[Federal Register Volume 63, Number 230 (Tuesday, December 1, 1998)]
[Notices]
[Pages 66226-66230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31927]



[[Page 66226]]

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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration
[FHWA Docket No. FHWA-98-4334]


Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of petitions and intent to grant applications for 
exemption; request for comments.

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SUMMARY: This notice announces the FHWA's preliminary determination to 
grant the applications of 24 individuals for an exemption from the 
vision requirements in the Federal Motor Carrier Safety Regulations. 
Granting the exemptions will enable these individuals to qualify as 
drivers of commercial motor vehicles (CMVs) in interstate commerce 
without meeting the vision standard prescribed in 49 CFR 391.41(b)(10).

DATES: Comments must be received on or before December 31, 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 Government Printing 
Office's Electronic Bulletin Board Service at (202) 512-1661. Internet 
users may reach 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

    Twenty-four individuals have requested a waiver of the vision 
requirement in 49 CFR 391.41(b)(10), which applies to drivers of CMVs 
in interstate commerce. Their requests were filed with the FHWA on 
various dates before June 9, 1998. When they were filed, the FHWA was 
authorized by 49 U.S.C. 31136(e) to waive application of the vision 
standard if the agency determined the waiver was consistent with the 
public interest and the safe operation of CMVs. Because the statute did 
not limit the effective period of a waiver, the agency had discretion 
to issue waivers for any period warranted by the circumstances of a 
request.
    On June 9, 1998, the FHWA's waiver authority changed with enactment 
of the Transportation Equity Act for the 21st Century (TEA-21), Pub. L. 
No. 105-178, 112 Stat.107. Section 4007 of TEA-21 amended the waiver 
provisions of 49 U.S.C. 31136(e) and 31315 to change the standard for 
evaluating waiver requests, to distinguish between a waiver and an 
exemption, and to establish term limits for both. Under revised section 
31136(e), the FHWA may grant a waiver for a period of up to 3 months or 
an exemption for a renewable 2-year period. The 24 applications in this 
proceeding fall within the scope of an exemption request under the 
revised statute.
    The amendments to 49 U.S.C. 31136(e) also changed the criteria for 
exempting a person from application of a regulation. Previously an 
exemption was appropriate if it was consistent with the public interest 
and the safe operation of CMVs. Now the FHWA may grant an exemption 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.'' According to the legislative history, Congress 
changed the statutory standard to give the agency greater discretion to 
consider exemptions. The previous standard was judicially construed as 
requiring an advance determination that absolutely no reduction in 
safety would result from an exemption. Congress revised the standard to 
require that an ``equivalent'' level of safety be achieved by the 
exemption, which would allow for more equitable resolution of such 
matters, while ensuring safety standards are maintained. (See H.R. 
Conf. Rep. No. 105-550, at 489 (1998)).
    Although the 24 petitions in this proceeding were filed before 
enactment of TEA-21, the FHWA is required to apply the law in effect at 
the time of its decision unless (1) its application will result in a 
manifest injustice or (2) the statute or legislative history directs 
otherwise. Bradley v. School Board of the City of Richmond, 416 U.S. 
696 (1974). There is nothing in the statute, its history, or the facts 
in this proceeding which meets either of these two tests. In fact, the 
new standard is more equitable as it allows an exemption to be based on 
a reasonable expectation of equivalent safety, rather than requiring an 
absolute determination that safety will not be diminished. In addition, 
the ``public interest'' finding required under the previous standard is 
not necessary under the new exemption standard. These changes enhance 
the FHWA's discretion to consider exemptions, thus benefitting the 24 
applicants rather than causing an injustice.
    Although applying TEA-21's new exemption standard does not 
adversely affect the applicants, subjecting their applications to the 
new procedural requirements would adversely affect them. Section 4007 
requires the Secretary of Transportation to promulgate regulations 
specifying the procedures by which a person may request an exemption. 
The statute lists four items of information an applicant must submit 
with an exemption petition and gives the Secretary 180 days to 
implement the new procedural regulations. Although the FHWA intends to 
meet that deadline, it would be manifestly unjust to the 24 applicants 
to delay publication of this notice until the new procedural 
regulations are in place, and then at that time, require them to submit 
conforming information to support their exemption request. To avoid 
this delay and injustice, we will not apply the new procedural 
requirements of Section 4007 to exemption petitions filed before its 
effective date, June 9, 1998.
    Accordingly, the FHWA has evaluated each of the 24 exemption 
requests 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), applying the new exemption 
standard in 49 U.S.C. 31136(e). Based on our evaluation, we have made a 
preliminary determination that exempting these 24 applicants from the 
vision requirement in 49 CFR 391.41(b)(10) is likely to achieve a level

