Federal Register / Vol. 63, No. 106 /Wednesday, June 3, 1998 / Notices 30285

continuous parallel arterial routes and

available arterial/intersection capacity,

absence of alternatives other than

single-occupant-vehicle travel (HOV

lanes or transit services), and lack of a

major program of Transportation System

Management (TSM) strategies.

Alternatives under consideration

include (1) take no action; (2)

implementation of TSM/Expanded Bus

Service; (3) construction of a fixed

guideway from the MTA Blue Line in

Long Beach to the Santa Ana

Transportation Center; (4) construction

of an additional general purpose lane in

each direction on SR–22 between SR–55

and I–405 and construction of a general

purpose limited access arterial on the

former Pacific Electric right-of-way; (5)

construction of an HOV lane in each

direction on SR–22 between SR–55 and

I–405, and (6) construction of HOV

lanes on SR–22, a four-lane HOV section

on I–405 between SR–22 and I–605,

development of the Pacific Electric

right-of-way as a general purpose

arterial including direct connector

ramps with SR–22, and construction of

HOV connectors at the SR–22/SR–55

interchange, the I–5/SR–22 interchange,

the SR–22/I–405 interchange, and the I–

405/I–605 interchange.

Letters describing the proposed action

and soliciting comments are being sent

to appropriate federal, state, and local

agencies, and to private organizations

and citizens who have previously

expressed or are known to have interest

in this proposal. Letters were sent

February 25, 1998, to the resource/

regulatory agencies seeking their input

as cooperating agencies. A public and

agency scoping meeting will take place

on June 23, 1998, from 3:30 p.m. to 7:00

p.m. in Garden Grove at the Garden

Grove Community Center, 11300

Stanford Avenue. A public hearing will

be held in the Spring of 1999 and a

public notice will be given of the time

and place of the hearing. The draft EIS

will be available for public and agency

review and comment prior to the public

hearing.

To ensure that the full range of issues

related to this proposed action are

addressed and all significant issues

identified, comments and suggestions

are invited from all interested parties.

Comments or questions concerning this

proposed action and the EIS should be

directed to the FHWA at the address

provided above.

(Catalog of Federal Domestic Assistance

Program Number 20.205, Highway Planning

and Construction. The regulations

implementing Executive Order 12372

regarding intergovernmental consultation on

federal programs and activities apply to this

program)

Issued: May 7, 1998.

C. Glenn Clinton,

Chief, District Operations—South

Sacramento, California.

[FR Doc. 98–14625 Filed 6–2–98; 8:45 am]

BILLING CODE 4910–22–M

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[FHWA Docket No. FHWA–98–3637]

Qualification of Drivers; Waiver

Applications; Vision

AGENCY: Federal Highway

Administration (FHWA), DOT.

ACTION: Notice of petitions and intent to

grant applications for waiver; request for

comments.

SUMMARY: This notice announces the

FHWA’s preliminary determination to

grant the applications of twelve

individuals for a waiver of the vision

requirements in the Federal Motor

Carrier Safety Regulations. Granting the

waivers will enable these persons to

qualify as drivers of commercial motor

vehicles in interstate commerce without

meeting the vision standard prescribed

in 49 CFR 391.41(b)(10).

DATES: Comments must be received on

or before July 6, 1998.

ADDRESSES: Your written, signed

comments must refer to the docket

number at the top of this document, and

you must submit the comments to the

Docket Clerk, U.S. DOT Dockets, Room

PL–401, 400 Seventh Street, SW.,

Washington, DC 20590–0001. All

comments will be available for

examination at the above address

between 10 a.m. and 5 p.m., e.t.,

Monday through Friday, except Federal

holidays. Those desiring notification of

receipt of comments must include a selfaddressed, stamped envelope or

postcard.

FOR FURTHER INFORMATION CONTACT: Mr.

