Qualification of Drivers; Exemption Applications; Vision, 11859-11862 [2019-05950]
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Federal Register / Vol. 84, No. 60 / Thursday, March 28, 2019 / Notices
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doing so. If the decision is to grant the
exemption, the notice must specify the
person or class of persons receiving the
exemption and the regulatory provision
or provisions from which an exemption
is granted. The notice must specify the
effective period of the exemption (up to
5 years) and explain the terms and
conditions of the exemption. The
exemption may be renewed (49 CFR
381.315(c) and 49 CFR 381.300(b)).
Laydon Application for Exemption
Laydon, on behalf of motor carriers
utilizing its OptiTailTM aerodynamic
devices, applied for an exemption from
49 CFR 393.11 to allow rear
identification lamps and rear clearance
lamps to be mounted lower than
currently permitted by the Agency’s
regulations. A copy of the application is
included in the docket referenced at the
beginning of this notice.
Table 1 of § 393.11, ‘‘Required lamps
and reflectors on commercial motor
vehicles,’’ specifies the requirements for
lamps, reflective devices and associated
equipment by the type of CMV. All
CMVs manufactured on or after
December 25, 1968, must, at a
minimum, meet the applicable
requirements of Federal Motor Vehicle
Safety Standard (FMVSS) No. 108,
‘‘Lamps, reflective devices, and
associated equipment,’’ in effect at the
time of manufacture of the vehicle. Rear
identification lamps must be mounted
as close as practicable to the top of the
vehicle. One lamp must be as close as
practicable to the vertical centerline and
one on each side of the center lamp with
the lamp centers spaced not less than 6
inches or more than 12 inches apart,
and all on the same level. One rear
clearance lamp must be located on each
side of the vertical centerline of the
vehicle to indicate overall width, both
of which must be on the same level and
as high as practicable.
Laydon is wholly owned by WABCO
Europe BVBA, with headquarters in
Brussels, Belgium. Laydon and WABCO
have developed a trailer collapsible boat
tail technology which improves the
overall tractor trailer aerodynamic
efficiency. The OptiTailTM systems,
both the fully auto and manual versions,
are currently installed to the rear doors
of a CMV trailer such that the upper
panels are below the trailer’s
identification and clearance lamps.
Laydon notes that installing the upper
panels below the identification lights—
about 1.25 to 3 inches below the trailer
roof—is not the ideal aerodynamic
condition, and that the upper panels
could yield better aerodynamic flow
characteristics if they were mounted
flush with the trailer roof. However,
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mounting the upper panel of the
OptiTailTM system flush with the roof
will block the full view of the trailer
identification and clearance lights, in
violation of section 393.11 of the
FMCSRs.
Laydon is requesting the exemption to
allow trailers using its OptiTailTM
system to have the required
identification and clearance lights
mounted lower than currently
permitted, and at the same required
location for flatbed trailers and
intermodal chassis. Laydon states that
while it has conducted (1) computer
simulation analysis, (2) scaled wind
tunnel testing, and (3) full scale
environmental testing of the flush roof
mounted configuration, the temporary
exemption is necessary to complete
actual performance testing in full
environmental conditions by various
fleet operators located in multiple areas
of the U.S. and with different standard
travel routes.
In its application, Laydon states:
The safety impact of the proposed 49 CFR
393.11 exemption would be similar to
existing CMVs already in operation, provided
the relocation or addition of lower level
identification and clearance lamps are
installed on the CMV. Assuming additional
lamps are installed lower on the trailer and
just not relocated, the improved OptiTailTM,
auto version (AutoTail), would still have the
existing centerline identification lamp and
both clearance lamps visible when the trailer
is traveling at slow speeds. Our AutoTail is
self-deploying and self-retracting. The
AutoTail will remain retracted until the
tractor reaches a speed of approximately 40
mph and remain open until the tractor
reduces speed to approximately 6 mph. The
AutoTail will continue to remain closed as
long as the trailer does not exceed 40 mph.
As a result the current centerline
identification and clearance lights would be
visible when the tractor trailer is stopped at
a traffic light or other slow speed road
condition. We are not advocating that this is
sufficient to allow the exemption without
additional clearance and identification lamps
installed lower on the trailer. All CMV
trailers have conspicuity materials installed
across the width of the trailer. These reflex
reflectors will still be visible with the
OptiTailTM deployed or retracted. Both the
two clearance and three identification lights
should be relocated or additionally added to
the approximate horizontal plane with other
rear lamps. These are generally regarded as
the brake and running lamps. This location
is the same as found on some CMVs, such as
flatbed trailers, with or without ‘‘curtain
sides’’ and intermodal chassis trailers. Now
is the time for all good men to come to the
aid of their country.