[[Page 66227]]

of safety equal to, or greater than, the level that would be achieved 
without the exemption.

Qualifications of Applicants

1. Gary R. Andersen

    Mr. Andersen is a 34-year-old individual who has operated CMVs for 
15 years.
    A congenital irregularity called amblyopia was discovered in his 
left eye when he was about 9 years old, and his optometrist believes 
the condition was present much earlier. Because of this condition, Mr. 
Andersen is unable to meet the vision requirement of 49 CFR 
391.41(b)(10).
    A 1997 letter from the optometrist states Mr. Andersen has 20/20 
vision in his right eye without glasses and 20/200 unaided in the left 
eye. In the optometrist's opinion, Mr. Andersen can perform the tasks 
necessary to operate a CMV.
    Mr. Andersen holds a Nebraska commercial driver's license (CDL) 
with a tank vehicle endorsement. He has driven straight trucks and 
tractor-trailer combinations almost 1 million miles since 1982, and his 
driving record contains no traffic violations and no accidents in such 
vehicles. One of his previous employers, Gerhold Concrete Company, says 
Mr. Andersen ``operated equipment safely'' while in its employ.

2. Joe F. Arnold

    Mr. Arnold, 40, has been blind in his right eye since he was 6 
months old. A 1997 medical report indicates he has 20/20 vision in his 
left eye without glasses. In his optometrist's opinion, Mr. Arnold is 
capable of operating a CMV.
    Mr. Arnold has been a professional truck driver for 22 years and 
has operated straight trucks and tractor-trailer combinations. He holds 
an Arkansas CDL, and his official State driving record reflects no 
moving violations in any vehicle. His CMV was in a collision with an 
automobile in February 1996. There were no injuries, and Mr. Arnold did 
not receive a citation.

3. Jack E. Atkinson

    Mr. Atkinson is 59 years old and has been employed as a commercial 
truck driver for 36 years. He has a macular defect in his left eye 
which prevents him from meeting the vision requirement of 49 CFR 
391.41(b)(10). His optometrist believes the defect is ``long 
standing.''
    A 1997 examination indicates Mr. Atkinson has 20/20 vision in his 
right eye and 20/60 in the left eye with corrective lenses. In the 
optometrist's opinion, Mr. Atkinson is capable of operating a CMV. 
Because the eye condition is an old one, he has had many years to adapt 
his driving skills to accommodate his vision deficiency.
    Mr. Atkinson holds a Missouri CDL with tank vehicle and double- and 
triple-trailer endorsements. He has driven CMVs more than 1.2 million 
miles since 1961. His official driving record for the past 3 years 
reflects no traffic violations in a CMV and no accidents in any 
vehicle. Mr. Atkinson has operated straight trucks and tractor-trailer 
combinations for Southern Supply Company since 1981; the president of 
the company calls him ``an outstanding employee.''

4. Gary A. Barrett

    Mr. Barrett, 46, was born with amblyopia in his left eye. The 
vision in his right eye was 20/20 with glasses in a 1998 examination. 
His optometrist says Mr. Barrett is able to perform the tasks necessary 
to operate a CMV.
    Mr. Barrett has an Iowa CDL with hazardous materials and tank 
vehicle endorsements. He received his first commercial license in 1969 
and has driven straight trucks and tractor-trailer combinations more 
than 900,000 miles. His official State record for the past 3 years 
contains no accidents and one citation for failure to obey a traffic 
signal.

