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Qualification of Drivers; Exemption Applications; Vision Publication: Federal Register Agency: Federal Motor Carrier Safety Administration Byline: Larry W. Minor Date: 16 February 2022 Subjects: American Government  , Driver Licensing
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[Federal Register Volume 87, Number 32 (Wednesday, February 16, 2022)]
[Notices]
[Pages 8912-8916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03349]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2022-0018]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of applications for exemption; request for comments.
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SUMMARY: FMCSA announces receipt of applications from 24 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 March 18, 2022.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2022-0018 using any of the
following methods:
Federal eRulemaking Portal: Go to www.regulations.gov/,
insert the docket number, FMCSA-2022-0018, in the keyword box, and
click ``Search.'' Next, sort the results by ``Posted (Newer-Older),''
choose the first notice listed, and click on the ``Comment'' button.
Follow the online instructions for submitting comments.
Mail: Dockets Operations; 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,
DOT, 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 Dockets Operations, (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-2022-0018), 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.
[[Page 8913]]
To submit your comment online, go to www.regulations.gov/docket?D=FMCSA-2022-0018. Next, sort the results by ``Posted (Newer-
Older),'' choose the first notice listed, click the ``Comment'' 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 Comments
To view comments go to www.regulations.gov. Insert the docket
number, FMCSA-2022-0018, in the keyword box, and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, and click ``Browse Comments.'' If you do not have access
to the internet, you may view the docket online by visiting Dockets
Operations in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between
9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.
To be sure someone is there to help you, please call (202) 366-9317 or
(202) 366-9826 before visiting Dockets Operations.
C. Privacy Act
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its regulatory 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.transportation.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 24 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 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 1998, following the enactment of amendments to the
statutes governing exemptions made by Sec. 4007 of the Transportation
Equity Act for the 21st Century, 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 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 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 3 consecutive years
of data, comparing the experiences of drivers in the first 2 years with
their experiences in the final year.
III. Qualifications of Applicants
Robert A. Buckley
Mr. Buckley, 68, has a corneal scar in his right eye due to a
traumatic incident in 1960. The visual acuity in his right eye is no
light perception, and in his left eye, 20/20. Following an examination
in 2021, his optometrist stated, ``Mr. Buckley has sufficient vision to
perform the driving tasks needed to operate a commercial vehicle even
though he is monocular.'' Mr. Buckley reported that he has driven
straight trucks for 53 years, accumulating 1.06 million miles. He holds
an operator's license from Indiana. His driving record for the last
[[Page 8914]]
3 years shows no crashes and no convictions for moving violations in a
CMV.
Steven L. Crews
Mr. Crews, 59, has had an inoperable mature cataract in his right
eye due to a traumatic incident in his childhood. The visual acuity in
his right eye is light perception, and in his left eye, 20/20.
Following an examination in 2021, his optometrist stated, ``Based on
his 30 year history of operating a commercial vehicle, and the visual
findings of his left eye, I think he has sufficient vision to perform
the driving tasks required.'' Mr. Crews reported that he has driven
straight trucks for 31 years, accumulating 1.86 million miles, and
tractor-trailer combinations for 12 years, accumulating 720,000 miles.
He holds a Class A CDL from Texas. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Arthur B. Edge III
Mr. Edge, 58, has an enucleation of his left eye due to an
infection in 2015. The visual acuity in his right eye is 20/25, and in
his left eye, no light perception. Following an examination in 2021,
his optometrist stated, ``I also certify, that in my medical opinion,
the patient has sufficient vision to perform the driving tasks required
to operate a commercial vehicle.'' Mr. Edge reported that he has driven
straight trucks for 39 years, accumulating 1.56 million miles, tractor-
trailer combinations for 35 years, accumulating 1.75 million miles, and
buses for 3 years, accumulating 300 miles. He holds a Class A CDL from
Georgia. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Jorge Estol
Mr. Estol, 47, has had a macular retinal scar in his left eye since
2007. The visual acuity in his right eye is 20/20, and in his left eye,
20/200. Following an examination in 2021, his optometrist stated, ``I
certify that imy [sic] medical opinion, patient has sufficient vision
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Estol reported that he has driven straight trucks for 7
years, accumulating 756,000 miles, and tractor-trailer combinations for
7 years, accumulating 756,000 miles. He holds a Class A CDL from
Florida. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
William L. Fuqua
Mr. Fuqua, 26, has had vitreoretinal adhesion in his right eye
since birth. The visual acuity in his right eye is 20/50, and in his
left eye, 20/20. Following an examination in 2021, his optometrist
stated, ``In my medical opinion, Mr. William Fuqua has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Fuqua reported that he has driven straight trucks for 10
years, accumulating 15,000 miles, tractor-trailer combinations for 2
years, accumulating 156,000 miles, and buses for 2 years, accumulating
2,000 miles. He holds a Class DA CDL from Kentucky. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Terry G. Grice
Mr. Grice, 41, has had amblyopia in his left eye since birth. The
visual acuity in his right eye is 20/20, and in his left eye, 20/300.
