Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
18 September 2017
[Federal Register Volume 82, Number 179 (Monday, September 18, 2017)]
[Notices]
[Pages 43647-43651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19759]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2017-0023]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of applications for exemption; request for comments.
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SUMMARY: FMCSA announces receipt of applications from 25 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 October 18, 2017.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2017-0023 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
[[Page 43648]]
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 two 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
two year period.
The 25 individuals listed in this notice have requested an
exemption from the vision requirement in 49 CFR 391.41(b)(10).
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting an exemption will achieve the
required level of safety mandated by statute.
The physical qualification standard for drivers regarding vision
found in 49 CFR 391.41(b)(10) states that a person is physically
qualified to drive a CMV if that person:
Has distant visual acuity of at least 20/40 (Snellen) in each
eye without corrective lenses or visual acuity separately corrected
to 20/40 (Snellen) or better with corrective lenses, distant
binocular acuity of at least 20/40 (Snellen) in both eyes with or
without corrective lenses, field of vision of at least 70[deg] in
the horizontal Meridian in each eye, and the ability to recognize
the colors of traffic signals and devices showing standard red,
green, and amber.
In July 1992, the Agency first published the criteria for the
Vision Waiver Program, which listed the conditions and reporting
standards that CMV drivers approved for participation would need to
meet (Qualification of Drivers; Vision Waivers, 57 FR 31458, July 16,
1992). The current Vision Exemption Program was established in 1998,
following the enactment of amendments to the statutes governing
exemptions made by Sec. 4007 of the Transportation Equity Act for the
21st Century (TEA-21), Public Law 105-178, 112 Stat. 107, 401 (June 9,
1998). Vision exemptions are considered under the procedures
established in 49 CFR part 381 subpart C, on a case-by-case basis upon
application by CMV drivers who do not meet the vision standards of 49
CFR 391.41(b)(10).
To qualify for an exemption from the vision requirement, FMCSA
requires a person to present verifiable evidence that he/she has driven
a commercial vehicle safely with the vision deficiency for the past
three years. Recent driving performance is especially important in
evaluating future safety, according to several research studies
designed to correlate past and future driving performance. Results of
these studies support the principle that the best predictor of future
performance by a driver is his/her past record of crashes and traffic
violations. Copies of the studies may be found at Docket Number FMCSA-
1998-3637.
FMCSA believes it can properly apply the principle to monocular
drivers, because data from the Federal Highway Administration's (FHWA)
former waiver study program clearly demonstrated the driving
performance of experienced monocular drivers in the program is better
than that of all CMV drivers collectively (See 61 FR 13338, 13345,
March 26, 1996). The fact that experienced monocular drivers
demonstrated safe driving records in the waiver program supports a
conclusion that other monocular drivers, meeting the same qualifying
conditions as those required by the waiver program, are also likely to
have adapted to their vision deficiency and will continue to operate
safely.
The first major research correlating past and future performance
was done in England by Greenwood and Yule in 1920. Subsequent studies,
building on that model, concluded that crash rates for the same
individual exposed to certain risks for two different time periods vary
only slightly (See Bates and Neyman, University of California
Publications in Statistics, April 1952). Other studies demonstrated
theories of predicting crash proneness from crash history coupled with
other factors. These factors--such as age, sex, geographic location,
mileage driven and conviction history--are used every day by insurance
companies and motor vehicle bureaus to predict the probability of an
individual experiencing future crashes (See Weber, Donald C.,
``Accident Rate Potential: An Application of Multiple Regression
Analysis of a Poisson Process,'' Journal of American Statistical
Association, June 1971). A 1964 California Driver Record Study prepared
by the California Department of Motor Vehicles concluded that the best
overall crash predictor for both concurrent and nonconcurrent events is
the number of single convictions. This study used three consecutive
years of data, comparing the experiences of drivers in the first two
years with their experiences in the final year.
