Qualification of Drivers; Exemption Applications; Vision, 23629-23632 [2019-10708]
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Federal Register / Vol. 84, No. 99 / Wednesday, May 22, 2019 / Notices
this notice is to improve the public’s
awareness of, and participation in, the
FAA’s exemption process. Neither
publication of this notice nor the
inclusion or omission of information in
the summary is intended to affect the
legal status of the petition or its final
disposition.
Comments on this petition must
identify the petition docket number and
must be received on or before June 11,
2019.
DATES:
Send comments identified
by docket number FAA–2019–0226
using any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
the online instructions for sending your
comments electronically.
• Mail: Send comments to Docket
Operations, M–30; U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, Room W12–140, West
Building Ground Floor, Washington, DC
20590–0001.
• Hand Delivery or Courier: Take
comments to Docket Operations in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
• Fax: Fax comments to Docket
Operations at (202) 493–2251.
Privacy: 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
https://www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
Docket: Background documents or
comments received may be read at
https://www.regulations.gov at any time.
Follow the online instructions for
accessing the docket or go to the Docket
Operations in Room W12–140 of the
West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC
20590–0001, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
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ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Linda Lane (202) 267–7280, Office of
Rulemaking, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20591.
This notice is published pursuant to
14 CFR 11.85.
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Issued in Washington, DC, on May 16,
2019.
Lirio Liu,
Executive Director, Office of Rulemaking.
Petition for Exemption
Docket No.: FAA–2019–0226.
Petitioner: Alakai Technologies
Corporation.
Section(s) of 14 CFR Affected:
21.17(a).
Description of Relief Sought: Alakai
Technologies Corporation seeks an
exemption from part 21, section
21.17(a), with a desire to utilize section
21.17(b) for the purpose of establishing
and using airworthiness standards for
small category multi-rotor hydrogen
powered electrical vertical take-off and
landing (VTOL) aircraft.
[FR Doc. 2019–10629 Filed 5–21–19; 8:45 am]
BILLING CODE 4910–13–P
23629
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.
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.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF TRANSPORTATION
I. Public Participation
Federal Motor Carrier Safety
Administration
A. Submitting Comments
[Docket No. FMCSA–2019–0009]
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 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 June 21, 2019.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System (FDMS) Docket No.
FMCSA–2019–0009 using any of the
following methods:
• Federal eRulemaking Portal: Go to
https://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,
SUMMARY:
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If you submit a comment, please
include the docket number for this
notice (Docket No. FMCSA–2019–0009),
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–2019–0009, 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
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.
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Federal Register / Vol. 84, No. 99 / Wednesday, May 22, 2019 / Notices
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–2019–0009, 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.
jbell on DSK3GLQ082PROD with NOTICES
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 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
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° in the horizontal
Meridian in each eye, and the ability to
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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.
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
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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
Cesar Avila
Mr. Avila, 35, has had amblyopia in
his left eye since birth. The visual acuity
in his right eye is 20/20, and in his left
eye, 20/400. Following an examination
in 2019, his optometrist stated, ‘‘It is our
opinion that Cesar would have
sufficient vision and visual fields to
perform any commercial driving task
provided to him.’’ Mr. Avila reported
that he has driven straight trucks for 15
years, accumulating 360,000 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.
Scott R. Barber
Mr. Barber, 47, has optic atrophy in
his left eye due to a traumatic incident
in 1996. 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, ‘‘It is in my medical
option, [sic] I believe Mr. Scott Barber
has sufficient vision to perform the
driving tasks required to operate a
commercial vehicle based on these
requirements.’’ Mr. Barber reported that
he has driven straight trucks for 26
years, accumulating 26,000 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.
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Jonathan A. Brown
Mr. Brown, 66, has a cataract in his
right eye due to a traumatic incident in
2007. The visual acuity in his right eye
is 20/200, and in his left eye, 20/25.
Following an examination in 2019, his
optometrist stated, ‘‘My opinion is that
Mr. Brown has sufficient vision to drive
commercial vehicles.’’ Mr. Brown
reported that he has driven straight
trucks for 48 years, accumulating
960,000 miles, and tractor-trailer
combinations for 48 years, accumulating
192,000 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.
Glenn E. Coombes, Jr.
Mr. Coombes, 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, counting fingers.
Following an examination in 2018, his
optometrist stated, ‘‘Patient does have
sufficient vision to operate commercial
vehicle.’’ Mr. Coombes reported that he
has driven straight trucks for two years,
accumulating 1,200 miles, and tractortrailer combinations for ten years,
accumulating 1.06 million miles. He
holds a Class A CDL from Texas. His
driving record for the last three years
shows no crashes and no convictions for
moving violations in a CMV.
