Qualification of Drivers; Exemption Applications; Vision, 33801-33804 [2019-14967]
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Federal Register / Vol. 84, No. 135 / Monday, July 15, 2019 / Notices
docket number, FMCSA–2014–0381;
FMCSA–2014–0382 or FMCSA–2015–
0115, 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.
khammond on DSKBBV9HB2PROD with NOTICES
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 for up
to five years 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 physical qualification standard
for drivers regarding epilepsy found in
49 CFR 391.41(b)(8) states that a person
is physically qualified to drive a CMV
if that person has no established
medical history or clinical diagnosis of
epilepsy or any other condition which
is likely to cause the loss of
consciousness or any loss of ability to
control a CMV.
In addition to the regulations, FMCSA
has published advisory criteria to assist
Medical Examiners in determining
whether drivers with certain medical
conditions are qualified to operate a
CMV in interstate commerce. [49 CFR
part 391, APPENDIX A TO PART 391—
MEDICAL ADVISORY CRITERIA,
section H. Epilepsy: § 391.41(b)(8),
paragraphs 3, 4, and 5.]
The three individuals listed in this
notice have requested renewal of their
exemptions from the epilepsy and
seizure disorders prohibition in 49 CFR
391.41(b)(8), in accordance with
FMCSA procedures. Accordingly,
FMCSA has evaluated these
applications for renewal on their merits
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and decided to extend each exemption
for a renewable two-year period.
III. Request for Comments
Interested parties or organizations
possessing information that would
otherwise show that any, or all, of these
drivers are not currently achieving the
statutory level of safety should
immediately notify FMCSA. The
Agency will evaluate any adverse
evidence submitted and, if safety is
being compromised or if continuation of
the exemption would not be consistent
with the goals and objectives of 49
U.S.C. 31136(e) and 31315, FMCSA will
take immediate steps to revoke the
exemption of a driver.
IV. Basis for Renewing Exemptions
In accordance with 49 U.S.C. 31136(e)
and 31315, each of the three applicants
has satisfied the renewal conditions for
obtaining an exemption from the
epilepsy and seizure disorders
prohibition. The three drivers in this
notice remain in good standing with the
Agency, have maintained their medical
monitoring and have not exhibited any
medical issues that would compromise
their ability to safely operate a CMV
during the previous two-year exemption
period. In addition, for Commercial
Driver’s License (CDL) holders, the
Commercial Driver’s License
Information System (CDLIS) and the
Motor Carrier Management Information
System (MCMIS) are searched for crash
and violation data. For non-CDL
holders, the Agency reviews the driving
records from the State Driver’s
Licensing Agency (SDLA). These factors
provide an adequate basis for predicting
each driver’s ability to continue to
safely operate a CMV in interstate
commerce. Therefore, FMCSA
concludes that extending the exemption
for each renewal applicant for a period
of two years is likely to achieve a level
of safety equal to that existing without
the exemption.
As of June 10, 2019, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following three individuals
have satisfied the renewal conditions for
obtaining an exemption from the
epilepsy and seizure disorders
prohibition in the FMCSRs for interstate
CMV drivers: Monte J. DeRocini (PA);
Teddy H. Dixon (GA); and Bryan R.
Jones (PA).
The drivers were included in docket
number FMCSA–2014–0381; FMCSA–
2014–0382; and FMCSA–2015–0115.
Their exemptions are applicable as of
June 10, 2019, and will expire on June
10, 2021.
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33801
V. Conditions and Requirements
The exemptions are extended subject
to the following conditions: (1) Each
driver must remain seizure-free and
maintain a stable treatment during the
two-year exemption period; (2) each
driver must submit annual reports from
their treating physicians attesting to the
stability of treatment and that the driver
has remained seizure-free; (3) each
driver must undergo an annual medical
examination by a certified Medical
Examiner, as defined by 49 CFR 390.5;
and (4) each driver must provide a copy
of the annual medical certification to
the employer for retention in the
driver’s qualification file, or keep a copy
of his/her driver’s qualification file if
he/she is self-employed. The driver
must also have a copy of the exemption
when driving, for presentation to a duly
authorized Federal, State, or local
enforcement official. The exemption
will be rescinded if: (1) The person fails
to comply with the terms and
conditions of the exemption; (2) the
exemption has resulted in a lower level
of safety than was maintained before it
was granted; or (3) continuation of the
exemption would not be consistent with
the goals and objectives of 49 U.S.C.
31136(e) and 31315.
