Qualification of Drivers; Exemption Applications; Vision, 58441-58444 [2019-23761]
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Federal Register / Vol. 84, No. 211 / Thursday, October 31, 2019 / Notices
duration of a driver’s medical
certification.
The Agency’s decision regarding these
exemption applications is based on
current medical information and
literature, and the 2008 Evidence
Report, ‘‘Executive Summary on
Hearing, Vestibular Function and
Commercial Motor Driving Safety.’’ The
evidence report reached two
conclusions regarding the matter of
hearing loss and CMV driver safety: (1)
No studies that examined the
relationship between hearing loss and
crash risk exclusively among CMV
drivers were identified; and (2) evidence
from studies of the private driver’s
license holder population does not
support the contention that individuals
with hearing impairment are at an
increased risk for a crash. In addition,
the Agency reviewed each applicant’s
driving record found in the Commercial
Driver’s License Information System, for
commercial driver’s license (CDL)
holders, and inspections recorded in the
Motor Carrier Management Information
System. For non-CDL holders, the
Agency reviewed the driving records
from the State Driver’s Licensing
Agency. Each applicant’s record
demonstrated a safe driving history.
Based on an individual assessment of
each applicant that focused on whether
an equal or greater level of safety is
likely to be achieved by permitting each
of these drivers to drive in interstate
commerce as opposed to restricting him
or her to driving in intrastate commerce,
the Agency believes the drivers granted
this exemption have demonstrated that
they do not pose a risk to public safety.
Consequently, FMCSA finds that in
each case exempting these applicants
from the hearing standard in
§ 391.41(b)(11) is likely to achieve a
level of safety equal to that existing
without the exemption.
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V. Conditions and Requirements
The terms and conditions of the
exemption are provided to the
applicants in the exemption document
and includes the following: (1) Each
driver must report any crashes or
accidents as defined in § 390.5; (2) each
driver must report all citations and
convictions for disqualifying offenses
under 49 CFR 383 and 49 CFR 391 to
FMCSA; and (3) each driver is
prohibited from operating a motorcoach
or bus with passengers in interstate
commerce. The driver must also have a
copy of the exemption when driving, for
presentation to a duly authorized
Federal, State, or local enforcement
official. In addition, the exemption does
not exempt the individual from meeting
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the applicable CDL testing
requirements.
DEPARTMENT OF TRANSPORTATION
VI. Preemption
Federal Motor Carrier Safety
Administration
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 upon its evaluation of the 29
exemption applications, FMCSA
exempts the following drivers from the
hearing standard, § 391.41(b)(11),
subject to the requirements cited above.
Erin Barnes (OK)
Alicia Batiste (TX)
Jeremy Benoit (LA)
Kurt Bernabei (IL)
Jessica L. Driver (TX)
Donald P. Dunten (IN)
Steven Edwards (KS)
Debbie Gaskill (GA)
Steven J. Gandee (PA)
Daniel S. Geathers (VA)
Gregory A. Hale (AZ)
Richard Harrison (MO)
Charles Hine (MD)
Robert B. Mahan (OK)
Michael Penn (IN)
Ernest Pratt (PA)
James R. Quinn (TN)
Matthew Ramirez (SC)
Steven Robelia (WI)
Timothy Roberts (TN)
Willis O. Ryan (GA)
Kerry Stewart (IN)
Mark J. Tabangcora (CA)
Yenter Tu (TX)
Alan Vandermeulen (IA)
Yvon Victor (NJ)
Bret E. Wanner (PA)
Rodney Warfield (MD)
David Whisman (GA)
In accordance with 49 U.S.C.
31315(b), each exemption will be valid
for 2 years from the effective date unless
revoked earlier by FMCSA. The
exemption will be revoked if the
following occurs: (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 prior to being 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(b).
Issued on: October 24, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019–23754 Filed 10–30–19; 8:45 am]
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[Docket No. FMCSA–2019–0017]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of applications for
exemption; request for comments.
AGENCY:
FMCSA announces receipt of
applications from 11 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 December 2, 2019.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System (FDMS) Docket No.
FMCSA–2019–0017 using any of the
following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/
docket?D=FMCSA-2019-0017. Follow
the online instructions for submitting
comments.
• Mail: Docket Operations; U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery: West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., ET,
Monday through Friday, except Federal
Holidays.
