Federal Register / Vol. 66, No. 248 / Thursday, December 27, 2001 / Notices 66969

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety

Administration

[Docket Nos. FMCSA–99–5748 and FMCSA–

99–6156 (formerly OMCS–99–5748 and

OMCS–99–6156)]

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 14

individuals.

DATES: This decision is effective January

3, 2002. Comments from interested

persons should be submitted by January

28, 2002.

ADDRESSES: Mail or hand 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. All comments

received will be available for

examination and copying at the above

address from 9 a.m. to 5 p.m., e.t.,

Monday through Friday, except Federal

holidays. Those desiring notification of

receipt of comments must include a selfaddressed, stamped postcard or you

may 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. 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://dmses.dot.gov/

submit.

Background

Fourteen 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 Woodrow

E. Bohley, Kenneth E. Bross, Charlie F.

Cook, Russell W. Foster, Curtis N.

Fulbright, Vincent I. Johnson, Richard L.

Loeffelholz, Herman C. Mash, Frank T.

Miller, Charles E. O’Dell, Martin

Postma, Robert G. Rascicot, Jon H.

Wurtele, and Walter M. Yohn, Jr. 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 14

petitions for renewal on their merits and

decided to extend each exemption for a

renewable 2-year period.

On January 3, 2000, the agency

published a notice of final disposition

announcing its decision to exempt 40

individuals, including 11 of these

applicants for renewal, from the vision

requirement in 49 CFR 391.41(b)(10) (65

FR 159). The qualifications, experience,

and medical condition of each applicant

were stated and discussed in detail at 64

FR 54948 (October 8, 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 159). On

November 30, 1999, the agency

published a notice of final disposition

announcing its decision to exempt 33

individuals, including 3 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

the 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 petition (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 an

additional 2-year period. In accordance

with 49 U.S.C. 31315 and 31136(e), each

of the 14 applicants has satisfied the

entry conditions for obtaining an

exemption from the vision requirements

(63 FR 30285; 63 FR 54519; 63 FR

66226; 64 FR 16517), and each has

requested timely renewal of the

exemption. These 14 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, 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.

Discussion of Comments

The Advocates for Highway and Auto

Safety (AHAS) expresses continued

opposition to the FMCSA’s procedures

for renewing exemptions from the

vision requirement in 49 CFR

391.41(b)(10). Specifically, the AHAS

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 the AHAS were

addressed at length in 66 FR 17994

(April 4, 2001). We will not address

66970 Federal Register / Vol. 66, No. 248 / Thursday, December 27, 2001 / Notices

these points again here, but refer

interested parties to that earlier

discussion.

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

Woodrow E. Bohley, Kenneth E. Bross,

Charlie F. Cook, Russell W. Foster,

Curtis N. Fulbright, Vincent I. Johnson,

Richard L. Loeffelholz, Herman C.

Mash, Frank T. Miller, Charles E.

O’Dell, Martin Postma, Robert G.

Rascicot, Jon H. Wurtele, and Walter M.

Yohn, Jr., 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

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).

Request for Comments

The FMCSA has evaluated the

qualifications and driving performance

of the 14 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, the

FMCSA requests that interested parties

with information concerning the safety

records of these drivers submit

comments by January 28, 2002. All

comments will be considered and will

be available for examination in the

docket room at the above address. The

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.

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

and 49 CFR 1.73.

Issued on: December 19, 2001.

Brian M. McLaughlin,

Associate Administrator, Policy and Program

Development.

[FR Doc. 01–31775 Filed 12–26–01; 8:45 am]

BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety

Administration

[DOT Docket No. FMCSA–99–5867]

Parts and Accessories Necessary for

Safe Operation; Renewal of Fuel Tank

Exemptions for Vehicles Manufactured

by the Ford Motor Company

AGENCY: Federal Motor Carrier Safety

Administration (FMCSA), DOT.

ACTION: Grant of applications for

exemptions.

SUMMARY: The FMCSA is granting the

application from the Ford Motor

Company (Ford) for a renewal of

exemptions for the vehicles specified at

the end of this notice from certain fuel

tank design and certification labeling

requirements in the Federal Motor

Carrier Safety Regulations (FMCSRs).

The exemptions enable motor carriers to

operate commercial motor vehicles

(CMVs) manufactured by Ford, and

equipped with fuel tanks that do not

meet the FMCSA’s requirements that

fuel tanks be capable of receiving fuel at

a rate of at least 20 gallons per minute,

and be labeled or marked by the

manufacturer to certify compliance with

the design criteria. The FMCSA believes

the terms and conditions of the

exemptions have ensured a level of

safety that is equivalent to the level of

safety that would be achieved by

complying with the regulations, and

that renewing the exemptions would not

adversely affect highway safety. The

exemptions continue to preempt

inconsistent State and local

requirements applicable to interstate

commerce.

DATES: The exemptions are effective on

December 27, 2001. The exemptions

expire on December 29, 2003.

FOR FURTHER INFORMATION CONTACT: Ms.

Deborah M. Freund, Office of Bus and

Truck Standards and Operations, (202)

366-4009, Federal Motor Carrier Safety

Administration, 400 Seventh Street,

SW., Washington, DC 20590–0001.

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

Internet users may access all

comments that were submitted to this

docket in response to the previous

notice by using the universal resource

locator (URL) http://dms.dot.gov, and by

requesting the docket referenced at the

beginning of this notice. You can

examine and copy this document and

all comments received at the U.S.

Department of Transportation, Dockets

Management Facility, Room PL–401,

400 Seventh Street, SW., Washington,

DC 20590–0001 from 9 a.m. to 5 p.m.

e.t., Monday through Friday, except

Federal holidays.

Background

Ford’s Applications for Exemptions

Ford applied for exemptions for the

vehicles specified at the end of this

notice from 49 CFR 393.67(c)(7)(ii),

which requires that certain fuel tank

systems on CMVs be designed to permit

a fill rate of at least 20 gallons (75.7

liters) per minute, and 49 CFR

393.67(f)(2) and (f)(3), which require

that liquid fuel tanks be marked with

the manufacturer’s name and a

certification that the tank conforms to

all applicable rules in § 393.67,

respectively.

On August 10, 1999 (64 FR 43417),

the FHWA published a notice of intent

to grant Ford’s applications. The FHWA

requested public comment on Ford’s

applications and the agency’s safety

analysis, and presented other relevant

information known to the agency. After

considering all the comments received,

the agency granted the exemptions on

December 20, 1999 (64 FR 71184). In

that notice (at 71185), the agency noted

that the 20 gallon per minute rate

referenced in the FMCSA’s regulations,

while appropriate for diesel fuelpowered vehicles, mandates that fill

pipes on gasoline-powered vehicles be

capable of receiving fuel at twice the

maximum rate gasoline pumps are

designed to dispense fuel. The vehicles

in question are gasoline-fueled and are

capable of receiving fuel at a rate of 17

gallons per minute.

The exemptions covered

§ 393.67(c)(7)(ii), Construction of liquid

fuel tanks; fill pipe, and §§ 393.67(f)(2)

and (f)(3)(ii) which require that liquid

fuel tanks be marked with the

manufacturer’s name, and a certification