Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
10 August 2017
[Federal Register Volume 82, Number 153 (Thursday, August 10, 2017)]
[Notices]
[Pages 37504-37508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16861]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2017-0022]
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 22 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 September 11, 2017.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2017-0022 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
[[Page 37505]]
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 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 22 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
Eddie S. Bennett
Mr. Bennett, 58, 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 ophthalmologist stated, ``In
my medical opinion, Mr. Bennett has sufficient vision to operate a
commercial vehicle.'' Mr. Bennett reported that he has driven straight
trucks for 29 years, accumulating 348,000 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.
Ray M. Bliss
Mr. Bliss, 56, has a prosthetic 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, ``It is my medical opinion that Ray has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Bliss reported that he has driven straight
trucks for 34 years, accumulating 442,000 miles. He holds a Class B CDL
from Minnesota. His driving record for the last three years shows no
crashes and no convictions for moving violations in a CMV.
Gary S. Boryk
Mr. Boryk, 61, 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 2017, his optometrist stated, ``. . .
Mr. Boryk meets the visual requirements for operating a commercial
vehicle . . .'' Mr. Boryk reported that he has driven buses for 16
years,
[[Page 37506]]
accumulating 960,000 miles. He holds a Class BM CDL from Virginia. His
driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.
Jonathan E. Burt
Mr. Burt, 29, 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 2017, his optometrist stated,
``Jonathan has sufficient vision to perform the driving tasks required
to operate a commercial vehicle.'' Mr. Burt reported that he has driven
straight trucks for three years, accumulating 30,000 miles, and
tractor-trailer combinations for seven years, accumulating 525,000
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.
David A. Cooper
Mr. Cooper, 50, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/15, and in his left eye, 20/
70. Following an examination in 2017, his optometrist stated, ``The
patient, David Cooper, has sufficient vision to operate a commercial
vehicle.'' Mr. Cooper reported that he has driven straight trucks for
11 years, accumulating 6,600 miles. He holds an operator's license from
West Virginia. His driving record for the last three years shows no
crashes and no convictions for moving violations in a CMV.
Nicholas M. Deschepper
Mr. Deschepper, 31, 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,
``My understanding of a CDL license is that it requires 20/30 visual
acuity or better of at least one eye with normal color vision and
peripheral vision. It is my opinion that Nick passes all of these
requirements and is safe to operate with a CDL license.'' Mr.
Deschepper reported that he has driven tractor-trailer combinations for
eight years, accumulating 720,000 miles. He holds a Class A3 CDL from
South Dakota. His driving record for the last three years shows no
crashes and no convictions for moving violations in a CMV.
Frank J. Devitz
Mr. Devitz, 34, 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 2017, his optometrist stated, ``In my
opinion, Mr. Devitz has sufficient vision to perform the driving tasks
required to operate a commercial vehicle, especially since he has been
doing so for so many years.'' Mr. Devitz reported that he has driven
tractor-trailer combinations for 12 years, accumulating 780,000 miles.
He holds a Class A CDL from Pennsylvania. His driving record for the
last three years shows no crashes and no convictions for moving
violations in a CMV.
John F. Ferguson, Jr.
Mr. Ferguson, 55, has a scotoma in his right eye due to a traumatic
incident during birth. The visual acuity in his right eye is 20/300,
and in his left eye, 20/20. Following an examination in 2017, his
optometrist stated, ``In my opinion, John has a sufficient visual
acuity and visual field to operate a commercial vehicle.'' Mr. Ferguson
reported that he has driven straight trucks for five years,
accumulating 390,000 miles. He holds a Class B CDL from Pennsylvania.
His driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.
Dominick P. Fittipaldi
Mr. Fittipaldi, 37, 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 ophthalmologist stated, ``In my medical
opinion, Mr. Fittipaldi has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Fittipaldi
reported that he has driven straight trucks for 21 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.
Alvin H. Horgdal
Mr. Horgdal, 68, 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/
30. Following an examination in 2017, his optometrist stated, ``. . . I
feel he has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Horgdal reported that he has driven
straight trucks for 26 years, accumulating 1.5 million miles. He holds
a Class B CDL from Iowa. His driving record for the last three years
shows no crashes and no convictions for moving violations in a CMV.
Louis R. LeMonds, Jr.
Mr. LeMonds, 53, has a phthisis bulbi in his right eye due to a
traumatic incident in 2008. The visual acuity in his right eye is hand
motion, and in his left eye, 20/20. Following an examination in 2017,
his ophthalmologist stated, ``My medical opinion is that he has
sufficient vision to operate a commercial vehicle without difficulty.''
Mr. LeMonds reported that he has driven tractor-trailer combinations
for 34 years, accumulating two 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.
Jonathan Marin
Mr. Marin, 26, 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 2017, his optometrist stated, ``Mr.
Marin's left eye has sufficient visual acuity, color vision and visual
field as required for commercial driving.'' Mr. Marin reported that he
has driven straight trucks for three years, accumulating 1,500 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.
