Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
27 April 2018
[Federal Register Volume 83, Number 82 (Friday, April 27, 2018)]
[Notices]
[Pages 18644-18647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08915]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2018-0010]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of applications for exemption; request for comments.
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SUMMARY: FMCSA announces receipt of applications from 14 individuals
for an exemption from the vision requirement in the Federal Motor
Carrier Safety Regulations (FMCSRs) to operate a commercial motor
vehicle (CMV) in interstate commerce. If granted, the exemptions will
enable these individuals to operate CMVs in interstate commerce without
meeting the vision requirement in one eye.
DATES: Comments must be received on or before May 29, 2018.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2018-0010 using any of the
following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
e.t., Monday through Friday, except Federal Holidays.
Fax: 1-202-493-2251.
Instructions: Each submission must include the Agency name and the
docket number(s) for this notice. Note that all comments received will
be posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
Docket: For access to the docket to read background documents or
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comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments online.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to http://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at http://www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, (202) 366-4001, fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Docket
Services, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Background
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the FMCSRs for a five-year period 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.'' The
statute also allows the Agency to renew exemptions at the end of the
five-year period. FMCSA grants exemptions from the FMCSRs for a two-
year period to align with the maximum duration of a driver's medical
certification.
The 14 individuals listed in this notice have requested an
exemption from the vision requirement in 49 CFR 391.41(b)(10).
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting an exemption will achieve the
required level of safety mandated by statute.
The physical qualification standard for drivers regarding vision
found in 49 CFR 391.41(b)(10) states that a person is physically
qualified to drive a CMV if that person has distant visual acuity of at
least 20/40 (Snellen) in each eye without corrective lenses or visual
acuity separately corrected to 20/40 (Snellen) or better with
corrective lenses, distant binocular acuity of at least 20/40 (Snellen)
in both eyes with or without corrective lenses, field of vision of at
least 70[deg] in the horizontal Meridian in each eye, and the ability
to recognize the colors of traffic signals and devices showing standard
red, green, and amber.
In July 1992, the Agency first published the criteria for the
Vision Waiver Program, which listed the conditions and reporting
standards that CMV drivers approved for participation would need to
meet (Qualification of Drivers; Vision Waivers, 57 FR 31458, July 16,
1992). The current Vision Exemption Program was established in 1998,
following the enactment of amendments to the statutes governing
exemptions made by Sec. 4007 of the Transportation Equity Act for the
21st Century (TEA-21), Public Law 105-178, 112 Stat. 107, 401 (June 9,
1998). Vision exemptions are considered under the procedures
established in 49 CFR part 381 subpart C, on a case-by-case basis upon
application by CMV drivers who do not meet the vision standards of 49
CFR 391.41(b)(10).
To qualify for an exemption from the vision requirement, FMCSA
requires a person to present verifiable evidence that he/she has driven
a commercial vehicle safely with the vision deficiency for the past
three years. Recent driving performance is especially important in
evaluating future safety, according to several research studies
designed to correlate past and future driving performance. Results of
these studies support the principle that the best predictor of future
performance by a driver is his/her past record of crashes and traffic
violations. Copies of the studies may be found at Docket Number FMCSA-
1998-3637.
FMCSA believes it can properly apply the principle to monocular
drivers, because data from the Federal Highway Administration's (FHWA)
former waiver study program clearly demonstrated the driving
performance of experienced monocular drivers in the program is better
than that of all CMV drivers collectively (See 61 FR 13338, 13345,
March 26, 1996). The fact that experienced monocular drivers
demonstrated safe driving records in the waiver program supports a
conclusion that other monocular drivers, meeting the same qualifying
conditions as those required by the waiver program, are also likely to
have adapted to their vision deficiency and will continue to operate
safely.
The first major research correlating past and future performance
was done in England by Greenwood and Yule in 1920. Subsequent studies,
building on that model, concluded that crash rates for the same
individual exposed to certain risks for two different time periods vary
only slightly (See Bates and Neyman, University of California
Publications in Statistics, April 1952). Other studies demonstrated
theories of predicting crash proneness from crash history coupled with
other factors. These factors--such as age, sex, geographic location,
mileage driven and conviction history--are used every day by insurance
companies and motor vehicle bureaus to predict the probability of an
individual experiencing future crashes (See Weber, Donald C.,
``Accident Rate Potential: An Application of Multiple Regression
Analysis of a Poisson Process,'' Journal of American Statistical
Association, June 1971). A 1964 California Driver Record Study prepared
by the California Department of Motor Vehicles concluded that the best
overall crash predictor for both concurrent and nonconcurrent events is
the number of single convictions. This study used three consecutive
years of data, comparing the experiences of drivers in the first two
years with their experiences in the final year.
