Qualification of Drivers; Exemption Applications; Vision |
|---|
|
Larry W. Minor
Federal Motor Carrier Safety Administration
June 19, 2014
[Federal Register Volume 79, Number 118 (Thursday, June 19, 2014)]
[Notices]
[Pages 35212-35218]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14335]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2014-0006]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of applications for exemption from the vision
requirement, request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces receipt of applications from 34 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 July 21, 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-
[[Page 35213]]
2014-0006 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 34 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
Abdullahi M. Abukar
Mr. Abukar, 29, has a prosthetic right eye due to a traumatic
incident in 2009. 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, ``Patient is capable of operating
commercial vehicle.'' Mr. Abukar reported that he has driven straight
trucks for 6 years, accumulating 31,200 miles, and tractor-trailer
combinations for 19 months, accumulating 5200 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.
Gregory K. Banister
Mr. Banister, 52, has had glaucoma secondary to Sturge-Weber
Syndrome in his left eye since 2002. The visual acuity in his right eye
is 20/20, and in his left eye, 20/100. Following an examination in
2014, his ophthalmologist stated, ``In my medical opinion, Mr. Banister
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Banister reported that he has driven
tractor-trailer combinations for 36 years, accumulating 4.32 million
miles. He holds a Class A CDL from South Carolina. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Amanuel W. Behon
Mr. Behon, 41, has a large chorioretinal scar over macula 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, no light perception. Following
an examination in 2014, his optometrist stated, ``In my medical
opinion, Mr. Behon's vision is sufficient to perform the tasks required
to operate a commercial vehicle.'' Mr. Behon reported that he has
driven tractor-trailer combinations for 3 years, accumulating 144,600
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.
Oscar N. Bolton
Mr. Bolton, 72, has central vision loss in his left eye due to a
traumatic incident in 1985. The visual acuity in his right eye is 20/
20, and in his left eye, counting fingers. Following an examination in
2013, his optometrist stated, ``I see no reason, other than normal
vision changes that come with aging, that Mr. Bolton should not be able
to have sufficient vision to perform driving tasks required to operate
a commercial vehicle.'' Mr. Bolton reported that he has driven straight
trucks for 9 years, accumulating 324,000 miles, and tractor-trailer
combinations for 30 years, accumulating 5.4 million miles. He holds a
Class A CDL from Ohio. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Kenneth W. Bos
Mr. Bos, 43, has had complete loss of vision in his left eye since
2004. The visual acuity in his right eye is 20/20, and in his left eye,
no light perception. Following an examination in 2013, his optometrist
stated, ``In my opinion, Kenneth has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Bos
reported that he has driven straight trucks for 9.5 years, accumulating
541,500 miles, and tractor-trailer combinations for 25 years,
accumulating 56,250 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.
Jerry W. Brinson
Mr. Brinson, 54, 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/
100. Following an examination in 2013, his ophthalmologist stated,
``With this level of field of vision, in my medical opinion, he can
safely perform driving tasks of a commercial vehicle.'' Mr. Brinson
reported that he has driven straight trucks for 17 years, accumulating
552,500 miles, and tractor-trailer combinations for 20 years,
accumulating 2 million miles. He holds a Class AM CDL from Georgia. His
[[Page 35214]]
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Michael C. Brown
Mr. Brown, 51, has had an idiopathic choroidial neovascular
membrane in his left eye since 2010. 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, ``In my medical opinion I do believe Mr.
Brown has adequate vision for holding a commercial drivers [sic]
license.'' Mr. Brown reported that he has driven straight trucks for 34
years, accumulating 136,000 miles, and tractor-trailer combinations for
33 years, accumulating 2.97 million miles. He holds an operator's
license from Indiana. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Larry O. Burr
Mr. Burr, 60, has had aniosometropic 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 2014, his optometrist
stated, ``In my opinion, I believe that Larry Burr has sufficient
vision required to operate a commercial vehicle.'' Mr. Burr reported
that he has driven straight trucks for 25 years, accumulating 1.4
million miles. He holds a Class BCDM CDL from Wisconsin. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.
Brian L. Elliot
Mr. Elliot, 51, has a retinal detachment and 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, 20/250.
