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 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 18 applicants has satisfied the 
entry conditions for obtaining an exemption from the vision 
requirements (64 FR 54948; 65 FR 159; 67 FR 10475; 69 FR 8260; 67 FR 
10471; 67 FR 19798; and 69 FR 19611). Each of these 18 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, 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.

Request for Comments

    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, FMCSA requests that interested parties with 
specific data concerning the safety records of these drivers submit 
comments by May 15, 2006.
    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 subsequently evaluating 
any comments submitted by interested parties. As indicated above, the 
Agency

[[Page 19606]]

previously published Notices of final disposition announcing its 
decision to exempt these 18 individuals from the vision requirement in 
49 CFR 391.41(b)(10). The final decision to grant the exemption 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.
    Interested parties possessing information that would suggest that 
any, or all of these drivers, are not currently achieving the statutory 
level of safety should immediately notify FMCSA. The Agency 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), FMCSA 
will take immediate steps to revoke the exemption(s) in question.

    Issued on: March 31, 2006.
Rose A. McMurray,
Associate Administrator, Policy and Program Development.
[FR Doc. E6-5593 Filed 4-13-06; 8:45 am]
BILLING CODE 4910-EX-P