Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
6 September 2019
[Federal Register Volume 84, Number 173 (Friday, September 6, 2019)]
[Notices]
[Pages 47050-47052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19281]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2019-0014]
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 ten 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 7, 2019.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2019-0014 using any of the
following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov/docket?D=FMCSA-2019-0014. 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-2019-0014), 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-2019-0014. 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-2019-0014 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-
[[Page 47051]]
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 ten 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 (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
Alex T. Balk
Mr. Balk, 34, has had optic atrophy in his left eye since birth.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
2000. Following an examination in 2019, his optometrist stated, ``It is
my medical opinion that Mr. Balk has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Balk
reported that he has driven straight trucks for 12 years, accumulating
50,400 miles. He holds an operator's license from Arizona. His driving
record for the last three years shows no crashes and no convictions for
moving violations in a CMV.
Brian K. Egbert
Mr. Egbert, 48, 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 2019, his optometrist stated, ``In my
medical opinion, I believe that Mr. Egbert does have adequate and
sufficient vision to perform and operate a commercial vehicle.'' Mr.
Egbert reported that he has driven straight trucks for 18 years,
accumulating 126,000 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.
Joseph M. Morgan
Mr. Morgan, 61, has an enucleated left eye due to a traumatic
incident in 2014. The visual acuity in his right eye is 20/20, and in
his left eye, no light perception. Following an examination in 2019,
his ophthalmologist stated, ``It is my opinion he has sufficient vision
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Morgan reported that he has driven tractor-trailer
combinations for 45 years, accumulating 4.3 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.
Chris J. Orphan, Jr.
Mr. Orphan, 48, has a prosthetic left eye due to a traumatic
incident in 1990. The visual acuity in his right eye is 20/20, and in
his left eye is no light perception. Following an examination in 2019,
his optometrist stated, ``It is my opinion that Mr. Orphan has
sufficient vision to perform the driving tasks required in the
operation of a commercial vehicle.'' Mr. Orphan reported that he has
driven straight
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trucks for four years, accumulating 50,000 miles. He holds an
operator's license from South Carolina. His driving record for the last
three years shows no crashes and no convictions for moving violations
in a CMV.
Wayne E. Page
Mr. Page, 57, 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/
150. Following an examination in 2019, his optometrist stated, ``In my
medical opinion, as long as he wears his glasses, he has sufficient
vision to perform the driving tasks required to operate a CMV.'' Mr.
Page reported that he has driven tractor-trailer combinations for 20
years, accumulating 1.6 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.
Joaquin A. Sandoval
Mr. Sandoval, 55, has complete loss of vision in the right eye due
to a traumatic incident in 1994. The visual acuity in his right eye is
no light perception and in his left eye, 20/15. Following an
examination in 2019, his optometrist stated, ``I see him suitable to
operate a CDL visually and mentally.'' Mr. Sandoval reported that he
has driven tractor-trailer combinations for five years, accumulating
45,000 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.
Donald J. Thoel
Mr. Thoel, 58, has aphakia in his left eye due to a traumatic
incident in 1983. The visual acuity in his right eye is 20/20, and in
his left eye, counting fingers. Following an examination in 2019, his
ophthalmologist stated, ``In my opinion Mr. Thoel has sufficient vision
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Thoel reported that he has driven straight trucks for 25
years, accumulating 875,000 miles. He holds a Class CA Enhanced CDL
from Michigan. His driving record for the last three years shows no
crashes and no convictions for moving violations in a CMV.
Harold W. Via
Mr. Via, 56, has had a retinal detachment in his right eye since
1976. The visual acuity in his right eye is 20/80, and in his left eye,
20/20. Following an examination in 2019, his ophthalmologist stated,
``If abiding by applicable regulations, medical opinion suggests that
he has sufficient vision to perform the driving tasks required to
operate a commercial vehicle since he already does this with an
intrastate license.'' Mr. Via reported that he has driven straight
trucks for 30 years, accumulating 900,000 miles. He holds a Class B CDL
from Virginia. His driving record for the last three years shows no
crashes and no convictions for moving violations in a CMV.
Milton D. Voepel
Mr. Voepel, 66, has had a retinal scar in his left eye since 2006.
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, ``In my
medical opinion Milton has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Voepel reported
that he has driven straight trucks for four years, accumulating 68,000
miles, and tractor-trailer combinations for 14 years, accumulating 1.82
million miles. He holds a Class A CDL from Missouri. His driving record
for the last three years shows no crashes and no convictions for moving
violations in a CMV.
Andrew L. Walker
Mr. Walker, 37, has chorioretinal scarring in his right eye due to
retinal detachment in 2004. 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 opinion based on
examination findings that Mr. Andrew Walker is safe to operate a
commercial vehicle as in my judgement his vision is sufficient to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Walker reported that he has driven straight trucks for 16 years,
accumulating 1.44 million miles, and tractor-trailer combinations for
15 years, accumulating 1.8 million miles. He holds a Class A CDL from
Minnesota. 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 29, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-19281 Filed 9-5-19; 8:45 am]
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