Following an examination in 2021, his optometrist stated, ``I also
certify that in my medical opinion Terry Grice has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Grice reported that he has driven straight trucks for 9 years,
accumulating 324,000 miles. He holds an operator's license from
Indiana. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Gerardo Hernandez
Mr. Hernandez, 41, has had strabismus 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 2021, his optometrist stated,
``In my opinion Mr. Hernandez has sufficient vision to operate a
commercial vehicle.'' Mr. Hernandez reported that he has driven
tractor-trailer combinations for 8 years, accumulating 4.45 million
miles. He holds a Class A CDL from Texas. His driving record for the
last 3 years shows no crashes and one conviction for a non-moving
violation in a CMV: Over 34,000 pounds, tandem axle.
Joshua J. Hilliard
Mr. Hilliard, 36, 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 2021, his optometrist
stated, ``In my opinion, Mr. Hilliard demonstrated no visual
limitations other than described above and poses no significant risk
for operating a commercial vehicle, as long as prescribed glasses or
contacts are worn at all times.'' Mr. Hilliard reported that he has
driven straight trucks for 5 years, accumulating 120,000 miles. He
holds a Class A CDL from Ohio. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Orlando M. Hinton
Mr. Hinton, 40, 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/
70. Following an examination in 2021, his optometrist stated, ``In my
medical opinion, Mr. Hinton does have sufficient vision to perform
driving task required to operate a commercial vehicle.'' Mr. Hinton
reported that he has driven straight trucks for 9 years, accumulating
630,000 miles, and tractor-trailer combinations for 3 years,
accumulating 150,000 miles. He holds a Class A CDL from North Carolina.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Joshua M. Howe
Mr. Howe, 28, 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 2021, his optometrist stated, ``I
submit this statement to the state of Indiana BMV, regarding Joshua M.
Howe, in order to verify that his visual status is stable and adequate
for continued use of a commercial motor vehicle.'' Mr. Howe reported
that he has driven straight trucks for 11 years, accumulating 2.75
million miles and tractor-trailer combinations for 11 years,
accumulating 55,000 miles. He holds a Class A CDL from Indiana. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Janessen B. Jenkins, Jr.
Mr. Jenkins, 39, has complete loss of vision in his right eye due
to a traumatic incident during his childhood. The visual acuity in his
right eye is light perception, and in his left eye, 20/20. Following an
examination in 2021, his optometrist stated, ``I feel that Mr. Jenkins
is visually capable of performing the driving tasks required of his job
to operate a commercial vehicle'' Mr. Jenkins reported that he has
driven tractor-trailer combinations for 3 years, accumulating 285,000
miles. He holds an operator's license from Georgia. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
[[Page 8915]]
Justin L. Knoll
Mr. Knoll, 27, has proliferative retinopathy in his left eye due to
a traumatic incident in 2008. The visual acuity in his right eye is 20/
20, and in his left eye, hand motion. Following an examination in 2021,
his ophthalmologist stated, ``In my professional medical opinion,
Justin is able to safely operate a commercial vehicle which he has been
doing within the State of Michigan since 2013.'' Mr. Knoll reported
that he has driven tractor-trailer combinations for 8 years,
accumulating 624,000 miles. He holds a Class ECA CDL from Michigan. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Robert M. Lammon
Mr. Lammon, 39, has an enucleation in his left eye due to a
traumatic incident in 2017. The visual acuity in his right eye is 20/
20, and in his left eye, no light perception. Following an examination
in 2021, his optometrist stated, ``In my opinion this individual
presents with sufficient vision to operate a commercial vehicle.'' Mr.
Lammon reported that he has driven straight trucks for 10 years,
accumulating 500,000 miles and tractor-trailer combinations for 10
years, accumulating 500,000 miles. He holds a Class A CDL from Ohio.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Richard D. Lang
Mr. Lang, 62, has had retinal artery occlusion in his left eye
since 2018. The visual acuity in his right eye is 20/20, and in his
left eye, 20/125. Following an examination in 2021, his optometrist
stated, ``In my medical opinion, Mr. Lang has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Lang reported that he has driven tractor-trailer combinations for
15 years, accumulating 2.175 million miles. He holds a Class A CDL from
South Dakota. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Larry P. Magrath
Mr. Magrath, 57, 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 2021, his optometrist stated,
``I believe Larry Magrath has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Magrath reported
that he has driven straight trucks for 15 years, accumulating 375,000
miles and buses for 5 years, accumulating 12,500 miles. He holds a
Class A CDL from Minnesota. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
David L. Mairose
Mr. Mairose, 57, 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 2021, his optometrist stated, ``I
certify that, in my medical opinion, this patient has sufficient vision
to perform driving tasks required to operate a commercial vehicle.''
