Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
27 July 2017
[Federal Register Volume 82, Number 143 (Thursday, July 27, 2017)]
[Notices]
[Pages 35043-35045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15842]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2017-0019]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of applications for exemptions; request for comments.
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SUMMARY: FMCSA announces receipt of applications from 12 individuals
for 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 August 28, 2017.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2017-0019 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 numbers 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 on-line.
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 Federal Motor Carrier Safety Regulations 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.'' FMCSA can renew exemptions at the end of each
two-year period.
The 12 individuals listed in this notice have each requested such
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
[[Page 35044]]
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
Thomas A. Barber
Mr. Barber, 43, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is 20/60, and in his left eye, 20/
15. Following an examination in 2017, his optometrist stated, ``Since
Mr. Barber is well adapted to his condition and has been a commercial
truck driver for many years, I feel he is safe to continue driving and
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Barber reported that he has driven tractor-
trailer combinations for 15 years, accumulating 1.87 million miles. He
holds a Class A CDL from North Carolina. His driving record for the
last three years shows no crashes and no convictions for moving
violations in a CMV.
Nazar B. Bihun
Mr. Bihun, 30, has optic nerve pallor in his right eye due to a
traumatic incident in 2011. The visual acuity in his right eye is no
light perception, and in his left eye, 20/20. Following an examination
in 2016, his optometrist stated, ``His visual deficiency is stable and
in my medical opinion he does have sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Bihun
reported that he has driven straight trucks for eight years,
accumulating 360,000 miles, and tractor-trailer combinations for five
years, accumulating 25,000 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.
Patrick J. Conner
Mr. Conner, 45, has chorioretinal scarring in his left eye due to a
traumatic incident in 2014. The visual acuity in his right eye is 20/
15, and in his left eye, count fingers. Following an examination in
2017, his optometrist stated, ``It is my opinion that Patrick Conner
has vision that is safe to operate a commercial vehicle.'' Mr. Conner
reported that he has driven straight trucks for 11 years, accumulating
165,000 miles. He holds a Class B CDL from Oklahoma. His driving record
for the last three years shows no crashes and no convictions for moving
violations in a CMV.
Jay D. Diebel
Mr. Diebel, 58, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/25, and in his left eye, 20/
400. Following an examination in 2017, his ophthalmologist stated,
``This patient has no restrictions to operate a commercial vehicle
based on his ocular testing.'' Mr. Diebel reported that he has driven
straight trucks for 17 years, accumulating 255,000 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.
Danny G. Goodman, Jr.
Mr. Goodman, 44, 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, ``He appears to have sufficient vision to operate a commercial
vehicle.'' Mr. Goodman reported that he has driven straight trucks for
12 years, accumulating 60,000 miles, and tractor-trailer combinations
for seven years, accumulating 135,000 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.
Randy N. Grandfield
Mr. Grandfield, 59, 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, ``It is my opinion that Mr. Grandfield's vision should not
prevent him from operating a commercial vehicle.'' Mr. Grandfield
reported that he has driven straight trucks for 35 years, accumulating
560,000 miles. He holds a Class A CDL from Vermont. His driving record
for the last three years shows one crash, to which he did contribute
but was not cited, and no convictions for moving violations in a CMV.
Edgar A. Ideler
Mr. Ideler, 60, has had complete loss of vision in his right eye
since 2014. 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, ``Does this person have sufficient vision to
operate a commercial motor vehicle safely: Yes.'' Mr. Ideler reported
that he has driven straight trucks for 39 years, accumulating 780,000
miles, and
[[Page 35045]]
tractor-trailer combinations for 39 years, accumulating 780,000 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.
Dennis R. Jones
Mr. Jones, 55, has aphakia in his left eye due to a traumatic
incident in 2007. The visual acuity in his right eye is 20/15, and in
his left eye, 20/150. Following an examination in 2017, his
ophthalmologist stated, ``In my medical opinion Mr. Jones has
sufficient vision to perform to perform [sic] the driving tasks
required to operate a commercial vehicle as defined by requirements
found in Federal Register Vol. 78, No. 243 page 76591, (6)-(9).'' Mr.
Jones reported that he has driven straight trucks for six years,
accumulating 300,000 miles, and 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.
Rufus L. Jones
Mr. Jones, 59, has a retinal scar in his right eye due to a
traumatic incident in childhood. The visual acuity in his right eye is
20/80, and in his left eye, 20/20. Following an examination in 2016,
his ophthalmologist stated, ``In 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
four years, accumulating 144,000 miles, and buses for seven years,
accumulating 700,000 miles. He holds a Class B CDL from New Jersey. His
driving record for the last three years shows one crash and no
convictions for moving violations in a CMV.
Derek J. Savko
Mr. Savko, 35, has optic nerve atrophy 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 2016, his ophthalmologist stated, ``It is my opinion
that he has sufficient vision in the right eye to perform his driving
tasks as required to operate a commercial vehicle.'' Mr. Savko reported
that he has driven straight trucks for 13 years, accumulating 162,500
miles. He holds a Class B CDL from Montana. His driving record for the
last three years shows no crashes and no convictions for moving
violations in a CMV.
John J. Tilton
Mr. Tilton, 47, has a prosthetic right eye due to a traumatic
incident in 1986. 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, ``In my medical opinion, John's
visual acuity, Visual Field [sic], and color vision show that he can
continue to perform driving tasks required to operate a commercial
vehicle.'' Mr. Tilton reported that he has driven straight trucks for
three years, accumulating 25,000 miles. He holds a Class B CDL from New
Hampshire. His driving record for the last three years shows no crashes
and no convictions for moving violations in a CMV.
Randy D. VanScoy
Mr. VanScoy, 60, has had amblyopia in his left eye since birth. The
visual acuity in his right eye is 20/20, and in his left eye, 20/200.
Following an examination in 2017, his optometrist stated, ``Diagnosis
congenital amblyopia. This patient meets the requirements to drive a
commercial vehicle. He shows no deficit in his visual field.'' Mr.
VanScoy reported that he has driven tractor-trailer combinations for 42
years, accumulating 3.1 million 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.
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-2017-0019 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 material 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-2017-0019 and click ``Search.'' Next, click
``Open Docket Folder'' and you will find all documents and comments
related to this notice.
Issued on: July 19, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-15842 Filed 7-26-17; 8:45 am]
BILLING CODE 4910-EX-P