Qualification of Drivers; Exemption Applications; Vision |
|---|
|
Larry W. Minor
Federal Motor Carrier Safety Administration
16 January 2018
[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)]
[Notices]
[Pages 2311-2314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00581]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2017-0026]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of applications for exemption; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces receipt of applications from 18 individuals
for an exemption from the vision requirement in the Federal Motor
Carrier Safety Regulations (FMCSRs) to operate a commercial motor
vehicle (CMV) in interstate commerce. If granted, the exemptions will
enable these individuals to operate CMVs in interstate commerce without
meeting the vision requirement in one eye.
DATES: Comments must be received on or before February 15, 2018.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2017-0026 using any of the
following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
e.t., Monday through Friday, except Federal Holidays.
Fax: 1-202-493-2251.
Instructions: Each submission must include the Agency name and the
docket number(s) for this notice. Note that all comments received will
be posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments online.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to http://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at http://www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, (202) 366-4001, fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Docket
Services, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Background
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the FMCSRs for a five-year period if it finds ``such exemption
would likely achieve a level of safety that is equivalent to or greater
than the level that would be achieved absent such exemption.'' The
statute also allows the Agency to renew exemptions at the end of the
five-year period. FMCSA grants exemptions from the FMCSRs for a two-
year period to align with the maximum duration of a driver's medical
certification.
The 18 individuals listed in this notice have requested an
exemption from the vision requirement in 49 CFR 391.41(b)(10).
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting an exemption will achieve the
required level of safety mandated by statute.
The physical qualification standard for drivers regarding vision
found in 49 CFR 391.41(b)(10) states that a person is physically
qualified to drive a CMV if that person has distant visual acuity of at
least 20/40 (Snellen) in each eye without corrective lenses or visual
acuity separately corrected to 20/40 (Snellen) or better with
corrective lenses, distant binocular acuity of at least 20/40 (Snellen)
in both eyes with or without corrective lenses, field of vision of at
least 70[deg] in the horizontal Meridian in each eye, and the ability
to recognize the colors of traffic signals and devices showing standard
red, green, and amber.
In July 1992, the Agency first published the criteria for the
Vision Waiver Program, which listed the conditions and reporting
standards that CMV drivers approved for participation would need to
meet (Qualification of Drivers; Vision Waivers, 57 FR 31458, July 16,
1992). The current Vision Exemption Program was established in 1998,
following the enactment of amendments to the statutes governing
exemptions made by Sec. 4007 of the Transportation Equity Act for the
21st Century (TEA-21), Public Law 105-178, 112 Stat. 107, 401 (June 9,
1998). Vision exemptions are considered under the procedures
established in 49 CFR part 381 subpart C, on a case-by-case basis upon
application by CMV drivers who do not meet the vision standards of 49
CFR 391.41(b)(10).
To qualify for an exemption from the vision requirement, FMCSA
requires a person to present verifiable evidence that he/she has driven
a commercial vehicle safely with the vision deficiency for the past
three years. Recent driving performance is especially important in
evaluating future safety, according to several research studies
designed to correlate past and future driving performance. Results of
these studies support the principle that the best predictor of future
performance by a driver is his/her past record of crashes and traffic
violations. Copies of the studies may be found at Docket Number FMCSA-
1998-3637.
FMCSA believes it can properly apply the principle to monocular
drivers, because data from the Federal Highway Administration's (FHWA)
former waiver study program clearly demonstrated the driving
performance of experienced monocular drivers in the program is better
than that of all CMV drivers collectively (See 61 FR 13338, 13345,
[[Page 2312]]
March 26, 1996). The fact that experienced monocular drivers
demonstrated safe driving records in the waiver program supports a
conclusion that other monocular drivers, meeting the same qualifying
conditions as those required by the waiver program, are also likely to
have adapted to their vision deficiency and will continue to operate
safely.