Laydon states that without the
exemption, it will be unable to establish
and verify the maximum fuel economy
and environmental impacts of the
OptiTailTM system, which could have
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long term impacts on meeting future
greenhouse gas or California Air
Resources Board fuel economy
requirements.
Request for Comments
In accordance with 49 U.S.C. 31315
and 31136(e), FMCSA requests public
comment from all interested persons on
Laydon’s application for an exemption
from 49 CFR 393.11. All comments
received before the close of business on
the comment closing date indicated at
the beginning of this notice will be
considered and will be available for
examination in the docket at the
location listed under the ADDRESSES
section of this notice.
Comments received after the comment
closing date will be filed in the public
docket and will be considered to the
extent practicable. In addition to late
comments, FMCSA will also continue to
file, in the public docket, relevant
information that becomes available after
the comment closing date. Interested
persons should continue to examine the
public docket for new material.
Issued on: March 20, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019–05946 Filed 3–27–19; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2019–0006]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of applications for
exemption; request for comments.
AGENCY:
FMCSA announces receipt of
applications from nine 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 April 29, 2019.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System (FDMS) Docket No.
FMCSA–2019–0006 using any of the
following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
SUMMARY:
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Federal Register / Vol. 84, No. 60 / Thursday, March 28, 2019 / Notices
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.
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, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
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I. Public Participation
A. Submitting Comments
If you submit a comment, please
include the docket number for this
notice (Docket No. FMCSA–2019–0006),
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
https://www.regulations.gov, put the
docket number, FMCSA–2019–0006, in
the keyword box, and click ‘‘Search.’’
When the new screen appears, 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 81⁄2 by
11 inches, suitable for copying and
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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
https://www.regulations.gov. Insert the
docket number, FMCSA–2019–0006, in
the keyword box, and click ‘‘Search.’’
Next, click the ‘‘Open Docket Folder’’
button 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–
14 FDMS), which can be reviewed at
www.dot.gov/privacy.
II. 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 twoyear period to align with the maximum
duration of a driver’s medical
certification.
The nine 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
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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° 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 § 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.
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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
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Clay A. Applegarth
Mr. Applegarth, 49, had an
enucleation of his left eye due to ocular
melanoma in 1994. The visual acuity in
his right eye is 20/20 and in his left eye,
no light perception. Following an
examination in 2018, his optometrist
stated, ‘‘It is my medical opinion that
Clay has safely operated commercial
vehicles with this condition for many
years and that his vision is sufficient to
perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
Applegarth reported that he has driven
tractor-trailer combinations for 25 years,
accumulating 3.75 million miles. He
holds a Class A CDL from Colorado. His
driving record for the last three years
shows no crashes and one conviction for
a moving violation in a CMV; drove a
defective/unsafe vehicle.
Anthony J. Cesternino
Mr. Cesternino, 72, had an
enucleation of 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 2019, his
optometrist stated, ‘‘I certify that in my
medical opinion, Mr. Cesternino has
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sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Cesternino reported that
he has driven tractor-trailer
combinations for 47 years, accumulating
5.4 million miles. He holds a Class A
CDL from Virginia. His driving record
for the last three years shows no crashes
and no convictions for moving
violations in a CMV.
Steven S. Criss
Mr. Criss, 38, has had amblyopia in
his left eye since birth. The visual acuity
in his right eye is 20/20, and in his left
eye, 20/80. Following an examination in
2018, his optometrist stated, ‘‘In my
opinion, the reduced visual acuity in
Steven’s left eye does not prohibit him
from operating a commercial vehicle
. . . I would anticipate no further
functional problems due to this
condition and have no reservations
about recommending that he be granted
the privilege to operate a commercial
vehicle.’’ Mr. Criss reported that he has
driven straight trucks for ten years,
accumulating 350,000 miles. He holds
an operator’s license from Florida. His
driving record for the last three years
shows no crashes and no convictions for
moving violations in a CMV.
Terrence H. Flick II
Mr. Flick, 34, has had a macular scar
in his left eye since childhood. The
visual acuity in his right eye is 20/20,
and in his left eye, light perception.
