Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
18 June 2018
[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)]
[Notices]
[Pages 28320-28323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13007]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2018-0012]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
[[Page 28321]]
ACTION: Notice of applications for exemption; request for comments.
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SUMMARY: FMCSA announces receipt of applications from 12 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 July 18, 2018.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2018-0012 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 12 individuals listed in this notice have requested an
exemption from the vision requirement in 49 CFR 391.41(b)(10).
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting an exemption will achieve the
required level of safety mandated by statute.
The physical qualification standard for drivers regarding vision
found in 49 CFR 391.41(b)(10) states that a person is physically
qualified to drive a CMV if that person has distant visual acuity of at
least 20/40 (Snellen) in each eye without corrective lenses or visual
acuity separately corrected to 20/40 (Snellen) or better with
corrective lenses, distant binocular acuity of at least 20/40 (Snellen)
in both eyes with or without corrective lenses, field of vision of at
least 70[deg] in the horizontal Meridian in each eye, and the ability
to recognize the colors of traffic signals and devices showing standard
red, green, and amber.
In July 1992, the Agency first published the criteria for the
Vision Waiver Program, which listed the conditions and reporting
standards that CMV drivers approved for participation would need to
meet (Qualification of Drivers; Vision Waivers, 57 FR 31458, July 16,
1992). The current Vision Exemption Program was established in 1998,
following the enactment of amendments to the statutes governing
exemptions made by Sec. 4007 of the Transportation Equity Act for the
21st Century (TEA-21), Public Law 105-178, 112 Stat. 107, 401 (June 9,
1998). Vision exemptions are considered under the procedures
established in 49 CFR part 381 subpart C, on a case-by-case basis upon
application by CMV drivers who do not meet the vision standards of 49
CFR 391.41(b)(10).
To qualify for an exemption from the vision requirement, FMCSA
requires a person to present verifiable evidence that he/she has driven
a commercial vehicle safely with the vision deficiency for the past
three years. Recent driving performance is especially important in
evaluating future safety, according to several research studies
designed to correlate past and future driving performance. Results of
these studies support the principle that the best predictor of future
performance by a driver is his/her past record of crashes and traffic
violations. Copies of the studies may be found at Docket Number FMCSA-
1998-3637.
FMCSA believes it can properly apply the principle to monocular
drivers, because data from the Federal Highway Administration's (FHWA)
former waiver study program clearly demonstrated the driving
performance of experienced monocular drivers in the program is better
than that of all CMV drivers collectively (See 61 FR 13338, 13345,
March 26, 1996). The fact that experienced monocular drivers
demonstrated safe driving records in the waiver program supports a
conclusion that other monocular drivers, meeting the same qualifying
conditions as those required by the waiver program, are also likely to
have adapted to their vision deficiency and will continue to operate
safely.
The first major research correlating past and future performance
was done in England by Greenwood and Yule in 1920. Subsequent studies,
building on that model, concluded that crash rates for the same
individual exposed to certain risks for two different time periods vary
only slightly (See Bates and Neyman, University of California
Publications in Statistics, April 1952). Other studies demonstrated
theories of predicting crash proneness from crash history coupled with
other factors. These factors--such as age, sex, geographic location,
mileage driven and conviction history--are used every day by insurance
companies and motor vehicle bureaus to predict the probability of an
individual experiencing future crashes (See Weber,
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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
Mark F. Besco
Mr. Besco, 27, has had a macular scar in his right eye since
childhood. The visual acuity in his right eye is 20/100, and in his
left eye, 20/20. Following an examination in 2018, his ophthalmologist
stated, ``He has no color deficiency in either eye and in our
professional medical opinion he has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Besco
reported that he has driven straight trucks for two years, accumulating
13,000 miles, and tractor-trailer combinations for two years,
accumulating 20,000 miles. He holds a Class A CDL from Iowa. His
driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.
William T. Cummins
Mr. Cummins, 71, has complete loss of vision in his right eye due
to a traumatic incident in 1979. The visual acuity in his right eye is
no light perception, and in his left eye, 20/20. Following an
examination in 2018, his optometrist stated, ``It is my medical opinion
that Mr. Cummins has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Cummins reported that
he has driven straight trucks for 15 years, accumulating 37,500 miles,
and tractor-trailer combinations for 25 years, accumulating 1.56
million miles. He holds a Class DMA CDL from Kentucky. His driving
record for the last three years shows no crashes and no convictions for
moving violations in a CMV.
Aaron L. Fox
Mr. Fox, 34, had his left eye enucleated due to toxoplasmosis 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
ophthalmologist stated, ``I believe that Mr. Fox has sufficient vision
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Fox reported that he has driven straight trucks for nine
years, accumulating 450,000 miles and tractor-trailer combinations for
one year, accumulating 117,000 miles. He holds a Class A CDL from Ohio.
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.
Ryan N. Goyne
Mr. Goyne, 37, has retinal scarring 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 2018, his optometrist stated, ``I feel Mr. Goyne has
adequate vision to perform tasks required to operate a commercial
vehicle.''
Mr. Goyne reported that he has driven straight trucks for six
years, accumulating 36,000 miles. He holds an operator's license from
Arkansas. His driving record for the last three years shows no crashes
and no convictions for moving violations in a CMV.
