Qualification of Drivers; Exemption Applications; Vision, 52160-52163 [2019-21285]
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52160
Federal Register / Vol. 84, No. 190 / Tuesday, October 1, 2019 / Notices
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
On May 22, 2019, FMCSA published
a FR notice (84 FR 23632) announcing
receipt of applications from three
individuals treated with ICDs and
requested comments from the public.
These three individuals requested an
exemption from 49 CFR 391.41(b)(4)
which prohibits operation of a CMV in
interstate commerce 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. The public comment period
closed on June 21, 2019, and no
comments were received.
FMCSA has evaluated the eligibility
of these applicants and concluded that
granting these exemptions would not
provide a level of safety that would be
equivalent to, or greater than, the level
of safety that would be obtained by
complying with § 391.41(b)(4). A
summary of each applicant’s medical
history related to their ICD exemption
request was discussed in the May 22,
2019, Federal Register notice and will
not be repeated here.
The Agency’s decision regarding these
exemption applications is based on
information from the Cardiovascular
Medical Advisory Criteria, an April
2007 evidence report titled
‘‘Cardiovascular Disease and
Commercial Motor Vehicle Driver
Safety,’’ 1 and a December 2014 focused
research report titled ‘‘Implantable
Cardioverter Defibrillators and the
Impact of a Shock in a Patient When
Deployed.’’ Copies of these reports are
included in the docket.
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.2 The advisory criteria for
§ 391.41(b)(4) indicates that coronary
artery bypass surgery and pacemaker
1 The reports are available on the internet at
https://rosap.ntl.bts.gov/view/dot/16462; https://
rosap.ntl.bts.gov/view/dot/21199.
2 These criteria may be found in 49 CFR part 391,
APPENDIX A TO PART 391—MEDICAL
ADVISORY CRITERIA, section D. Cardiovascular:
§ 391.41(b)(4), paragraph 4, which is available on
the internet at https://www.gpo.gov/fdsys/pkg/CFR2015-title49-vol5/pdf/CFR-2015-title49-vol5part391-appA.pdf.
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implantation are remedial procedures
and thus, not medically disqualifying.
Implantable cardioverter defibrillators
are disqualifying due to risk of syncope.
Issued on: September 25, 2019.
Larry W. Minor,
Associate Administrator for Policy.
III. Discussion of Comments
BILLING CODE 4910–EX–P
FMCSA received no comments in this
proceeding.
IV. Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and
31315(b), FMCSA may grant an
exemption from the FMCSRs for no
longer than a 5-year period if it finds
such exemption would likely achieve a
level of safety that is equivalent to, or
greater than, the level that would be
achieved absent such exemption.
The Agency’s decision regarding these
exemption applications is based on an
individualized assessment of each
applicant’s medical information,
available medical and scientific data
concerning ICDs, and any relevant
public comments received.
In the case of persons with ICDs, the
underlying condition for which the ICD
was implanted places the individual at
high risk for syncope or other
unpredictable events known to result in
gradual or sudden incapacitation. ICDs
may discharge, which could result in
loss of ability to safely control a CMV.
The December 2014 focused research
report referenced previously upholds
the findings of the April 2007 report and
indicates that the available scientific
data on persons with ICDs and CMV
driving does not support that persons
with ICDs who operate CMVs are able
to meet an equal or greater level of
safety.
V. Conclusion
The Agency has determined that the
available medical and scientific
literature and research provides
insufficient data to enable the Agency to
conclude that granting these exemptions
would achieve a level of safety
equivalent to, or greater than, the level
of safety maintained without the
exemption. Therefore, the following
three applicants have been denied
exemptions from the physical
qualification standards in § 391.41(b)(4):
Martin Carter (ME)
Vincent Collelo (WI)
Richard D. Siske (OH)
Each applicant has, prior to this
notice, received a letter of final
disposition regarding his/her exemption
request. Those decision letters fully
outlined the basis for the denial and
constitute final action by the Agency.