Mr. Mairose reported that he has driven straight trucks for 37 years,
accumulating 203,500 miles and tractor-trailer combinations for 37
years, accumulating 925,000 miles. He holds a Class A CDL from Iowa.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Darrell L. Marlett
Mr. Marlett, 50, has had a macular neovascualar scar in his left
eye since 2015. The visual acuity in his right eye is 20/15, and in his
left eye, 20/200. Following an examination in 2021, his optometrist
stated, ``It is in my opinion, based on all the findings, that Mr.
Marlett should have no issues driving a commercial vehicle.'' Mr.
Marlett reported that he has driven straight trucks for 1 year,
accumulating 1,500 miles, and tractor-trailer combinations for 9 years,
accumulating 2.25. million miles. He holds a Class A CDL from Indiana.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Michael T. McGinty
Mr. McGinty, 34, has a ruptured globe in his right eye due to a
traumatic incident in 2010. The visual acuity in his right eye is light
perception, and in his left eye, 20/20. Following an examination in
2021, his optometrist stated, ``In my medical opinion, Michal McGinty
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. McGinty reported that he has driven
straight trucks for 14 years, accumulating 109,200 miles. He holds a
Class AM CDL from Pennsylvania. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Stephen D. Miles
Mr. Miles, 63, has had histoplasmosis 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 2021, his optometrist stated, ``He has
normal color vision and is able to drive a commercial vehicle safely.
His condition is stable.'' Mr. Miles reported that he has driven
tractor-trailer combinations for 35 years, accumulating 3.15 million
miles. He holds a Class A CDL from Oregon. His driving record for the
last 3 years shows one crash for which he was cited for a moving
violation in a CMV for careless driving.
Joshua D. Mylan
Mr. Mylan, 37, has had glaucoma in his right eye since 2016. The
visual acuity in his right eye is no light perception, and in his left
eye, 20/20. Following an examination in 2021, his ophthalmologist
stated, ``In my opinion Mr. Mylan has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Mylan
reported that he has driven straight trucks for 8 years, accumulating
153,000 miles, and tractor-trailer combinations for 8 years,
accumulating 68,000 miles. He holds an operator's license from
Washington. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Albert M. Randle
Mr. Randle, 60, has had a retinal detachment in his left eye since
2006. The visual acuity in his right eye is 20/20, and in his left eye,
no light perception. Following an examination in 2021, his
ophthalmologist stated, ``In my medical opinion, Mr. Randle has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Randle reported that he has driven straight
trucks for 4 years, accumulating 192,000 miles, and tractor-trailer
combinations for 29 years, accumulating 3.48 million miles. He holds a
Class A CDL from Texas. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.
Mitchell L. Reineke
Mr. Reineke, 34, has had a retinal scar in his left eye since
birth. The visual acuity in his right eye is 20/20, and in his left
eye, light perception. Following an examination in 2022, his
optometrist stated, ``Mitchell's vision is adequate for driving a
commercial vehicle.'' Mr. Reineke reported that he has driven straight
trucks for 18 years, accumulating 36,000 miles, and tractor-
[[Page 8916]]
trailer combinations for 3 years, accumulating 4,500 miles. He holds an
operator's license from Nebraska. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Ritchy R. Richards
Mr. Richards, 50, has complete loss of vision in his left eye due
to a traumatic incident in 2017. The visual acuity in his right eye is
20/20, and in his left eye, no light perception. Following an
examination in 2021, his optometrist stated, ``It is in my medical
opinion Mr. Richards has sufficient vision in his right eye to perform
the driving tasks required to operate a commercial vehicle.'' Mr.
Richards reported that he has driven straight trucks for 30 years,
accumulating 675,000 miles. He holds an operator's license from New
Mexico. His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Antwine Simmons II
Mr. Simmons, 37, has glaucoma in his left eye due to a traumatic
incident in 2012. The visual acuity in his right eye is 20/20, and in
his left eye, 20/200. Following an examination in 2021 his
ophthalmologist stated, ``It is my medical opinion that Mr. Simmons has
sufficient vision to operate a commercial vehicle.'' Mr. Simmons
reported that he has driven straight trucks for 3 years, accumulating
288,312 miles. He holds a Class A CDL from Georgia. His driving record
for the last 3 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.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2022-03349 Filed 2-15-22; 8:45 am]
BILLING CODE 4910-EX-P