II. Qualifications of Applicants
Zachary A. Abbotts
Mr. Abbotts, 24, has complete loss of vision in his left eye due to
a traumatic incident in childhood. The visual acuity in his right eye
is 20/15, and in his left eye, no light perception. Following an
examination in 2017, his optometrist stated, ``In my opinion, I see
absolutely no reason why Zachary's visual condition would impair his
ability to operate a commercial vehicle in any way.'' Mr. Abbotts
reported that he has driven straight trucks for five years,
accumulating 3,900 miles. He holds an operator's license from
Connecticut. His driving record for the last three years shows no
crashes and no convictions for moving violations in a CMV.
Joseph J. Amatulli
Mr. Amatulli, 59, has had amblyopia in his left eye since birth.
The visual acuity in his right eye is 20/25, and in his left eye, 20/
60. Following an examination in 2017, his ophthalmologist stated, ``I
am a board-certified ophthalmologist in New York State (Lic. #241224)
and certify that in my medical opinion, he has sufficient
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vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Amatulli reported that he has driven straight trucks for
15 years, accumulating 7,500 miles, and tractor-trailer combinations
for 11 years, accumulating 3,850 miles. He holds a Class A CDL from New
York. His driving record for the last three years shows no crashes and
no convictions for moving violations in a CMV.
Clarton D. Avis
Mr. Davis, 59, has a prosthetic right eye due to a traumatic
incident in 1988. The visual acuity in his right eye is no light
perception, and in his left eye, 20/20. Following an examination in
2018, his ophthalmologist stated, ``In my opinion, Mr. Avis' vision is
sufficient to perform the task of driving required to operate a
commercial vehicle.'' Mr. Davis reported that he has driven straight
trucks for 38 years, accumulating 2.5 million miles, and tractor-
trailer combinations for 38 years, accumulating 364,000 miles. He holds
a Class A CDL from Kentucky. His driving record for the last three
years shows no crashes and no convictions for moving violations in a
CMV.
Jimmy L. Burgi
Mr. Burgi, 57, has a corneal scar in his left eye due to a
traumatic incident in 2004. The visual acuity in his right eye is 20/
20, and in his left eye, light perception. Following an examination in
2018, his optometrist stated, ``My medical opinion is that the patient
does have sufficient vision to perform the driving tasks required to
operate a commercial vehicle do [sic] to the fact that the patient has
been driving a commercial vehicle for the last several years and his
vision is stable.'' Mr. Burgi reported that he has driven tractor-
trailer combinations for four years, accumulating 130,000 miles. He
holds a Class A CDL from Texas. His driving record for the last three
years shows no crashes and no convictions for moving violations in a
CMV.
Gordon C. Canfield
Mr. Canfield, 67, has had amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, 20/50. Following an examination in 2018, his optometrist stated,
``It is my opinion that Mr. Canfield has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr.
Canfield reported that he has driven tractor-trailer combinations for
25 years, accumulating 60,000 miles. He holds a Class A CDL from
Michigan. His driving record for the last three years shows no crashes
and no convictions for moving violations in a CMV.
David M. Clark, Jr.
Mr. Clark, 66, has had optic atrophy in his right eye since birth.
The visual acuity in his right eye is counting fingers, and in his left
eye, 20/15. Following an examination in 2017, his optometrist stated,
``Patient has sufficient vision to operate a commercial vehicle.'' Mr.
Clark reported that he has driven straight trucks for 49 years,
accumulating 49,000 miles and tractor-trailer combinations for 47
years, accumulating 2.35 million miles. He holds a Class A CDL from
Maryland. His driving record for the last three years shows no crashes
and no convictions for moving violations in a CMV.
Dorothy J. Crum
Ms. Crum, 54, has had a macular scar in her left eye due to
histoplasmosis in childhood. The visual acuity in her right eye is 20/
15, and in her left eye, 20/100. Following an examination in 2018, her
optometrist stated, ``Thus I believe that she has adequate vision for
performing the essential duties for driving a commercial vehicle.'' Ms.
Crum reported that she has driven tractor-trailer combinations for six
years, accumulating 780,000 miles. She holds a Class A CDL from Ohio.
Her driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.
Tammy J. Duval
Ms. Duval, 52, has had keratoconus in her left eye since childhood.
The visual acuity in her right eye is 20/20, and in her left eye, 20/
200. Following an examination in 2018, her optometrist stated, ``In my
medical opinion, Ms. Duval has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Ms. Duval reported
that she has driven buses for 25 years, accumulating 286,650 miles. She
holds a Class B CDL from New Hampshire. Her driving record for the last
three years shows no crashes and no convictions for moving violations
in a CMV.
