[Federal Register Volume 65, Number 237 (Friday, December 8, 2000)]
[Notices]
[Pages 77069-77070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31348]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. 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 announces the FMCSA's decision to renew the 
exemptions from the vision requirement in 49 CFR 391.41(b)(10), for two 
individuals.

DATES: This decision is effective December 8, 2000. We must receive 
your comments on or before January 8, 2001.

ADDRESSES: Please mail or deliver comments to the U.S. Department of 
Transportation, Dockets Management Facility, Room PL-401, 400 Seventh 
Street, SW., Washington, DC 20590, or submit electronically at http://dmses.dot.gov/submit. You can look at and copy all the comments at the 
same address 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 print the 
acknowledgment page that appears after submitting 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. Joe 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 submit or retrieve comments online through the Document 
Management System (DMS) at: http://dmses.dot.gov/submit.

[[Page 77070]]

Background

    Two 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 Bruce 
T. Loughary and Leo L. McMurray. Under 49 U.S.C. 31315 and 31136(e), 
the FMCSA may grant an exemption for a renewable 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, the FMCSA has evaluated the two 
petitions for renewal on their merits and made a determination to 
extend their exemptions for a renewable 2-year period.
    On October 9, 1998, the agency published a notice of final 
disposition announcing its decision to exempt 12 individuals, including 
these two applicants for renewal, from the vision requirement in 49 CFR 
391.41(b)(10) (63 FR 54519). The qualifications, experience, and 
medical condition of each applicant was stated and discussed in detail 
at 63 FR 30285, June 3, 1998. Three comments were received, and their 
contents were carefully considered by the agency in reaching its final 
decision to grant the petitions (63 FR 54519). 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 continues to meet the standard specified in 
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 retains 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 an additional 2-year period. In accordance with 49 
U.S.C. 31315 and 31136(e), each of the two applicants has satisfied the 
entry conditions for obtaining an exemption from the vision 
requirements (63 FR 30285; 63 FR 54519) and each has requested renewal 
of the exemption. These two 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 that 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.

Conclusion

    In accordance with 49 U.S.C. 31315 and 31136(e), the FMCSA extends 
the exemptions from the vision requirement in 49 CFR 391.41(b)(10) 
granted to Bruce T. Loughary and Leo L. McMurray, 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 retains 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 revoked earlier by the FMCSA. The exemption 
will be revoked 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

    The FMCSA has evaluated the qualifications and driving performance 
of the two applicants here and extends their exemptions based on the 
evidence introduced in their applications for renewal. The agency, 
however, will review any comments received concerning a particular 
driver's safety record, evaluate any new information submitted, and 
determine if the exemption continues to be consistent with the 
requirements at 49 U.S.C. 31315 and 31136(e). We will consider all 
comments of this nature that we receive before the close of business on 
the closing day indicated in the ``Dates'' section.

    Authority: 49 U.S.C. 322, 31136 and 31315; and 49 CFR 1.73.

    Issued on: December 4, 2000.
Brian M. McLaughlin,
Director, Office of Policy Plans and Regulations.
[FR Doc. 00-31348 Filed 12-7-00; 8:45 am]
BILLING CODE 4910-EX-P