II. Qualifications of Applicants
Paul A. Bartels
Mr. Bartels, 73, 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 2017, his optometrist stated, ``In my
opinion, he has sufficient vision to perform the daily tasks required
to operate a commercial vehicle.'' Mr. Bartels reported that he has
driven tractor-trailer combinations for 17 years, accumulating 1.8
million 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.
Harold J. Bartley, Jr.
Mr. Bartley, 49, has aphakia in his left eye due to a traumatic
incident in childhood. The visual acuity in his right eye is 20/20, and
in his left eye, 20/400. Following an examination in 2017, his
optometrist stated, ``Mr. Bartley has sufficient vision to drive a
commercial vehicle.'' Mr. Bartley reported that he has driven straight
trucks for 13 years, accumulating 260,000 miles, and tractor-trailer
combinations for nine years, accumulating 270,000 miles. He holds a
Class A CDL from Kentucky. His driving record for the last three years
shows no crashes and no convictions for moving violations in a CMV.
Charles C. Berns
Mr. Berns, 54, has fibrotic scarring in his right eye due to a
traumatic incident in childhood. The visual acuity in his right eye is
hand motion, and in his left eye, 20/20. Following an examination in
2017, his optometrist stated, ``It is my opinion that this patient has
stable, long-standing vision deficiency in the right eye only and has
sufficient visual acuity and peripheral vision in the left eye to
operate a commercial vehicle safely.'' Mr. Berns reported that he has
driven straight trucks for 26 years, accumulating 39,000 miles, and
tractor-trailer combinations for 56 years, accumulating 42,000 miles.
He holds a Class A CDL from Iowa. His driving record for the last three
years shows no
[[Page 43649]]
crashes and no convictions for moving violations in a CMV.
Eric L. Boyle, Jr.
Mr. Boyle, 31, has had amblyopia 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 2017, his ophthalmologist stated,
``Based on today's exam, in my medical opinion the patient has
sufficient vision to perform driving tasks required to operate a
commercial vehicle.'' Mr. Boyle reported that he has driven straight
trucks for six years, accumulating 273,000 miles. He holds an
operator's license from Maryland. His driving record for the last three
years shows no crashes and no convictions for moving violations in a
CMV.
Jeremiah E. Casey
Mr. Casey, 37, has a cataract in his right eye due to a traumatic
incident in childhood. The visual acuity in his right eye is 20/100,
and in his left eye, 20/20. Following an examination in 2017, his
optometrist stated, ``In my medical opinion, Jeremiah Casey has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Casey reported that he has driven straight
trucks for two years, accumulating 10,000 miles, and tractor-trailer
combinations for seven years, accumulating 525,000 miles. He holds a
Class A CDL from Missouri. His driving record for the last three years
shows no crashes but one conviction for speeding in a CMV; he exceeded
the speed limit by ten mph.
Leonard M. Cassieri
Mr. Cassieri, 69, has a prosthetic right eye due to a traumatic
incident in 1975. The visual acuity in his right eye is no light
perception, and in his left eye, 20/20. Following an examination in
2017, his ophthalmologist stated, ``Patient has sufficient vision for
driving and operating a commercial vehicle.'' Mr. Cassieri reported
that he has driven straight trucks for 50 years, accumulating 110,000
miles, and tractor-trailer combinations for 50 years, accumulating
110,000 miles. He holds a Class A CDL from California. His driving
record for the last three years shows one crash, which he was not cited
for, and one conviction for speeding in a CMV; he exceeded the speed
limit by 22 mph.
Mr. Randy J. Conrad
Mr. Conrad, 63, has a prosthetic right eye due to a traumatic
incident in 1972. 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, ``Based on these findings, I feel Randy
J. Conrad has the visual abilities to continue operating a commercial
motor vehicle in interstate commerce because the loss of his left eye
occurred in 1972 and he has been driving a commercial vehicle since
around 1973.'' Mr. Conrad reported that he has driven straight trucks
for 40 years, accumulating two million miles, and tractor-trailer
combinations for two years, accumulating 50,000 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.