• Fax: (202) 493–2251.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation’’ portion of the
SUPPLEMENTARY INFORMATION section for
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical
Programs Division, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
New Jersey Avenue SE, Room W64–224,
Washington, DC 20590–0001. Office
hours are 8:30 a.m. to 5 p.m., ET,
Monday through Friday, except Federal
holidays. If you have questions
regarding viewing or submitting
material to the docket, contact Docket
Operations, (202) 366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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Federal Register / Vol. 84, No. 211 / Thursday, October 31, 2019 / Notices
I. Public Participation
II. Background
A. Submitting Comments
If you submit a comment, please
include the docket number for this
notice (Docket No. FMCSA–2019–0017),
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-2019-0017. 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.
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 11 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).
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
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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-2019-0017 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 Operations 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.
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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
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.
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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III. Qualifications of Applicants
Willie V. Brannon, Jr.
Mr. Brannon, 47, has had glaucoma in
his right eye since 2011. The visual
acuity in his right eye is hand motion,
and in his left eye, 20/20. Following an
examination in 2019, his
ophthalmologist stated, ‘‘It is my
medical opinion that he has sufficient
vision to perform the driving tasks
required to operate a commercial
vehicle.’’ Mr. Brannon reported that he
has driven tractor-trailer combinations
for 14 years, accumulating 1.2 million
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.
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Benjamin E. Brown
Mr. Brown, 61, has a cataract in the
right eye due to a traumatic incident in
2007. The visual acuity in his right eye
is 20/200, and in his left eye, 20/20.
Following an examination in 2019, his
optometrist stated, ‘‘It is my opinion
that Ben does have sufficient vision to
perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
Brown reported that he has driven
straight trucks for 38 years,
accumulating 1.5 million miles, and
tractor-trailer combinations for 34 years,
accumulating 1.9 million miles. He
holds a Class AM CDL from Wyoming.
His driving record for the last three
years shows no crashes and no
convictions for moving violations in a
CMV.
Charles L. Gaines
Mr. Gaines, 48, has had partial optic
nerve atrophy in his left eye since 2009.
The visual acuity in his right eye is 20/
15, and in his left eye, 20/50. Following
an examination in 2019, his optometrist
stated, ‘‘In my professional opinion, Mr.
Gaines has sufficient vision to perform
the driving tasks required to operate a
commercial vehicle.’’ Mr. Gaines
reported that he has driven straight
trucks for 14 years, accumulating 43,000
miles, and tractor-trailer combinations
for 20 years, accumulating 1.3 million
miles. He holds a Class A CDL from
North Carolina. His driving record for
the last three years shows no crashes
and no convictions for moving
violations in a CMV.
James L. Houser
Mr. Houser, 53, has complete loss of
vision in his right eye due to a traumatic
incident in childhood. 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
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stated, ‘‘In my medical opinion James L.
Houser has sufficient vision to perform
the driving tasks required to operate a
commercial vehicle.’’ Mr. Houser
reported that he has driven straight
trucks for 20 years, accumulating 15,000
miles, and tractor-trailer combinations
for ten years, accumulating 20,000
miles. He holds an operator’s license
from Nebraska. His driving record for
the last three years shows no crashes
and no convictions for moving
violations in a CMV.
Andrew J. Kite III
Mr. Kite, 35, 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 optometrist
stated, ‘‘In my medical opinion, Andrew
has sufficient vision to perform driving
tasks required to operate a commercial
vehicle.’’ Mr. Kite reported that he has
driven straight trucks for ten years,
accumulating 200,000 miles. He holds
an operator’s license from Georgia. His
driving record for the last three years
shows no crashes and no convictions for
moving violations in a CMV.
Sean P. McSperitt
Mr. McSperitt, 51, has a corneal scar
in his left eye due to a traumatic
incident in childhood. The visual acuity
in his right eye is 20/15, and in his left
eye, 20/150. Following an examination
in 2019, his optometrist stated, ‘‘His
vision is sufficient to operate
commercial vehicle in all driving
conditions.’’ Mr. McSperitt reported that
he has driven straight trucks for 20
years, accumulating 200,000 miles, and
tractor-trailer combinations for 21 years,
accumulating 4.09 million miles. He
holds a Class A CDL from Oregon. His
driving record for the last three years
shows no crashes and no convictions for
moving violations in a CMV.
Matthew J. Morrison
Mr. Morrison, 58, 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
ophthalmologist stated, ‘‘In my medical
opinion, he has sufficient vision to
perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
Morrison reported that he has driven
straight trucks for 40 years,
accumulating 440,000 miles, and
tractor-trailer combinations for eight
years, accumulating 40,000 miles. He
holds a Class A CDL from Maryland. His
driving record for the last three years
shows no crashes and no convictions for
moving violations in a CMV.
