Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Notices 77069

intrastate commerce 49 CFR 350.341 (h),

see 65 FR 15092, at 15109, March 21,

2000. They are not required to do so,

however. California could therefore

issue a driver who did not meet the

standards of section 391.41 an intrastate

CDL (i.e., one valid only within the

State) which prohibited the driving of

buses or hazmat vehicles.

The California DMV further

commented that it would continue to

oppose all requests for waivers or

exemptions that did not prohibit the

driver from transporting passengers and

hazardous materials. The FMCSA stands

by its previous response to California on

this issue (see 65 FR 161, January 3,

2000). We believe it is unnecessary to

impose any further restrictions on these

drivers, since a waiver of or exemption

from 49 CFR 391.41(b)(10) expresses the

agency’s conclusion that the driver will

likely perform just as safely as a driver

who met the standard.

Notwithstanding the FMCSA’s

ongoing review of the vision standard,

as evidenced by the medical panel’s

report dated October 16, 1998, and filed

in the docket (FHWA–98–4334), the

FMCSA must comply with Rauenhorst

v. United States Department of

Transportation, Federal Highway

Administration, 95 F.3d 715 (8th Cir.

1996), and grant individual exemptions

under standards that are consistent with

public safety. Meeting those standards,

the 70 veteran drivers in this case have

demonstrated to our satisfaction that

they can continue to operate a CMV

with their current vision safely in

interstate commerce because they have

demonstrated their ability in intrastate

commerce. Accordingly, they qualify for

an exemption under 49 U.S.C. 31315

and 31136(e).

Conclusion

After considering the comments to the

docket and based upon its evaluation of

the 70 exemption applications in

accordance with the Rauenhorst

decision, the FMCSA exempts Henry

Wayne Adams, Willie F. Adams,

Fernando Aquilera, Louis Edward

Aldrige, Larry Neal Arrington, David

Ball, Delbert Ronnie Bays, Rosa C.

Beaumont, Jerry A. Bechtold, Robert F.

Berry, James A. Bright, Robert R. Buis,

David Dominick Bungori, Ronzie L.

Carroll, Richard S. Carter, Lynn A.

Childress, David R. Cox, Gerald Wade

Cox, Dempsey Leroy Crawhorn Jr.,

Thomas P. Cummings, Cedric E. Foster,

Rosalie A. Gifford, Eugene Anthony

Gitzen, Donald Grogan, Elmer Harper,

Peter L. Haubruck, Brain L. Houle,

Christopher L. Humphries, Craig C.

Irish, Donald R. Jackson, Nelson V.

Jaramillo, Daryl A. Jester, Joseph Vernon

Johns, Jimmie W. Judkins, Kurth A.

Kapke, Johnny M. Kruprzak, Charles R

Kuderer, Thomas D. Laws, Demetrio

Lozano, Wayne Mantela, Kenneth D.

May, Jimmy R. Millage, Harold J.

Mitchell, Gordon L. Nathan, Jerry L.

New, Bernice Ray Parnell, Aaron

Pennington, Clifford C. Priesmeyer,

George S Rayson, Kevin D. Reece,

Franklin Reed, Arthur A. Sappington,

James L. Schneider, Patrick W. Shea,

Carl B. Simonye, Ernie Sims, William

Smith, Paul D. Spalding, Richard Allen

Strange, Steven Carter Thomas, George

Walter Thornhill, Rick N. Ulrich, Roy F.

Varnado, Henry Lee Walker, Larry D.

Wedekind, Daniel Wilson, Emmett E.

Windhorst, Wonda Lue Wooten,

Thomas Long, and Gary Bryan from the

vision requirement in 49 CFR

391.41(b)(10), 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 its driver qualification file,

or keep a copy in his/her driver

qualification file if he/she is selfemployed. The driver must also have a

copy of the certification when driving so

it may be presented to a duly authorized

Federal, State, or local enforcement

official.

In accordance with 49 U.S.C. 31315

and 31136(e), 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.

If the exemption is still effective at the

end of the 2-year period, the person may

apply to the FMCSA for a renewal under

procedures in effect at that time.

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

49 CFR 1.73.

Issued on: December 4, 2000.

Brian M. McLaughlin,

Director, Office of Policy Plans and

Regulations.

[FR Doc. 00–31347 Filed 12–7–00; 8:45 am]

BILLING CODE 4910–EX–P

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.

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.

77070 Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Notices

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

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

Hazardous Materials Transportation:

Status of Applications for Preemption

Determination

AGENCY: Research and Special Programs

Administration (RSPA), DOT.

ACTION: Notice Regarding Preemption

Determinations Delayed Beyond 180

Days.

SUMMARY: This notice advises interested

parties that RSPA’s Office of the Chief

Counsel maintains (on its internet

website and in paper form) a chart

showing the current status of each

administrative proceeding on

applications for a determination that

Federal hazardous material

transportation law preempts

requirements of States, political

subdivisions of States, or Indian tribes.

When a decision has not been issued

within 180 days after publication of a

notice of the application in the Federal

Register, this chart includes the reasons

why the decision is delayed and an

estimate of the additional time

necessary before the decision will be