Following an examination in 2018, his
optometrist stated, ‘‘Mr. Flick does have
sufficient vision to drive and operate a
commercial vehicle safely.’’ Mr. Flick
reported that he has driven straight
trucks for 15 years, accumulating
150,000 miles. He holds an operator’s
license from Illinois. His driving record
for the last three years shows no crashes
and no convictions for moving
violations in a CMV.
Ismael Gonzalez
Mr. Gonzalez, 59, has had amblyopia
in his left eye since childhood. The
visual acuity in his right eye is 20/20,
and in his left eye, 20/400. Following an
examination in 2018, his
ophthalmologist stated, ‘‘In my medical
opinion, Ismael Gonzalez has sufficient
vision to perform driving tasks required
to operate a commercial vehicle.’’ Mr.
Gonzalez reported that he has driven
straight trucks for 25 years,
accumulating 650,000 miles. He holds a
Class B CDL from New Jersey. His
driving record for the last three years
shows no crashes and no convictions for
moving violations in a CMV.
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Philip E. Henderson
Mr. Henderson, 78, had a retinal
detachment in his right eye in 2008. The
visual acuity in his right eye is counting
fingers, and in his left eye, 20/20.
Following an examination in 2018, his
ophthalmologist stated, ‘‘In my medical
opinion, Mr. Philip Henderson has
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Henderson reported that
he has driven straight trucks for six
years, accumulating 36,000 miles, and
tractor-trailer combinations for 49 years,
accumulating 4.4 million miles. He
holds a Class A CDL from Missouri. His
driving record for the last three years
shows one crash and one conviction for
a moving violation in a CMV; improper
backing of CMV.
Brian S. Metheny
Mr. Metheny, 44, 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 2018, his
ophthalmologist stated, ‘‘In my opinion
[sic] he has sufficient vision to perform
the driving tasks required to operate a
commercial vehicle.’’ Mr. Metheny
reported that he has driven straight
trucks for three years, accumulating
180,000 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.
Roger L. Ridder
Mr. Ridder, 56, has complete loss of
vision in his right eye due to a retinal
detachment in 2015. The visual acuity
in his right eye is no light perception,
and in his left eye, 20/20. Following an
examination in 2018, his optometrist
stated, ‘‘In my professional opinion, Mr.
Roger Ridder has sufficient vision to
perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
Ridder reported that he has driven
straight trucks for 35 years,
accumulating 105,000 miles, and
tractor-trailer combinations for 30 years,
accumulating 60,000 miles. He holds an
operator’s license from Kansas. His
driving record for the last three years
shows no crashes and no convictions for
moving violations in a CMV.
Cody R.E. Zeigler
Mr. Zeigler, 26, has had optic
neuropathy in his right eye since 2015.
The visual acuity in his right eye is 20/
100, and in his left eye, 20/25.
Following an examination in 2018, his
optometrist stated, ‘‘I certify in my
medical opinion you [sic] have
sufficient vision in your left eye to
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perform the driving tasks required to
operate a commercial vehicle as stated
in the FMCSA visual standards.’’ Mr.
Zeigler reported that he has driven
straight trucks for six years,
accumulating 120,000 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.
IV. 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.
Issued on: March 20, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019–05950 Filed 3–27–19; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2019–0069]
Parts and Accessories Necessary for
Safe Operation; Application for an
Exemption From Charles Machine
Works Inc.
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of application for
exemption; request for comments.
AGENCY:
The Federal Motor Carrier
Safety Administration (FMCSA)
requests public comment on Charles
Machine Works, Inc.’s (CMW)
application for an exemption from the
Agency’s prohibition against the use of
gravity or syphon-fed fuel systems for
auxiliary equipment installed on or
used in connection with commercial
motor vehicles (CMVs). CMW believes
that the use of gravity or syphon-fed fuel
systems for auxiliary equipment that
operates only when the CMV is parked
would maintain a level of safety that is
equivalent to, or greater than, the level
that it would achieve without the
requested exemption.
DATES: Comments must be received on
or before April 29, 2019.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket ID FMCSA–
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SUMMARY:
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2019–0069 using any of the following
methods:
• Website: https://
www.regulations.gov. Follow the
instructions for submitting comments
on the Federal electronic docket site.
• Fax: 1–202–493–2251.
• Mail: Docket Management Facility,
U.S. Department of Transportation,
Room W12–140, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001.