Michael Thomas, Office of Motor Carrier

Research and Standards, (202) 366–

8786, or Ms. Judith Rutledge, Office of

the Chief Counsel, (202) 366–0834,

Federal Highway Administration,

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

Internet users can access all

comments received by the U.S. DOT

Dockets, Room PL–401, by using the

universal resource locator (URL): http:/

/dms.dot.gov. It is available 24 hours

each day, 365 days each year. Please

follow the instructions online for more

information and help.

An electronic copy of this document

may be downloaded using a modem and

suitable communications software from

the Federal Register Electronic Bulletin

Board Service at (202) 512–1661.

Internet users may reach the Federal

Register’s home page at: http://

www.nara.gov/nara/fedreg and the

Government Printing Office’s database

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

Background

Twelve individuals have requested a

waiver of the vision requirement in 49

CFR 391.41(b)(10), which applies to

drivers of commercial motor vehicles in

interstate commerce. Under 49 U.S.C.

31136(e), the FHWA may waive

application of the vision standard if the

agency determines the waiver is

consistent with the public interest and

the safe operation of commercial motor

vehicles.

The FHWA has evaluated each

request on its merits, as required by the

decision in Rauenhorst v. United States

Department of Transportation, Federal

Highway Administration, 95 F.3d 715

(8th Cir. 1996), and made a preliminary

determination that granting the waivers

is consistent with the public interest

and the safe operation of commercial

motor vehicles.

Qualifications of Applicants

1. Larry A. Dahleen

Mr. Dahleen is a 48-year-old

individual who contracted a retinal

disease in his right eye at the age of 5.

The disease decreased Mr. Dahleen’s

visual acuity in the eye and prevents

him from meeting the vision

requirement of 49 CFR 391.41(b)(10).

A 1997 letter from an optometrist

states Mr. Dahleen has light perception

in his right eye and 20/15 vision in his

left eye. In the optometrist’s opinion,

Mr. Dahleen can perform the tasks

necessary to operate a commercial

motor vehicle. Because the retinal

disease occurred in 1954, Mr. Dahleen

has had almost 44 years to adapt to his

vision deficiency. His driving

experience and record demonstrate he

has adapted successfully.

Mr. Dahleen holds an Iowa

commercial driver’s license with a

hazardous materials endorsement. He

has operated tractor-trailer combination

vehicles for 11 years and has driven

more than 1,250,000 miles since 1987.

His driving record contains no traffic

violations and no accidents. He has

been employed by the same company
30286 Federal Register / Vol. 63, No. 106 /Wednesday, June 3, 1998 / Notices

since 1988 and the company, Heartland

Express, says it has given Mr. Dahleen

‘‘safety bonuses and safety awards’’

since 1989 for his driving performance.

2. Earl D. Edland

Mr. Edland is 53 years old and has

been employed as a commercial truck

driver for 35 years. In 1975, he

sustained a retinal detachment in his

right eye. This condition prevents him

from meeting the vision requirement of

49 CFR 391.41(b)(10), and it renders

him unqualified as a driver of

commercial motor vehicles in interstate

commerce unless the standard is

waived.

A 1997 medical report indicates Mr.

Edland has no light perception in his

right eye. He has 20/20 vision in his left

eye with corrective lenses. In his

ophthalmologist’s opinion, Mr. Edland

is capable of operating a commercial

motor vehicle. Because the retinal

detachment occurred in 1975, Mr.

Edland has had almost 23 years to adapt

his driving skills to accommodate his

vision deficiency. His safe driving

record demonstrates he has adapted

successfully.

Mr. Edland holds a Minnesota

commercial driver’s license and

intrastate vision waiver. He has driven

commercial motor vehicles more than 1

million miles since 1963. His driving

record for the last 6 years in all vehicles

reflects one speeding ticket and no

accidents. He has been employed by the

same company since 1993 and prior to

that was a driver for another company

for more than 25 years until it filed for

bankruptcy.

3. Dale Hellmann

Mr. Hellmann has been employed as

a commercial truck driver for 37 years.