VI. Preemption
During the period the exemption is in
effect, no State shall enforce any law or
regulation that conflicts with this
exemption with respect to a person
operating under the exemption.
VII. Conclusion
Based on its evaluation of the three
exemption applications, FMCSA renews
the exemptions of the aforementioned
drivers from the epilepsy and seizure
disorders prohibition in 49 CFR
391.41(b)(8). In accordance with 49
U.S.C. 31136(e) and 31315, each
exemption will be valid for two years
unless revoked earlier by FMCSA.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019–14977 Filed 7–12–19; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2019–0011]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
AGENCY:
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Federal Register / Vol. 84, No. 135 / Monday, July 15, 2019 / Notices
Notice of applications for
exemption; request for comments.
ACTION:
FMCSA announces receipt of
applications from 13 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 August 14, 2019.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System (FDMS) Docket No.
FMCSA–2019–0011 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 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:
SUMMARY:
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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–2019–0011),
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
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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–2019–0011, 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–2019–0011, 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
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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 13 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
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
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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.
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III. Qualifications of Applicants
Shawn T. Cobbs
Mr. Cobbs, 47, has had complete loss
of vision in his left eye since 2014. The
visual acuity in his right eye is 20/20,
and in his left eye, no light perception.
Following an examination in 2019, his
optometrist stated, ‘‘In my medical
opinion, I certify that Mr. Cobbs has
sufficient vision in his right eye to
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perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
Cobbs reported that he has driven
tractor-trailer combinations for 18 years,
accumulating 1.62 million miles. He
holds an operator’s license from
Maryland. His driving record for the last
three years shows no crashes and no
convictions for moving violations in a
CMV.
John H.L. Crews
Mr. Crews, 66, has had amblyopia in
his right eye since childhood. The
visual acuity in his right eye is 20/100,
and in his left eye, 20/30. Following an
examination in 2019, his optometrist
stated, ‘‘In my opinion he does have
sufficient vision to perform driving
tasks to operate a commercial vehicle.’’
Mr. Crews reported that he has driven
straight trucks for 35 years,
accumulating 1.87 million miles. He
holds an operator’s license from Utah.
His driving record for the last three
years shows no crashes and no
convictions for moving violations in a
CMV.
Paul T. Fisher
Mr. Fisher, 35, has had a prosthetic
left eye since childhood. 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, ‘‘In my medical
opinion Paul Fisher has sufficient vision
to preform [sic] the driving tasks
required to operate a commercial
vehicle.’’ Mr. Fisher reported that he has
driven tractor-trailer combinations for
three years, accumulating 225,000
miles. He holds a Class A CDL from
Massachusetts. His driving record for
the last three years shows no crashes
and no convictions for moving
violations in a CMV.
Kevin S. Haas
Mr. Hass, 48, has optic nerve pallor in
his right eye due to a traumatic incident
in 1993. The visual acuity in his right
eye is no light perception, and in his left
eye, 20/20. Following an examination in
2019, his optometrist stated, ‘‘In my
professional opinion, Mr. Haas has
sufficient vision to perform the driving
tasks necessary to operate a commercial
vehicle.’’ Mr. Haas reported that he has
driven straight trucks for 22 years,
accumulating 1.65 million miles. He
holds a Class B CDL from Pennsylvania.
His driving record for the last three
years shows no crashes and no
convictions for moving violations in a
CMV.
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33803
Ricky L. Kilpatrick
Mr. Kilpatrick, 60, has complete loss
of vision 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, no light perception.
Following an examination in 2019, his
optometrist stated, ‘‘Ricky Kilpatrick
has sufficient vision to perform the
driving tasks required to operate a
commercial vehicle.’’ Mr. Kilpatrick
reported that he has driven straight
trucks for 34 years, accumulating
340,000 miles, tractor-trailer
combinations for 38 years, accumulating
152,000 miles, and buses for 32 years,
accumulating 352,000 miles. He holds a
Class A CDL from Oklahoma. His
driving record for the last three years
shows no crashes and no convictions for
moving violations in a CMV.
Rodney E. Mattson
Mr. Mattson, 65, has had amblyopia
in his right eye since childhood. The
visual acuity in his right eye is 20/70,
and in his left eye, 20/20. Following an
examination in 2019, his optometrist
stated, ‘‘Reviewed patient has
sufficiency [sic] vision to perform
driving tasks- commercial vehicle.’’ Mr.
Mattson reported that he has driven
straight trucks for four years,
accumulating 8,000 miles, and buses for
four years, accumulating 8,000 miles.
He holds a Class B CDL from Minnesota.