• Hand Delivery: Ground Floor, Room
W12–140, DOT Building, 1200 New
Jersey Avenue SE, Washington, DC,
between 9 a.m. and 5 p.m. e.t., Monday–
Friday, except Federal holidays.
Instructions: All submissions must
include the Agency name and docket
number for this notice. For detailed
instructions on submitting comments
and additional information on the
exemption process, see the ‘‘Public
Participation’’ heading below. Note that
all comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided. Please
see the ‘‘Privacy Act’’ heading for
further information.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov or to Room W12–
140, DOT Building, 1200 New Jersey
Avenue SE, Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
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–14 FDMS), which can
be reviewed at www.dot.gov/privacy.
Public participation: The https://
www.regulations.gov website is
generally available 24 hours each day,
365 days each year. You may find
electronic submission and retrieval help
and guidelines under the ‘‘help’’ section
of the https://www.regulations.gov
website as well as the DOT’s https://
docketsinfo.dot.gov website. If you
would like notification that we received
your comments, please include a selfaddressed, stamped envelope or
postcard or print the acknowledgment
page that appears after submitting
comments online.
FOR FURTHER INFORMATION CONTACT: Mr.
Luke W. Loy, Vehicle and Roadside
Operations Division, Office of Carrier,
Driver, and Vehicle Safety, MC–PSV,
(202) 366–0676, Luke.Loy@dot.gov,
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Federal Motor Carrier Safety
Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001.
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 31315 and 31136(e),
FMCSA may grant exemptions from the
FMCSRs. Pursuant to the implementing
regulations, FMCSA must publish a
notice of each exemption request in the
Federal Register (49 CFR 381.315(a)).
The Agency must provide the public
with an opportunity to inspect the
information relevant to the application,
including any safety analyses that have
been conducted. The Agency must also
provide an opportunity for public
comment on the request.
The Agency reviews the safety
analyses and the public comments and
determines whether granting the
exemption would likely achieve a level
of safety equivalent to or greater than
the level that would be achieved by the
current regulation (49 CFR 381.305).
The decision of the Agency must be
published in the Federal Register (49
CFR 381.315(b)). If the Agency denies
the request, it must state the reason for
doing so. If the decision is to grant the
exemption, the notice must specify the
person or class of persons receiving the
exemption and the regulatory provision
or provisions from which an exemption
is granted. The notice must specify the
effective period of the exemption (up to
5 years) and explain the terms and
conditions of the exemption. The
exemption may be renewed (49 CFR
381.315(c) and 49 CFR 381.300(b)).
CMW’s Application for Exemption
CMW has applied for an exemption
from 49 CFR 393.65(d) to allow the use
of gravity or syphon fed fuel systems for
auxiliary equipment installed on or
used in connection with CMVs that
operate only when the CMV is not
operating on the highway. A copy of the
application is included in the docket
referenced at the beginning of this
notice.
Section 393.65 of the FMCSRs
prescribes certain requirements that are
applicable to all CMV fuel systems. The
requirements in this section apply to
systems for containing and supplying
fuel for the operation of (1) motor
vehicles or (2) auxiliary equipment
installed on, or used in connection with,
motor vehicles. Section 393.65(d)
prohibits a fuel system from supplying
fuel by gravity or syphon feed directly
to the carburetor or injector.
CMW is a family of companies
focused on the installation,
E:\FR\FM\28MRN1.SGM
28MRN1
]]>Agencies
[Federal Register Volume 84, Number 60 (Thursday, March 28, 2019)]
[Notices]
[Pages 11859-11862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05950]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2019-0006]
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 nine 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 April 29, 2019.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2019-0006 using any of the
following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the
[[Page 11860]]
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.
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, [email protected], 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. Public Participation
A. Submitting Comments
If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2019-0006), 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 https://www.regulations.gov,
put the docket number, FMCSA-2019-0006, in the keyword box, and click
``Search.'' When the new screen appears, 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 https://www.regulations.gov.
Insert the docket number, FMCSA-2019-0006, in the keyword box, and
click ``Search.'' Next, click the ``Open Docket Folder'' button 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-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
II. 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 nine 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.
[[Page 11861]]
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
Clay A. Applegarth
Mr. Applegarth, 49, had an enucleation of his left eye due to
ocular melanoma in 1994. The visual acuity in his right eye is 20/20
and in his left eye, no light perception. Following an examination in
2018, his optometrist stated, ``It is my medical opinion that Clay has
safely operated commercial vehicles with this condition for many years
and that his vision is sufficient to perform the driving tasks required
to operate a commercial vehicle.'' Mr. Applegarth reported that he has
driven tractor-trailer combinations for 25 years, accumulating 3.75
million miles. He holds a Class A CDL from Colorado. His driving record
for the last three years shows no crashes and one conviction for a
moving violation in a CMV; drove a defective/unsafe vehicle.