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58443
Frederick L. PeLong
Mr. PeLong, 60, has a retinal
detachment in his in his left eye due to
a traumatic incident in 1994. The visual
acuity in his right eye is 20/20 and in
his left eye, hand motion. Following an
examination in 2019, his optometrist
stated, ‘‘It is my medical opinion that
Fred PeLong has sufficient vision to
perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
PeLong reported that he has driven
straight trucks for eight years,
accumulating 120,000 miles. He holds a
Class A CDL from Iowa. His driving
record for the last three years shows no
crashes and no convictions for moving
violations in a CMV.
Martin S. Reese
Mr. Reese, 59, has had amblyopia in
his left eye since childhood. The visual
acuity in his right eye is 20/20, and in
his left eye, 20/200. Following an
examination in 2019, his optometrist
stated, ‘‘I certify that in my medical
opinion, Martin has sufficient vision to
perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
Reese reported that he has driven
straight trucks for one year,
accumulating 60,000 miles, and tractortrailer combinations for eight years,
accumulating 480,000 miles. He holds a
Class A CDL from California. His
driving record for the last three years
shows no crashes and no convictions for
moving violations in a CMV.
Devin M. Smith
Mr. Smith, 24, has had optic nerve
atrophy in his right eye since childhood.
The visual acuity in his right eye is 20/
200, and in his left eye, 20/20.
Following an examination in 2019, his
optometrist stated, ‘‘Mr. Smith has
sufficient binocular vision to operate a
commercial vehicle.’’ Mr. Smith
reported that he has driven straight
trucks for three years, accumulating
24,000 miles, and tractor-trailer
combinations for two years,
accumulating 10,000 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.
Anthony C. White
Mr. White, 53, has a prosthetic in his
right eye due to a traumatic incident in
2013. 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, ‘‘It is in my
opinion Mr. White has sufficient vision
for driving commercial vehicle at this
time.’’ Mr. White reported that he has
driven buses for 28 years, accumulating
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487,620 miles. He holds a Class BM CDL
from Alabama. 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: October 24, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019–23761 Filed 10–30–19; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2019–0016]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of denials.
AGENCY:
FMCSA announces its
decision to deny applications from 91
individuals who requested an
exemption from the vision standard in
the Federal Motor Carrier Safety
Regulations (FMCSRs) to operate a CMV
in interstate commerce.
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 materials in the
docket, contact Docket Services, (202)
366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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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/
docket?D=FMCSA-2019-0016 and
choose the document to review. If you
do not have access to the internet, you
may view the docket online by visiting
VerDate Sep<11>2014
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Jkt 250001
the Docket Operations 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.
B. 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
FMCSA received applications from 91
individuals who requested an
exemption from the vision standard in
the FMCSRs.
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)(10).
III. 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.
FMCSA grants exemptions from the
FMCSRs for a 2-year period to align
with the maximum duration of a
driver’s medical certification.
The Agency’s decision regarding these
exemption applications is based on
medical reports about the applicants’
vision, as well as their driving records
and experience driving with the vision
deficiency.
IV. Conclusion
The Agency has determined that these
applicants do not satisfy the eligibility
criteria or meet the terms and
conditions of the Federal exemption and
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)(10).
Therefore, the 91 applicants in this
notice have been denied exemptions
from the physical qualification
standards in § 391.41(b)(10).
Each applicant has, prior to this
notice, received a letter of final
disposition regarding his/her exemption
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request. Those decision letters fully
outlined the basis for the denial and
constitute final action by the Agency.
This notice summarizes the Agency’s
recent denials as required under 49
U.S.C. 31315(b)(4) by periodically
publishing names and reasons for
denial.
