[Federal Register Volume 62, Number 127 (Wednesday, July 2, 1997)]
[Notices]
[Page 35881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17233]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[FHWA Docket No. FHWA-97-2625]
Qualification of Drivers; Waiver Application; Vision
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice of petition and intent to grant application for waiver;
request for comments.
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SUMMARY: This notice announces the FHWA's preliminary determination to
grant the application of David R. Rauenhorst for a waiver of the vision
requirements contained in the Federal Motor Carrier Safety Regulations
(FMCSR). Granting the waiver will enable Mr. Rauenhorst to qualify as a
driver 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 August 1, 1997.
ADDRESSES: Submit written, signed comments to the docket number that
appears in the heading of this document to the Docket Clerk, U.S. DOT
Dockets, Room PL-401, 400 Seventh Street, SW., Washington, DC 20590-
0001. All comments received will be available for examination at the
above address between 10 a.m. to 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: Ms. Sandra Zywokarte, Office of Motor
Carrier Research and Standards, (202) 366-1790, or Ms. Judy Rutledge,
Office of 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: David R. Rauenhorst has applied for 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
to Mr. Rauenhorst if the agency determines that the waiver is
consistent with the public interest and the safe operation of
commercial motor vehicles. Accordingly, the FHWA has evaluated Mr.
Rauenhorst's application 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 waiver is consistent with
the public interest and the safe operation of commercial motor
vehicles.
Mr. Rauenhorst has been self-employed as a commercial truck driver
since 1974. In 1976, a non-driving accident caused him to sustain a
retinal detachment in his right eye. This eye condition prevents Mr.
Rauenhorst from meeting the vision requirement of 49 CFR 391.41(b)(10)
and, thus, renders him unqualified as a driver of commercial motor
vehicles in interstate commerce unless application of the vision
standard is waived.
Medical reports for 1995, 1996, and 1997, indicate that Mr.
Rauenhorst's eye condition is non-degenerative and that the vision in
the right eye is stable and will not worsen. He has 20/20 corrected
vision in his left eye, and, in his doctor's opinion, can safely
operate a motor vehicle. Because the retinal detachment occurred in
1976, Mr. Rauenhorst has had 21 years to adapt his driving skills to
accommodate his vision deficiency. His driving experience and record
demonstrate that he has successfully made this adaptation.
Mr. Rauenhorst has driven tractor-trailer combinations more than 2
million miles since 1974. In the last 10 years, he has driven
approximately 1 million miles without an accident. Furthermore, his
driving record for the last 3 years reflects no traffic violations and
no accidents. He obtained his first commercial operator's license in
1973 and currently holds a commercial driver's license (CDL) that was
issued by the State of Minnesota in 1995 and is valid until 1999.
During this lengthy driving career, his license to drive has never been
suspended or revoked.
Driving with his eye condition for 21 years, Mr. Rauenhorst has
established a safe driving record that is persuasive evidence that he
has adapted his driving skills to accommodate his vision deficiency.
Accordingly, the FHWA believes that waiving application of 49 CFR
391.41(b)(10) is consistent with the public interest and the safe
operation of commercial motor vehicles, as long as Mr. Rauenhorst's
vision does not deteriorate. As a condition of the waiver, therefore,
the FHWA proposes to impose requirements that are consistent with the
grandfathering provisions applied to drivers who participated in the
vision waiver study program. Those requirements are found at 49 CFR
391.64(b) and include the following conditions: (1) That Mr. Rauenhorst
be physically examined every year, including an examination by an
ophthalmologist or optometrist, attesting to the fact that (a) he is
otherwise physically qualified under 49 CFR 391.41 and (b) his vision
continues to measure at least 20/40 (Snellen) in the better eye; (2)
that he provide a copy of the ophthalmologist or optometrist report to
the medical examiner at the time of the annual medical examination; and
(3) that he keep a copy of the annual medical certification in his
driver qualification file as long as he is self-employed or provide a
copy to his employer for retention in the driver's qualification file,
and retain a copy of the certification on his person while driving for
presentation 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 on: June 24, 1997
Jane F. Garvey,
Acting Administrator for the Federal Highway Administration.
[FR Doc. 97-17233 Filed 7-1-97; 8:45 am]
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