[Federal Register: March 27, 2003 (Volume 68, Number 59)]
[Notices]
[Page 15037-15038]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27mr03-89]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-98-4334]
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 seven 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
equal or exceed the level of safety maintained without the exemptions
for these commercial motor vehicle drivers.
DATES: This decision is effective April 5, 2003. Comments from
interested persons should be submitted by April 28, 2003.
ADDRESSES: You can mail or deliver comments to the U.S. Department of
Transportation, Dockets Management Facility, Room PL-401, 400 Seventh
Street, SW., Washington, DC 20590-0001. You can also submit comments at
http://dms.dot.gov. Please include the docket number that appears in
the heading of this document in your submission. You can examine and
copy this document and all comments received at the same Internet
address or at the Dockets Management Facility from 9 a.m. to 5 p.m.,
e.t., Monday through Friday, except Federal holidays. If you want us to
notify you that we received your comments, please include a self-
addressed, stamped envelope or postcard.
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 (65 FR 19477-78) or you
may visit http://dms.dot.gov.
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.
Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through
Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
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 commercial motor vehicles 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 seven individuals who have requested renewal
of their exemptions in a timely manner. The FMCSA has evaluated these
seven petitions for renewal on their merits and decided to extend each
exemption for a renewable 2-year period. They are:
Joe F. Arnold
Richard D. Carlson
David J. Collier
Dexter L. Myhre
Stephanie D. Randels
Duane L. Riendeau
Darrell L. Rohlfs
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 seven applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (63 FR 66226, 64 FR 16517, 65 FR 17994). Each of these
seven 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 April 28, 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
[[Page 15038]]
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: March 20, 2003.
Pamela M. Pelcovits,
Acting Associate Administrator, Policy and Program Develoment.
[FR Doc. 03-7297 Filed 3-26-03; 8:45 am]