5. Ivan L. Beal

    Mr. Beal, 63, has been employed as a commercial truck driver for 29 
years. He has had amblyopia in his right eye since he was a child. 
Because of this eye condition, Mr. Beal is unable to meet the Federal 
vision requirement.
    A 1997 medical report indicates Mr. Beal has 20/200 vision in his 
right eye and 20/20 vision in the left eye with corrective lenses. His 
optometrist states Mr. Beal has the skills to operate a CMV safely. 
Having had amblyopia since childhood, he has had almost his entire life 
to adapt to it.
    He has driven tractor-trailer combinations and straight trucks 
approximately 2.4 million miles since 1968. He has a Nebraska CDL and 
his driving record for the past 3 years reflects no traffic violations 
and no accidents. Mr. Beal operates CMVs for his family's company and 
intends to continue driving for it if his exemption is granted.

6. Johnny A. Beutler

    Mr. Beutler, 53, has amblyopia of the right eye and cannot meet the 
Federal vision standard. A 1997 examination by an optometrist revealed 
the vision in his left eye to be 20/20 without correction; the 
amblyopic right eye measures 20/400 unaided. The optometrist stated Mr. 
Beutler has had the condition for many years and has had ``no 
difficulty performing the appropriate driving skills'' in a CMV.
    Mr. Beutler is self-employed and holds a South Dakota CDL. He has 
driven more than 2.6 million miles in a 35-year professional driving 
career and has operated straight trucks and tractor-trailer 
combinations. His official State driving record reflects no traffic 
citations in any vehicle for the past 5 years. In 1996, his CMV was 
involved in an accident. There was property damage but there were no 
injuries, and he did not receive a citation.

7. Richard D. Carlson

    Mr. Carlson lost the sight in his right eye when he was 11 years 
old. Now 51, his vision in the left eye is 20/15 without glasses, 
according to a 1997 examination. His ophthalmologist states Mr. Carlson 
can operate a CMV.
    Mr. Carlson holds a Minnesota CDL with hazardous materials and tank 
vehicle endorsements. He is a self-employed owner-operator who has 
driven tractor-trailer combination vehicles for 20 years and 2 million 
miles. His official State driving record reveals no traffic citations 
or accidents in a CMV.

8. David John Collier

    Mr. Collier, 42, has been blind in his right eye since 1970. His 
left eye was measured at 20/20 with glasses in a 1998 examination, and 
the optometrist says Mr. Collier has ``adapted very well'' to his 
condition and can perform the tasks required to operate a CMV.
    David Collier has an Iowa CDL with a tank vehicle endorsement. He 
has operated tractor-trailer combination vehicles for 4 years and has 
driven them more than 400,000 miles. His official State driving record 
lists no moving violations and no accidents in a CMV. Like the other 
applicants, Mr. Collier's safe driving record indicates he has adjusted 
successfully to his vision impairment.

9. Tomie L. Estes

    Mr. Estes is a 40-year-old individual who has been blind in his 
left eye since he was 10. He has 20/25 unaided vision in his right eye 
and 20/15 with corrective lenses, according to a 1998 examination. The 
optometrist who conducted the examination asserts Mr. Estes is able to 
drive a CMV.
    Mr. Estes has 24 years' experience operating tractor-trailer 
combinations and 10 years of experience driving straight trucks. For 
the past 7 years, he

[[Page 66228]]

has operated CMVs for a company which calls him one of its top five 
drivers and lauds his job performance and safety record. Mr. Estes 
holds a Missouri CDL and has no traffic violations or accidents in the 
past 3 years on his official State driving record.

10. Jay E. Finney

    Mr. Finney is a 50-year-old man who lost his left eye in an 
accident when he was 6. He has 20/25 vision in his right eye with 
corrective lenses. An optometrist examined him in November 1997 and 
asserted Mr. Finney ``is able to perform the driving tasks required to 
operate a truck.''
    Mr. Finney has 20 years of experience operating straight trucks and 
tractor-trailer combinations. He holds a Missouri CDL with a tank 
vehicle endorsement and has driven more than 1 million miles in 
commercial vehicles. He has no traffic citations or accidents on his 
official driving record. Mr. Finney is a self-employed dump truck 
driver.