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John A. DeVos III
Mr. DeVos, 55, has macular
chorioretinal scars in his left eye due to
a traumatic incident in 2009. 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, Mr.
Devos [sic] maintains sufficient vision
to continue to operate a commercial
vehicle despite the sustained eye injury
to his left eye.’’ Mr. DeVos reported that
he has driven straight trucks for seven
years, accumulating 182,000 miles, and
tractor-trailer combinations for 15 years,
accumulating 180,000 miles. He holds a
Class A CDL from Vermont. His driving
record for the last three years shows no
crashes and no convictions for moving
violations in a CMV.
Marc W. Enderson
Mr. Enderson, 53, has a retinal
detachment in his right eye due to a
traumatic incident in 1991. The visual
acuity in his right eye is counting
fingers, and in his left eye, 20/15.
Following an examination in 2019, his
optometrist stated, ‘‘In my opinion Mr.
Enderson has sufficient vision to
perform driving tasks to operate a
commercial vehicle.’’ Mr. Enderson
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reported that he has driven straight
trucks for 15 years, accumulating
225,000 miles, tractor-trailer
combinations for 23 years, accumulating
460,000 miles, and buses for 12 years,
accumulating 144,000 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 R. Enoch
Mr. Enoch, 70, has had macular
degeneration in his right eye since 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, ‘‘With
spectacle correction, the patient’s only
well seeing left eye has vision that is
adequate for operating a commercial
vehicle with a commercial driver’s
license.’’ Mr. Enoch reported that he has
driven tractor-trailer combinations for
45 years, accumulating 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.
Donald K. Etter
Mr. Etter, 82, has had amblyopia in
his right eye since birth. The visual
acuity in his right eye is 20/80, and in
his left eye, 20/25. Following an
examination in 2019, his optometrist
stated, ‘‘Corrected vision, especially left
eye is sufficient to perform driving tasks
to operate a commercial vehicle.’’ Mr.
Etter reported that he has driven straight
trucks for 65 years, accumulating 97,500
miles, and tractor-trailer combinations
for 65 years, accumulating 97,500 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.
Juan O. Gonzalez
Mr. Gonzalez, 51, has had a
chorioretinal scar 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 2019, his
optometrist stated, ‘‘Based on my exam
findings, and due to the nature of the
condition, Mr. Gonzalez’s vision is
stable. In my opinion, Mr. Gonzalez has
the capability of operating a commercial
vehicle.’’ Mr. Gonzalez reported that he
has driven straight trucks for ten years,
accumulating 1.1 million miles, and
tractor-trailer combinations for six
years, accumulating 660,000 miles. He
holds a Class A CDL from Texas. His
driving record for the last three years
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23631
shows no crashes and no convictions for
moving violations in a CMV.
Vashion E. Hammond
Mr. Hammond, 40, has a cataract in
his left eye due to a traumatic incident
in childhood. The visual acuity in his
right eye is 20/15, and in his left eye,
hand motion. Following an examination
in 2019, his optometrist stated, ‘‘Mr.
Hammond meets the visual
requirements to perform the driving
tasks required to operate a commercial
motor vehicle.’’ Mr. Hammond reported
that he has driven straight trucks for two
years, accumulating 140,000 miles, and
tractor-trailer combinations for 12 years,
accumulating 840,000 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.
John M. Harvey
Mr. Harvey, 31, has had amblyopia in
his right eye since childhood. The
visual acuity in his right eye is 20/80,
and in his left eye, 20/20. Following an
examination in 2018, his optometrist
stated, ‘‘Pt. has 4 year history of driving
a commercial vehicle and may continue
doing so given today’s vision
examination findings [sic].’’ Mr. Harvey
reported that he has driven straight
trucks for four years, accumulating
64,400 miles, and tractor-trailer
combinations for four years,
accumulating 20,000 miles. He holds a
Class A CDL from Texas. His driving
record for the last three years shows no
crashes and no convictions for moving
violations in a CMV.
Jerry L. Hofer
Mr. Hofer, 67, has a prosthetic 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 ophthalmologist stated,
‘‘This certifies that the patient has
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Hofer reported that he has
driven buses for 13 years, accumulating
273,000 miles. He holds a Class B CDL
from New Mexico. His driving record
for the last three years shows no crashes
and no convictions for moving
violations in a CMV.