Jimmie E. Curtis
Mr. Curtis, 36, has had retinal neovascularization in his left eye
since 2010. 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 medical opinion, he is visually capable of driving a
commercial vehicle.'' Mr. Curtis reported that he has driven straight
trucks for 16 years, accumulating 402,000 miles, and tractor-trailer
combinations for 16 years, accumulating 402,000 miles. He holds a Class
A CDL from New Mexico. His driving record for the last three years
shows no crashes and no convictions for moving violations in a CMV.
Daniel E. Delano
Mr. Delano, 60, has complete loss of vision in his right eye due to
a traumatic incident in 1990. 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, ``In my medical opinion, Mr. Daniel
Delano has sufficient vision to perform the driving tasks to operate a
commercial vehicle.'' Mr. Delano reported that he has driven straight
trucks for five years, accumulating 190,000 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.
Jonathan P. Edwards
Mr. Edwards, 42, 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 2017, his optometrist stated, ``In my
medical opinion, Jonathan Edwards has sufficient vision to perform
driving tasks for a commercial vehicle.'' Mr. Edwards reported that he
has driven straight trucks for six years, accumulating 210,000 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.
James A. Green
Mr. Green, 61, 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/
80. Following an examination in 2017, his optometrist stated, ``In my
opinion, Mr. Green has sufficient vision to operate a commercial
vehicle.'' Mr. Green reported that he has driven straight trucks for 35
years, accumulating 27,335 miles. He holds a Class A CDL from Illinois.
His driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.
Richard Healy
Mr. Healy, 52, has retinal scarring in his left eye due to an
infection in childhood. The visual acuity in his right eye is 20/20,
and in his left eye, counting fingers. Following an examination in
2017, his ophthalmologist stated, ``In my medical opinion, Richard
Healy has sufficient vision to perform all driving tasks required to
operate a commercial vehicle.'' Mr. Healy reported that he has driven
straight trucks for 14 years, accumulating 560,000 miles. He holds an
operator's license from Maryland. His driving record for the last three
years shows no crashes and no convictions for moving violations in a
CMV.
Tommy G. Hillis
Mr. Hillis, 63, has had a chorioretinal scar in his left eye since
childhood. 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. Tommy Hillis has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Hillis reported that he has driven straight
trucks for two years, accumulating 100,000 miles, and tractor-trailer
combinations for 35 years, accumulating 2.5 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.
Richard A. Honstad
Mr. Honstad, 44, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
50. Following an examination in 2017, his optometrist
[[Page 43650]]
stated, ``In my opinion Richard has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Honstad
reported that he has driven straight trucks for 17 years, accumulating
144,000 miles. He holds an operator's license from Minnesota. His
driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.
Stephen M. Lovell
Mr. Lovell, 61, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is count fingers, and in his left
eye, 20/20. Following an examination in 2017, his ophthalmologist
stated, ``He is safe to operate a commercial vehicle in my opinion,
even though his vision is uniocular.'' Mr. Lovell reported that he has
driven straight trucks for 38 years, accumulating 3.23 million miles.
He holds a Class AM CDL from Texas. His driving record for the last
three years shows no crashes and no convictions for moving violations
in a CMV.
Thomas P. Maio
Mr. Maio, 30, has had amblyopia in 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 optometrist stated, ``In my
professional opinion, Mr. Maio has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Maio
reported that he has driven straight trucks for eight years,
accumulating 600,000 miles, and tractor-trailer combinations for eight
years, accumulating 4,000 miles. He holds a Class A CDL from Maine. His
driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.
Carlos Marquez
Mr. Marquez, 49, has had a retinal detachment in his left eye due
to a traumatic incident in 1975. 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, ``Mr. Carlos Marquez has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Marquez reported that he has driven tractor-trailer
combinations for ten years, accumulating one million 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.