Anthony J. Cesternino
Mr. Cesternino, 72, had an enucleation of 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 2019, his optometrist stated, ``I certify that in my
medical opinion, Mr. Cesternino has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr.
Cesternino reported that he has driven tractor-trailer combinations for
47 years, accumulating 5.4 million miles. He holds a Class A CDL from
Virginia. His driving record for the last three years shows no crashes
and no convictions for moving violations in a CMV.
Steven S. Criss
Mr. Criss, 38, has had amblyopia in his left eye since birth. The
visual acuity in his right eye is 20/20, and in his left eye, 20/80.
Following an examination in 2018, his optometrist stated, ``In my
opinion, the reduced visual acuity in Steven's left eye does not
prohibit him from operating a commercial vehicle . . . I would
anticipate no further functional problems due to this condition and
have no reservations about recommending that he be granted the
privilege to operate a commercial vehicle.'' Mr. Criss reported that he
has driven straight trucks for ten years, accumulating 350,000 miles.
He holds an operator's license from Florida. His driving record for the
last three years shows no crashes and no convictions for moving
violations in a CMV.
Terrence H. Flick II
Mr. Flick, 34, has had a macular scar in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, light perception. Following an examination in 2018, his
optometrist stated, ``Mr. Flick does have sufficient vision to drive
and operate a commercial vehicle safely.'' Mr. Flick reported that he
has driven straight trucks for 15 years, accumulating 150,000 miles. He
holds an operator's license from Illinois. His driving record for the
last three years shows no crashes and no convictions for moving
violations in a CMV.
Ismael Gonzalez
Mr. Gonzalez, 59, has had amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, 20/400. Following an examination in 2018, his ophthalmologist
stated, ``In my medical opinion, Ismael Gonzalez has sufficient vision
to perform driving tasks required to operate a commercial vehicle.''
Mr. Gonzalez reported that he has driven straight trucks for 25 years,
accumulating 650,000 miles. He holds a Class B CDL from New Jersey. His
driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.
Philip E. Henderson
Mr. Henderson, 78, had a retinal detachment in his right eye in
2008. The visual acuity in his right eye is counting fingers, and in
his left eye, 20/20. Following an examination in 2018, his
ophthalmologist stated, ``In my medical opinion, Mr. Philip Henderson
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Henderson reported that he has driven
straight trucks for six years, accumulating 36,000 miles, and tractor-
trailer combinations for 49 years, accumulating 4.4 million miles. He
holds a Class A CDL from Missouri. His driving record for the last
three years shows one crash and one conviction for a moving violation
in a CMV; improper backing of CMV.
Brian S. Metheny
Mr. Metheny, 44, 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 2018, his ophthalmologist
stated, ``In my opinion [sic] he has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Metheny
reported that he has driven straight trucks for three years,
accumulating 180,000 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.
Roger L. Ridder
Mr. Ridder, 56, has complete loss of vision in his right eye due to
a retinal detachment in 2015. The visual acuity in his right eye is no
light perception, and in his left eye, 20/20. Following an examination
in 2018, his optometrist stated, ``In my professional opinion, Mr.
Roger Ridder has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Ridder reported that he
has driven straight trucks for 35 years, accumulating 105,000 miles,
and tractor-trailer combinations for 30 years, accumulating 60,000
miles. He holds an operator's license from Kansas. His driving record
for the last three years shows no crashes and no convictions for moving
violations in a CMV.
Cody R.E. Zeigler
Mr. Zeigler, 26, has had optic neuropathy in his right eye since
2015. The visual acuity in his right eye is 20/100, and in his left
eye, 20/25. Following an examination in 2018, his optometrist stated,
``I certify in my medical opinion you [sic] have sufficient vision in
your left eye to
[[Page 11862]]
perform the driving tasks required to operate a commercial vehicle as
stated in the FMCSA visual standards.'' Mr. Zeigler reported that he
has driven straight trucks for six years, accumulating 120,000 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.
IV. 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.
Issued on: March 20, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-05950 Filed 3-27-19; 8:45 am]
BILLING CODE 4910-EX-P