He has had a congenital irregularity

called amblyopia in his left eye since

birth. Because of this eye condition, Mr.

Hellmann is unable to meet the vision

requirement of 49 CFR 391.41(b)(10).

A 1997 medical report indicates Mr.

Hellmann has light perception in his left

eye and 20/30 vision in his right eye

with corrective lenses. His optometrist

states Mr. Hellmann has the skills to

operate a commercial motor vehicle.

Having had amblyopia since birth

(1941), he has had a lifetime to adapt to

it.

He has driven straight trucks

approximately 1.3 million miles since

1963. His driving record for the 3 years

preceding his waiver application

reflects no traffic violations and no

accidents. Mr. Hellmann operates a

commercial motor vehicle for a towing

company. He has been employed by the

towing company since 1986 and intends

to continue driving for it if his waiver

is granted. His employer states Mr.

Hellmann’s driving record ‘‘[has] been

exemplary.’’

4. Dan E. Hillier

Mr. Hillier, 35, has had amblyopia of

the right eye since birth and cannot

meet the Federal vision standard. A

1997 examination by an optometrist

revealed the vision in his left eye to be

20/20 with corrective lenses. The

optometrist stated Mr. Hillier can

perform ‘‘all visual tasks required’’ to

operate commercial motor vehicles.

Mr. Hillier has a Minnesota

commercial driver’s license with a

hazardous materials endorsement. He

has driven many types of commercial

motor vehicles in his 7-year professional

driving career, including straight trucks,

tractor-trailer combinations, and buses.

His official State driving record reflects

no traffic violations or accidents in any

commercial vehicle in the last 3 years.

5. Robert J. Johnson

Mr. Johnson is a 36-year-old

individual who has had amblyopia of

the right eye since birth. He has 20/20

vision in his left eye with corrective

lenses. An ophthalmologist examined

him in December 1997 and asserted Mr.

Johnson ‘‘can safely drive a vehicle of

any type . . . both day and night . . . .’’

Mr. Johnson has 13 years of

experience operating straight trucks and

tractor-trailer combinations. He holds a

Minnesota commercial driver’s license

with an intrastate waiver and has driven

more than 1 million miles in

commercial vehicles. He has no traffic

citations or accidents on his official

driving record in the last 3 years. Mr.

Johnson’s employer affirms he has

driven trucks ‘‘in a safe, professional

manner’’ since his 1994 hiring.

6. Bruce T. Loughary

Mr. Loughary’s right eye has a

macular scar which makes him unable

to meet the Federal vision standard. His

ophthalmologist says the scar has been

present since Mr. Loughary, now 35,

was about 6 years old. The vision in his

left eye is 20/20 with corrective lenses,

and the ophthalmologist believes he is

able to operate a commercial motor

vehicle.

Mr. Loughary has a commercial

driver’s license with hazardous

materials and tank vehicle

endorsements. He has been a

professional truck driver for 16 years

and has driven straight trucks and

combination vehicles. There are no

traffic violations or accidents in

commercial motor vehicles on his

official driving record. Mr. Loughary has

been employed by a delivery service

since 1991 and intends to continue

driving for it if he receives a vision

waiver.

7. Michael L. Manning

Mr. Manning, 31, had an accident

when he was 16 which left him blind in

his right eye. The vision in his left eye

is 20/20 with glasses. His optometrist

states Mr. Manning is able to perform

the duties of a commercial motor

vehicle driver.

Mr. Manning holds a Missouri

commercial driver’s license. He has

operated tractor-trailer combinations for

7 years and has accumulated more than

900,000 miles behind the wheel. His

official driving record for the last 3

years reveals no accidents and one

speeding ticket in a commercial motor

vehicle. Mr. Manning’s two most recent

employers wrote letters affirming his

‘‘excellent’’ driving performance.

8. Leo L. McMurray

Mr. McMurray is 56 years old and has

had amblyopia of the left eye since early

childhood. He has 20/20 vision in his

right eye with corrective lenses. His

optometrist recommends he ‘‘be allowed

[to] continue his job as a truck driver.’’

