Federal Register / Vol. 65, No. 214 / Friday, November 3, 2000 / Notices 66293

commercial vehicle.’’ Mr. Viscaya stated

that he has driven tractor-trailer

combination vehicles for 41⁄2 years,

accumulating 567,000 miles. He holds a

Class A CDL from North Carolina and

has had no accidents or convictions for

moving violations in a CMV for the last

3 years, according to his driving record.

63. Michael P. Walsh

Mr. Walsh, 41, is amblyopic in his

right eye. His visual acuity with

correction is 20/20 in the left eye and

20/200 in the right. He was examined in

2000, and his optometrist certified, ‘‘In

my opinion the patient has sufficient

vision to perform the driving tasks

required to operate a commercial

vehicle.’’ Mr. Walsh submitted that he

has operated straight trucks for 20 years

and 1 million miles, and tractor-trailer

combinations for 10 years and 520,000

miles. He holds a Class A XT CDL from

Michigan. His driving record for the last

3 years shows no convictions for

moving violations and one accident in

a CMV. He was not charged in the

accident. According to the accident

report, the other driver crossed the

middle double lines on a curve and

struck Mr. Walsh’s vehicle.

64. Jerry L. Whitefield

Mr. Whitefield, 49, has amblyopia in

his left eye. The best-corrected vision in

his right eye is 20/15, and in his left eye,

20/70. Following an examination in

2000, his optometrist stated, ‘‘I will

certify that his right eye has sufficient

vision to perform the driving tasks

required to operate a commercial

vehicle.’’ Mr. Whitefield submitted that

he has operated tractor-trailer

combination vehicles for 29 years,

accumulating 2.9 million miles, and

straight trucks for 4 years, accumulating

200,000 miles. He holds a Class A CDL

from Oklahoma, and his driving record

for the last 3 years contains no accidents

or convictions for moving violations in

a CMV.

65. Robert E. Wientjes

Mr. Wientjes, 59, has best-corrected

vision in the right eye of 20/20 and the

left eye 20/400. His left eye has had a

central corneal scar since 1985.

Following a 2000 examination, his

ophthalmologist stated, ‘‘As Mr.

Wientjes’’ vision has not changed in a

number of years, I feel he has sufficient

vision to operate a commercial vehicle,

which he has done up until now.’’ Mr.

Wientjes reported that he has driven

tractor-trailer combination vehicles for

30 years and a total of 1.1 million miles.

He holds a Kentucky Class DA CDL. His

driving record for the last 3 years shows

no accidents or convictions for moving

violations in a CMV.

Request for Comments

In accordance with 49 U.S.C. 31315

and 31136(e), the FMCSA is requesting

public comment from all interested

persons on the exemption petitions and

the matters discussed in this notice. All

comments received before the close of

business on the closing date indicated

above will be considered and will be

available for examination in the docket

room at the above address. Comments

received after the closing date will be

filed in the docket and will be

considered to the extent practicable, but

the FMCSA may publish in the Federal

Register a notice of final determination

at any time after the close of the

comment period. In addition to late

comments, the FMCSA will also

continue to file in the docket relevant

information which becomes available

after the closing date. 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: October 30, 2000.

Clyde J. Hart, Jr.,

Acting Deputy Administrator, Federal Motor

Carrier Safety Administration.

[FR Doc. 00–28204 Filed 11–2–00; 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 nine

individuals.

DATES: This decision is effective

November 9, 2000. Comments from

interested persons should be submitted

by December 4, 2000.

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. 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. Acceptable

formats include: MS Word (versions 95

to 97), MS Word for Mac (versions 6 to

8), Rich Text File (RTF), American

Standard Code Information Interchange

(ASCII)(TXT), Portable Document

Format (PDF), and WordPerfect

(versions 7 to 8). The DMS is available

24 hours each day, 365 days each year.

Electronic submission and retrieval help

and guidelines are available under the

help section of the web site.

An electronic copy of this document

may also be downloaded by using a

computer, modem and suitable

communications software from the

Government Printing Office’s Electronic

Bulletin Board Service at (202) 512–

1661. Internet users may also reach the

Office of the Federal Register’s home

page at: http://www.nara.gov/fedreg and

the Government Printing Office’s

database at: http://www.access.gpo.gov/

nara.

Background

Nine 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 Larry A.

Dahleen, Earl D. Edland, Dale H.

Hellman, Danny E. Hillier, Robert J.

Johnson, Michael L. Manning, Gerald R.

Rietmann, Jimmy E. Settle, and Hubert

Whittenburg. Under 49 U.S.C. 31315

and 31136(e), the FMCSA may grant an

exemption for a renewable 2-year period

66294 Federal Register / Vol. 65, No. 214 / Friday, November 3, 2000 / Notices

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 nine 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 nine

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 were 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 nine applicants has satisfied the

entry conditions for obtaining an

exemption from the vision requirements

(63 FR 30285; 63 FR 54519) and each

has requested timely renewal of the

exemption. These nine 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.

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 Larry

A. Dahleen, Earl D. Edland, Dale H.

Hellman, Danny E. Hillier, Robert J.

Johnson, Michael L. Manning, Gerald R.

Rietmann, Jimmy E. Settle, and Hubert

Whittenburg, 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 nine 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 December 4, 2000. 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: October 30, 2000.

Clyde J. Hart, Jr.,

Acting Deputy Administrator, Federal Motor

Carrier Safety Administration.

[FR Doc. 00–28205 Filed 11–2–00; 8:45 am]

BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Proposed Agency Information

Collection Activities; Comment

Request

AGENCY: Federal Railroad

Administration, DOT.

ACTION: Notice.

SUMMARY: In accordance with the

Paperwork Reduction Act of 1995 and

its implementing regulations, the

Federal Railroad Administration (FRA)

hereby announces that it is seeking

renewal of the following currently

approved information collection

activities. Before submitting these

information collection requirements for

clearance by the Office of Management

and Budget (OMB), FRA is soliciting

public comment on specific aspects of

the activities identified below.

DATES: Comments must be received no

later than January 2, 2001.

ADDRESSES: Submit written comments

on any or all of the following proposed

activities by mail to either: Mr. Robert

Brogan, Office of Safety, Planning and

Evaluation Division, RRS–21, Federal

Railroad Administration, 1120 Vermont