[Federal Register Volume 67, Number 49 (Wednesday, March 13, 2002)]
[Notices]
[Pages 11369-11370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6047]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2002-11507]


Alternative Physical Qualification Standards for the Loss or 
Impairment of Limbs; Exemption Application for Kevin Howell

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: This notice announces the FMCSA's receipt of an application 
from Mr. Kevin Howell for an exemption from the Federal Motor Carrier 
Safety Regulations (FMCSRs) alternative physical qualification 
standards for the loss or impairment of limbs. Mr. Howell's right arm 
was amputated at the shoulder. Mr. Howell is applying for an exemption 
to allow him to operate a commercial motor vehicle (CMV) in interstate 
commerce without a prosthesis. Mr. Howell believes his driving record 
indicates that a level of safety can be achieved that is equivalent to, 
or greater than, the level of safety that would be obtained by 
complying with the standards for the loss or impairment of limbs set 
forth in 49 CFR 391.41 (b)(1) and 391.49.

DATES: Comments must be received on or before April 12, 2002.

ADDRESSES: You can mail or deliver comments to the U.S. Department of 
Transportation, Dockets Management Facility, Room PL-401, 400 Seventh 
Street, SW., Washington, DC 20590-0001. You can also submit comments as 
well as see the submissions of other commenters at http://dms.dot.gov. 
Please include the docket number that appears in the heading of this 
document. You can examine and copy this document and all comments 
received at the same Internet address or at the Dockets Management 
Facility from 9 a.m. to 5 p.m., e.t., Monday through Friday, except 
Federal holidays. If you want to know that we received

[[Page 11370]]

your comments, please include a self-addressed, stamped postcard or 
include a copy of the acknowledgement page that appears after you 
submit comments electronically.

FOR FURTHER INFORMATION CONTACT: For information about the exemption in 
this notice, Ms. Teresa Doggett, Office of Bus and Truck Standards and 
Operations, (202) 366-2990; for information about legal issues related 
to this notice, Mr. Joseph 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:   

Background

    Title 49 of the United States Code (U.S.C) sections 31315 and 
31136, requires the FMCSA to publish a notice in the Federal Register 
for each exemption requested, explaining that the request has been 
filed; providing the public with an opportunity to inspect the safety 
analysis and any other relevant information known to the agency; and 
commenting on the request (49 U.S.C. 31315(b)(4)(A)). Prior to granting 
a request for an exemption, the agency must publish in the Federal 
Register the name of the person granted the exemption, the provisions 
from which the person will be exempt, the effective period, and all 
terms and conditions of the exemption (49 U.S.C. 31315 (b)(4)(B)). The 
terms and conditions established by FMCSA must ensure that the 
exemption will likely achieve a level of safety that is equivalent to, 
or greater than, the level that would be achieved absent such exemption 
(49 U.S.C. 31315(b)(6)).
    The regulations at 49 CFR part 381 establish the procedures to be 
followed to request waivers and to apply for exemptions from the 
FMCSRs, and the procedures used to process them.
    FMCSA is responsible for the administration and enforcement of the 
Federal Motor Carrier Safety Regulations (FMCSRs), including the 
physical qualifications of CMV drivers. Section 391.41(b)(1) of the 
FMCSRs states that a person is physically qualified to drive a CMV if 
he or she has, among other things, ``no loss of a foot, a leg, a hand 
or an arm, or has been granted a skill performance evaluation (SPE) 
certificate [previously called a `waiver'] pursuant to section 
391.49.'' The alternative physical qualification standards for the loss 
or impairment of limbs, at 49 CFR 391.49(d)(3)(i)(B), include a 
requirement that applicants for SPE certificates include with their 
applications a medical evaluation summary that, among other things, 
establishes that ``*-*-*the applicant is capable of demonstrating 
precision prehension (e.g., manipulating knobs and switches) and power 
grasp prehension (e.g., holding and maneuvering the steering wheel) 
with each upper limb separately'' [emphasis added].

Kevin Howell's Application for an Exemption

    Mr. Kevin Howell is a commercial motor vehicle (CMV) driver whose 
right arm was amputated at the shoulder. He is an owner-operator motor 
carrier and his principal place of business is located in Hooper, Utah. 
On November 3, 2001, Mr. Howell applied for a SPE certification by 
filing an application with the FMCSA's Utah State Director. By letter 
dated November 19, 2001, Mr. Howell's SPE application was deferred 
until he obtained a prosthetic or orthotic device and could demonstrate 
the power grasp and precision prehension required under the alternative 
physical qualification standards of 49 CFR 391.49. On November 21, 
2001, Mr. Howell applied for an exemption from the Federal alternative 
physical qualification standards for the loss or impairment of limbs 
and the use of a prosthetic device when operating CMVs in interstate 
commerce (49 CFR 391.41(b)(1) and 49 CFR 391.49). A copy of the 
application is in the docket.
    Mr. Howell indicated in his application that he was granted a limb 
waiver in 1973 that allows him to operate without a prosthetic device 
when driving CMVs in interstate commerce. The agency has no record of 
the waiver. If a waiver had been issued, Mr. Howell would have been 
required to renew the waiver every 2 years in accordance with 
conditions applicable to waivers at the time. The FMCSA has records for 
other drivers who were granted limb waivers in the 1970's and who have 
renewed their waivers every 2 years, however, we find no record that 
Mr. Howell sought a renewal in the years following 1973.
    Mr. Howell stated in his application for exemption that he has had 
his Class A CDL for 27 years, with no restrictions other than 
corrective lenses. He owns and operates a CMV with manual transmission 
on the right side of the steering column. He indicated that he 
transports cargo for various other motor carrier companies and that he 
will be the only driver affected if the FMCSA grants the exemption 
requested here. Mr. Howell stated that he does not anticipate any 
adverse safety impacts created by this exemption. As support for his 
contention, he cited his current motor vehicle driving record, with no 
current deficiencies, including no speeding tickets or accidents. Mr. 
Howell stated that he has driven over 1,000,000 miles and has never had 
an accident, injury or caused property damage as a result of driving 
without a right arm. He maintains that this clearly shows a very high 
level of safety and awareness, as well as excellent driving skills, 
ability and judgment.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA is 
requesting public comment from all interested persons on whether the 
exemption application from Mr. Kevin Howell should be granted. All 
comments received before the closing date will be considered and will 
be available for examination in the docket at the location listed under 
the address section of this notice.

    Issued on: March 8, 2002.
Julie Anna Cirillo,
Assistant Administrator.
[FR Doc. 02-6047 Filed 3-12-02; 8:45 am]
BILLING CODE 4910-EX-P