Brian K. LaJoie
Mr. LaJoie, 47, has aphakia in his left eye due to a traumatic
incident in childhood. The visual acuity in his right eye is 20/20, and
in his left eye, 20/400. Following an examination in 2017, his
optometrist stated, ``Certifies that in my medical opinion, patient has
sufficient vision to perform the driving tasks to operate commercial
vehicle: Yes'' Mr. LaJoie reported that he has driven straight trucks
for 23 years, accumulating 65,000 miles. He holds a Class CA CDL from
Michigan. His driving record for the last three years shows no crashes
and no convictions for moving violations in a CMV.
James V. Latess, Jr.
Mr. Latess, 61, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/30, and in his left eye, 20/
150. Following an examination in 2018, his optometrist stated, ``He has
sufficient vision for all driving tasks required to operate a
commercial vehicle.'' Mr. Latess reported that he has driven straight
trucks for 27 years, accumulating 135,000 miles. He holds a Class B CDL
from Pennsylvania. His driving record for the last three years shows no
crashes and no convictions for moving violations in a CMV.
Igor L. Litvak
Mr. Litvak, 32, has complete loss of vision in his right eye due to
a traumatic incident in 2002. The visual acuity in his right eye is no
light perception, and in his left eye, 20/25. Following an examination
in 2017, his ophthalmologist stated, ``In my medical opinion, Mr.
Litvak has sufficient vision in his normal left eye to perform driving
tasks required to operate a commercial vehicle.'' Mr. Litvak reported
that he has driven straight trucks for seven years, accumulating
350,000 miles, and tractor-trailer combinations for six years,
accumulating 480,000 miles. He holds an operator's license from
Maryland. His driving record for the last three years shows no crashes
and no convictions for moving violations in a CMV.
John A. Thomas, Jr.
Mr. Thomas, 58, has had amblyopia in his right eye since birth. The
visual acuity in his right eye is count fingers, and in his left eye,
20/20. Following an examination in 2018, his optometrist stated, ``John
Thomas has sufficient vision to perform the driving task required to
operate a commercial vehicle.'' Mr. Thomas reported that he has driven
straight trucks for 40 years, accumulating one million miles and
tractor-trailer combinations for 37 years, accumulating 3.7 million
miles. He holds a Class A CDL from North Carolina. His driving record
for the last three years shows no crashes and no convictions for moving
violations in a CMV.
Jerry L. Womble
Mr. Womble, 69, has an enucleated left eye due to a traumatic
incident in childhood. The visual acuity in his right
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eye is no light perception, and in his left eye, 20/20. Following an
examination in 2017, his optometrist stated, ``In my opinion, Mr.
Womble has sufficient vision to perform the driving tasks needed to
operate a commercial vehicle.'' Mr. Womble reported that he has driven
straight trucks for three years, accumulating 108,000 miles, and
tractor-trailer combinations for two years, accumulating 80,000 miles.
He holds a Class A CDL from Arkansas. His driving record for the last
three years shows no crashes and no convictions for moving violations
in a CMV.
Kevin Young
Mr. Young, 37, has keratoconus in his left eye due to a traumatic
incident in childhood. The visual acuity in his right eye is 20/20, and
in his left eye, 20/60. Following an examination in 2017, his
optometrist stated, ``In my medical opinion, I certify that Kevin M.
Young's left eye vision deficiency provides sufficient vision ability
to perform the driving tasks required to operate a commercial vehicle
in conjunction with his normal right eye for overall vision
performance.'' Mr. Young reported that he has driven straight trucks
for ten years, accumulating 5,000 miles, and tractor-trailer
combinations for five years, accumulating 10,000 miles. He holds an
operator's license from New Jersey. His driving record for the last
three years shows no crashes and no convictions for moving violations
in a CMV.
III. Request for Comments
In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments and material
received before the close of business on the closing date indicated in
the dates section of the notice.
IV. Submitting Comments
You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission.
To submit your comment online, go to http://www.regulations.gov and
in the search box insert the docket number FMCSA-2018-0010 and click
the search button. When the new screen appears, click on the blue
``Comment Now!'' button on the right hand side of the page. On the new
page, enter information required including the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. If you submit your comments by mail or
hand delivery, submit them in an unbound format, no larger than 8\1/2\
by 11 inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the facility,
please enclose a stamped, self-addressed postcard or envelope.
We will consider all comments and materials received during the
comment period. FMCSA may issue a final determination at any time after
the close of the comment period.
V. Viewing Comments and Documents
To view comments, as well as any documents mentioned in this
preamble, go to http://www.regulations.gov and in the search box insert
the docket number FMCSA-2018-0010 and click ``Search.'' Next, click
``Open Docket Folder'' and you will find all documents and comments
related to this notice.
Issued on: April 23, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-08915 Filed 4-26-18; 8:45 am]
BILLING CODE 4910-EX-P