Mark E. McNaughton
Mr. McNaughton, 53, has had complete loss of vision in his 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 ophthalmologist stated, ``He has no deficiencies in color
vision, and I feel he has sufficient vision to perform driving tasks
required for a commercial vehicle.'' Mr. McNaughton reported that he
has driven straight trucks for 30 years, accumulating 900,000 miles. He
holds a Class B CDL from Iowa. His driving record for the last three
years shows no crashes and no convictions for moving violations in a
CMV.
Louis Neofotistos
Mr. Neofotistos, 55, has a macular scar in his right eye due to a
traumatic incident in childhood. The visual acuity in his right eye is
counting fingers, and in his left eye, 20/25. Following an examination
in 2017, his optometrist stated, ``In my medical opinion, Louis has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Neofotistos reported that he has driven
straight trucks for 38 years, accumulating 45,600 miles. He holds a
Class BM CDL from
[[Page 37507]]
Massachusetts. His driving record for the last three years shows no
crashes and no convictions for moving violations in a CMV.
Josue M. Rodriguez-Espinoza
Mr. Rodriguez-Espinoza, 25, has had amblyopia in his right eye
since childhood. The visual acuity in his right eye is counting
fingers, and in his left eye, 20/20. Following an examination in 2017,
his ophthalmologist stated, ``I feel that Mr. Rodriguez would have no
problems performing the tasks required to appropriately operate a
commercial vehicle despite the poor vision in his right eye.'' Mr.
Rodriguez-Espinoza reported that he has driven straight trucks for
eight years, accumulating 80,000 miles. He holds an operator's license
from California. His driving record for the last three years shows no
crashes and no convictions for moving violations in a CMV.
James R. Rupert
Mr. Rupert, 54, has had a central retinal vein occlusion in his
right eye since 2012. The visual acuity in his right eye is 20/200, and
in his left eye, 20/20. Following an examination in 2017, his
ophthalmologist stated, ``In my medical opinion James has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Rupert reported that he has driven straight trucks for
37 years, accumulating 1.33 million miles, and tractor-trailer
combinations for 35 years, accumulating 175,000 miles. He holds an
operator's license from California. His driving record for the last
three years shows no crashes and no convictions for moving violations
in a CMV.
Christopher J. Schmidt
Mr. Schmidt, 31, has had amblyopia in his left eye since 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, he has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr.
Schmidt reported that he has driven straight trucks for four years,
accumulating 25,000 miles, and tractor-trailer combinations for four
years, accumulating 25,000 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.
Brandon L. Siebe
Mr. Siebe, 45, has complete loss of vision 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, 20/15. Following an
examination in 2016, his optometrist stated, ``He has a nearsighted
left eye that corrects to 20/15, and he has sufficient vision to
perform the driving test required to operate a commercial vehicle.''
Mr. Siebe reported that he has driven straight trucks for 19 years,
accumulating 285,000 miles. He holds an operator's license from
Kentucky. His driving record for the last three years shows one crash
and no convictions for moving violations in a CMV.
Greg C. Stilson
Mr. Stilson, 54, has had amblyopia in his right eye since birth.
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, ``He is
also able to recognize color and in my opinion is safe to operate a
commercial vehicle over interstate lines. Even though he is amblyopic
OD his peripheral awareness is normal on his right side.'' Mr. Stilson
reported that he has driven straight trucks for five years,
accumulating 125,000 miles, and tractor-trailer combinations for 32
years, accumulating four million miles. He holds a Class AM CDL from
Wyoming. His driving record for the last three years shows no crashes
and no convictions for moving violations in a CMV.
Paul M. Wooton
Mr. Wooton, 39, has a macular scar 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, 20/200. Following an examination in 2017,
his ophthalmologist stated, ``In my opinion, this individual has
sufficient vision to perform the driving tasks required to operate
commercial vehicles.'' Mr. Wooton reported that he has driven straight
trucks for six years, accumulating 270,000 miles, and tractor-trailer
combinations for four years, accumulating 420,000 miles. He holds a
Class DA CDL from Kentucky. His driving record for the last three years
shows no crashes and no convictions for moving violations in a CMV.
Willie C. Young
Mr. Young, 58, has fibrosis 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, counting fingers. Following an examination in 2017,
his optometrist stated, ``It is my opinion that Mr. Willie Young has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Young reported that he has driven tractor-
trailer combinations for 17 years, accumulating 1.19 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.
Eloy Zuniga
Mr. Zuniga, 41, has retinal scarring in his left eye due to a
traumatic incident in 1994. The visual acuity in his right eye is 20/
20, and in his left eye, 20/150. Following an examination in 2016, his
optometrist stated, ``In my opinion Mr. Zuniga has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Zuniga reported that he has driven tractor-trailer combinations for
seven years, accumulating 350,000 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.
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-2017-0022 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
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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-2017-0022 and click ``Search.'' Next, click
``Open Docket Folder'' and you will find all documents and comments
related to this notice.
Issued on: August 3, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-16861 Filed 8-9-17; 8:45 am]
BILLING CODE 4910-EX-P