Qualification of Drivers; Exemption Applications; Vision |
|---|
|
Larry W. Minor
Federal Motor Carrier Safety Administration
July 8, 2014
[Federal Register Volume 79, Number 130 (Tuesday, July 8, 2014)]
[Notices]
[Pages 38652-38659]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15930]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2014-0007]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of applications for exemptions, request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces receipt of applications from 52 individuals
for exemption from the vision requirement for operating a commercial
motor vehicle (CMV) in the Federal Motor Carrier Safety Regulations.
The applicants are unable to meet the vision requirement in one eye for
various reasons. The exemptions will allow these individuals to operate
CMVs in interstate commerce without meeting the prescribed vision
requirement in one eye. At the end of the comment period, the Agency
will grant exemptions to the applicants listed herein if there are no
adverse comments that indicate the driver's ability will not achieve a
level of safety equivalent to or greater than the level of safety that
would be obtained by complying with the regulations. All comments will
be reviewed and evaluated by FMCSA. Some individuals appearing in this
notice may not receive exemptions based on comments received during the
comment period. Individuals not granted an exemption may either be
published at a future date based on further evaluation or may not be
deemed to meet the aforementioned level of safety if granted an
exemption. These individuals will be published in a quarterly notice of
exemption denials. As always, any adverse comments received after the
exemption is granted will be evaluated, and if they indicate that the
driver is not achieving a level of safety equivalent to or greater than
the level of safety that would be obtained by complying with the
regulation, the exemption will be revoked. When granted, the exemptions
will allow these individuals with vision deficiencies in one eye to
operate in interstate commerce.
DATES: Comments must be received on or before August 7, 2014. All
comments will be investigated by FMCSA. The exemptions will be issued
the day after the comment period closes.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2014-0007 using any of the
following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line 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.,
Monday through Friday, except Federal Holidays.
Fax: 1-202-493-2251.
Instructions: Each submission must include the Agency name and the
docket numbers 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
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., 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 on-line.
Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the Federal Docket
Management System (FDMS) published in the Federal Register on January
17, 2008 (73 FR 3316).
FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, 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 from 8:30 a.m. to 5 p.m.,
Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the Federal Motor Carrier Safety Regulations for a 2-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 2-year period. The 52 individuals listed
in this notice have recently requested such an exemption from the
vision requirement in 49 CFR 391.41(b)(10), which applies to drivers of
CMVs in interstate commerce. Accordingly, the Agency has evaluated the
qualifications of each applicant to determine whether granting an
exemption will achieve the required level of safety mandated by
statute.
Qualifications of Applicants
Don R. Alexander
Mr. Alexander, 59, has had a central retinal vein occlusion in his
left eye since 2007. The visual acuity in his right eye is 20/20, and
in his left eye, 20/200. Following an examination in 2014, his
ophthalmologist stated, ``He has a central retinal vein occlusion in
his LEFT EYE which dates back to 2007. In my medical opinion, given his
history of exemption in the past and the lack of progression in his
disease, he can perform the driving tasks required to operate a
commercial vehicle.'' Mr. Alexander reported that he has driven
tractor-trailer combinations for 40 years, accumulating 2.17 million
miles. He holds a Class A CDL from Oregon. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Jimmy A. Baker
Mr. Baker, 50, 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/
150. Following an examination in 2014, his optometrist stated, ``In my
opinion, Mr. Baker has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Baker reported that he
has driven tractor-trailer combinations for 19 years, accumulating 1.52
million miles. He holds a Class A CDL from Texas. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
[[Page 38653]]
Robert E. Bebout
Mr. Bebout, 53, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is 20/400, and in his left eye, 20/
20. Following an examination in 2014, his ophthalmologist stated, ``In
my opinion/[sic] PT [sic] has sufficient vision to perform driving
tasks required for a commercial vehichle [sic].'' Mr. Bebout reported
that he has driven straight trucks for 10 years, accumulating 350,000
miles. He holds a Class B CDL from Ohio. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Frank B. Belenchia, Jr.
Mr. Belenchia, 55, has had histoplasmosis in his right eye since
2010. The visual acuity in his right eye is 20/200, and in his left
eye, 20/20. Following an examination in 2014, his ophthalmologist
stated, ``Finally, in my opinion, I do feel that this gentleman would
have sufficient vision to perform a safe driving test to operate a
commercial vehicle with his glasses with both eyes [sic].'' Mr.
Belenchia reported that he has driven tractor-trailer combinations for
14 years, accumulating 1.82 million miles. He holds a Class A CDL from
Tennessee. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Ricky W. Bettes
Mr. Bettes, 54, has a permanent misshapen pupil in his right eye
due to a traumatic incident in 1990. The visual acuity in his right eye
is 20/70, and in his left eye, 20/20. Following an examination in 2014,
his optometrist stated, ``I certify in my medical opinion that Mr.