Jason L. McBride
Mr. McBride, 40, has complete loss of vision of 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, ``I believe he has
adequate vision for operation of a commercial vehicle.'' Mr. McBride
reported that he has driven tractor-trailer combinations for 16 years,
accumulating 2.4 million miles. He holds a Class CA CDL from Michigan.
His driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.
Dennis M. Olson
Mr. Olson, 55, 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/
125. Following an examination in 2017, his optometrist stated, ``In my
medical opinion, Dennis Olson has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Olson
reported that he has driven straight trucks for 20 years, accumulating
10,000 miles, and tractor-trailer combinations for 20 years,
accumulating 8,000 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.
Kameron W. Quinalty
Mr. Quinalty, 27, has had macular coloboma in his left eye since
birth. The visual acuity in his right eye is 20/20, and in his left
eye, 20/100. Following an examination in 2017, his optometrist stated,
``Mr. Quinalty exhibits excellent visual skills . . . in my
professional opinion, based on the testing performed today, Mr.
Quinalty should function well enough to continue drive [sic]
commercially.'' Mr. Quinalty reported that he has driven straight
trucks for seven years, accumulating 17,500 miles. He holds a Class B
CDL from Arkansas. His driving record for the last three years shows no
crashes and no convictions for moving violations in a CMV.
Daniel C. Sagert
Mr. Sagert, 53, has complete loss of vision in his left eye due to
a traumatic incident 1999. 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, ``In my medical opinion, after evaluating
Mr. Sagert with a formal eye examination on 4/26/2017 and field of
vision test on 4/28/2017, Mr [sic] Sagert has sufficient vision to
perform the driving tasks involved with operating a commercial
vehicle.'' Mr. Sagert reported that he has driven straight trucks for
17 years, accumulating 442,000 miles, and tractor-trailer combinations
for 17 years, accumulating 442,000 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.
Robert D. Steele
Mr. Steele, 55, 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 optometrist stated, ``In my
opinion, this man has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Steele reported that he
has driven tractor-trailer combinations for 37 years, accumulating 2.59
million 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.
Richard C. Strassburg
Mr. Strassburg, 62, has phthisis bulbi in his right eye due to a
traumatic incident in 2013. The visual acuity in his right eye is light
perception, and in his left eye, 20/25. Following an examination in
2017, his ophthalmologist stated, ``I do believe that the patient does
have sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Strassburg reported that he has driven
straight trucks for 45 years, accumulating 450,000 miles, tractor-
trailer combinations for 44 years, accumulating 3.3 million miles, and
buses for two years, accumulating 20,000 miles. He holds a Class AM CDL
from New York. His driving record for the last three years shows no
crashes and no convictions for moving violations in a CMV.
Jeremy E. Studebaker
Mr. Studebaker, 41, has had a prosthetic right eye since 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, ``In my opinion, Jeremy appears to have sufficient vision in
his left eye to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Studebaker reported that he has driven
straight trucks for 13 years, accumulating 130,000 miles. He holds an
operator's license from Indiana. His driving record for the last
[[Page 43651]]
three years shows no crashes and no convictions for moving violations
in a CMV.
Daniel D. Woodworth
Mr. Woodworth, 56, 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 2017, his optometrist stated,
``In my medical opinion, I do believe that the patient has sufficient
vision to perform the driving task [sic] required to operate a
commercial vehicle.'' Mr. Woodworth reported that he has driven
straight trucks for 35 years, accumulating 700,000 miles, and tractor-
trailer combinations for 25 years, accumulating 750,000 miles. He holds
an operator's license from Louisiana. 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 comments 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-2017-0023 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-2017-0023 and click ``Search.'' Next, click
``Open Docket Folder'' and you will find all documents and comments
related to this notice.
Issued on: September 11, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-19759 Filed 9-15-17; 8:45 am]
BILLING CODE 4910-EX-P