The list published today summarizes
the Agency’s recent denials as required
under 49 U.S.C. 31315(b)(4).
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[FR Doc. 2019–21282 Filed 9–30–19; 8:45 am]
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2019–0015]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of applications for
exemption; request for comments.
AGENCY:
SUMMARY: FMCSA announces receipt of
applications from 15 individuals for an
exemption from the vision requirement
in the Federal Motor Carrier Safety
Regulations (FMCSRs) to operate a
commercial motor vehicle (CMV) in
interstate commerce. If granted, the
exemptions will enable these
individuals to operate CMVs in
interstate commerce without meeting
the vision requirement in one eye.
DATES: Comments must be received on
or before October 31, 2019.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System (FDMS) Docket No.
FMCSA–2019–0015 using any of the
following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/docket?
D=FMCSA-2019-0015. Follow the online
instructions for submitting comments.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 1200
New Jersey Avenue SE, West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery: West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., ET,
Monday through Friday, except Federal
Holidays.
• Fax: (202) 493–2251.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation’’ portion of the
SUPPLEMENTARY INFORMATION section for
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical
Programs Division, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
New Jersey Avenue SE, Room W64–224,
Washington, DC 20590–0001. Office
hours are 8:30 a.m. to 5 p.m., ET,
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Federal Register / Vol. 84, No. 190 / Tuesday, October 1, 2019 / Notices
Monday through Friday, except Federal
holidays. If you have questions
regarding viewing or submitting
material to the docket, contact Docket
Services, (202) 366–9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
A. Submitting Comments
If you submit a comment, please
include the docket number for this
notice (Docket No. FMCSA–2019–0015),
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/docket?
D=FMCSA-2019-0015. 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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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/docket?
D=FMCSA-2019-0015 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.
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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(b), FMCSA may grant an
exemption from the FMCSRs for no
longer than a 5-year period if it finds
such exemption would likely achieve a
level of safety that is equivalent to, or
greater than, the level that would be
achieved absent such exemption. The
statute also allows the Agency to renew
exemptions at the end of the 5-year
period. FMCSA grants medical
exemptions from the FMCSRs for a 2year period to align with the maximum
duration of a driver’s medical
certification.
The 15 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
§ 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.
On July 16, 1992, the Agency first
published the criteria for the Vision
Waiver Program, which listed the
conditions and reporting standards that
CMV drivers approved for participation
would need to meet (57 FR 31458). The
current Vision Exemption Program was
established in 1998, following the
enactment of amendments to the
statutes governing exemptions made by
§ 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
§ 391.41(b)(10).
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To qualify for an exemption from the
vision requirement, FMCSA requires a
person to present verifiable evidence
that he/she has driven a commercial
vehicle safely in intrastate commerce
with the vision deficiency for the past
three years. Recent driving performance
is especially important in evaluating
future safety, according to several
research studies designed to correlate
past and future driving performance.
Results of these studies support the
principle that the best predictor of
future performance by a driver is his/her
past record of crashes and traffic
violations. Copies of the studies may be
found at https://www.regulations.gov/
docket?D=FMCSA-1998-3637.
FMCSA believes it can properly apply
the principle to monocular drivers,
because data from the Federal Highway
Administration’s (FHWA) former waiver
study program clearly demonstrated the
driving performance of experienced
monocular drivers in the program is
better than that of all CMV drivers
collectively.1 The fact that experienced
monocular drivers demonstrated safe
driving records in the waiver program
supports a conclusion that other
monocular drivers, meeting the same
qualifying conditions as those required
by the waiver program, are also likely to
have adapted to their vision deficiency
and will continue to operate safely.
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
1 A thorough discussion of this issue may be
found in a FHWA final rule published in the
Federal Register on March 26, 1996 and available
on the internet at https://www.govinfo.gov/content/
pkg/FR-1996-03-26/pdf/96-7226.pdf.
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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.
tractor-trailer combinations for five
years, accumulating 75,000 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.