Ricky Bettes has sufficient vision to performing the driving tasks
required to operate a commercial vehicle.'' Mr. Bettes reported that he
has driven straight trucks for 26 years, accumulating 580,320 miles. He
holds an operator's license from Texas. His driving record for the last
3 years shows no crashes and no convictions for moving violations in a
CMV.
Thomas J. Bommer
Mr. Bommer, 38, has had a detached retina in his left eye since
2010. The visual acuity in his right eye is 20/20, and in his left eye,
20/150. Following an examination in 2013, his optometrist stated, ``My
medical opinion of Mr. Bommer's visual field certifies that his defect
in left gaze of his left eye is overlapped by his right eye ability,
effectively making his horizontal binocular visual field at least 150
degrees. I would contest this is certainly sufficient to operate a
commercial vehicle.'' Mr. Bommer reported that he has driven straight
trucks for 7 years, accumulating 175,000 miles. He holds a Class B CDL
from North Dakota. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Antonio A. Calixto
Mr. Calixto, 42, has a prosthetic right eye due to a traumatic
incident during childhood. The visual acuity in his right eye is no
light perception, and in his left eye, 20/20. Following an examination
in 2014, his optometrist stated, ``I [sic] my opinion he does have
adequate vision for normal everyday driving and for commercial
driving.'' Mr. Calixto reported that he has driven straight trucks for
9 years, accumulating 68,796 miles. He holds an operator's license from
Minnesota. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
James W. Carter, Jr.
Mr. Carter, 44, has amblyopia secondary to strabismus in his left
eye since childhood. The visual acuity in his right eye is 20/20, and
in his left eye, 20/100. Following an examination in 2014, his
optometrist stated, ``As Mr. Carter's visual status appears to be
stable, I would suspect his vision would be adequate to operate a
commercial vehicle.'' Mr. Carter reported that he has driven straight
trucks for 5 years, accumulating 2,500 miles, and tractor-trailer
combinations for 15 years, accumulating 75,000 miles. He holds a Class
A CDL from Kansas. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Ronald G. Daniels
Mr. Daniels, 32, has had amblyopia in his right eye since birth.
The visual acuity in his right eye is light perception, and in his left
eye, 20/20. Following an examination in 2014, his optometrist stated
that, in his medical opinion, Mr. Daniels does have the sufficient
vision to operate a commercial motor vehicle. Mr. Daniels reported that
he has driven straight trucks for 12 years, accumulating 1.2 million
miles. He holds an operator's license from Missouri. His driving record
for the last 3 years shows no crashes and 2 convictions for moving
violations in a CMV; in one instance he exceeded the speed limit by 14
mph; in another instance he failed to obey a traffic signal.
Larry G. Davis
Mr. Davis, 57, has had high myopia in his right eye since birth.
The visual acuity in his right eye is 20/400, and in his left eye, 20/
25. Following an examination in 2014, his optometrist stated, ``I have
no knowledge of the specific tasks required to operate a commercial
vehicle, but I can state that Mr. Davis' vision is stable and that he
has been operating such vehicles successfully for many years, so I can
see no reason, based on our examination, why he could not continue to
do so.'' Mr. Davis reported that he has driven straight trucks for 32
years, accumulating 416,000 miles. He holds a Class A CDL from
Tennessee. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Michael C. Doheny
Mr. Doheny, 48, has vision loss in his left eye due to a traumatic
incident in 1991. The visual acuity in his right eye is 20/20, and in
his left eye, 20/200. Following an examination in 2014, his optometrist
stated, ``Mr. Doheny has more than sufficient vision to perform the
driving tasks required to operate a commercial vehicle locally and
across state lines.'' Mr. Doheny reported that he has driven straight
trucks for 3 years, accumulating 3,000 miles, and tractor-trailer
combinations for less than 1 year, accumulating 100 miles. He holds a
Class A CDL from Connecticut. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
William R. Evridge
Mr. Evridge, 49, has optic nerve atrophy in his left eye due to a
traumatic incident during childhood. The visual acuity in his right eye
is 20/20, and in his left eye, counting fingers. Following an
examination in 2014, his optometrist stated, ``I certify that he has
adequate peripheral vision to perform driving tasks necessary to drive
a commercial vehicle.'' Mr. Evridge reported that he has driven
tractor-trailer combinations for 32 years, accumulating 432,000 miles.
He holds a Class DA CDL from Kentucky. His driving record for the last
3 years shows no crashes and no convictions for moving violations in a
CMV.