Following an examination in 2013, his ophthalmologist stated, ``In my
opinion his visual function is adequate for him to operate a commercial
vehicle.'' Mr. Elliot reported that he has driven straight trucks for
26 years, accumulating 624,000 miles. He holds a Class A CDL from
Missouri. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Juneau A. Faulkner
Mr. Faulkner, 52, has a central macular scar in his left eye due to
a traumatic incident in 1982. The visual acuity in his right eye is 20/
20, and in his left eye, 20/100. Following an examination in 2013, his
optometrist stated that, in his opinion, Mr. Faulkner does have
sufficient vision to operate a commercial motor vehicle safely. Mr.
Faulkner reported that he has driven straight trucks for 18 years,
accumulating 90,000 miles, and buses for 8 years, accumulating 8,000
miles. He holds a Class B CDL from Georgia. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Gregory E. Gage
Mr. Gage, 48, has had amblyopia and strabismus in his left eye
since childhood. The visual acuity in his right eye is 20/20, and in
his left eye, 20/70. Following an examination in 2014, his optometrist
stated, ``Mr. Gage has amblyopia and strabismus in his left eye. The
condition is stable and should be sufficient to drive a commercial
vehicle.'' Mr. Gage reported that he has driven straight trucks for 17
years, accumulating 595,000 miles. He holds an operator's license from
Iowa. His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Robert Hall III
Mr. Hall, 49, has had amblyopia in his left eye since 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 Dr. Richard Shank [sic] Certifies [sic] that in my medical
opinion that Mr. Robert Hall III has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Hall
reported that he has driven straight trucks for 10 years, accumulating
125,000 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.
Bradley C. Hansell
Mr. Hansell, 27, has a cataract 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, 20/200. Following an examination in 2014, his
optometrist stated, ``In my medical opinion Mr. Hansell has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Hansell reported that he has driven straight trucks for
3 years, accumulating 150,000 miles. He holds an operator's license
from Oregon. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Andrew P. Hawkins
Mr. Hawkins, 25, has had a retinal scar in his right eye since
birth. 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 medical opinion, Andrew Hawkins has sufficient vision
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Hawkins reported that he has driven straight trucks for
4 years, accumulating 4,000 miles. He holds an operator's license from
South Carolina. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Daniel Hollins
Mr. Hollins, 37, has had refractive anisometropia with amblyopia in
his left eye since 2003. 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, ``It is my professional opinion that Daniel Hollins
has sufficient visual skills to be able to carry out all visual tasks
required to successfully operate a commercial vehicle.'' Mr. Hollins
reported that he has driven straight trucks for 7 years, accumulating
280,000 miles, and tractor-trailer combinations for 8 years,
accumulating 728,000 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.
Clarence H. Jacobsma
Mr. Jacobsma, 64, has had strabismic amblyopia in his right eye
since childhood. The visual acuity in his right eye is 20/150, and in
his left eye, 20/20. Following an examination in 2013, his optometrist
stated, ``Having examined Mr. Jacobsma's eyes for the last sixteen
years, I believe he has sufficient vision to operate a commercial
vehicle.'' Mr. Jacobsma reported that he has driven straight trucks for
35 years, accumulating 350,000 miles, and tractor-trailer combinations
for 35 years, accumulating 350,000 miles. He holds an operator's
license from Indiana. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Samuel L. Klaphake
Mr. Klaphake, 60, has had amblyopia in his left eye since birth.
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 recently saw Sam Klaphake for a complete eye examination on
2/27/2014 . . . I am confident in my assessment of Mr. Klaphake and in
the
[[Page 35215]]
fact that he shows no signs of being a risk to himself or others in the
operation of a commercial motor vehicle.'' Mr. Klaphake reported that
he has driven straight trucks for 15 years, accumulating 1.8 million
miles, and tractor-trailer combinations for 20 years, accumulating 2.4
million 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.
Timothy L. Klose
Mr. Klose, 75, has had optic nerve cupping, astigmatism, and
presbyopia in his right eye since birth. The visual acuity in his right
eye is 20/125, and in his left eye, 20/20. Following an examination in
2014, his optometrist stated, ``I believe that Tim Klose has sufficient
vision to perform driving tasks required to operate a commercial
vehicle.'' Mr. Klose reported that he has driven straight trucks for 59
years, accumulating 2.07 million miles, and tractor-trailer
combinations for 51 years, accumulating 765,000 miles. He holds a Class
AM CDL from Pennsylvania. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.
