97-17233. Qualification of Drivers; Waiver Application; Vision  

  • [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]
    BILLING CODE 4910-22-P
    
    
    

Document Information

Published:
07/02/1997
Department:
Federal Highway Administration
Entry Type:
Notice
Action:
Notice of petition and intent to grant application for waiver; request for comments.
Document Number:
97-17233
Dates:
Comments must be received on or before August 1, 1997.
Pages:
35881-35881 (1 pages)
Docket Numbers:
FHWA Docket No. FHWA-97-2625
PDF File:
97-17233.pdf