George P. Ford
Mr. Ford, 66, has had a central scar in his left eye since 1975.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
400. Following an examination in 2014, his ophthalmologist stated, ``I
feel that Mr. Ford has sufficient vision to perform the driving tasks
required to
[[Page 38654]]
operate a commercial vehicle.'' Mr. Ford reported that he has driven
straight trucks for 30 years, accumulating 930,000 miles. He holds an
operator's license from North Carolina. His driving record for the last
3 years shows no crashes and no convictions for moving violations in a
CMV.
Lawrence A. Fox
Mr. Fox, 59, has had a corneal scar in his left eye since
childhood. The visual acuity in his right eye is 20/15, and in his left
eye, hand motion. Following an examination in 2014, his ophthalmologist
stated, ``Mr. Fox's visual deficiency is stable and in my medical
opinion [he] has sufficient vision to perform . . . the driving tasks
required to operate a commercial vehicle.'' Mr. Fox reported that he
has driven straight trucks for 37 years, accumulating 37,000 miles, and
tractor-trailer combinations for 37 years, accumulating 740,000 miles.
He holds a Class ABCDM CDL from Wisconsin. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Donald H. Fuller
Mr. Fuller, 75, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is 20/400, and in his left eye, 20/
30. Following an examination in 2014, his ophthalmologist stated,
``Poor central vision OD and this has been stable since young childhood
and I see no acute deterioration in his vision . . . This letter/note
supports Mr [sic] Fuller in obtaining and keeping his CDL . . . This is
the first time I have evaluated him and due to his clean record I feel
he is safe to cont [sic] driving under CDL guidelines . . . In my
medical opinion I feel he can maintain his CDL . . . He must cont [sic]
to wear correction.'' Mr. Fuller reported that he has driven tractor-
trailer combinations for 30 years, accumulating 1.95 million miles. He
holds a Class A CDL from New York. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Viktor V. Goluda
Mr. Goluda, 22, has had refractive amblyopia secondary to injury in
his right eye since childhood. The visual acuity in his right eye is
20/80, and in his left eye, 20/20. Following an examination in 2014,
his optometrist stated, ``It is my professional opinion that Viktor
Goluda has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Goluda reported that he has driven
straight trucks for 4 years, accumulating 120,000 miles. He holds an
operator's license from South Carolina. His driving record for the last
3 years shows no crashes and 1 conviction for a moving violation in a
CMV; he exceeded that speed limit by 20 mph.
Todd M. Harguth
Mr. Harguth, 55, has had a central retinal vein occlusion in his
left eye since 2006. The visual acuity in his right eye is 20/20, and
in his left eye, 20/400. Following an examination in 2014, his
optometrist stated, ``Todd has sufficient vision to perform the driving
tasks required to operate a commercial vehicle, in my opinion.'' Mr.
Harguth reported that he has driven straight trucks for 40 years,
accumulating 200,000 miles, and tractor-trailer combinations for 25
years, accumulating 780,000 miles. He holds a Class A CDL from
Minnesota. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Dennis W. Helgeson
Mr. Helgeson, 59, has vision loss in his left eye due to a
traumatic incident during childhood. The visual acuity in his right eye
is 20/20, and in his left eye, 20/400. Following an examination in
2014, his optometrist stated, ``He has sufficient vision to operate a
commercial vehicle.'' Mr. Helgeson reported that he has driven straight
trucks for 2 years, accumulating 11,000 miles. He holds a Class B CDL
from Minnesota. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Ronnie L. Henry
Mr. Henry, 53, has complete loss of vision in his left eye due to a
traumatic incident in 1997. The visual acuity in his right eye is 20/
20, and in his left eye, no light perception. Following an examination
in 2014, his optometrist stated, ``I certify that, in my medical
opinion, this patient has sufficient vision to operate a commercial
motor vehicle.'' Mr. Henry reported that he has driven tractor-trailer
combinations for 27 years, accumulating 810,000 miles. He holds a Class
A CDL from Kansas. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Clarence K. Hill
Mr. Hill, 42, has a macular scar with a macular hole in his left
eye due to a traumatic incident in 1989. The visual acuity in his right
eye is 20/20, and in his left eye, 20/200. Following an examination in
2014, his optometrist stated, ``I feel that Mr. Hill has sufficient
vision at this time to perform the driving tasks to operate a
commercial vehicle.'' Mr. Hill reported that he has driven tractor-
trailer combinations for 3 years, accumulating 180,546 miles. He holds
a Class A CDL from North Carolina. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
James Holmes
Mr. Holmes, 46, 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/
400. Following an examination in 2013, his optometrist stated,
``Regarding his eyes and vision, according to my medial [sic] opinion,
there is no reason Mr. Holmes cannot safely drive a commercial
vehicle.'' Mr. Holmes reported that he has driven straight trucks for 2
years, accumulating 40,000 miles. He holds an operator's license from
Georgia. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Johnny L. Irving
Mr. Irving, 64, has had a macular hole and glaucoma in his right
eye since 2007. The visual acuity in his right eye is 20/160, and in
his left eye, 20/20. Following an examination in 2014, his
ophthalmologist stated that, in his medical opinion, Mr. Irving does
have sufficient vision to operate a commercial motor vehicle. Mr.