Victor H. Lopez-Campa
Mr. Lopez-Campa, 36, has a prosthetic
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 ophthalmologist stated, ‘‘I
see no change in his ocular status or
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new issue that would preclude him
from continuing to drive as a
commercial vehicle operator.’’ Mr.
Lopez-Campa reported that he has
driven straight trucks for three years,
accumulating 150,000 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.
Mark A. Schlesselman
Mr. Schlesselman, 45, has a cataract
in his right eye due to a traumatic
incident 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 medical opinion Mark
has sufficient vision to perform the
driving tasks required to operate a
commercial vehicle.’’ Mr. Schlesselman
reported that he has driven straight
trucks for 15 years, accumulating
375,000 miles, and tractor-trailer
combinations for 25 years, accumulating
2.5 million 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.
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: May 10, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019–10708 Filed 5–21–19; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2019–0104]
Qualification of Drivers; Exemption
Applications; Implantable Cardioverter
Defibrillators
I. Public Participation
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of applications for
exemption; request for comments.
If you submit a comment, please
include the docket number for this
notice (Docket No. FMCSA–2019–0104),
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
AGENCY:
jbell on DSK3GLQ082PROD with NOTICES
of a commercial motor vehicle (CMV) by
persons with a current clinical diagnosis
of myocardial infarction, angina
pectoris, coronary insufficiency,
thrombosis, or any other cardiovascular
disease of a variety known to be
accompanied by syncope, dyspnea,
collapse, or congestive heart failure. If
granted, the exemptions would enable
these individuals with implantable
cardioverter defibrillators (ICDs) to
operate CMVs in interstate commerce.
DATES: Comments must be received on
or before June 21, 2019.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System (FDMS) Docket ID
FMCSA–2019–0104 using any of the
following methods:
• Federal eRulemaking Portal: Go to
https://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.
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 from 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:
FMCSA announces receipt of
applications from three individuals for
an exemption from the prohibition in
the Federal Motor Carrier Safety
Regulations (FMCSRs) against operation
SUMMARY:
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A. Submitting Comments
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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–2019–0104, 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
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–2019–0104, 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
E:\FR\FM\22MYN1.SGM
22MYN1
]]>Agencies
[Federal Register Volume 84, Number 99 (Wednesday, May 22, 2019)]
[Notices]
[Pages 23629-23632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10708]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2019-0009]
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 June 21, 2019.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2019-0009 using any of the
following methods:
Federal eRulemaking Portal: Go to https://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.
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-2019-0009), 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-2019-0009, 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.
[[Page 23630]]
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-2019-0009, 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 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 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.
III. Qualifications of Applicants
Cesar Avila
Mr. Avila, 35, has had amblyopia in his left eye since birth. The
visual acuity in his right eye is 20/20, and in his left eye, 20/400.
Following an examination in 2019, his optometrist stated, ``It is our
opinion that Cesar would have sufficient vision and visual fields to
perform any commercial driving task provided to him.'' Mr. Avila
reported that he has driven straight trucks for 15 years, accumulating
360,000 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.
Scott R. Barber
Mr. Barber, 47, has optic atrophy in his left eye due to a
traumatic incident in 1996. 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, ``It is in my medical option, [sic] I believe Mr.
Scott Barber has sufficient vision to perform the driving tasks
required to operate a commercial vehicle based on these requirements.''
Mr. Barber reported that he has driven straight trucks for 26 years,
accumulating 26,000 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.
[[Page 23631]]
Jonathan A. Brown
Mr. Brown, 66, has a cataract in his right eye due to a traumatic
incident in 2007. The visual acuity in his right eye is 20/200, and in
his left eye, 20/25. Following an examination in 2019, his optometrist
stated, ``My opinion is that Mr. Brown has sufficient vision to drive
commercial vehicles.'' Mr. Brown reported that he has driven straight
trucks for 48 years, accumulating 960,000 miles, and tractor-trailer
combinations for 48 years, accumulating 192,000 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.
Glenn E. Coombes, Jr.
Mr. Coombes, 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,
counting fingers. Following an examination in 2018, his optometrist
stated, ``Patient does have sufficient vision to operate commercial
vehicle.'' Mr. Coombes reported that he has driven straight trucks for
two years, accumulating 1,200 miles, and tractor-trailer combinations
for ten years, accumulating 1.06 million miles. He holds a Class A CDL
from Texas. His driving record for the last three years shows no
crashes and no convictions for moving violations in a CMV.