11. Britt D. Hazelwood

    Mr. Hazelwood, 34, has had amblyopia in his right eye since early 
childhood. The vision in his left eye is 20/20 without glasses. His 
ophthalmologist states Mr. Hazelwood is able to perform the duties of a 
CMV driver.
    Mr. Hazelwood has a Missouri CDL and has operated tractor-trailer 
combinations for 12 years and straight trucks for 16 years. He has 
accumulated more than 750,000 miles behind the wheel. His official 
State driving record reveals no accidents or citations in a CMV. This 
safe driving record indicates Mr. Hazelwood has adapted successfully to 
a vision impairment he has had almost all his life. His employer, for 
whom he has driven since 1987, calls him a ``valuable employee.''

12. Jon R. Houston

    Mr. Houston, 33, has had amblyopia in his left eye since he was 4 
years old. The vision in his right eye was 20/20 without glasses in a 
1998 examination. His optometrist says Mr. Houston ``has excellent 
peripheral vision'' and is able to perform the tasks necessary to 
operate a CMV.
    Mr. Houston has an Iowa CDL with a tank vehicle endorsement. He has 
3 years' experience driving straight trucks and has driven tractor-
trailer combinations for 11 years and more than 1 million miles. His 
official State driving record contains one speeding ticket and no 
accidents in a CMV in the past 3 years.

13. Jerome R. Jessen

    Mr. Jessen, 53, has partial amblyopia in the right eye which makes 
him unable to meet the Federal vision standard. The condition has 
existed since childhood. His ophthalmologist examined him in 1997 and 
found Mr. Jessen's vision in the left eye to be 20/20 with glasses. The 
doctor says Mr. Jessen is able to perform the tasks required to operate 
a CMV.
    Mr. Jessen is a self-employed dump truck driver with a Minnesota 
CDL and intrastate vision waiver. He has been a professional truck 
driver for 10 years and has driven 500,000 miles. There are no traffic 
violations or accidents in any vehicle in the past 3 years on his 
official driving record.

14. Chad M. Kallhoff

    Mr. Kallhoff had an accident when he was 12 which left him blind in 
his left eye. The vision in his right eye is 20/20 without glasses. His 
optometrist states Mr. Kallhoff is able to perform the duties of a CMV 
driver.
    Mr. Kallhoff, 28, has a Nebraska CDL and has operated tractor-
trailer combinations for 7 years and straight trucks for 10 years. He 
has accumulated more than 1 million miles behind the wheel. His 
official driving record for the past 3 years reveals no accidents and 
one speeding ticket in a CMV. This safe driving record indicates Mr. 
Kallhoff has adapted successfully to a vision impairment he has had for 
more than half his life.

15. Loras G. Knebel

    Mr. Knebel is a 59-year-old individual whose scar on the cornea in 
his left eye prevents him from meeting the vision requirement of 49 CFR 
391.41(b)(10). The scar is a result of a 1981 accident. Mr. Knebel has 
20/20 vision in his right eye with corrective lenses, according to a 
1997 examination. The ophthalmologist who conducted the examination 
asserts Mr. Knebel ``is able to drive any vehicle and perform any 
tasks'' driving might require.
    Mr. Knebel has 25 years' experience operating straight trucks. For 
the past 2 years, he has operated tractor-trailer combinations for an 
Iowa company and averaged 60,000 miles annually in those vehicles. He 
holds an Iowa CDL and has one speeding ticket and no accidents in a CMV 
on his official State driving record.

16. Rodney D. Lemburg

    Mr. Lemburg, 41, has had amblyopia in his left eye since childhood. 
A 1998 examination by an ophthalmologist confirmed vision in the right 
eye to be 20/20 without glasses. The doctor believes Mr. Lemburg is 
able to perform the tasks required to operate a CMV and is ``a proper 
candidate to drive.''
    Mr. Lemburg has a South Dakota CDL with hazardous materials and 
tank vehicle endorsements. He has been a professional truck driver for 
14 years and has driven straight trucks and tractor-trailer combination 
vehicles more than 2 million miles. There are no traffic violations or 
accidents in the past 3 years on his official driving record.