Irving reported that he has driven tractor-trailer combinations for 13
years, accumulating 1.63 million miles. He holds a Class A CDL from
Mississippi. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Garfield J. Johnson
Mr. Johnson, 64, has glaucoma in his right eye due to a traumatic
incident in 1998. The visual acuity in his right eye is counting
fingers, and in his left eye, 20/20. Following an examination in 2013,
his ophthalmologist stated, ``Mr. Johnson has maintained a commercial
license since 1966 per history of patient with good driving record and
thus has demonstrated that he has sufficient vision to perform the
driving tasks required to operate a commercial vehicle and should
qualify for exemption based upon his longstanding good driving history
of commercial vehicles per patient with the present visual deficiency
in right eye.'' Mr. Johnson reported that he has driven straight trucks
for 47 years,
[[Page 38655]]
accumulating 235,000 miles, tractor-trailer combinations for 47 years,
accumulating 2.35 million miles, and buses for 20 years, accumulating
200,000 miles. He holds a Class A CDL from North Carolina. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.
Kevin L. Jones
Mr. Jones, 41, has a prosthetic left eye due to a traumatic
incident during childhood. The visual acuity in his right eye is 20/15,
and in his left eye, no light perception. Following an examination in
2014, his ophthalmologist stated that, in his opinion, Mr. Jones does
have sufficient vision to operate a commercial motor vehicle safely.
Mr. Jones reported that he has driven straight trucks for 14 years,
accumulating 210,000 miles. He holds an operator's license from
Georgia. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Michael L. Kautz
Mr. Kautz, 51, has had a central vein occlusion in his right eye
since 2002. The visual acuity in his right eye is 20/150, and in his
left eye, 20/20. Following an examination in 2014, his optometrist
stated, ``Based on Mr. Keutz's [sic] eye exam today, it is in my
professional opinion that he demonstrates sufficient vision to perfomr
[sic] the driving tasks required to operate a commercial vehicle.'' Mr.
Kautz reported that he has driven straight trucks for 15 years,
accumulating 225,000 miles. He holds an operator's license from
California. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Keith A. Kelley
Mr. Kelley, 56, has had chronic centreal serous chorioretinopathy
with early polypoidal choroidal vasculopathy in his left eye since
2005. The visual acuity in his right eye is 20/15, and in his left eye,
20/70. Following an examination in 2014, his ophthalmologist stated,
``In my opinion, he will have no problem performing driving tests or
operating a commercial vehicle and has done so without problem for many
years with his current minor visual deficit in one eye.'' Mr. Kelley
reported that he has driven tractor-trailer combinations for 25 years,
accumulating 2.22 million miles. He holds a Class A CDL from Maine. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Stetson W. King
Mr. King, 56, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is 20/70, and in his left eye, 20/
25. Following an examination in 2014, his optometrist stated, ``I
certify that Mr. Steven [sic] King has sufficient vision to perform
driving tasks required to operate a commercial vehicle.'' Mr. King
reported that he has driven straight trucks for 12 years, accumulating
600,000 miles. He holds a Class B CDL from Florida. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Bradley E. Loggins
Mr. Loggins, 34, has a macular scar in his left eye due to a
traumatic incident during childhood. The visual acuity in his right eye
is 20/20, and in his left eye, 20/350. Following an examination in
2014, his optometrist stated, ``In my medical opinion, he has
sufficient vision to perform driving tasks required to operate a
commercial vehicle.'' Mr. Loggins reported that he has driven straight
trucks for 8 years, accumulating 8,000 miles, and tractor-trailer
combinations for 8 years, accumulating 640,000 miles. He holds a Class
A CDL from Alabama. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Joe C. Mason
Mr. Mason, 66, has complete loss of vision in his left eye due to a
traumatic incident in 1989. The visual acuity in his right eye is 20/
20, and in his left eye, no light perception. Following an examination
in 2014, his ophthalmologist stated, ``I believe that he has sufficient
vision to perform the driving task required to operate a commercial
vehicle.'' Mr. Mason reported that he has driven straight trucks for 9
years, accumulating 1,800 miles, and tractor-trailer combinations for
20 years, accumulating 40,000 miles. He holds a Class A CDL from
Arkansas. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
David L. Miller
Mr. Miller, 60, has had a subforeal choroidal neovascular membrane
in his right eye since 2004. The visual acuity in his right eye is 20/
