[Federal Register Volume 63, Number 106 (Wednesday, June 3, 1998)]
[Notices]
[Pages 30285-30287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14677]


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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.

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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 self-addressed, 
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: <a href="http://www.nara.gov/nara/
fedreg">http://www.nara.gov/nara/
fedreg</a> and the Government Printing Office's database at: <a href="http://
www.access.gpo.gov/su__docs">http://
www.access.gpo.gov/su__docs</a>.

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

[[Page 30286]]

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

[[Page 30287]]

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]
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