His driving record for the last three
years shows no crashes and no
convictions for moving violations in a
CMV.
Jeffrey T. Molosz
Mr. Molosz, 54, has aphakia in his
right eye due to a traumatic incident in
1980. The visual acuity in his right eye
is 20/50, and in his left eye, 20/20.
Following an examination in 2019, his
optometrist stated, ‘‘Appears to have
sufficient vision to perform driving
tasks required to operate a commercial
vehicle.’’ Mr. Molosz reported that he
has driven straight trucks for 32 years,
accumulating 640,000 miles, and
tractor-trailer combinations for 18 years,
accumulating 180,000 miles. He holds a
Class AM CDL from Illinois. His driving
record for the last 3 years shows no
crashes and no convictions for moving
violations in a CMV.
William H. Moore
Mr. Moore, 54, has had a retinal
detachment in his right eye since 2016.
The visual acuity in his right eye is
counting fingers, and in his left eye, 20/
20. Following an examination in 2018,
his optometrist stated, ‘‘In my medical
opinion Mr. Moore has sufficient vision
to perform the driving task required to
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operate a commercial vehicle.’’ Mr.
Moore reported that he has driven
straight trucks for 10 years,
accumulating 200,000 miles, tractortrailer combinations for 10 years,
accumulating 300,000 miles, and buses
for five years, accumulating 50,000
miles. He holds a Class AMV CDL from
Alabama. His driving record for the last
three years shows no crashes and no
convictions for moving violations in a
CMV.
Thomas N. Pizzurro, Jr.
Mr. Pizzurro, 28, has a macular hole
in his left eye due to a traumatic
incident in 2004. The visual acuity in
his right eye is 20/20, and in his left eye,
20/200. Following an examination in
2019, his ophthalmologist stated, ‘‘In
my medical opinion he has sufficient
vision to perform the driving tasks
required to operate a commercial
vehicle.’’ Mr. Pizzurro reported that he
has driven straight trucks for 10 years,
accumulating 250,000 miles. He holds a
Class B CDL from New York. His driving
record for the last three years shows no
crashes and no convictions for moving
violations in a CMV.
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Glen A. Potts
Mr. Potts, 65, has a macular scar in
his right eye due to a traumatic incident
in 1989. The visual acuity in his right
eye is counting fingers, and in his left
eye, 20/25. Following an examination in
2019, his optometrist stated, ‘‘The
patient has an old macular scar and a
central scotoma present in the right eye.
In my professional opinion I see no
reason why Glen Potts would be unable
to operate a commercial vehicle.’’ Mr.
Potts reported that he has driven
straight trucks for 30 years,
accumulating 1.35 million miles, and
tractor-trailer combinations for 30 years,
accumulating 1.35 million miles. He
holds a Class AM CDL from
Pennsylvania. His driving record for the
last three years shows no crashes and no
convictions for moving violations in a
CMV.
Guillermo Rocha, Jr.
Mr. Rocha, 32, has had amblyopia in
his left eye since childhood. The visual
acuity in his right eye is 20/20, and in
his left eye, 20/150. Following an
examination in 2019, his optometrist
stated, ‘‘Mr. Rocha has been operating a
commercial vehicle for many years
without any incidences [sic] to my
knowledge and has sufficient vision to
perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
Rocha reported that he has driven
straight trucks for five years,
accumulating 60,000 miles. He holds an
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operator’s license from California. His
driving record for the last three years
shows one crash, which he was not
cited for, and no convictions for moving
violations in a CMV
Lawrence A. Sivori
Mr. Sivori, 63, has had amblyopia in
his left eye since childhood. The visual
acuity in his right eye is 20/20, and in
his left eye, 20/50. Following an
examination in 2019, his
ophthalmologist stated, ‘‘His ocular
examination shows nothing that would
preclude him from operating a
commercial vehicle.’’ Mr. Sivori
reported that he has driven straight
trucks for 42 years, accumulating
420,000 miles, and tractor-trailer
combinations for ten years,
accumulating 100,000 miles. He holds a
Class DA CDL from Kentucky. His
driving record for the last three years
shows no crashes and no convictions for
moving violations in a CMV.
