Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
3 September 2019
[Federal Register Volume 84, Number 170 (Tuesday, September 3, 2019)]
[Notices]
[Pages 46088-46091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18973]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2019-0013]
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 19 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 3, 2019.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2019-0013 using any of the
following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov/docket?D=FMCSA-2019-0013. 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: (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, (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-2019-0013), 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/docket?D=FMCSA-2019-0013. 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/docket?D=FMCSA-2019-0013 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.
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(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-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 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
The 19 individuals listed in this notice have requested an
exemption from the vision requirement in 49 CFR 391.41(b)(10).
Accordingly, the Agency
[[Page 46089]]
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 Sec. 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.
On July 16, 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 (57 FR 31458). The current Vision Exemption Program was
established in 14998, 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 Sec. 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 in intrastate commerce 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 https://www.regulations.gov/docket?D=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.\1\ 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.
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\1\ A thorough discussion of this issue may be found in a FHWA
final rule published in the Federal Register on March 26, 1996 and
available on the internet at https://www.govinfo.gov/content/pkg/FR-1996-03-26/pdf/96-7226.pdf.
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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
William D. Amberman
Mr. Amberman, 51, has a retinal detachment in his left eye due to a
traumatic incident in 1987. The visual acuity in his right eye is 20/
20, and in his left eye, hand motion. Following an examination in 2019,
his optometrist stated, ``It is my medical opinion that Mr. Amberman
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Amberman reported that he has driven
straight trucks for 27 years, accumulating 270,000 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.
Dwayne E. Bennett
Mr. Bennett, 53, has chorioretinal scars in his left eye due to an
infection in 2000. 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, ``According to FMSCA [sic] 391.41 the patient would be eligible
for a Commercial Driver's License, and therefore in my medical opinion,
he has sufficient vision to perform the driving tasks required for a
commercial driver's license.'' Mr. Bennet reported that he has driven
straight trucks for 34 years, accumulating 476,000 miles. He holds an
operator's license from Tennessee. His driving record for the last
three years shows no crashes and no convictions for moving violations
in a CMV.
John W. Burnett
Mr. Burnett, 58, has retinal scarring in his right eye due to
sarcoidosis in 1989. The visual acuity in his right eye is counting
fingers, and in his left eye, 20/20. Following an examination in 2019,
his optometrist stated, ``It is my medical opinion that Mr. Burnette
[sic] has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Burnett reported that he has driven
buses for 18 years, accumulating 360,000 miles. He holds a Class B
Enhanced CDL from Washington. His driving record for the last three
years shows no crashes and no convictions for moving violations in a
CMV.
Joseph A. Clark
Mr. Clark, 50, has had Coats disease in his left eye since birth.
The visual acuity in his right eye is 20/20, and in his left eye, no
light perception. Following an examination in 2019, his optometrist
stated, ``In my professional opinion, Joseph's visual deficiency is
stable at this time and he has sufficient vision to operate a
commercial vehicle.'' Mr. Clark reported that he has driven straight
trucks for 11 years, accumulating 264,000 miles, and tractor-trailer
combinations for ten years, accumulating 182,000 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.
Kent N. Davis
Mr. Davis, 55, has corneal scarring in his right eye due to a
traumatic incident in childhood. The visual acuity in his
[[Page 46090]]
right eye is light perception, and in his left eye, 20/20. Following an
examination in 2019, his optometrist stated, ``It is my medical opinion
that Mr. Davis does have sufficient vision required to operate a
commercial vehicle.'' Mr. Davis reported that he has driven straight
trucks for four years, accumulating 42,000 miles, and tractor-trailer
combinations for 25 years, accumulating 4.4 million miles. He holds a
Class A CDL from South Dakota. His driving record for the last three
years shows no crashes and one conviction for a moving violation in a
CMV, illegal lane usage--failure to drive in the right-hand lane.
James W. Day
Mr. Day, 49, has had aphakia in his right eye since birth. The
visual acuity in his right eye is hand motion, and in his left eye, 20/
20. Following an examination in 2019, his optometrist stated, ``It is
our medical opinion that James Day has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Day
reported that he has driven straight trucks for 13 years, accumulating
975,000 miles, and tractor-trailer combinations for 13 years,
accumulating 650,000 miles. He holds a Class A CDL from Virginia. His
driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.
Robert L. Farnsworth
Mr. Farnsworth, 56, has had amblyopia in his left eye since birth.
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 medical opinion, patient has sufficient vision to perform driving
tasks required to operate a commercial vehicle.'' Mr. Farnsworth
reported that he has driven straight trucks for 27 years, accumulating
13,500 miles and tractor-trailer combinations for 27 years,
accumulating 810,000 miles. He holds a Class A CDL from Oregon. His
driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.
Clayton R. Galyean
Mr. Galyean, 44, has had optic neuropathy in his right eye since
2016. The visual acuity in his right eye is 20/300, and in his left
eye, 20/25. Following an examination in 2019, his ophthalmologist
stated, ``Given this, I feel competent in affirming that Mr. Galyean
should be able to operate a commercial vehicle safely as long as his
left eye health is maintained.'' Mr. Galyean reported that he has
driven straight trucks for 18 years, accumulating 432,000 miles, and
tractor-trailer combinations for 18 years, accumulating 432,000 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.