III. Qualifications of Applicants
Robert K. Eggleston
Mr. Eggleston, 31, has had amblyopia
in the 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
ophthalmologist stated, ‘‘In my opinion
this patient has sufficient vision to
perform all driving tasks required to
operate a commercial vehicle.’’ Mr.
Eggleston reported that he has driven
straight trucks for six years,
accumulating 249,000 miles, and
tractor-trailer combinations for one year,
accumulating 1,000 miles. He holds a
Class A CDL from Ohio. His driving
record for the last three years shows no
crashes and no convictions for moving
violations in a CMV.
David E. Bryant, Jr.
Mr. Bryant, has a macular scar in the
right eye due to sarcoidosis in 1993. The
visual acuity in his right eye is hand
motion, and in his left eye, 20/20.
Following an examination in 2019, his
optometrist stated, ‘‘In my medical
opinion, Mr. Bryant has sufficient vision
to perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
Bryant reported that he has driven
straight trucks for 30 years,
accumulating 750,000 miles, tractortrailer combinations for 25 years,
accumulating 1.5 million miles, and
buses for 30 years, accumulating 90,000
miles. He holds a Class A CDL from
North Carolina. His driving record for
the last three years shows two crashes,
for which he was not cited, and no
convictions for moving violations in a
CMV.
Zackary C. Crichton
Mr. Crichton, 31, has retinopathy in
his right eye due to toxoplasmosis in
childhood. The visual acuity in his right
eye is 20/400, and in his left eye, 20/20.
Following an examination in 2019, his
optometrist stated, ‘‘Zachary [sic] has
had this condition since he was 12. At
this time in my medical opinion, I do
believe Zachary [sic] can safely operate
a commercial vehicle as he has for many
years with this condition.’’ Mr. Crichton
reported that he has driven straight
trucks for six years, accumulating
150,000 miles, and tractor-trailer
combinations for six years,
accumulating 300,000 miles. He holds a
Class A CDL from Wyoming. His driving
record for the last three years shows no
crashes and no convictions for moving
violations in a CMV.
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Terence P. Dailey
Mr. Dailey, 63, has corneal scars in
his left eye due to a traumatic incident
in childhood. The visual acuity in his
right eye is 20/20, and in his left eye,
counting fingers. Following an
examination in 2019, his
ophthalmologist stated, ‘‘According to
my medical opinion based on his
August 12, 2019 dilated comprehensive
eye examination, he is capable of
operating a commercial vehicle.’’ Mr.
Dailey reported that he has driven
straight trucks for 49 years,
accumulating 1.2 million miles, and
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Luiz Gonzalez
Mr. Gonzalez, 33, has had amblyopia
in his right eye since birth. The visual
acuity in his right eye is 20/400, and in
his left eye, 20/20. Following an
examination in 2019, his optometrist
stated, ‘‘He has lived his entire life with
his vision exactly the way it is now and
poses no threat while driving a
commercial vehicle.’’ Mr. Gonzalez
reported that he has driven straight
trucks for five years, accumulating
130,000 miles. He holds an operator’s
license from New Jersey. His driving
record for the last three years shows no
crashes and no convictions for moving
violations in a CMV.
Ahmed M. Gutale
Mr. Gutale, 46, has a prosthetic 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, no light
perception. Following an examination
in 2019, his ophthalmologist stated, ‘‘I
certify that in my opinion he has
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Gutale reported that he
has driven tractor-trailer combinations
for 19 years, accumulating 1.5 million
miles. He holds a Class A CDL from
Minnesota. His driving record for the
last three years shows no crashes and no
convictions for moving violations in a
CMV.
James W. Harris
Mr. Harris, 68, has had a paracentral
scotoma in his right eye since birth. The
visual acuity in his right eye is 20/150,
and in his left eye, 20/30. Following an
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examination in 2019, his optometrist
stated, ‘‘Due to the long standing nature
of his vision deficiency and driving
record, I feel he has sufficient vision to
perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
Harris reported that he has driven
tractor-trailer combinations for 50 years,
accumulating 1.6 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.