The first major research correlating past and future performance
was done in England by Greenwood and Yule in 1920. Subsequent studies,
building on that model, concluded that crash rates for the same
individual exposed to certain risks for two different time periods vary
only slightly (See Bates and Neyman, University of California
Publications in Statistics, April 1952). Other studies demonstrated
theories of predicting crash proneness from crash history coupled with
other factors. These factors--such as age, sex, geographic location,
mileage driven and conviction history--are used every day by insurance
companies and motor vehicle bureaus to predict the probability of an
individual experiencing future crashes (See Weber, Donald C.,
``Accident Rate Potential: An Application of Multiple Regression
Analysis of a Poisson Process,'' Journal of American Statistical
Association, June 1971). A 1964 California Driver Record Study prepared
by the California Department of Motor Vehicles concluded that the best
overall crash predictor for both concurrent and nonconcurrent events is
the number of single convictions. This study used three consecutive
years of data, comparing the experiences of drivers in the first two
years with their experiences in the final year.
II. Qualifications of Applicants
Michael H. Eheler, II
Mr. Eheler, 41, 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/
300. Following an examination in 2017, his optometrist stated, ``With
the results of the examination from our office, I believe Michael has
sufficient visual abilities to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Eheler reported that he has driven
tractor-trailer combinations for six years, accumulating 350,000 miles.
He holds an operator's license from Wisconsin. His driving record for
the last three years shows no crashes and no convictions for moving
violations in a CMV.
Roberto Espinosa
Mr. Espinosa, 60, has glaucoma in his left eye due to a traumatic
incident in childhood. The visual acuity in his right eye is 20/30, and
in his left eye, 20/200. Following an examination in 2017, his
ophthalmologist stated, ``I certify, in my medical opinion, the patient
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Espinosa reported that he has driven
tractor-trailer combinations for 19 years, accumulating 2.1 million
miles. He holds a Class A CDL from Florida. His driving record for the
last three years shows no crashes and no convictions for moving
violations in a CMV.
Lee J. Gaffney
Mr. Gaffney, 35, 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/
70. Following an examination in 2017, his ophthalmologist stated, ``Mr.
Gaffney does seem to meet sufficient vision standards to perform
driving tasks to operate a commercial vehicle.'' Mr. Gaffney reported
that he has driven straight trucks for ten years, accumulating 50,000
miles. He holds an operator's license from Ohio. His driving record for
the last three years shows no crashes and no convictions for moving
violations in a CMV.
Mark S. Hale
Mr. Hale, 41, 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 2017, his ophthalmologist stated, ``In
my opinion, he should be allowed to do commercial driving, since his
field of vision is quite good in both eyes.'' Mr. Hale reported that he
has driven straight trucks for three years, accumulating 60,000 miles.
He holds an operator's license from Alabama. His driving record for the
last three years shows one crash, for which he was not cited, and no
convictions for moving violations in a CMV.
Raymundo Maldonado
Mr. Maldonado, 57, has had a macular scar in his left eye since
2013. The visual acuity in his right eye is 20/25, and in his left eye,
20/100. Following an examination in 2017, his ophthalmologist stated,
``I certify Mr. Maldonado has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Maldonado
reported that he has driven straight trucks for 35 years, accumulating
350,000 miles, and tractor-trailer combinations for 35 years,
accumulating 12.25 million miles. He holds a Class A CDL from Texas.
His driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.
Mickey D. McCoy
Mr. McCoy, 46, has had a cataract in his left eye due to a
traumatic incident in 2005. The visual acuity in his right eye is 20/
20, and in his left eye, hand motion. Following an examination in 2017,
his ophthalmologist stated, ``The patient is able to recognize the
colors of a traffic control device in the right eye, and in my medical
opinion he has sufficient vision to perform the driving tasks required
to operate a commercial vehicle and his exam results today validate
that conclusion.'' Mr. McCoy reported that he has driven straight
trucks for ten years, accumulating 125,000 miles and tractor-trailer
combinations for 14 years, accumulating 389,746 miles. He holds a Class
A CDL from Tennessee. His driving record for the last three years shows
no crashes and no convictions for moving violations in a CMV.