Sharon H. Waggoner
Ms. Waggoner, 43, has had amblyopia
in her left eye since birth. The visual
acuity in her right eye is 20/20, and in
her left eye, 20/400. Following an
examination in 2019, her optometrist
stated, ‘‘I certify in my medical opinion
that Sharon Waggoner has sufficient
vision to perform the driving tasks
required to operate a commercial
vehicle.’’ Ms. Waggoner reported that
she has driven tractor-trailer
combinations for 19 years, accumulating
1.9 million miles. She holds a Class A
CDL from Missouri. Her 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: July 5, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019–14967 Filed 7–12–19; 8:45 am]
BILLING CODE 4910–EX–P
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2006–24278; FMCSA–
2006–25854; FMCSA–2008–0355; FMCSA–
2010–0203; FMCSA–2012–0050; FMCSA–
2014–0379; FMCSA–2015–0323]
Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to renew exemptions for eight
individuals from the requirement in the
Federal Motor Carrier Safety
Regulations (FMCSRs) that interstate
commercial motor vehicle (CMV)
drivers have ‘‘no established medical
history or clinical diagnosis of epilepsy
or any other condition which is likely
to cause loss of consciousness or any
loss of ability to control a CMV.’’ The
exemptions enable these individuals
who have had one or more seizures and
are taking anti-seizure medication to
continue to operate CMVs in interstate
commerce.
DATES: Each group of renewed
exemptions were applicable on the
dates stated in the discussions below
and will expire on the dates stated in
the discussions below.
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:
SUMMARY:
I. Public Participation
A. 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–2006–24278;
FMCSA–2006–25854; FMCSA–2008–
0355; FMCSA–2010–0203; FMCSA–
2012–0050; FMCSA–2014–0379 or
FMCSA–2015–0323 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
E:\FR\FM\15JYN1.SGM
15JYN1
]]>Agencies
[Federal Register Volume 84, Number 135 (Monday, July 15, 2019)]
[Notices]
[Pages 33801-33804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14967]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2019-0011]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
[[Page 33802]]
ACTION: Notice of applications for exemption; request for comments.
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SUMMARY: FMCSA announces receipt of applications from 13 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 August 14, 2019.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2019-0011 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-2019-0011), 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-2019-0011, 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-2019-0011, 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 13 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
[[Page 33803]]
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
Shawn T. Cobbs
Mr. Cobbs, 47, has had complete loss of vision in his left eye
since 2014. The visual acuity in his right eye is 20/20, and in his
left eye, no light perception. Following an examination in 2019, his
optometrist stated, ``In my medical opinion, I certify that Mr. Cobbs
has sufficient vision in his right eye to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Cobbs reported that he
has driven tractor-trailer combinations for 18 years, accumulating 1.62
million miles. He holds an operator's license from Maryland. His
driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.
John H.L. Crews
Mr. Crews, 66, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is 20/100, and in his left eye, 20/
30. Following an examination in 2019, his optometrist stated, ``In my
opinion he does have sufficient vision to perform driving tasks to
operate a commercial vehicle.'' Mr. Crews reported that he has driven
straight trucks for 35 years, accumulating 1.87 million miles. He holds
an operator's license from Utah. His driving record for the last three
years shows no crashes and no convictions for moving violations in a
CMV.
Paul T. Fisher
Mr. Fisher, 35, has had a prosthetic left eye since childhood. 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,
``In my medical opinion Paul Fisher has sufficient vision to preform
[sic] the driving tasks required to operate a commercial vehicle.'' Mr.
Fisher reported that he has driven tractor-trailer combinations for
three years, accumulating 225,000 miles. He holds a Class A CDL from
Massachusetts. His driving record for the last three years shows no
crashes and no convictions for moving violations in a CMV.
Kevin S. Haas
Mr. Hass, 48, has optic nerve pallor in his right eye due to a
traumatic incident in 1993. The visual acuity in his right eye is no
light perception, and in his left eye, 20/20. Following an examination
in 2019, his optometrist stated, ``In my professional opinion, Mr. Haas
has sufficient vision to perform the driving tasks necessary to operate
a commercial vehicle.'' Mr. Haas reported that he has driven straight
trucks for 22 years, accumulating 1.65 million miles. He holds a Class
B CDL from Pennsylvania. His driving record for the last three years
shows no crashes and no convictions for moving violations in a CMV.
Ricky L. Kilpatrick
Mr. Kilpatrick, 60, has complete loss of vision 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, no light perception. Following an
examination in 2019, his optometrist stated, ``Ricky Kilpatrick has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Kilpatrick reported that he has driven
straight trucks for 34 years, accumulating 340,000 miles, tractor-
trailer combinations for 38 years, accumulating 152,000 miles, and
buses for 32 years, accumulating 352,000 miles. He holds a Class A CDL
from Oklahoma. His driving record for the last three years shows no
crashes and no convictions for moving violations in a CMV.