Phillip E. Mason
Mr. Mason, 53, has had amblyopia due to astigmatism in his left eye
since birth. 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, ``In my opinion Phillip has no vision concerns which would
impact his ability to safely operate a commercial vehicle.'' Mr. Mason
reported that he has driven straight trucks for 43 years, accumulating
860,000 miles. He holds a Class A CDL from Missouri. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
David P. Monti
Mr. Monti, 65, has had optic neuropathy in his right eye since
1990. The visual acuity in his right eye is 20/200, and in his left
eye, 20/20. Following an examination in 2013, his ophthalmologist
certified that, in his medical opinion, Mr. Monti has sufficient vision
to operate a commercial motor vehicle. Mr. Monti reported that he has
driven straight trucks for 18 years, accumulating 270,000 miles. He
holds an operator's license from New Jersey. His driving record for the
last 3 years shows no crashes and 1 conviction for a moving violation
in a CMV; he was cited for unsafe operation of a motor vehicle.
Timothy L. Morton
Mr. Morton, 40, has had amblyopia in his right eye since birth. The
visual acuity in his right eye is 20/100, and in his left eye, 20/20.
Following an examination in 2013, his optometrist stated, ``An
amblyopic patient is generally unfazed by this condition since
adaptation begins from birth. I see no reason to expect his driving
skills to be affected by this. He should be cleared to drive a
commercial vehicle from a visual standpoint in my opinion.'' Mr. Morton
reported that he has driven straight trucks for 7 years, accumulating
70,000 miles, and tractor-trailer combinations for 15 years,
accumulating 750,000 miles. He holds a Class A CDL from North Carolina.
His driving record for the last 3 years shows 2 crashes, for which he
was not cited, and no convictions for moving violations in a CMV.
Larry G. Nikkel
Mr. Nikkel, 29, 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, ``Mr. Nikkel appears to have sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Nikkel reported that he has driven straight trucks for
12 years, accumulating 240,000 miles, and tractor-trailer combinations
for 14 years, accumulating 560,000 miles. He holds an operator's
license from Washington. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.
Kenneth A. Orrino
Mr. Orrino, 62, has a chorioretinal scar to macula and optic nerve
in his left eye due to a traumatic incident in 1970. 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, ``. . . [I]n my medical
opinion, Mr. Kenneth Orrino has sufficient vision to perform the
driving tasks required to operate a commercial vehicle in interstate
commerce.'' Mr. Orrino reported that he has driven straight trucks for
44 years, accumulating 1.1 million miles, and tractor-trailer
combinations for 44 years, accumulating 2.64 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.
Ruel W. Reed
Mr. Reed, 43, 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 2013, his optometrist stated, ``I don't
see any reason, visually, why he should not be able to safely operate a
commercial vehicle across state lines if he has already been deemed
able to within North Carolina.'' Mr. Reed reported that he has driven
buses for 4 years, accumulating 32,000 miles. He holds a Class B CDL
from North Carolina. His driving record for the last 3 years shows 5
crashes, one of which he contributed to by following too closely, and
no convictions for moving violations in a CMV.
Jose L. Sanchez
Mr. Sanchez, 33, 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, ``Mr.
Sanchez has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Sanchez reported that he has driven
tractor-trailer combinations for 6.5 years, accumulating 526,500 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.
Nicholas J. Schiltgen
Mr. Schiltgen, 21, has had Coat's Disease in his left eye since
birth. The visual acuity in his right eye is 20/20, and in his left
eye, counting fingers. Following an examination in 2013, his
optometrist stated, ``In my opinion, I do feel that Nicolas [sic] does
have sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Schiltgen reported that he has driven
straight trucks for 3 years, accumulating 90,000 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.