Dobbin L. Kirkbride
Mr. Kirkbride, 54, has a cataract in his
left eye due to a traumatic incident in
2011. The visual acuity in his right eye
is 20/20, and in his left eye, light
perception. Following an examination
in 2019, his optometrist stated, ‘‘After
an in-depth conversation with Mr.
Kirkbride . . . it is my opinion that he
has sufficient vision to operate a
commercial vehicle.’’ Mr. Kirkbride
reported that he has driven straight
trucks for ten years, accumulating
520,000 miles, and tractor-trailer
combinations for 33 years, accumulating
2.6 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.
Daniel F. Large
Mr. Large, 40, has a retinal
detachment 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, 20/15. Following an
examination in 2019, his
ophthalmologist stated, ‘‘In summary, I
believe Mr. Large has sufficient vision to
perform his tasks of operating a
commercial vehicle.’’ Mr. Large reported
that he has driven straight trucks for 12
years, accumulating 132,000 miles, and
tractor-trailer combinations for 12 years,
accumulating 168,000 miles. He holds a
Class A CDL from Missouri. His driving
record for the last three years shows no
crashes and no convictions for moving
violations in a CMV.
Jonathan D. Matlasz
Mr. Matlasz, 44, has had lenticonus in
his right eye since birth. The visual
acuity in his right eye is 20/100, and in
his left eye, 20/20. Following an
examination in 2019, his optometrist
stated, ‘‘He has sufficient vision to
perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
Matlasz reported that he has driven
straight trucks for eight years,
accumulating 120,000 miles. He holds a
Class B CDL from Connecticut. His
driving record for the last three years
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shows no crashes and no convictions for
moving violations in a CMV.
James Muldoon
Mr. Muldoon, 57, has a cataract in his
left eye due to a traumatic incident in
1966. The visual acuity in his right eye
is 20/20, and in his left eye, hand
motion. Following an examination in
2019, his ophthalmologist stated,
‘‘Based of records I have seen from 2011
he has no interval changes in his vision
and his commercial license status
should not be changed, as in my
opinion he has sufficient vision to drive
a commercial vehicle.’’ Mr. Muldoon
reported that he has driven tractortrailer combinations for 13 years,
accumulating 1.17 million miles. He
holds a Class AM 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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Andrew R. Peel
Mr. Peel, 44, has a retinal detachment
in his left eye due to a traumatic
incident in childhood. The visual acuity
in his right eye is 20/20, and in his left
eye, 20/400. Following an examination
in 2019, his optometrist stated, ‘‘In my
opinion, Andrew has sufficient vision to
operate a commercial vehicle, as he has
been doing this for the past 20 years, as
long as he is wearing his glasses
prescription and has appropriate
mirrors for a commercial vehicle.’’ Mr.
Peel reported that he has driven straight
trucks for 17 years, accumulating
391,000 miles, and tractor-trailer
combinations for 17 years, accumulating
459,000 miles. He holds a Class A CDL
from Montana. His driving record for
the last three years shows no crashes
and no convictions for moving
violations in a CMV.
William D. Shelt
Mr. Shelt, 43, has had amblyopia in
his left eye since birth. The visual acuity
in his right eye is 20/20, and in his left
eye, 20/100. Following an examination
in 2019, his optometrist stated, ‘‘Patient
has sufficient vision to operate a
commercial vehicle.’’ Mr. Shelt reported
that he has driven straight trucks for 20
years, accumulating 600,000 miles. He
holds an operator’s license from
Alabama. His driving record for the last
three years shows no crashes and no
convictions for moving violations in a
CMV.
James L. Stacy
Mr. Stacy, 53, has a macular hole in
his right eye due to a traumatic incident
in 2008. The visual acuity in his right
eye is 20/200, and in his left eye, 20/20.
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Following an examination in 2019, his
optometrist stated, ‘‘Due to Mr. Stacy’s
intact visual fields and 20/20 O.U.
acuity at distance and near, I believe Mr.