Mr. McMurray has driven straight

trucks for 34 years. He has no traffic

violations or accidents in a commercial

motor vehicle on his official State

driving record. Like the other waiver

applicants, Mr. McMurray has had

many years to adjust to his vision

deficiency. His safe driving record

indicates he has adjusted successfully.

9. Gerald Rietmann

Mr. Rietmann, 55, has had amblyopia

of the right eye since birth. His left eye

was measured at 20/20 with corrective

lenses in a September 1997

examination, and the ophthalmologist

asserts Mr. Rietmann ‘‘can more than

adequately perform’’ the tasks required

to operate a commercial motor vehicle.

Gerald Rietmann has a Minnesota

commercial driver’s license and a

Minnesota intrastate vision waiver. He

has operated straight trucks for 22 years

and has driven more than 900,000

miles. His driving record contains no

traffic violations or accidents in a

commercial motor vehicle in the last 3

years. Mr. Rietmann has been employed

as a delivery driver by the same

company for the past 20 years, and its

traffic manager calls him a ‘‘valued

employee’’ who has driven in an

‘‘exemplary fashion with no incidents.’’

10. Jimmy E. Settle

Mr. Settle has had amblyopia of the

right eye since birth. His vision in the
Federal Register / Vol. 63, No. 106 /Wednesday, June 3, 1998 / Notices 30287

1The Board will grant a stay if an informed

decision on environmental issues (whether raised

by a party or by the Board’s Section of

Environmental Analysis in its independent

investigation) cannot be made before the

exemption’s effective date. See Exemption of Outof-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any

request for a stay should be filed as soon as possible

so that the Board may take appropriate action before

the exemption’s effective date.

2Each offer of financial assistance must be

accompanied by the filing fee, which currently is

set at $1000. See 49 CFR 1002.2(f)(25).

eye with corrective lenses is 20/50,

according to a December 1997

examination, but this is not sufficient to

meet the vision standard at 49 CFR

391.41(b)(10). His left eye is correctable

to 20/20. According to his optometrist,

Mr. Settle can perform the tasks

associated with driving a commercial

motor vehicle.

Mr. Settle is 47 years old; he has

operated tractor-trailer combinations for

23 years and driven more than 2.5

million miles. He has worked for the

same company all those years. He has

had no traffic violations or accidents in

a commercial motor vehicle in the last

3 years.

11. Robert A. Wagner

Mr. Wagner, 34, was diagnosed with

amblyopia of the right eye when he was

4 years old. The vision in his left eye is

20/20 without glasses. His optometrist

says Mr. Wagner is able to perform the

tasks associated with operating a

commercial motor vehicle.

Mr. Wagner has driven straight trucks,

tractor-trailer combinations and buses

more than 1.2 million miles in an 18-

year driving career. He has a Missouri

commercial driver’s license and his

official State driving record contains no

traffic violations or accidents in a

commercial motor vehicle. He has

operated a combination vehicle for the

same company since 1990.

12. Hubert Whittenburg

Mr. Whittenburg, 51, has had

amblyopia in his left eye since birth. A

1997 medical report indicates he has 20/

20 vision in his right eye with corrective

lenses and 20/100 corrected in his left

eye. In his ophthalmologist’s opinion,

Mr. Whittenburg is capable of operating

a commercial motor vehicle.

Mr. Whittenburg holds a Missouri

commercial driver’s license and has

been employed as a commercial truck

driver since 1967. He has driven straight

trucks approximately 500,000 miles and

tractor-trailer combinations 3.5 million

miles. His driving record for the last 3

years reflects one speeding ticket in a

commercial motor vehicle and no

accidents in any vehicle. Mr.

Whittenburg has been employed by the

same company since 1983, and his

employer attests to his driving safety.

