[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