Stacy has sufficient vision to perform
the driving tasks required to operate a
commercial vehicle.’’ Mr. Stacy reported
that he has driven tractor-trailer
combinations for ten years,
accumulating 500,000 miles. He holds a
Class A CDL from Arkansas. His driving
record for the last three years shows no
crashes and no convictions for moving
violations in a CMV.
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 (transient loss
of consciousness), dyspnea (shortness of
breath), collapse, or congestive heart
failure. If granted, the exemptions
would enable these individuals with
implantable cardioverter defibrillators
(ICDs) to operate CMVs in interstate
commerce.
James J. Walsh
Mr. Walsh, 42, has had amblyopia in
his left eye since childhood. The visual
acuity in his right eye is 20/20, and in
his left eye, 20/60. Following an
examination in 2019, his optometrist
stated, ‘‘I do feel he has sufficient vision
to perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
Walsh reported that he has driven
straight trucks for 21 years,
accumulating 850,000 miles. He holds a
Class B CDL from New Hampshire. His
driving record for the last three years
shows no crashes and no convictions for
moving violations in a CMV.
Comments must be received on
or before October 31, 2019.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System (FDMS) Docket ID
FMCSA–2019–0167 using any of the
following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/docket?
D=FMCSA-2019-0167. Follow the online
instructions for submitting comments.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 1200
New Jersey Avenue SE, West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery: West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., ET,
Monday through Friday, except Federal
Holidays.
• Fax: (202) 493–2251.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation’’ portion of the
SUPPLEMENTARY INFORMATION section for
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical
Programs Division, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
New Jersey Avenue SE, Room W64–224,
Washington, DC 20590–0001. Office
hours are 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, (202) 366–9826.
SUPPLEMENTARY INFORMATION:
IV. Request for Comments
In accordance with 49 U.S.C. 31136(e)
and 31315(b), FMCSA requests public
comment from all interested persons on
the exemption petitions described in
this notice. We will consider all
comments and material received before
the close of business on the closing date
indicated under the DATES section of the
notice.
Issued on: September 25, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019–21285 Filed 9–30–19; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2019–0167]
Qualification of Drivers; Exemption
Applications; Implantable Cardioverter
Defibrillators
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of applications for
exemption; request for comments.
AGENCY:
SUMMARY: FMCSA announces receipt of
applications from four individuals for
an exemption from the prohibition in
the Federal Motor Carrier Safety
Regulations (FMCSRs) against operation
PO 00000
Frm 00104
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DATES:
I. Public Participation
A. Submitting Comments
If you submit a comment, please
include the docket number for this
notice (Docket No. FMCSA–2019–0167),
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
E:\FR\FM\01OCN1.SGM
01OCN1
]]>Agencies
[Federal Register Volume 84, Number 190 (Tuesday, October 1, 2019)]
[Notices]
[Pages 52160-52163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21285]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2019-0015]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of applications for exemption; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces receipt of applications from 15 individuals
for an exemption from the vision requirement in the Federal Motor
Carrier Safety Regulations (FMCSRs) to operate a commercial motor
vehicle (CMV) in interstate commerce. If granted, the exemptions will
enable these individuals to operate CMVs in interstate commerce without
meeting the vision requirement in one eye.
DATES: Comments must be received on or before October 31, 2019.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2019-0015 using any of the
following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/docket?D=FMCSA-2019-0015. Follow the online
instructions for submitting comments.
Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
Fax: (202) 493-2251.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, (202) 366-4001, [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,
[[Page 52161]]
Monday through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Docket
Services, (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
A. Submitting Comments
If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2019-0015), 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/docket?D=FMCSA-2019-0015. 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/docket?D=FMCSA-2019-0015 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(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
The 15 individuals listed in this notice have requested an
exemption from the vision requirement in 49 CFR 391.41(b)(10).
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting an exemption will achieve the
required level of safety mandated by statute.