400, and in his left eye, 20/20. Following an examination in 2014, his
optometrist stated, ``David Miller has been under my care since 3/02/
1999 and has sufficient vision to perform the driving tasks required to
operate a commercial vehicle and obtain a CDL license.'' Mr. Miller
reported that he has driven buses for 12 years, accumulating 72,000
miles. He holds a Class C CDL from Ohio. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Earl L. Mokma
Mr. Mokma, 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,
counting fingers. Following an examination in 2014, his optometrist
stated, ``In my opinion Earl has sufficient vision to drive a
commercial vehicle.'' Mr. Mokma reported that he has driven straight
trucks for 43 years, accumulating 860,000 miles, and tractor-trailer
combinations for 5 years, accumulating 100,000 miles. He holds a Class
CA CDL from Michigan. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Timothy W. Nappier
Mr. Nappier, 50, has had a retinal detachment and bilateral
intermediate uveitis in his left eye since 2011. The visual acuity in
his right eye is 20/20, and in his left eye, 20/100. Following an
examination in 2014, his optometrist stated that, in his medical
opinion, Mr. Nappier does have the sufficient vision to operate a
commercial motor vehicle. Mr. Nappier reported that he has driven
tractor-trailer combinations for 24 years, accumulating 60,000 miles.
He holds a Class CA CDL from Michigan. His driving record for the last
3 years shows no crashes and one conviction for a moving violation in a
CMV; he exceeded the speed limit by 5 mph.
Donald L. Nisbet
Mr. Nisbet, 51, 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/
200. Following an examination in 2014, his ophthalmologist stated, ``In
my opinion, he has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Nisbet reported that he
has driven straight trucks for 35 years, accumulating 875,000 miles,
and buses for 2 years, accumulating 2,000 miles. He holds a Class B CDL
from Washington. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Jace E. Nixon
Mr. Nixon, 49, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is 20/50, and in his left eye, 20/
20. Following an examination in 2014, his optometrist
[[Page 38656]]
stated, ``In my professional opinion, I believe Jace Nixon is visually
competent to drive a commercial vehicle.'' Mr. Nixon reported that he
has driven straight trucks for 30 years, accumulating 45,000 miles,
tractor-trailer combinations for 25 years, accumulating 37,500 miles,
and buses for 1 year, accumulating 3,000 miles. He holds a Class A CDL
from Iowa. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Don R. Padley
Mr. Padley, 70, has complete loss of vision in his left eye due to
a traumatic incident in 1972. The visual acuity in his right eye is 20/
40, and in his left eye, no light perception. Following an examination
in 2014, his optometrist stated, ``In my opinion, Mr. Padley has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Padley reported that he has driven tractor-
trailer combinations for 48 years, accumulating 4.8 million miles. He
holds a Class A CDL from Missouri. His driving record for the last 3
years shows no crashes and 1 conviction for a moving violation in a
CMV; he exceeded the speed limit by 10 mph.
David T. Perkins
Mr. Perkins, 43, has had optic nerve hypoplasia in his right eye
since birth. The visual acuity in his right eye is no light perception,
and in his left eye, 20/15. Following an examination in 2014, his
ophthalmologist stated, ``I do not believe his visual disability in the
right eye significantly impairs his ability to drive a commercial
vehicle with reasonable safety.'' Mr. Perkins reported that he has
driven straight trucks for 25 years, accumulating 212,500 miles. He
holds a Class B CDL from New York. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Donald W. Rich
Mr. Rich, 80, has had aphakia and an optic nerve pallor in his left
eye since 1964. The visual acuity in his right eye is 20/25, and in his
left eye, no light perception. Following an examination in 2014, his
ophthalmologist stated that he certifies that, in his medical opinion,
Mr. Rich has sufficient vision to perform the driving tasks required to
operate a commercial vehicle. Mr. Rich reported that he has driven
straight trucks for 42 years, accumulating 504,000 miles, and tractor-
trailer combinations for 10 years, accumulating 120,000 miles. He holds
a Class A CDL from Illinois. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Joaquin C. Rodriguez
Mr. Rodriguez, 46, has had cellophane retinopathy in his right eye
since 2008. The visual acuity in his right eye is 20/200, and in his
left eye, 20/20. Following an examination in 2014, his optometrist
stated, ``Joaquin sees well enough to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Rodriguez reported that
he has driven straight trucks for 30 years, accumulating 720,000 miles.
