Qualification of Drivers; Exemption Applications; Vision

Larry W. Minor
Federal Motor Carrier Safety Administration
16 January 2018

[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)]
[Notices]
[Pages 2292-2295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00601]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0027]


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 14 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 February 15, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2017-0027 using any of the 
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., 
ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    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., ET, 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 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., ET, 
Monday through Friday, except Federal holidays. If you have questions 
regarding viewing or submitting material to the docket, contact Docket 
Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the FMCSRs for a five-year period if it finds ``such exemption 
would likely achieve a level of safety that is equivalent to or greater 
than the level that would be achieved absent such exemption.'' The 
statute also allows the Agency to renew exemptions at the end of the 
five-year period. FMCSA grants exemptions from the FMCSRs for a two-
year period to align with the maximum duration of a driver's medical 
certification.
    The 14 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

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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

Jordan N. Bean

    Mr. Bean, 31, has macular scarring in his right eye due to a 
traumatic incident in 2009. 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, ``In my medical opinion, Jordan has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Bean reported that he has driven straight trucks for 
seven years, accumulating 14,000 miles, and tractor-trailer 
combinations for five years, accumulating 10,000 miles. He holds a 
Class A CDL from North Dakota. His driving record for the last three 
years shows no crashes and no convictions for moving violations in a 
CMV.

Robert J. Bower

    Mr. Bower, 45, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/20, and in his left eye, count 
fingers. Following an examination in 2017, his ophthalmologist stated, 
``There is sufficient vision to perform the driving tasks required to 
operate a commercial vehicle with proper mirrors.'' Mr. Bower reported 
that he has driven straight trucks for 29 years, accumulating 870,000 
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.

James E. Bragg

    Mr. Bragg, 54, has had amblyopia in his right eye since birth. The 
visual acuity in his right eye is 20/80, and in his left eye, 20/20. 
Following an examination in 2017, his optometrist stated, ``James Bragg 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Bragg reported that he has driven straight 
trucks for one year, accumulating 26,000 miles, and tractor-trailer 
combinations for 20 years, accumulating 2.9 million miles. He holds a 
Class A CDL from West Virginia. His driving record for the last three 
years shows no crashes and no convictions for moving violations in a 
CMV.

Lee S. Brown, Jr.

    Mr. Brown, 36, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/30, and in his left eye, 20/
80. Following an examination in 2017, his optometrist stated, ``I 
certify that Mr. Lee's best corrected vision in his right eye only 
meets the requirement provided by the Vision Exemption Program.'' Mr. 
Lee reported that he has driven straight trucks for six years, 
accumulating 120,000 miles. He holds a Class B CDL from Maine. His 
driving record for the last three years shows no crashes and no 
convictions for moving violations in a CMV.

Thomas Buker

    Mr. Buker, 57, has had retinal scarring in his left eye since 1992. 
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, ``In my 
opinion, he has sufficient vision to continue to drive a commercial 
vehicle, which he has done for years.'' Mr. Buker reported that he has 
driven tractor-trailer combinations for 28 years, accumulating 2.6 
million miles. He holds a Class ABCD CDL from Wisconsin. His driving 
record for the last three years shows one crash, which he was not cited 
for, and no convictions for moving violations in a CMV.

Robert A. Dicker

    Mr. Dicker, 60, has had glaucoma in his right eye since 2009. The 
visual acuity in his right eye is 20/100, and in

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his left eye, 20/20. Following an examination in 2017, his 
ophthalmologist stated, ``It is my medical opinion that Mr. Dicker's 
visual function is sufficient to operate a commercial vehicle in all 
circumstances.'' Mr. Dicker reported that he has driven tractor-trailer 
combinations for 13 years, accumulating 1.3 million miles. He holds a 
Class A CDL from Maine. His driving record for the last three years 
shows no crashes and no convictions for moving violations in a CMV.

James D. Evans

    Mr. Evans, 60, has had a prosthetic right eye due to a traumatic 
incident in 1987. The visual acuity in his right eye is no light 
perception, and in his left eye, 20/20. Following an examination in 
2017, his optometrist stated, ``The examination and testing reveal that 
Mr. Evans has sufficient vision to perform the driving tasks required 
to operate a commercial vehicle safely.'' Mr. Evans reported that he 
has driven straight trucks for 40 years, accumulating 320,000 miles, 
and tractor-trailer combinations for 30 years, accumulating 360,000 
miles. He holds an operator's license from Maryland. His driving record 
for the last three years shows no crashes and no convictions for moving 
violations in a CMV.