17. Dexter L. Myhre

    Mr. Myhre, 54, has been blind in his left eye since 1994. His right 
eye was measured at 20/20 without glasses in a January 1998 
examination, and the optometrist asserts Mr. Myhre can perform the 
tasks required to operate a CMV.
    Dexter Myhre has a Minnesota CDL and intrastate vision waiver. He 
has operated tractor-trailer combination vehicles for almost 13 years. 
In the 3 years since he lost the sight in his left eye, Mr. Myhre has 
driven those vehicles more than 200,000 miles and has not received any 
traffic citations or been involved in an accident. He received a 
driving safety award from his employer's insurance company in 1996. Mr. 
Myhre has been employed by the same motor carrier since 1985; a member 
of its safety department says he has ``excellent safety habits'' and is 
a very capable driver whom the company would like to have on the road 
more frequently.

18. James H. Oppliger

    Mr. Oppliger, 52, has been a commercial truck driver for 36 years. 
He has had an artificial right eye since 1973 and cannot meet the 
Federal vision requirement. He has had almost half his life to adapt to 
his medical condition.
    A 1998 medical report indicates Mr. Oppliger has 20/20 vision in 
the left eye without corrective lenses. His optometrist states Mr. 
Oppliger can perform the tasks required to operate a CMV.
    He has driven tractor-trailer combinations and straight trucks 
approximately 700,000 miles in his career. He has a Nebraska CDL with a 
tank vehicle endorsement, and his driving record for the past 3 years 
reflects no traffic violations and no accidents in a CMV. Mr. Oppliger 
is a self-employed professional driver who hauls grain and feed.

19. Stephanie D. Randels

    Ms. Randels has had amblyopia of the left eye since birth. Her 
vision in the eye with corrective lenses has generally varied between 
20/50 and 20/60 in the

[[Page 66229]]

past 12 years, but this is not sufficient to meet the vision standard 
of 49 CFR 391.41(b)(10). According to a 1998 examination, her right eye 
is correctable to 20/20. Her optometrist states
    Ms. Randels can perform the tasks associated with driving a CMV.
    Ms. Randels is 39 years old and holds a Missouri CDL with a 
hazardous materials endorsement. She has operated tractor-trailer 
combinations for 18 years and driven more than 2 million miles. She has 
driven for the same company for the past 10 years and has not received 
a moving violation or been involved in an accident. The company's 
safety director calls Ms. Randels ``one of the safest, most 
conscientious drivers on the road.''

20. Duane L. Riendeau

    Mr. Riendeau, 50, has amblyopia in the right eye which makes him 
unable to meet the Federal vision standard. The condition has existed 
since childhood. An optometrist examined him in 1997 and found Mr. 
Riendeau's vision in the left eye to be 20/30 unaided and 20/20 with 
glasses. The doctor recommends Mr. Riendeau be permitted to continue 
operating a CMV.
    Mr. Riendeau holds a North Dakota CDL with a tank vehicle 
endorsement. He has been a professional truck driver for 25 years and 
has driven straight trucks and combination vehicles more than 1.5 
million miles. There are no traffic violations or accidents in any 
vehicle on his official driving record.

21. Darrell Rohlfs

    Mr. Rohlfs, 38, had his left eye removed in 1988 due to a cancerous 
tumor. The vision in his right eye was 20/20 without glasses in a 1997 
examination. His optometrist says Mr. Rohlfs is able to perform tasks 
necessary to operate a CMV.
    Mr. Rohlfs has an Iowa CDL and has driven straight trucks and 
tractor-trailer combinations almost 900,000 miles in a 19-year 
professional driving career. Several of his employers lauded his safe 
driving practices. His official State record for the past 3 years 
contains two speeding tickets in a CMV; in each case, Mr. Rohlfs was 
going less than 15 miles per hour over the posted limit. He has had no 
accidents in any vehicle.