He holds an operator's license from New Mexico. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Harry W. Root
Mr. Root, 54, has optic nerve atrophy in his right eye due to a
traumatic incident during childhood. The visual acuity in his right eye
is 20/2000, and in his left eye, 20/20. Following an examination in
2014, his optometrist stated, ``His vision is adequate to operate a
commercial vehicle in my opinion.'' Mr. Root reported that he has
driven tractor-trailer combinations for 4 years, accumulating 60,000
miles. He holds a Class A CDL from Minnesota. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
David A. Shaw
Mr. Shaw, 53, has aphakia with a corneal scar and iris rupture in
his right eye due to a traumatic incident during childhood. The visual
acuity in his right eye is counting fingers, and in his left eye, 20/
15. Following an examination in 2014, his optometrist stated, ``It is
my medical opinion that David has the necessary vision required to
operate a commercial vehicle.'' Mr. Shaw reported that he has driven
tractor-trailer combinations for 20 years, accumulating 2.16 million
miles. He holds a Class A CDL from California. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Kenneth C. Smith
Mr. Smith, 54, has had glaucoma and macular degeneration in his
left eye since 2010. The visual acuity in his right eye is 20/20, and
in his left eye, 20/50. Following an examination in 2014, his
ophthalmologist stated, ``It is my opinion that Mr. Smith has
sufficient vision to operate a commercial vehicle.'' Mr. Smith reported
that he has driven tractor-trailer combinations for 13 years,
accumulating 1.01 million miles. He holds a Class A CDL from
Mississippi. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Paul W. Sorenson
Mr. Sorenson, 58, has had retinal detachment in his right eye since
2012. The visual acuity in his right eye is 20/50, and in his left eye,
20/25. Following an examination in 2014, his optometrist stated, ``In
my opinion, he has sufficient and adequate vision needed to operate a
commercial vehicle.'' Mr. Sorenson reported that he has driven tractor-
trailer combinations for 36 years, accumulating 5.62 million miles. He
holds a Class A CDL from Utah. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Randall H. Tempel
Mr. Tempel, 61, has a retinal detachment and cataract in his right
eye due to a traumatic incident in 1998. The visual acuity in his right
eye is counting fingers, and in his left eye, 20/20. Following an
examination in 2014, his optometrist stated, ``In my opinion he has
sufficient vision to perform the driving tasks required to operative
[sic] a commercial vehicle.'' Mr. Tempel reported that he has driven
straight trucks for 38 years, accumulating 76,000 miles, tractor-
trailer combinations for 18 years, accumulating 1.98 million miles, and
buses for 1 year, accumulating 1,000 miles. He holds a Class A CDL from
Montana. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Christopher P. Thornby
Mr. Thornby, 50, has a prosthetic right eye due to a traumatic
incident during childhood. The visual acuity in his right eye is no
light perception, and in his left eye, 20/20. Following an examination
in 2014, his optometrist stated, ``I had the pleasure of seeing Chris
Thornby in my office on Monday, April 7, 2014 for a comprehensive eye
examination for his interstate commercial DOT license . . . In my
professional opinion, Mr. Thornby can safely perform the driving tasks
required to operate a motor vehicle with or without a corrective lens
for his remaining eye (left). His prosthetic right eye, other than
limited depth perception, does not limit this ability.'' Mr. Thornby
reported that he has driven straight trucks for 5 years, accumulating
115,000 miles, and buses for 1 year, accumulating 20,000 miles. He
holds a Class A CDL from Minnesota. His driving record for the last 3
years shows
[[Page 38657]]
no crashes and no convictions for moving violations in a CMV.
Cory J. Tivnan
Mr. Tivnan, 37, 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/
60. Following an examination in 2014, his optometrist stated, ``In my
opinion, this man has sufficient vision to perform the driving tasks
required to operate a Commercial Motor Vehicle [sic].'' Mr. Tivnan
reported that he has driven straight trucks for 1 year, accumulating
35,000 miles, and tractor-trailer combinations for 12 years,
accumulating 1.2 million miles. He holds a Class A CDL from Washington.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Melvin V. VanMeter
Mr. VanMeter, 55, has had longstanding optic nerve atrophy in his
left eye since childhood. The visual acuity in his right eye is 20/25,
and in his left eye, counting fingers. Following an examination in
2014, his ophthalmologist stated, ``I certify, that in my professional
opinion, Mr. Van Meter's [sic] visual deficiency is stable, and it is
my professional opinion, based on his many years operating a commercial
vehicle with this current level of vision, that he has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. VanMeter reported that he has driven tractor-trailer
combinations for 33 years, accumulating 165,000 miles. He holds an
operator's license from Pennsylvania. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Kent J. VanRoekel
Mr. VanRoekel, 52, has had complete loss of vision in his right eye
since birth. The visual acuity in his right eye is no light perception,
and in his left eye, 20/20. Following an examination in 2013, his
optometrist stated, ``I certify in my medical opinion that Kent
VanRoekel has sufficient stable vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. VanRoekel reported that
he has driven straight trucks for 5 years, accumulating 125,000 miles,
and buses for 5 months, accumulating 20,000 miles. He holds a Class C
CDL from Minnesota. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Wilbert Walden
Mr. Walden, 51, has had optic atrophy in his right eye since
childhood. The visual acuity in his right eye is hand motion, and in
his left eye, 20/20. Following an examination in 2014, his optometrist
stated, ``Hand motion vision in right eye. Right eye vision reduction
since he was 4 years old. Fine to operate a commercial motor vehicle.''