Basis for Preliminary Determination To

Grant Waivers

Independent studies support the

principle that past driving performance

is a reliable indicator of an individual’s

future safety record. The studies are

filed in FHWA Docket No. FHWA–97–

2625 and discussed at 63 FR 1524, 1525

(January 9, 1998). All twelve waiver

applicants have many years of

experience operating commercial motor

vehicles with their vision deficiency

and have demonstrated their ability to

drive safely.

The FHWA believes waiving 49 CFR

391.41(b)(10) is consistent with the

public interest and the safe operation of

commercial motor vehicles as long as

the applicants’ vision continues to

measure at least 20/40 (Snellen) in the

better eye. As a stipulation of the

waiver, therefore, the FHWA proposes

to impose requirements on these

individuals consistent with the

grandfathering provisions applied to

drivers who participated in the agency’s

former vision waiver program.

Those requirements are found at 49

CFR 391.64(b) and include the

following: (1) that each individual be

physically examined every year (a) by

an ophthalmologist or optometrist who

attests his vision continues to measure

at least 20/40 (Snellen) in the better eye,

and (b) by a medical examiner who

attests he 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 his employer for retention in its

driver qualification file or keep a copy

in his driver qualification file if he

becomes self-employed. He 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.

Authority: 49 U.S.C. 31136; 23 U.S.C. 315;

49 CFR 1.48.

Issued: May 26, 1998.

Kenneth R. Wykle,

Federal Highway Administrator.

[FR Doc. 98–14677 Filed 6–2–98; 8:45 am]

BILLING CODE 4910–22–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB–32 (Sub–No. 84X)]

Boston and Maine Corp.—

Abandonment Exemption—in New

Haven County, CT

Boston & Maine Corporation (B&M)

has filed a notice of exemption under 49

CFR part 1152 subpart F—Exempt

Abandonments and Discontinuances to

abandon an approximately 0.48-mile

line of railroad on the Watertown

Industrial Track between Engineering

Station 19+50 (approximately milepost

0.94) and Engineering Station 44+66

(approximately milepost 1.42) in

Waterbury, New Haven County, CT. The

line traverses United States Postal

Service Zip code 06701.

B&M has certified that: (1) No local

traffic has moved over the line for at

least 2 years; (2) any overhead traffic has

been rerouted over other lines; (3) no

formal complaint filed by a user of rail

service on the line (or by a state or local

government entity acting on behalf of

such user) regarding cessation of service

over the line either is pending with the

Surface Transportation Board (Board) or

with any U.S. District Court or has been

decided in favor of complainant within

the 2-year period; and (4) the

requirements at 49 CFR 1105.7

(environmental reports), 49 CFR 1105.8

(historic reports), 49 CFR 1105.11

(transmittal letter), 49 CFR 1105.12

(newspaper publication), and 49 CFR

1152.50(d)(1) (notice to governmental

agencies) have been met.

As a condition to this exemption, any

employee adversely affected by the

abandonment shall be protected under

Oregon Short Line R. Co.—

Abandonment—Goshen, 360 I.C.C. 91

(1979). To address whether this

condition adequately protects affected

employees, a petition for partial

revocation under 49 U.S.C. 10502(d)

must be filed. Provided no formal

expression of intent to file an offer of

financial assistance (OFA) has been

received, this exemption will be

effective on July 3, 1998, unless stayed

pending reconsideration. Petitions to

stay that do not involve environmental

issues,1 formal expressions of intent to

file an OFA under 49 CFR

1152.27(c)(2),2 and trail use/rail banking

requests under 49 CFR 1152.29 must be

filed by June 15, 1998. Petitions to

reopen or requests for public use

conditions under 49 CFR 1152.28 must

be filed by June 23, 1998, with: Surface

Transportation Board, Office of the

Secretary, Case Control Unit, 1925 K

Street, NW., Washington, DC 20423.

A copy of any petition filed with the

Board should be sent to applicant’s

representative: John R. Nadolny, Esq.,

Boston and Maine Corporation, Law