Colin D. McGregor
Mr. McGregor, 35, has complete loss of vision in his left eye due
to a traumatic incident in childhood. The visual acuity in his right
eye is 20/20, and in his left eye, no light perception. Following an
examination in 2017, his optometrist stated, ``With 20/20 vision and a
full field vision of 160 degrees in his right eye, I feel Colin can
safely perform the tasks necessary to operate a commercial motor
vehicle.'' Mr. McGregor reported that he has driven straight trucks for
nine years, accumulating 70,200 miles. He holds a Class ABCD CDL from
Wisconsin. His driving record for the last three years shows no crashes
and no convictions for moving violations in a CMV.
Thomas B. Miller
Mr. Miller, 60, has a retinal detachment 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, count fingers. Following an examination in
2017, his optometrist stated, ``He appears to have adequate vision to
operate a commercial vehicle.'' Mr. Miller reported that he has driven
straight trucks for 41 years, accumulating 820,000 miles. He holds an
operator's license from Virginia. His driving record for the last three
years shows no crashes and no convictions for moving violations in a
CMV.
[[Page 2313]]
Ryan J. Plank
Mr. Plank, 42, has a retinal detachment in his right eye due to a
traumatic incident in childhood. The visual acuity in his right eye is
no light perception, and in his left eye, 20/20. Following an
examination in 2017, his optometrist stated, ``I have never driven a
commercial vehicle myself however in my opinion Mr. Plank has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle based on his driving history and meeting the
requirements you have listed.'' Mr. Plank reported that he has driven
straight trucks for four years, accumulating 20,000 miles. He holds an
operator's license from Pennsylvania. His driving record for the last
three years shows no crashes and no convictions for moving violations
in a CMV.
Donald J. Poague
Mr. Poague, 47, has had central scarring in his right eye since
2011. The visual acuity in his right eye is 20/200, and in his left
eye, 20/20. Following an examination in 2017, his optometrist stated,
``Taking into consideration the fact that Mr. Poague has operated
commercial vehicles without any incidences since the vascular event in
his right eye, and the fact that he has good peripheral vision in both
eyes, as well as uncorrected acuity of 20/20 in the left eye, it is my
opinion that he can safely operate vehicles requiring a commercial
drivers [sic] license.'' Mr. Poague reported that he has driven
straight trucks for 25 years, accumulating 2 million miles, and
tractor-trailer combinations for 25 years, accumulating 2 million
miles. He holds a Class A CDL from Georgia. His driving record for the
last three years shows no crashes and no convictions for moving
violations in a CMV.
Jose R. Ponce
Mr. Ponce, 37, has a retinal detachment in his right eye due to a
traumatic incident in 2001. The visual acuity in his right eye is 20/
40, and in his left eye, 20/20. Following an examination in 2017, his
optometrist stated, ``Thus, in my opinion, Mr. Ponce does have
sufficient vision to perform the driving tasks required to operate a
commercial vehicle based on these results and your exemption
requirements.'' Mr. Ponce reported that he has driven straight trucks
for six years, accumulating 150,000 miles. He holds an operator's
license from Texas. His driving record for the last three years shows
no crashes and no convictions for moving violations in a CMV.
Ronald F. Prezzia
Mr. Prezzia, 62, has aphakia in his right eye due to a traumatic
incident in 2014. The visual acuity in his right eye is 20/70, and in
his left eye, 20/40. Following an examination in 2017, his
ophthalmologist stated, ``It is in my medical opinion that Mr. Prezzia
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Prezzia reported that he has driven
straight trucks for 35 years, accumulating 2.62 million miles. He holds
a Class AM CDL from Illinois. His driving record for the last three
years shows no crashes and no convictions for moving violations in a
CMV.
Jorge A. Rodriguez
Mr. Rodriguez, 65, has complete loss of vision in his right eye due
to a traumatic incident in 2001. The visual acuity in his right eye is
no light perception, and in his left eye, 20/20. Following an
examination in 2017, his optometrist stated, ``I believe Mr. Rodriguez
has sufficient vision in [sic] left eye to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Rodriguez reported that
he has driven straight trucks for 37 years, accumulating 1.29 million
miles and tractor-trailer combinations for nine years, accumulating
405,000 miles. He holds a Class AM1 CDL from California. His driving
record for the last three years shows no crashes and no convictions for
moving violations in a CMV.