Mr. Walden reported that he has driven straight trucks for 5 years,
accumulating 150,000 miles, and tractor-trailer combinations for 6
years, accumulating 240,000 miles. He holds a Class A CDL from North
Carolina. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Patrick J. Ward
Mr. Ward, 64, has had strabismic amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/400, and in his
left eye, 20/20. Following an examination in 2014, his ophthalmologist
stated, ``Mr [sic] Ward has a corrected visual acuity right eye of 20/
400 for distance, left eye corrected visual acuity 20/20 for distance .
. . In my opinion the patient, with this history, can continue driving
a commercial vehicle and should be given the exemption.'' Mr. Ward
reported that he has driven straight trucks for 40 years, accumulating
800,000 miles. He holds a Class B CDL from New Jersey. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.
Ricky W. Witt
Mr. Witt, 60, has a prosthetic left eye due to a traumatic incident
during childhood. The visual acuity in his right eye is 20/20, and in
his left eye, no light perception. Following an examination in 2014,
his optometrist stated, ``I feel that Mr. Witt has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Witt reported that he has driven tractor-trailer combinations for
40 years, accumulating 1.56 million miles. He holds a Class A CDL from
Iowa. His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
John D. Woods
Mr. Woods, 47, has had a retinal detachment his right eye since
1987. The visual acuity in his right eye is 20/50, and in his left eye,
20/20. Following an examination in 2014, his optometrist stated, ``His
vision is stable and with his left eye unaffected, Mr. Woods is very
capable of operating a commercial motorized vehicle while wearing his
prescription glasses.'' Mr. Woods reported that he has driven straight
trucks for 2 years, accumulating 110,000 miles, and tractor-trailer
combinations for 24 years, accumulating 1.44 million miles. He holds a
Class CA CDL from Michigan. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Zachary J. Workman
Mr. Workman, 27, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/50, and in his left
eye, 20/20. Following an examination in 2014, his optometrist stated,
``In my medical opinion Mr [sic] Workman has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Workman reported that he has driven straight trucks for 4 years,
accumulating 208,000 miles. He holds a Class B CDL from Idaho. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
FMCSA has evaluated the eligibility of the 52 applicants and
determined that granting the exemptions to these individuals would
achieve a level of safety equivalent to or greater than the level that
would be achieved by complying with the current regulation 49 CFR
391.41(b)(10). Absent the receipt of comments indicating that a
driver's ability would not achieve the aforementioned level of safety,
the Agency will grant the drivers an exemption the day after the
comment period closes.
Vision and Driving Experience of the Applicants
The vision requirement in the FMCSRs provides:
A person is physically qualified to drive a commercial motor
vehicle 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 red, green,
and amber (49 CFR 391.41(b)(10)).
FMCSA recognizes that some drivers do not meet the vision
requirement but have adapted their driving to accommodate their vision
limitation and demonstrated their ability to drive safely. The 52
exemption applicants listed in this notice are in this category.
[[Page 38658]]
They are unable to meet the vision requirement in one eye for various
reasons, and in most cases their eye conditions were not recently
developed. Twenty-nine of the applicants were either born with their
vision impairments or have had them since childhood. The 23 individuals
that sustained their vision conditions as adults have had it for a
period of 2 to 50 years.
Although each applicant has one eye which does not meet the vision
requirement in 49 CFR 391.41(b)(10), each has at least 20/40 corrected
vision in the other eye, and in a doctor's opinion, has sufficient
vision to perform all the tasks necessary to operate a CMV. Doctors'
opinions are supported by the applicants' possession of valid
commercial driver's licenses (CDLs) or non-CDLs to operate CMVs. Before
issuing CDLs, States subject drivers to knowledge and skills tests
designed to evaluate their qualifications to operate a CMV.