Rodney E. Mattson
Mr. Mattson, 65, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/70, and in his left
eye, 20/20. Following an examination in 2019, his optometrist stated,
``Reviewed patient has sufficiency [sic] vision to perform driving
tasks- commercial vehicle.'' Mr. Mattson reported that he has driven
straight trucks for four years, accumulating 8,000 miles, and buses for
four years, accumulating 8,000 miles. He holds a Class B CDL from
Minnesota. His driving record for the last three years shows no crashes
and no convictions for moving violations in a CMV.
Jeffrey T. Molosz
Mr. Molosz, 54, has aphakia in his right eye due to a traumatic
incident in 1980. The visual acuity in his right eye is 20/50, and in
his left eye, 20/20. Following an examination in 2019, his optometrist
stated, ``Appears to have sufficient vision to perform driving tasks
required to operate a commercial vehicle.'' Mr. Molosz reported that he
has driven straight trucks for 32 years, accumulating 640,000 miles,
and tractor-trailer combinations for 18 years, accumulating 180,000
miles. He holds a Class AM CDL from Illinois. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
William H. Moore
Mr. Moore, 54, has had a retinal detachment in his right eye since
2016. The visual acuity in his right eye is counting fingers, and in
his left eye, 20/20. Following an examination in 2018, his optometrist
stated, ``In my medical opinion Mr. Moore has sufficient vision to
perform the driving task required to
[[Page 33804]]
operate a commercial vehicle.'' Mr. Moore reported that he has driven
straight trucks for 10 years, accumulating 200,000 miles, tractor-
trailer combinations for 10 years, accumulating 300,000 miles, and
buses for five years, accumulating 50,000 miles. He holds a Class AMV
CDL from Alabama. His driving record for the last three years shows no
crashes and no convictions for moving violations in a CMV.
Thomas N. Pizzurro, Jr.
Mr. Pizzurro, 28, has a macular hole in his left eye due to a
traumatic incident in 2004. The visual acuity in his right eye is 20/
20, and in his left eye, 20/200. Following an examination in 2019, his
ophthalmologist stated, ``In my medical opinion he has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Pizzurro reported that he has driven straight trucks for
10 years, accumulating 250,000 miles. He holds a Class B CDL from New
York. His driving record for the last three years shows no crashes and
no convictions for moving violations in a CMV.
Glen A. Potts
Mr. Potts, 65, has a macular scar in his right eye due to a
traumatic incident in 1989. The visual acuity in his right eye is
counting fingers, and in his left eye, 20/25. Following an examination
in 2019, his optometrist stated, ``The patient has an old macular scar
and a central scotoma present in the right eye. In my professional
opinion I see no reason why Glen Potts would be unable to operate a
commercial vehicle.'' Mr. Potts reported that he has driven straight
trucks for 30 years, accumulating 1.35 million miles, and tractor-
trailer combinations for 30 years, accumulating 1.35 million miles. He
holds a Class AM CDL from Pennsylvania. His driving record for the last
three years shows no crashes and no convictions for moving violations
in a CMV.
Guillermo Rocha, Jr.
Mr. Rocha, 32, 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/
150. Following an examination in 2019, his optometrist stated, ``Mr.
Rocha has been operating a commercial vehicle for many years without
any incidences [sic] to my knowledge and has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Rocha reported that he has driven straight trucks for five years,
accumulating 60,000 miles. He holds an operator's license from
California. His driving record for the last three years shows one
crash, which he was not cited for, and no convictions for moving
violations in a CMV
Lawrence A. Sivori
Mr. Sivori, 63, 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/
50. Following an examination in 2019, his ophthalmologist stated, ``His
ocular examination shows nothing that would preclude him from operating
a commercial vehicle.'' Mr. Sivori reported that he has driven straight
trucks for 42 years, accumulating 420,000 miles, and tractor-trailer
combinations for ten years, accumulating 100,000 miles. He holds a
Class DA CDL from Kentucky. His driving record for the last three years
shows no crashes and no convictions for moving violations in a CMV.
Sharon H. Waggoner
Ms. Waggoner, 43, has had amblyopia in her left eye since birth.
The visual acuity in her right eye is 20/20, and in her left eye, 20/
400. Following an examination in 2019, her optometrist stated, ``I
certify in my medical opinion that Sharon Waggoner has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Ms. Waggoner reported that she has driven tractor-trailer
combinations for 19 years, accumulating 1.9 million miles. She holds a
Class A CDL from Missouri. Her 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: July 5, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-14967 Filed 7-12-19; 8:45 am]
BILLING CODE 4910-EX-P
