[Federal Register: July 25, 2005 (Volume 70, Number 141)]
[Notices]
[Page 42615-42616]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25jy05-80]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket Nos. FMCSA-2000-7363, FMCSA-2003-14504, FMCSA-2003-15268]
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 decision to renew the
exemptions from the vision requirement in the Federal Motor Carrier
Safety Regulations for 27 individuals. The FMCSA has statutory
authority to exempt individuals from vision standards if the exemptions
granted will not compromise safety. The agency has concluded that
granting these exemptions will provide a level of safety that will be
equivalent to, or greater than, the level of safety maintained without
the exemptions for these commercial motor vehicle (CMV) drivers.
DATES: This decision is effective August 15, 2005. Comments from
interested persons should be submitted by August 24, 2005.
ADDRESSES: You may submit comments identified by DOT DMS Docket Numbers
FMCSA-2000-7363, FMCSA-2003-14504, and FMCSA-2003-15268 by any of the
following methods:
Web Site: http://dms.dot.gov. Follow the instructions for
submitting comments on the DOT electronic docket site.
Fax: 1-202-493-2251.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-0001.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Instructions: All submissions must include the agency name and
docket numbers for this notice. For detailed instructions on submitting
comments and additional information on the rulemaking process, see the
Public Participation heading of the Supplementary Information section
of this document. Note that all comments received will be posted
without change to http://dms.dot.gov, including any personal
information provided. Please see the Privacy Act heading under
Regulatory Notices.
Docket: For access to the docket to read background documents or
comments received, go to http://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Office of Bus and
Truck Standards and Operations, (202) 366-4001, FMCSA, Department of
Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001.
Office hours are from 8 a.m. to 5 p.m., e.t., Monday through Friday,
except Federal holidays.
SUPPLEMENTARY INFORMATION: Public Participation: The DMS is available
24 hours each day, 365 days each year. You can get electronic
submission and retrieval help guidelines under the ``help'' section of
the DMS Web site. If you want us to notify you that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
Privacy Act: 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.
Exemption Decision
Under 49 U.S.C. 31315 and 31136(e), the FMCSA may renew an
exemption from the vision requirements in 49 CFR 391.41(b)(10), which
applies to drivers of CMVs in interstate commerce, for a two-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 requesting an
exemption (including renewals) are set out in 49 CFR part 381. This
notice addresses 27 individuals who have requested renewal of their
exemptions in a timely manner. The FMCSA has evaluated these 27
applications for renewal on their merits and decided to extend each
exemption for a renewable two-year period. They are:
Morris R. Beebe II, William V. Beekler, Jerry W. Branning, Leslie
W. Good, Bruce E. Hemmer, Steven P. Holden, Warren J. Nyland, Dennis M.
Prevas, Terry B. Pritchett, James. A. Busbin, Jr., Domenic J. Carassai,
John F. Dougherty, Fred W. Duran, William R. Evridge, Kenneth J. Fisk,
Russell R. Inlow, Christopher G. Jarvela, Joseph V. Johns, Darrell D.
Kropf, Brad L. Mathna, Vincent P. Miller, Greg L. Riles, Steven R.
Smith, Calvin D. Tomlinson, Mona J. Van Krieken, John W. Williams, Paul
S. Yocum.
These exemptions are extended subject to the following conditions:
(1) That each individual have a physical examination 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
[[Page 42616]]
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 two 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 two years from its approval date and may be renewed upon
application for additional two-year periods. In accordance with 49
U.S.C. 31315 and 31136(e), each of the 27 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (65 FR 45817; 65 FR 77066; 68 FR 10300; 68 FR 19598; 68 FR
33570; 68 FR 37197; 68 FR 48989). Each of these 27 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 two
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 each
renewal applicant for a period of two years is likely to achieve a
level of safety equal to that existing without the exemption.
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 August 24, 2005.
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 69 FR
51346 (August 18, 2004). The FMCSA continues to find its exemption
process appropriate to the statutory and regulatory requirements.
Issued on: July 19, 2005.
Pamela M. Pelcovits,
Office Director, Policy, Plans, and Regulations.
[FR Doc. 05-14592 Filed 7-22-05; 8:45 am]
BILLING CODE 4910-EX-U