John A. DeVos III
Mr. DeVos, 55, has macular chorioretinal scars in his left eye due
to a traumatic incident in 2009. 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, Mr. Devos [sic]
maintains sufficient vision to continue to operate a commercial vehicle
despite the sustained eye injury to his left eye.'' Mr. DeVos reported
that he has driven straight trucks for seven years, accumulating
182,000 miles, and tractor-trailer combinations for 15 years,
accumulating 180,000 miles. He holds a Class A CDL from Vermont. His
driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.
Marc W. Enderson
Mr. Enderson, 53, has a retinal detachment in his right eye due to
a traumatic incident in 1991. The visual acuity in his right eye is
counting fingers, and in his left eye, 20/15. Following an examination
in 2019, his optometrist stated, ``In my opinion Mr. Enderson has
sufficient vision to perform driving tasks to operate a commercial
vehicle.'' Mr. Enderson reported that he has driven straight trucks for
15 years, accumulating 225,000 miles, tractor-trailer combinations for
23 years, accumulating 460,000 miles, and buses for 12 years,
accumulating 144,000 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 R. Enoch
Mr. Enoch, 70, has had macular degeneration in his right eye since
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, ``With spectacle correction, the patient's only
well seeing left eye has vision that is adequate for operating a
commercial vehicle with a commercial driver's license.'' Mr. Enoch
reported that he has driven tractor-trailer combinations for 45 years,
accumulating 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.
Donald K. Etter
Mr. Etter, 82, has had amblyopia in his right eye since birth. The
visual acuity in his right eye is 20/80, and in his left eye, 20/25.
Following an examination in 2019, his optometrist stated, ``Corrected
vision, especially left eye is sufficient to perform driving tasks to
operate a commercial vehicle.'' Mr. Etter reported that he has driven
straight trucks for 65 years, accumulating 97,500 miles, and tractor-
trailer combinations for 65 years, accumulating 97,500 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.
Juan O. Gonzalez
Mr. Gonzalez, 51, has had a chorioretinal scar 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 2019, his optometrist
stated, ``Based on my exam findings, and due to the nature of the
condition, Mr. Gonzalez's vision is stable. In my opinion, Mr. Gonzalez
has the capability of operating a commercial vehicle.'' Mr. Gonzalez
reported that he has driven straight trucks for ten years, accumulating
1.1 million miles, and tractor-trailer combinations for six years,
accumulating 660,000 miles. He holds a Class A CDL from Texas. His
driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.
Vashion E. Hammond
Mr. Hammond, 40, has a cataract in his left eye due to a traumatic
incident in childhood. The visual acuity in his right eye is 20/15, and
in his left eye, hand motion. Following an examination in 2019, his
optometrist stated, ``Mr. Hammond meets the visual requirements to
perform the driving tasks required to operate a commercial motor
vehicle.'' Mr. Hammond reported that he has driven straight trucks for
two years, accumulating 140,000 miles, and tractor-trailer combinations
for 12 years, accumulating 840,000 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.
John M. Harvey
Mr. Harvey, 31, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is 20/80, and in his left eye, 20/
20. Following an examination in 2018, his optometrist stated, ``Pt. has
4 year history of driving a commercial vehicle and may continue doing
so given today's vision examination findings [sic].'' Mr. Harvey
reported that he has driven straight trucks for four years,
accumulating 64,400 miles, and tractor-trailer combinations for four
years, accumulating 20,000 miles. He holds a Class A CDL from Texas.
His driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.
Jerry L. Hofer
Mr. Hofer, 67, has a prosthetic 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 ophthalmologist stated, ``This certifies that the patient has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Hofer reported that he has driven buses for
13 years, accumulating 273,000 miles. He holds a Class B CDL from New
Mexico. His driving record for the last three years shows no crashes
and no convictions for moving violations in a CMV.
Victor H. Lopez-Campa
Mr. Lopez-Campa, 36, has a prosthetic 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 ophthalmologist stated, ``I see no change in his ocular status or
[[Page 23632]]
new issue that would preclude him from continuing to drive as a
commercial vehicle operator.'' Mr. Lopez-Campa reported that he has
driven straight trucks for three years, accumulating 150,000 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.
Mark A. Schlesselman
Mr. Schlesselman, 45, has a cataract in his right eye due to a
traumatic incident 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 medical opinion Mark has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Schlesselman reported that he has driven
straight trucks for 15 years, accumulating 375,000 miles, and tractor-
trailer combinations for 25 years, accumulating 2.5 million 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.
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: May 10, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-10708 Filed 5-21-19; 8:45 am]
BILLING CODE 4910-EX-P