All of these applicants satisfied the testing requirements for
their State of residence. By meeting State licensing requirements, the
applicants demonstrated their ability to operate a CMV, with their
limited vision, to the satisfaction of the State.
While possessing a valid CDL or non-CDL, these 52 drivers have been
authorized to drive a CMV in intrastate commerce, even though their
vision disqualified them from driving in interstate commerce. The
qualifications, experience, and medical condition of each applicant is
stated and discussed in detail above.
Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the vision requirement in 49 CFR 391.41(b)(10) if the exemption is
likely to achieve an equivalent or greater level of safety than would
be achieved without the exemption. Without the exemption, applicants
will continue to be restricted to intrastate driving. With the
exemption, applicants can drive in interstate commerce. Thus, our
analysis focuses on whether an equal or greater level of safety is
likely to be achieved by permitting each of these drivers to drive in
interstate commerce as opposed to restricting him or her to driving in
intrastate commerce.
To evaluate the effect of these exemptions on safety, FMCSA
considered the medical reports about the applicants' vision as well as
their driving records and experience with the vision deficiency.
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 3
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 demonstrate 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 non-concurrent events
is the number of single convictions. This study used 3 consecutive
years of data, comparing the experiences of drivers in the first 2
years with their experiences in the final year.
Applying principles from these studies to the past 3-year record of
the 52 applicants, none of the drivers were involved in crashes and
four were convicted of moving violations in a CMV. All the applicants
achieved a record of safety while driving with their vision impairment,
demonstrating the likelihood that they have adapted their driving
skills to accommodate their condition. As the applicants' ample driving
histories with their vision deficiencies are good predictors of future
performance, FMCSA concludes their ability to drive safely can be
projected into the future.
FMCSA believes that the applicants' intrastate driving experience
and history provide an adequate basis for predicting their ability to
drive safely in interstate commerce. Intrastate driving, like
interstate operations, involves substantial driving on highways on the
interstate system and on other roads built to interstate standards.
Moreover, driving in congested urban areas exposes the driver to more
pedestrian and vehicular traffic than exists on interstate highways.
Faster reaction to traffic and traffic signals is generally required
because distances between them are more compact. These conditions tax
visual capacity and driver response just as intensely as interstate
driving conditions. The veteran drivers in this proceeding have
operated CMVs safely under those conditions for at least 3 years, most
for much longer. Their experience and driving records lead us to
believe that each applicant is capable of operating in interstate
commerce as safely as he/she has been performing in intrastate
commerce. Consequently, FMCSA finds that exempting these applicants
from the vision requirement in 49 CFR 391.41(b)(10) is likely to
achieve a level of safety equal to that existing without the exemption.
For this reason, the Agency is granting the exemptions for the 2-year
period allowed by 49 U.S.C. 31136(e) and 31315 to the 52 applicants
listed in this notice.
We recognize that the vision of an applicant may change and affect
his/her ability to operate a CMV as safely as in the past. As a
condition of the exemption, therefore, FMCSA will impose requirements
on the 52 individuals consistent with the Grandfathering provisions
applied to drivers who participated in the Agency's vision waiver
program.
Those requirements are found at 49 CFR 391.64(b) and include the
following: (1) That each individual be physically examined every year
(a) by an ophthalmologist or optometrist who attests that the vision in
the better eye
[[Page 38659]]
continues to meet the requirement in 49 CFR 391.41(b)(10) and (b) by a
medical examiner who attests that the individual 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 the employer for retention in the driver's qualification file, or
keep a copy in his/her driver's qualification file if he/she is self-
employed. The driver must have a copy of the certification when
driving, for presentation to a duly authorized Federal, State, or local
enforcement official.
In accordance with 49 U.S.C. 31136(e) and 31315, each exemption
will be valid for 2 years unless revoked earlier by FMCSA. 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 and 31315.
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. The Agency will consider all comments
received before the close of business August 7, 2014. Comments will be
available for examination in the docket at the location listed under
the ADDRESSES section of this notice. The Agency will file comments
received after the comment closing date in the public docket, and will
consider them to the extent practicable.
In addition to late comments, FMCSA will also continue to file, in
the public docket, relevant information that becomes available after
the comment closing date. Interested persons should monitor the public
docket for new material.
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-2014-0007 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 material received during the
comment period and may change this proposed rule based on your
comments. FMCSA may issue a final rule at any time after the close of
the comment period.
Viewing Comments and Documents
To view comments, as well as any documents mentioned in this
preamble, To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number
FMCSA-2014-0007 and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to the
proposed rulemaking.
Issued on: June 30, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-15930 Filed 7-7-14; 8:45 am]
BILLING CODE 4910-EX-P