The physical qualification standard for drivers regarding vision
found in Sec. 391.41(b)(10) states that a person is physically
qualified to drive a CMV if that person has distant visual acuity of at
least 20/40 (Snellen) in each eye without corrective lenses or visual
acuity separately corrected to 20/40 (Snellen) or better with
corrective lenses, distant binocular acuity of at least 20/40 (Snellen)
in both eyes with or without corrective lenses, field of vision of at
least 70[deg] in the horizontal Meridian in each eye, and the ability
to recognize the colors of traffic signals and devices showing standard
red, green, and amber.
On July 16, 1992, the Agency first published the criteria for the
Vision Waiver Program, which listed the conditions and reporting
standards that CMV drivers approved for participation would need to
meet (57 FR 31458). The current Vision Exemption Program was
established in 1998, following the enactment of amendments to the
statutes governing exemptions made by Sec. 4007 of the Transportation
Equity Act for the 21st Century (TEA-21), Public Law 105-178, 112 Stat.
107, 401 (June 9, 1998). Vision exemptions are considered under the
procedures established in 49 CFR part 381 subpart C, on a case-by-case
basis upon application by CMV drivers who do not meet the vision
standards of Sec. 391.41(b)(10).
To qualify for an exemption from the vision requirement, FMCSA
requires a person to present verifiable evidence that he/she has driven
a commercial vehicle safely in intrastate commerce with the vision
deficiency for the past three years. Recent driving performance is
especially important in evaluating future safety, according to several
research studies designed to correlate past and future driving
performance. Results of these studies support the principle that the
best predictor of future performance by a driver is his/her past record
of crashes and traffic violations. Copies of the studies may be found
at https://www.regulations.gov/docket?D=FMCSA-1998-3637.
FMCSA believes it can properly apply the principle to monocular
drivers, because data from the Federal Highway Administration's (FHWA)
former waiver study program clearly demonstrated the driving
performance of experienced monocular drivers in the program is better
than that of all CMV drivers collectively.\1\ The fact that experienced
monocular drivers demonstrated safe driving records in the waiver
program supports a conclusion that other monocular drivers, meeting the
same qualifying conditions as those required by the waiver program, are
also likely to have adapted to their vision deficiency and will
continue to operate safely.
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\1\ A thorough discussion of this issue may be found in a FHWA
final rule published in the Federal Register on March 26, 1996 and
available on the internet at https://www.govinfo.gov/content/pkg/FR-1996-03-26/pdf/96-7226.pdf.
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The first major research correlating past and future performance
was done in England by Greenwood and Yule in 1920. Subsequent studies,
building on that model, concluded that crash rates for the same
individual exposed to certain risks for two different time periods vary
only slightly (See Bates and Neyman, University of California
Publications in Statistics, April 1952). Other studies demonstrated
theories of predicting crash proneness from crash history coupled with
other factors. These factors--such as age, sex, geographic location,
mileage driven and conviction history--are used every day by insurance
companies and motor vehicle bureaus to predict the probability of an
individual experiencing future crashes (See Weber, Donald C.,
``Accident Rate Potential: An Application of Multiple Regression
Analysis of a Poisson Process,'' Journal of American Statistical
Association, June 1971). A 1964 California Driver Record Study prepared
by the California Department of Motor Vehicles concluded that the best
overall crash predictor for both concurrent and
[[Page 52162]]
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
David E. Bryant, Jr.
Mr. Bryant, has a macular scar in the right eye due to sarcoidosis
in 1993. The visual acuity in his right eye is hand motion, and in his
left eye, 20/20. Following an examination in 2019, his optometrist
stated, ``In my medical opinion, Mr. Bryant has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Bryant reported that he has driven straight trucks for 30 years,
accumulating 750,000 miles, tractor-trailer combinations for 25 years,
accumulating 1.5 million miles, and buses for 30 years, accumulating
90,000 miles. He holds a Class A CDL from North Carolina. His driving
record for the last three years shows two crashes, for which he was not
cited, and no convictions for moving violations in a CMV.