Spencer L. Goard

    Mr. Goard, 79, has had optic atrophy in his right eye since 
childhood. The visual acuity in his right eye is 20/25, and in his left 
eye, counting fingers. Following an examination in 2017, his 
optometrist stated, ``He meets the visual acuity requirements. I find 
Mr. Goard to be a quality and reliable person, I hope you will give him 
every opportunity to prove himself within the bounds of the federal 
guidelines.'' Mr. Goard reported that he has driven tractor-trailer 
combinations for 30 years, accumulating three million 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.

Gregory C. Grubb

    Mr. Grubb, 26, 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 2017, his optometrist stated, ``In my 
professional opinion, Mr. Grubb has sufficient vision to perform the 
driving tasks associated with operating a commercial vehicle.'' Mr. 
Grubb reported that he has driven tractor-trailer combinations for five 
years, accumulating 104,000 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.

Charles K. Klinglesmith

    Mr. Klinglesmith, 56, has had a retinal detachment in his right eye 
since 2008. The visual acuity in his right eye is 20/100, and in his 
left eye, 20/20. Following an examination in 2017, his ophthalmologist 
stated, ``The patient has sufficient vision to operate a commercial 
motor vehicle.'' Mr. Klinglesmith reported that he has driven straight 
trucks for 35 years, accumulating 350,000 miles, and tractor-trailer 
combinations for 34 years, accumulating 238,000 miles. He holds a Class 
DA CDL from Kentucky. His driving record for the last three years shows 
no crashes and one conviction for speeding in a CMV; he exceeded the 
speed limit by five mph.

Freddy E. Parker

    Mr. Parker, 70, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/30, and in his left eye, 20/
300. Following an examination in 2017, his optometrist stated, ``It is 
my opinion that Mr. Parker has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Parker reported 
that he has driven straight trucks for 54 years, accumulating 2.16 
million miles, and tractor-trailer combinations for 24 years, 
accumulating 1.32 million miles. He holds a Class A CDL from Nevada. 
His driving record for the last three years shows no crashes and no 
convictions for moving violations in a CMV.

Douglas E. Porter

    Mr. Porter, 52, 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/
25. Following an examination in 2017, his optometrist stated, ``Patient 
appears to have sufficient vision, to perform driving tasks in order to 
operate a commercial vehicle.'' Mr. Porter reported that he has driven 
straight trucks for 16 years, accumulating 480,000 miles. He holds a 
Class CB CDL from Michigan. His driving record for the last three years 
shows no crashes and no convictions for moving violations in a CMV.

Roy E. Robertson

    Mr. Robertson, 49, has had a retinal vein occlusion in his right 
eye since 2009. 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, ``I certify in my medical opinion that Mr. Roy Robertson has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle safely.'' Mr. Robertson reported that he has driven 
straight trucks for four years, accumulating 300,000 miles, and 
tractor-trailer combinations for 25 years, accumulating 2.5 million 
miles. He holds a Class A CDL from Georgia. His driving record for the 
last three years shows no crashes and no convictions for moving 
violations in a CMV.

Daniel E. Sharp

    Mr. Sharp, 48, has a macular scar in his right eye due to a 
traumatic incident in 2009. The visual acuity in his right eye is hand 
motion, and in his left eye, 20/20. Following an examination in 2017, 
his optometrist stated, ``In summary his vision with both eyes has been 
and continues to be sufficient for his driving requirements for a 
commercial vehicle.'' Mr. Sharp reported that he has driven straight 
trucks for 14 years, accumulating 280,000 miles, and tractor-trailer 
combinations for 12 years, accumulating 96,000 miles. He holds a Class 
A CDL from Ohio. His driving record for the last three years shows no 
crashes and no convictions for moving violations in a CMV.

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-2017-0027 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

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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 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-2017-0027 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: January 5, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-00601 Filed 1-12-18; 8:45 am]
 BILLING CODE 4910-EX-P