Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
19 June 2019
[Federal Register Volume 84, Number 118 (Wednesday, June 19, 2019)]
[Notices]
[Pages 28619-28621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13009]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2019-0010]
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 ten 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 19, 2019.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2019-0010 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.,
ET, Monday through Friday, except Federal Holidays.
Fax: 1-202-493-2251.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.
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., ET,
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. Public Participation
A. Submitting Comments
If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2019-0010), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. 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,
put the docket number, FMCSA-2019-0010, in the keyword box, and click
``Search.'' When the new screen appears, click on the ``Comment Now!''
button and type your comment into the text box on the following screen.
Choose whether you are submitting your comment as an individual or on
behalf of a third party and then submit.
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.
FMCSA will consider all comments and material received during the
comment period.
B. Viewing Documents and Comments
To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov.
Insert the docket number, FMCSA-2019-0010, in the keyword box, and
click ``Search.'' Next, click the ``Open Docket Folder'' button and
choose the document to review. If you do not have access to the
internet, you may view the docket online by visiting the Docket
Management Facility in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9
a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.
[[Page 28620]]
C. 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 www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
II. 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 ten 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.
III. Qualifications of Applicants
Joseph A. Cardazone
Mr. Cardazone, 63, 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 2019, his ophthalmologist
stated, ``Mr. Cardazone has sufficient vision to operate a commercial
vehicle.'' Mr. Cardazone reported that he has driven straight trucks
for 35 years, accumulating 1.4 million miles. He holds an operator's
license from New Jersey. His driving record for the last three years
shows no crashes and one conviction for a moving violation in a CMV;
failure to observe traffic control device.
Daniel R. Cope, Sr.
Mr. Cope, 63, has a hyphema 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, ``In my opinion, Daniel is visually capable of
driving a commercial vehicle with corrective lenses.'' Mr. Cope
reported that he has driven straight trucks for 42 years, accumulating
8,400 miles, and tractor-trailer combinations for 42 years,
accumulating 84,000 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.
Timothy E. Coultas
Mr. Coultas, 51, 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 2019, his optometrist stated,
``In my professional opinion this applicant has sufficient vision to
perform driving tasks required to operate a commercial vehicle.'' Mr.
Coultas reported that he has driven tractor-trailer combinations for 29
years, accumulating 2.9 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.
Edwin Figueroa
Mr. Figueroa, 47, has had amblyopia 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
[[Page 28621]]
examination in 2019, his ophthalmologist stated, ``His vision is
currently stable. Based on his examination I feel that he is capable of
driving commercial vehicles.'' Mr. Figueroa reported that he has driven
straight trucks for 12 years, accumulating 600,000 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.
Robert F. LaMark
Mr. LaMark, 51, has an enucleated right eye due to a traumatic
incident in 2015. The visual acuity in his right eye is no light
perception, and in his left eye, 20/20. Following an examination in
2019, his optometrist stated, ``In my opinion, Robery [sic] has
sufficient vision to perform his driving tasks to operate a commercial
vehicle.'' Mr. LaMark reported that he has driven straight trucks for
32 years, accumulating 320,000 miles, and tractor-trailer combinations
for 21 years, accumulating 21,000 miles. He holds a Class BM CDL from
Pennsylvania. His driving record for the last three years shows no
crashes and no convictions for moving violations in a CMV.
Con May
Mr. May, 50, has had amblyopia in his left eye since childhood. The
visual acuity in his right eye is 20/20, and in his left eye, 20/400.
Following an examination in 2019, his optometrist stated, ``In my
opinion, he does have the visual skills needed to operate a commercial
vehicle.'' Mr. May reported that he has driven straight trucks for four
years, accumulating 240,000 miles. He holds a Class B CDL from Indiana.
His driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.
Justin E. Schwada
Mr. Schwada, 40, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/30, and in his left eye, 20/
100. Following an examination in 2018, his optometrist stated, ``In my
medical assessment, Mr. Justin Schwada has sufficient vision to perform
the driving tasks required to operate a commercial motor vehicle.'' Mr.
Schwada reported that he has driven straight trucks for 24 years,
accumulating 180,000 miles, tractor-trailer combinations for 19 years,
accumulating 190,000 miles. He holds a Class A CDL from Missouri. His
driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.
Jeffrey A. Sherman
Mr. Sherman, 64, has had macular ischemia in his right eye since
2013. 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, ``In my opinion, Mr. Sherman has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr.
Sherman reported that he has driven straight trucks for 22 years,
accumulating 220,000 miles, and tractor-trailer combinations for 37
years, accumulating 888,000 miles. He holds a Class A CDL from Ohio.
His driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.
Chadwick L. St. John
Mr. St. John, 35, has a retinal detachment 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, light perception. Following an examination
in 2018, his ophthalmologist stated, ``In my medical opinion, the
patient has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. St. John reported that he has
driven straight trucks for ten years, accumulating 600,000 miles. He
holds an operator's license from Alabama. His driving record for the
last three years shows no crashes and no convictions for moving
violations in a CMV.
Clinton A. Vandervoort
Mr. Vandervoort, 63, has a subluxed lens 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, 20/50. Following an examination in 2019,
his ophthalmologist stated, ``In my opinion, the vision is sufficient
to perform driving tasks for a commercial vehicle.'' Mr. Vandervoort
reported that he has driven straight trucks for 39 years, accumulating
374,400 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.
IV. 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.
Issued on: June 7, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-13009 Filed 6-18-19; 8:45 am]
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