Zackary C. Crichton
Mr. Crichton, 31, has retinopathy in his right eye due to
toxoplasmosis in childhood. The visual acuity in his right eye is 20/
400, and in his left eye, 20/20. Following an examination in 2019, his
optometrist stated, ``Zachary [sic] has had this condition since he was
12. At this time in my medical opinion, I do believe Zachary [sic] can
safely operate a commercial vehicle as he has for many years with this
condition.'' Mr. Crichton reported that he has driven straight trucks
for six years, accumulating 150,000 miles, and tractor-trailer
combinations for six years, accumulating 300,000 miles. He holds a
Class A CDL from Wyoming. His driving record for the last three years
shows no crashes and no convictions for moving violations in a CMV.
Terence P. Dailey
Mr. Dailey, 63, has corneal scars in his left eye due to a
traumatic incident in childhood. The visual acuity in his right eye is
20/20, and in his left eye, counting fingers. Following an examination
in 2019, his ophthalmologist stated, ``According to my medical opinion
based on his August 12, 2019 dilated comprehensive eye examination, he
is capable of operating a commercial vehicle.'' Mr. Dailey reported
that he has driven straight trucks for 49 years, accumulating 1.2
million miles, and tractor-trailer combinations for five years,
accumulating 75,000 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.
Robert K. Eggleston
Mr. Eggleston, 31, has had amblyopia in the 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 ophthalmologist stated, ``In
my opinion this patient has sufficient vision to perform all driving
tasks required to operate a commercial vehicle.'' Mr. Eggleston
reported that he has driven straight trucks for six years, accumulating
249,000 miles, and tractor-trailer combinations for one year,
accumulating 1,000 miles. He holds a Class A CDL from Ohio. His driving
record for the last three years shows no crashes and no convictions for
moving violations in a CMV.
Luiz Gonzalez
Mr. Gonzalez, 33, has had amblyopia in his right eye since birth.
The visual acuity in his right eye is 20/400, and in his left eye, 20/
20. Following an examination in 2019, his optometrist stated, ``He has
lived his entire life with his vision exactly the way it is now and
poses no threat while driving a commercial vehicle.'' Mr. Gonzalez
reported that he has driven straight trucks for five years,
accumulating 130,000 miles. He holds an operator's license from New
Jersey. His driving record for the last three years shows no crashes
and no convictions for moving violations in a CMV.
Ahmed M. Gutale
Mr. Gutale, 46, has a prosthetic 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, no light perception. Following an examination in 2019,
his ophthalmologist stated, ``I certify that in my opinion he has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Gutale reported that he has driven tractor-
trailer combinations for 19 years, accumulating 1.5 million miles. He
holds a Class A CDL from Minnesota. His driving record for the last
three years shows no crashes and no convictions for moving violations
in a CMV.
James W. Harris
Mr. Harris, 68, has had a paracentral scotoma in his right eye
since birth. The visual acuity in his right eye is 20/150, and in his
left eye, 20/30. Following an examination in 2019, his optometrist
stated, ``Due to the long standing nature of his vision deficiency and
driving record, I feel he has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Harris reported
that he has driven tractor-trailer combinations for 50 years,
accumulating 1.6 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.
Dobbin L. Kirkbride
Mr. Kirkbride, 54, has a cataract in his left eye due to a
traumatic incident in 2011. The visual acuity in his right eye is 20/
20, and in his left eye, light perception. Following an examination in
2019, his optometrist stated, ``After an in-depth conversation with Mr.
Kirkbride . . . it is my opinion that he has sufficient vision to
operate a commercial vehicle.'' Mr. Kirkbride reported that he has
driven straight trucks for ten years, accumulating 520,000 miles, and
tractor-trailer combinations for 33 years, accumulating 2.6 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.
