[Federal Register: June 3, 2002 (Volume 67, Number 106)]

[Notices]               

[Page 38311-38312]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr03jn02-87]                         



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DEPARTMENT OF TRANSPORTATION



Federal Motor Carrier Safety Administration



[Docket Nos. FMCSA-99-5748 (OMCS-99-5748), FMCSA-99-6480]



 

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 announces FMCSA's decision to renew the exemptions 

from the vision requirement in 49 CFR 391.41(b)(10) for 11 individuals.



DATES: This decision is effective June 3, 2002. Comments from 

interested persons should be submitted by July 3, 2002.



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 as 

well as see the submissions of other commenters at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://dms.dot.gov. 

Please include the docket numbers that appear in the heading of this 

document. 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 to know that we received your comments, 

please include a self-addressed, stamped postcard or include a copy of 

the acknowledgement page that appears after you submit comments 

electronically.



FOR FURTHER INFORMATION CONTACT: For information about the vision 

exemptions in this notice, Ms. Sandra Zywokarte, Office of Bus and 

Truck Standards and Operations, (202) 366-2987; for information about 

legal issues related to this notice, Mr. Joseph Solomey, Office of the 

Chief Counsel, (202) 366-1374, 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:



Electronic Access and Filing



    You may see all comments online through the Document Management 

System (DMS) at: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://dmses.dot.gov/submit.



Background



    Eleven individuals have requested renewal of their exemptions from 

the vision requirement in 49 CFR 391.41(b)(10) which applies to drivers 

of commercial motor vehicles (CMVs) in interstate commerce. They are 

Ronnie F. Bowman, Thomas L. Corey, Oskia D. Johnson, Dennis E. Krone, 

James F. Laverdure, Christopher P. Lefler, David R. Linzy, Richard J. 

McKenzie, Jr., Kenneth R. Piechnik, Thomas R. Trumpeter, and John C. 

Vantaggi. Under 49 U.S.C. 31315 and 31136(e), FMCSA may renew an 

exemption 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.'' Accordingly, 

FMCSA has evaluated the 11 petitions for renewal on their merits and 

decided to extend each exemption for a renewable 2-year period.

    On April 14, 2000, the agency published a notice of final 

disposition announcing its decision to exempt 34 individuals, including 

10 of these applicants for renewal, from the vision requirement in 49 

CFR 391.41(b)(10) (65 FR 20251). The qualifications, experience, and 

medical condition of each applicant were stated and discussed in detail 

at 64 FR 68195 (December 6, 1999). Two comments were received, and 

their contents were carefully considered by the agency in reaching its 

final decision to grant the petitions (65 FR 20251). On November 30, 

1999, the agency published a notice of final disposition announcing its 

decision to exempt 33 individuals, including 1 of these applicants for 

renewal, from the vision requirement in 49 CFR 391.41(b)(10) (64 FR 

66962). The qualifications, experience, and medical condition of each 

applicant were stated and discussed in detail at 64 FR 40404 (July 26, 

1999). Three comments were received, and their contents were carefully 

considered by the agency in reaching its final decision to grant the 

petitions (64 FR 66962). The agency determined that exempting the 

individuals from 49 CFR 391.41(b)(10) was likely to achieve a level of 

safety equal to, or greater than, the level that would be achieved 

without the exemption as long as the vision in each applicant's better 

eye continued to meet the standard specified in 49 CFR 391.41(b)(10). 

As a condition of the exemption, therefore, the agency imposed 

requirements on the individuals similar to the grandfathering 

provisions in 49 CFR 391.64(b) applied to drivers who participated in 

the agency's former vision waiver program.

    These requirements are as follows: (1) That each individual be 

physically examined every year (a) by an ophthalmologist or optometrist 

who attests that vision in the better eye meets the standard in 49 CFR 

391.41(b)(10), and (b) by a medical examiner who attests 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.



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 11 applicants has satisfied the entry 

conditions for obtaining an exemption from the vision requirements (65 

FR 20251; 64 FR 68195; 64 FR 66962; 64 FR 40404), and each has 

requested timely renewal of the exemption. These 11 applicants have 

submitted evidence showing that the vision in their 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 their 

records of safety while driving with their 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, FMCSA concludes that 

extending the exemption for a period of 2 years is likely to



[[Page 38312]]



achieve a level of safety equal to that existing without the exemption 

for each renewal applicant.



Conclusion



    In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA extends the 

exemptions from the vision requirement in 49 CFR 391.41(b)(10) granted 

to Ronnie F. Bowman, Thomas L. Corey, Oskia D. Johnson, Dennis E. 

Krone, James F. Laverdure, Christopher P. Lefler, David R. Linzy, 

Richard J. McKenzie, Jr., Kenneth R. Piechnik, Thomas R. Trumpeter, and 

John C. Vantaggi, subject to the following conditions: (1) That each 

individual be physically examined 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 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).



Request for Comments



    FMCSA has evaluated the qualifications and driving performance of 

the 11 applicants here and extends their exemptions based on the 

evidence introduced. The agency will review any comments received 

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). While comments of this nature will be 

entertained at any time, FMCSA requests that interested parties with 

information concerning the safety records of these drivers submit 

comments by July 3, 2002. All comments will be considered and will be 

available for examination in the docket room at the above address. 

FMCSA will also continue to file in the docket relevant information 

which becomes available. Interested persons should continue to examine 

the docket for new material.



    Issued on: May 28, 2002.

Stephen E. Barber,

Associate Administrator, Enforcement and Program Delivery.

[FR Doc. 02-13753 Filed 5-31-02; 8:45 am]

BILLING CODE 4910-EX-P