Jimmy W. Rowland
Mr. Rowland, 50, has retinal scarring in his right eye since 1994.
The visual acuity in his right eye is 20/20, and in his left eye, light
perception. Following an examination in 2017, his optometrist stated,
``In my medical opinion, Mr. Rowland has sufficient vision to perform
the driving tasks to operate a commercial vehicle.'' Mr. Rowland
reported that he has driven straight trucks for 15 years, accumulating
525,000 miles. He holds a Class A CDL from Florida. His driving record
for the last three years shows no crashes and two convictions for
moving violations in a CMV; in both incidents he exceeded the speed
limit by nine mph.
Aaron R. Rupe
Mr. Rupe, 43, has had a macular scar in his left eye since 1992.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
70. Following an examination in 2017, his optometrist stated, ``In my
medical opinion Aaron Rupe has sufficient vision to operate a
commercial motor vehicle.'' Mr. Rupe reported that he has driven
straight trucks for 17 years, accumulating 170,000 miles. He holds an
operator's license from Illinois. His driving record for the last three
years shows no crashes and no convictions for moving violations in a
CMV.
Charles L. Sauls
Mr. Sauls, 50, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is count fingers, and in his left
eye, 20/30. Following an examination in 2017, his optometrist stated,
``I, Alan F. Swinehart OD, certify in my medical opinion that Charles
L. Sauls has sufficient vision to perform driving tasks required to
operate a commercial vehicle.'' Mr. Sauls reported that he has driven
straight trucks for 15 years, accumulating 450,000 miles, and tractor-
trailer combinations for ten years, accumulating 350,000 miles. He
holds a Class A CDL from Florida. His driving record for the last three
years shows no crashes and no convictions for moving violations in a
CMV.
Gary M. Shoultz
Mr. Shoultz, 65, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/70, and in his left
eye, 20/20. Following an examination in 2017, his optometrist stated,
``It is my opinion that Gary possesses sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Shoultz
reported that he has driven straight trucks for four years,
accumulating 164,000 miles. He holds an operator's license from
Indiana. His driving record for the last three years shows no crashes
and no convictions for moving violations in a CMV.
Juan D. Zertuche, Jr.
Mr. Zertuche, 42, 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, 20/25. Following an examination in 2017, his
ophthalmologist stated, ``In my medical opinion, vision is sufficient
to perform driving tasks required to operate a commercial vehicle.''
Mr. Zertuche reported that he has driven straight trucks for five
years, accumulating 50,000 miles, and tractor-trailer combinations for
five years, accumulating 500,000 miles. He holds a Class A CDL from
Texas. His driving record for the last three years shows no crashes and
one conviction for a moving violation in a CMV; he exceeded the speed
limit by 11 mph.
[[Page 2314]]
III. Request for Comments
In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments and material
received before the close of business on the closing date indicated in
the dates section of the notice.
IV. Submitting Comments
You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission.
To submit your comment online, go to http://www.regulations.gov and
in the search box insert the docket number FMCSA-2017-0026 and click
the search button. When the new screen appears, click on the blue
``Comment Now!'' button on the right hand side of the page. On the new
page, enter information required including the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. If you submit your comments by mail or
hand delivery, submit them in an unbound format, no larger than 8\1/2\
by 11 inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the facility,
please enclose a stamped, self-addressed postcard or envelope.
We will consider all comments and materials received during the
comment period. FMCSA may issue a final determination at any time after
the close of the comment period.
V. Viewing Comments and Documents
To view comments, as well as any documents mentioned in this
preamble, go to http://www.regulations.gov and in the search box insert
the docket number FMCSA-2017-0026 and click ``Search.'' Next, click
``Open Docket Folder'' and you will find all documents and comments
related to this notice.
Issued on: January 5, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-00581 Filed 1-12-18; 8:45 am]
BILLING CODE 4910-EX-P