[Federal Register: January 13, 2003 (Volume 68, Number 8)]
[Notices]
[Page 1654-1655]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13ja03-106]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket Nos. FMCSA-2000-7165, FMCSA-2000-7363, and FMCSA-2000-8203]
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's decision to renew the
exemptions from the vision requirement in the Federal Motor Carrier
Safety Regulations for nine individuals.
DATES: This decision is effective January 13, 2003. Comments from
interested persons should be submitted by February 12, 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 numbers that appear 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 (Volume 65, Number 70;
Pages 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. Sec. Sec. 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 receiving
an exemption (including renewals) are set out in 49 CFR Part 381. This
notice addresses nine individuals who have requested renewal of their
exemptions in a timely manner. The FMCSA has evaluated these nine
petitions for renewal on their merits and decided to extend each
exemption for a renewable 2-year period. They are:
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Timothy J. Bryant............... Thomas D. Laws.... Clifford C.
Priesmeyer.
Robert J. Johnson............... Leo L. McMurray... George S. Rayson.
Charles R. Kuderer.............. Jimmy R. Millage.. Gerald R.
Rietmann.
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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
[[Page 1655]]
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 nine applicants has satisfied the entry
conditions for obtaining an exemption from the vision requirements (63
FR 30285, 63 FR 54519, 65 FR 33406, 65 FR 57234, 65 FR 45817, 65 FR
77066), and three of the applicants have previously satisfied the
conditions for renewing an exemption (65 FR 66293, 65 FR 77069). Each
of these nine 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 a period of 2 years is likely to achieve a level of
safety equal to that existing without the exemption for each renewal
applicant.
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 February 12, 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 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: January 7, 2003.
Brian M. McLaughlin,
Associate Administrator, Policy and Program Development.
[FR Doc. 03-579 Filed 1-10-03; 8:45 am]