Warren J. Shatzer
Mr. Shatzer, 63, has had Reiter's Syndrome in his left eye since
1997. The visual acuity in his right eye is 20/25, and in his left eye,
20/400. Following an examination in 2013, his ophthalmologist stated,
``On his last full examination on December 27, 2013, his best vision
was 20/25 in the right eye without prescription and 20/400 in the left
eye . . . He does have color blindness, but states that he has been
driving commercially for many years; therefore, I believe that he
understands how to observe the red lights . . . I believe that he
passes the certification
[[Page 35216]]
stating that he needs to have 120 degrees horizontally with both eyes
open and since he has been driving for many years, although with color
blindness, he can determine what a stop light is instructing him to
do.'' Mr. Shatzer reported that he has driven straight trucks for 25
years, accumulating 1.38 million miles. He holds a Class A CDL from
Pennsylvania. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Loren A. Smith
Mr. Smith, 56, has a detached retina in his left eye due to a
traumatic incident in 1990. 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, ``I feel his vision is more than adequate to
perform driving tasks required to operate a commercial vehicle.'' Mr.
Smith reported that he has driven straight trucks for 32 years,
accumulating 2.56 million miles, and tractor-trailer combinations for
32 years, accumulating 2.56 million miles. He holds a Class A3 from
South Dakota. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Harlan L. Sugars
Mr. Sugars, 75, has a corneal scar in his right eye due to a
traumatic incident during childhood. The visual acuity in his right eye
is 20/400, and in his left eye, 20/20. Following an examination in
2013, his optometrist stated, ``I feel that Mr. Sugars has the vision
to operate a commercial vehicle.'' Mr. Sugars reported that he has
driven tractor-trailer combinations for 55 years, accumulating 4.68
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.
Seth D. Sweeten
Mr. Sweeten, 36, has a retinal detachment in his left eye due to a
traumatic incident in 2011. 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, ``I believe his vision is sufficient to
perform the tasks required of operating a commercial vehicle in the
same capacity that he has been for 17 years.'' Mr. Sweeten reported
that he has driven straight trucks for 2 years, accumulating 100,000
miles, and tractor-trailer combinations for 17 years, accumulating
901,000 miles. He holds a Class A CDL from Idaho. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
George R. Tieskoetter
Mr. Tieskoetter, 57, has had congenital optic nerve coloboma in his
right eye since birth. 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, ``It is in my medical opinion that Mr.
Tieskoetter's stable visual difficulties do not pose a safety threat
associated with his ability to drive and he should be granted a
commercial driver's license.'' Mr. Tieskoetter reported that he has
driven tractor-trailer combinations for 33 years, accumulating 1.98
million miles. He holds a Class A CDL from Iowa. 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 10 mph.
Ronald L. Weiss
Mr. Weiss, 49, has an injury to a muscle that causes the left eye
to wander inward and downward due to a traumatic incident in 2010. The
visual acuity in his right eye is 20/20, and in his left eye, 20/20,
however, he is unable to use both eyes simultaneously. Following an
examination in 2013, his optometrist stated, ``In my opinion, Ron
should be able to perform the driving tasks to safely operate a
commercial vehicle.'' Mr. Weiss reported that he has driven straight
trucks for 30 years, accumulating 450,000 miles, and tractor-trailer
combinations for 25 years, accumulating 375,000 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.
John T. White, Jr.
Mr. White, 53, has retinal damage in his left eye due to a
traumatic incident in 2003. 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, ``On examination today, his visual acuity without
correction of the right eye was 20/20 and the left 20/400 . . . To the
best of my knowledge he should be able to operate a commercial
vehicle.'' Mr. White reported that he has driven tractor-trailer
combinations for 29 years, accumulating 2.9 million 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.
Henry P. Wurtz
Mr. Wurtz, 53, 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 2013, his optometrist stated, ``His
condition has been stable and in my medical opinion, he has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Wurtz reported that he has driven tractor-trailer
combinations for 20 years, accumulating 70,000 miles. He holds a Class
A CDL from South Dakota. 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 34 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). If the Agency does not receive any comments that
indicate 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 34
exemption applicants listed in this notice are in this category. 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. Nineteen of the applicants were either born with their
vision impairments or have had them since childhood. The 15 individuals
that sustained their vision conditions as adults have had it for a
period of 4 to 44 years.
[[Page 35217]]
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 34 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 34 applicants, two of the drivers were involved in crashes and two
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 34 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 34 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 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
[[Page 35218]]
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 July 21, 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-2014-0006 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-2014-0006 and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to the
proposed rulemaking.
Issued on: June 9, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-14335 Filed 6-18-14; 8:45 am]
BILLING CODE 4910-EX-P