Roy Girlie
Mr. Girlie, 60, has had a central retinal artery occlusion in his
right eye since 2016. The visual acuity in his right eye is 20/80, and
in his left eye, 20/25. Following an examination in 2019, his
optometrist stated, ``In my medical opinion, he has sufficient vision
to perform the driving tests required to operate a commercial
vehicle.'' Mr. Girlie reported that he has driven straight trucks for
36 years, accumulating 900,000 miles, and tractor-trailer combinations
for 39 years, accumulating 3.9 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.
Calvin B. Jones
Mr. Jones, 47, 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 2019 his optometrist stated, ``in
[sic] my opinion, he has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Jones reported that he
has driven straight trucks for 27 years, accumulating 1.4 million
miles. He holds a Class B CDL from Maryland. His driving record for the
last three years shows no crashes and no convictions for moving
violations in a CMV.
Sidney L. Jones, Jr.
Mr. Jones, 65, has a retinal detachment in his left eye due to a
traumatic incident in 1981. The visual acuity in his right eye is 20/
20, and in his left eye, 20/60. Following an examination in 2019, his
optometrist stated, ``In my medical opinion, Mr. Sidney Jones has
sufficient vision to perform the driving tasks required to safely
operate a commercial vehicle.'' Mr. Jones reported that he has driven
straight trucks for 40 years, accumulating 2.8 million miles. He holds
a Class B CDL from Georgia. His driving record for the last three years
shows no crashes and one conviction for a moving violation in a CMV; he
failed to keep in the right lane.
Theodore J. Kenyon
Mr. Kenyon, 75, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is 20/50, and in his left eye, 20/
20. Following an examination in 2018, his optometrist stated, ``It
remains my opinion that Mr. Theodore Kenyou [sic] has more than
sufficient vision to safely operate a commercial vehicle.'' Mr. Kenyon
reported that he has driven straight trucks for 57 years, accumulating
855,000 miles, and tractor-trailer combinations for 32 years,
accumulating 320,000 miles. He holds a Class A CDL from Vermont. His
driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.
Mark V. Kneib
Mr. Kneib, 59, has a prosthetic 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
2019, his optometrist stated, ``Has sufficient vision to perform
driving tasks required to operate a commercial vehicle in my medical
opinion.'' Mr. Kneib reported that he has driven straight trucks for 40
years, accumulating 400,000 miles. He holds an operator's license from
Missouri. His driving record for the last three years shows no crashes
and no convictions for moving violations in a CMV.
Molu H. Mohamed
Mr. Mohamed, 47, has had amblyopia in the 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 2019, his optometrist stated, ``I do
believe Mr. Mohamed has sufficient vision to perform the essential
tasks of driving a commercial vehicle.'' Mr. Mohamed reported that he
has driven tractor-trailer combinations for 14 years, accumulating 1.4
million 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.
Brian E. Monaghan
Mr. Monaghan, 69, 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 2019, his ophthalmologist
stated, ``In my professional opinion, Mr. Monaghan has sufficient
vision to perform driving tasks required to operate a commercial
vehicle.'' Mr. Monaghan reported that he has driven straight trucks for
40 years, accumulating 1.4 million miles.
[[Page 46091]]
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 M. Murphy
Mr. Murphy, 53, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is 20/200, and in his left eye, 20/
20. Following an examination in 2019, his optometrist stated, ``He has
sufficient vision to perform the driving tasks to operate a commercial
vehicle.'' Mr. Murphy reported that he has driven straight trucks for
30 years, accumulating 330,000 miles. He holds an operator's license
from New Jersey. His driving record for the last three years shows no
crashes and no convictions for moving violations in a CMV.
Robert E. Nichols
Mr. Nichols, 43, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/200, and in his
left eye, 20/15. Following an examination in 2019, his ophthalmologist
stated, ``Based on the exam, Robert has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr.
Nichols reported that he has driven straight trucks for two years,
accumulating 6,000 miles, and buses for five years, accumulating 45,000
miles. He holds an operator's license from Nevada. His driving record
for the last three years shows no crashes and no convictions for moving
violations in a CMV.
Jeffery T. Skaggs
Mr. Skaggs, 44, has a crushed orbit in his right eye due to a
traumatic incident in 1996. 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 regards to his vision, I see no
issues with him continuing to drive in full capacity, including a CDL
license.'' Mr. Skaggs reported that he has driven straight trucks for
28 years, accumulating 420,000 miles, and tractor-trailer combinations
for four years, accumulating 220,000 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.
Karol Stankiewicz
Mr. Stankiewicz, 36, has had amblyopia in his left eye since birth.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
80. Following an examination in 2019, his optometrist stated, ``In my
medical opinion, the patient has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr.
Stankiewicz reported that he has driven tractor-trailer combinations
for 14 years, accumulating 700,000 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.
IV. Request for Comments
In accordance with 49 U.S.C. 31136(e) and 31315(b), 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
under the DATES section of the notice.
Issued on: August 21, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-18973 Filed 8-30-19; 8:45 am]
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