Eric M. Kohrs
Mr. Kohrs, 26, has had 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 2018, his optometrist stated, ``In my
opinion, given Eric's total visual field OU and BCVA OU Eric should be
able to perform the required visual tasks to operate a commercial
vehicle.'' Mr. Kohrs reported that he has driven straight trucks for
four years, accumulating 10,400 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.
Michael P. Mazza
Mr. Mazza, 51, has had a macular scar in his left eye since birth.
The visual acuity in his right eye is 20/10, and in his left eye, 20/
150. Following an examination in 2018, his optometrist stated, ``Mr.
Mazza has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Mazza reported that he has driven
straight trucks for 32 years, accumulating 1.6 million miles and
tractor-trailer combinations for 16 years, accumulating 800,000 miles.
He holds a Class A CDL from Washington. His driving record for the last
three years shows no crashes and no convictions for moving violations
in a CMV.
James L. Okonek
Mr. Okonek, 54, had his left eye enucleated due to a tumor in 2006.
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, ``It is my medical opinion that Mr. Okonek has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Okonek reported that he has driven straight trucks for
14 years, accumulating 1.82 million miles, tractor-trailer combinations
for five years, accumulating 50,000 miles, and buses for five years,
accumulating 60,000 miles. He holds a Class ABCDM CDL from Wisconsin.
His driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.
Jeffrey S. Rockhill
Mr. Rockhill, 37, 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 2018, his optometrist
stated, ``Jeff has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Rockhill reported that
he has driven straight trucks for 17 years, accumulating 34,000 miles,
and tractor-trailer combinations for 17 years, accumulating 51,000
miles. He holds a Class A CDL from Kansas. His driving record for the
last three years shows no crashes and no convictions for moving
violations in a CMV.
Travis D. Summerville
Mr. Summerville, 38, has aphakia in his left eye due to a traumatic
incident in childhood. The visual acuity in his right eye is 20/20, and
in his left eye, hand motion. Following an examination in 2018, his
optometrist stated, ``Mr. Summerville has sufficient vision to operate
a commercial vehicle.'' Mr. Summerville reported that he has driven
straight trucks for three years, accumulating 50,400 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.
Lora D. Swindall
Ms. Swindall, 50, has had amblyopia in her right eye since birth.
The visual acuity in her right eye is 20/200, and in her left eye, 20/
20. Following an examination in 2018, her optometrist stated, ``In my
medical opinion, Ms. Swindall's vision is sufficient for safely
operating a motorized commercial vehicle.'' Ms. Swindall reported that
she has driven straight trucks for 12 years,
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accumulating 300,000 miles, and tractor-trailer combinations for 12
years, accumulating 780,000 miles. She holds a Class AM CDL from
Alabama. Her driving record for the last three years shows one crash,
which she was not cited for, and no convictions for moving violations
in a CMV.
Francis J. Toth
Mr. Toth, 61, has complete loss of vision in his left eye due to a
traumatic incident in 2012. The visual acuity in his right eye is 20/
20, and in his left eye, no light perception. Following an examination
in 2017, his ophthalmologist stated, ``In my professional opinion, Mr.
Toth does have sufficient vision to perform the driving test required
to operate a commercial vehicle.'' Mr. Toth reported that he has driven
tractor-trailer combinations for 38 years, accumulating 2.85 million
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.
Joseph A. Zaccaro
Mr. Zaccaro, 77, has had a chorioretinal scar in his left eye since
1992. The visual acuity in his right eye is 20/30, and in his left eye,
20/300. Following an examination in 2018, his ophthalmologist stated,
``In Dr. Mock's professional opinion, the patient has sufficient vision
to operated [sic] a commercial vehicle.'' Mr. Zaccaro reported that he
has driven straight trucks for 40 years, accumulating 600,000 miles,
and tractor-trailer combinations for 40 years, accumulating 600,000
miles. He holds a Class A CDL from Alabama. His driving record for the
last three years shows no crashes and no convictions for moving
violations in a CMV.
III. Request for Comments
In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments and material
received before the close of business on the closing date indicated in
the dates section of the notice.
IV. Submitting Comments
You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission.
To submit your comment online, go to http://www.regulations.gov and
in the search box insert the docket number FMCSA-2018-0012 and click
the search button. When the new screen appears, click on the blue
``Comment Now!'' button on the right hand side of the page. On the new
page, enter information required including the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. If you submit your comments by mail or
hand delivery, submit them in an unbound format, no larger than 8\1/2\
by 11 inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the facility,
please enclose a stamped, self-addressed postcard or envelope.
We will consider all comments and materials received during the
comment period. FMCSA may issue a final determination at any time after
the close of the comment period.
V. Viewing Comments and Documents
To view comments, as well as any documents mentioned in this
preamble, go to http://www.regulations.gov and in the search box insert
the docket number FMCSA-2018-0012 and click ``Search.'' Next, click
``Open Docket Folder'' and you will find all documents and comments
related to this notice.
Issued on: June 11, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-13007 Filed 6-15-18; 8:45 am]
BILLING CODE 4910-EX-P