22. Marvin L. Swillie

    Mr. Swillie is a 53-year-old man with a retinal scar in his left 
eye, making him unable to meet the Federal vision standard. He has 20/
20 vision in his right eye with corrective lenses. An ophthalmologist 
examined him in 1998 and asserted Mr. Swillie is capable of driving a 
CMV.
    Mr. Swillie has 25 years of experience operating tractor-trailer 
combinations; he has driven them more than 3 million miles. He holds a 
Nebraska CDL with hazardous materials and tank vehicle endorsements. He 
has no traffic citations or accidents in a CMV on his official driving 
record. Mr. Swillie has driven for the same company since 1987 and will 
continue there if his exemption is granted.

23. Larry Waldner

    Mr. Waldner, 43, lost the sight in his left eye when he was 6 years 
old. A 1998 examination by an optometrist revealed the vision in his 
right eye to be 20/20 without correction. The optometrist stated Mr. 
Waldner ``could certainly operate a commercial vehicle'' despite his 
condition.
    Mr. Waldner holds a South Dakota CDL. He has 15 years' experience 
operating straight trucks and has operated tractor-trailer combinations 
for the past 3 years. He has driven for the same company since February 
1995 and intends to continue with it if he is granted an exemption. Mr. 
Waldner's official State driving record reflects no traffic citations 
or accidents in a CMV.

24. Ronald Watt

    Mr. Watt, 66, lost the vision in his right eye in 1992 due to an 
injury. A 1997 medical report indicates he has 20/20 vision in his left 
eye with glasses. In his ophthalmologist's opinion, Mr. Watt is capable 
of operating a CMV.
    Mr. Watt has operated straight trucks since he was a teenager and 
tractor-trailer combinations professionally since 1975. He has driven 
the combination vehicles 2 million miles. Mr. Watt has a North Dakota 
CDL with tank vehicle and double-and triple-trailer endorsements. His 
driving record for the past 3 years reflects no traffic violations in a 
CMV and no accidents in any vehicle.

Basis for Preliminary Determination To Grant Exemptions

    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). We believe we can 
properly apply the principle to monocular drivers because data from the 
vision waiver program clearly demonstrates the driving performance of 
monocular drivers in the program is better than that of all CMV drivers 
collectively. (See 61 FR 13338, March 26, 1996). That monocular drivers 
in the waiver program demonstrated their ability to drive safely 
supports a conclusion that other monocular drivers, with qualifications 
similar to those required by the waiver program, can also adapt to 
their vision deficiency and operate safely.
    The 24 applicants have qualifications similar to those possessed by 
drivers in the waiver program. Their experience and safe driving record 
operating CMVs demonstrate that they have adapted their driving skills 
to accommodate their vision deficiency. For that reason, the FHWA 
believes exempting these individuals from 49 CFR 391.41(b)(10) is 
likely to achieve a level of safety equal to, or greater than, the 
level that would be achieved without the exemption as long as vision in 
their better eye continues to meet the standard specified in Section 
391.41(b)(10). As a condition of the exemption, therefore, the FHWA 
proposes to impose 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 (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 he or she 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 or her employer for retention in its 
driver qualification file or keep a copy in his or her driver 
qualification file if he or she becomes self-employed. The driver 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.
    In accordance with revised 49 U.S.C. 31136(e), the proposed 
exemption for each person will be valid for 2 years unless revoked 
earlier by the FHWA. 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. 31136. If the 
exemption is effective at the end of the 2-year period, the person may 
apply to the FHWA for a renewal under procedures in effect at that 
time.

[[Page 66230]]

Request for Comments

    In accordance with 49 U.S.C. 31136(e), the FHWA is requesting 
public comment from all interested parties 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 FHWA may issue exemptions from the vision requirement to the 24 
applicants and 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 FHWA 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. 31136 and 31315; 23 U.S.C. 315; 49 CFR 
1.48.

    Issued on: November 20, 1998.
Kenneth R. Wykle,
Federal Highway Administration Administrator.
[FR Doc. 98-31927 Filed 11-30-98; 8:45 am]
BILLING CODE 4910-22-P