Daniel F. Large
Mr. Large, 40, has a retinal detachment 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, 20/15. Following an examination in 2019, his
ophthalmologist stated, ``In summary, I believe Mr. Large has
sufficient vision to perform his tasks of operating a commercial
vehicle.'' Mr. Large reported that he has driven straight trucks for 12
years, accumulating 132,000 miles, and tractor-trailer combinations for
12 years, accumulating 168,000 miles. He holds a Class A CDL from
Missouri. His driving record for the last three years shows no crashes
and no convictions for moving violations in a CMV.
Jonathan D. Matlasz
Mr. Matlasz, 44, has had lenticonus in his right eye since birth.
The visual acuity in his right eye is 20/100, and in his left eye, 20/
20. Following an examination in 2019, his optometrist stated, ``He has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Matlasz reported that he has driven straight
trucks for eight years, accumulating 120,000 miles. He holds a Class B
CDL from Connecticut. His driving record for the last three years
[[Page 52163]]
shows no crashes and no convictions for moving violations in a CMV.
James Muldoon
Mr. Muldoon, 57, has a cataract in his left eye due to a traumatic
incident in 1966. The visual acuity in his right eye is 20/20, and in
his left eye, hand motion. Following an examination in 2019, his
ophthalmologist stated, ``Based of records I have seen from 2011 he has
no interval changes in his vision and his commercial license status
should not be changed, as in my opinion he has sufficient vision to
drive a commercial vehicle.'' Mr. Muldoon reported that he has driven
tractor-trailer combinations for 13 years, accumulating 1.17 million
miles. He holds a Class AM CDL from New York. His driving record for
the last three years shows no crashes and no convictions for moving
violations in a CMV.
Andrew R. Peel
Mr. Peel, 44, has a retinal detachment in his left eye due to a
traumatic incident in childhood. The visual acuity in his right eye is
20/20, and in his left eye, 20/400. Following an examination in 2019,
his optometrist stated, ``In my opinion, Andrew has sufficient vision
to operate a commercial vehicle, as he has been doing this for the past
20 years, as long as he is wearing his glasses prescription and has
appropriate mirrors for a commercial vehicle.'' Mr. Peel reported that
he has driven straight trucks for 17 years, accumulating 391,000 miles,
and tractor-trailer combinations for 17 years, accumulating 459,000
miles. He holds a Class A CDL from Montana. His driving record for the
last three years shows no crashes and no convictions for moving
violations in a CMV.
William D. Shelt
Mr. Shelt, 43, has had amblyopia in his left eye since birth. The
visual acuity in his right eye is 20/20, and in his left eye, 20/100.
Following an examination in 2019, his optometrist stated, ``Patient has
sufficient vision to operate a commercial vehicle.'' Mr. Shelt reported
that he has driven straight trucks for 20 years, accumulating 600,000
miles. He holds an operator's license from Alabama. His driving record
for the last three years shows no crashes and no convictions for moving
violations in a CMV.
James L. Stacy
Mr. Stacy, 53, has a macular hole in his right eye due to a
traumatic incident in 2008. 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, ``Due to Mr. Stacy's intact visual fields and 20/20
O.U. acuity at distance and near, I believe Mr. Stacy has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Stacy reported that he has driven tractor-trailer
combinations for ten years, accumulating 500,000 miles. He holds a
Class A CDL from Arkansas. His driving record for the last three years
shows no crashes and no convictions for moving violations in a CMV.
James J. Walsh
Mr. Walsh, 42, 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/
60. Following an examination in 2019, his optometrist stated, ``I do
feel he has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Walsh reported that he has driven
straight trucks for 21 years, accumulating 850,000 miles. He holds a
Class B CDL from New Hampshire. His driving record for the last three
years shows no crashes and no convictions for moving violations in a
CMV.
IV. Request for Comments
In accordance with 49 U.S.C. 31136(e) and 31315(b), FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments and material
received before the close of business on the closing date indicated
under the DATES section of the notice.
Issued on: September 25, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-21285 Filed 9-30-19; 8:45 am]
BILLING CODE 4910-EX-P