The following three applicants did
not have sufficient driving experience
over the past three years under normal
highway operating conditions:
Edwin C. Cassidy (CA); Chad M. Moser
(IA); and Frank L. Novich, Jr. (MO)
The following 34 applicants had no
experience operating a CMV:
Kevin F. Aguiar (MA)
Carlos Aliaga Molina (IA)
Beverly J. Allen (OR)
Adam E. Atkinson (WY)
Jacob A. Bigelow (WI)
Douglas Bock (PA)
Zachary M. Bolton (SC)
Jamin R. Burson (OR)
James A. Claiborne (MD)
Christian C. Cutler (CA)
Robert F. Fullwood (PA)
Fidel V. Garcia (NJ)
Nikolas K. Gehrke (MS)
Stanley A. Green (TN)
Lonnie C. Harpole (KY)
Salman A. Hassan (MN)
Kody P. Hofman (WI)
Jon B. Jantzer (WA)
Colt Jarrett (UT)
Jonathan Leonard (NC)
Alejandro Manzano Perez (CA)
Daniel L. Proud (MD)
Ronald L. Riding (KS)
Martin Sandoval (IL)
Cheryl A. Sersland (IL)
Jason D. Smith (FL)
Willie L. Smith (TX)
Felix L. Spates (AR)
Scott A. Stead (WV)
Rasan Tahirovic (ND)
Tommy J. Tinley (PA)
Eh D. Wah (WA)
Justin J. Wegner (WI)
Aubrey L. Wilson (IN)
The following 21 applicants did not
have three years of experience driving a
CMV on public highways with their
vision deficiencies:
James D. Bersey (FL)
Joel Bonilla (KS)
Kevin A. Bretz (NH)
Kevin C. Brunk (WI)
David R. Corujo (SD)
Lewis M. Culbertson (MD)
Mark A. Darnell (KY)
Carlos E. Donahue (AR)
Steven B. Hanson (MN)
Eduardo R. Martinez (ID)
Carl J. Medlock (NE)
Gary A. Oleson (IL)
Jacob D. Rhinehart (ID)
Timothy P. Sadler (WI)
E:\FR\FM\31OCN1.SGM
31OCN1
]]>Agencies
[Federal Register Volume 84, Number 211 (Thursday, October 31, 2019)]
[Notices]
[Pages 58441-58444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23761]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2019-0017]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of applications for exemption; request for comments.
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SUMMARY: FMCSA announces receipt of applications from 11 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 December 2, 2019.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2019-0017 using any of the
following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/docket?D=FMCSA-2019-0017. Follow the online
instructions for submitting comments.
Mail: Docket Operations; 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,
Monday through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Docket
Operations, (202) 366-9826.
SUPPLEMENTARY INFORMATION:
[[Page 58442]]
I. Public Participation
A. Submitting Comments
If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2019-0017), 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-2019-0017. 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-2019-0017 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 Operations 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 11 individuals listed in this notice have requested an
exemption from the vision requirement in 49 CFR 391.41(b)(10).
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting an exemption will achieve the
required level of safety mandated by statute.
The physical qualification standard for drivers regarding vision
found in Sec. 391.41(b)(10) states that a person is physically
qualified to drive a CMV if that person has distant visual acuity of at
least 20/40 (Snellen) in each eye without corrective lenses or visual
acuity separately corrected to 20/40 (Snellen) or better with
corrective lenses, distant binocular acuity of at least 20/40 (Snellen)
in both eyes with or without corrective lenses, field of vision of at
least 70[deg] in the horizontal Meridian in each eye, and the ability
to recognize the colors of traffic signals and devices showing standard
red, green, and amber.
On July 16, 1992, the Agency first published the criteria for the
Vision Waiver Program, which listed the conditions and reporting
standards that CMV drivers approved for participation would need to
meet (57 FR 31458). The current Vision Exemption Program was
established in 1998, following the enactment of amendments to the
statutes governing exemptions made by Sec. 4007 of the Transportation
Equity Act for the 21st Century (TEA-21), Public Law 105-178, 112 Stat.
107, 401 (June 9, 1998). Vision exemptions are considered under the
procedures established in 49 CFR part 381 subpart C, on a case-by-case
basis upon application by CMV drivers who do not meet the vision
standards of Sec. 391.41(b)(10).
To qualify for an exemption from the vision requirement, FMCSA
requires a person to present verifiable evidence that he/she has driven
a commercial vehicle safely in intrastate commerce with the vision
deficiency for the past three years. Recent driving performance is
especially important in evaluating future safety, according to several
research studies designed to correlate past and future driving
performance. Results of these studies support the principle that the
best predictor of future performance by a driver is his/her past record
of crashes and traffic violations. Copies of the studies may be found
at https://www.regulations.gov/docket?D=FMCSA-1998-3637.
FMCSA believes it can properly apply the principle to monocular
drivers, because data from the Federal Highway Administration's (FHWA)
former waiver study program clearly demonstrated the driving
performance of experienced monocular drivers in the program is better
than that of all CMV drivers collectively.\1\ The fact that experienced
monocular drivers demonstrated safe driving records in the waiver
program supports a conclusion that other monocular drivers, meeting the
same qualifying conditions as those required by the waiver program, are
also likely to have adapted to their vision deficiency and will
continue to operate safely.
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\1\ A thorough discussion of this issue may be found in a FHWA
final rule published in the Federal Register on March 26, 1996 and
available on the internet at https://www.govinfo.gov/content/pkg/FR-1996-03-26/pdf/96-7226.pdf.
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The first major research correlating past and future performance
was done in England by Greenwood and Yule in 1920. Subsequent studies,
building on that model, concluded that crash rates for the same
individual exposed to certain risks for two different time periods vary
only slightly (See Bates and Neyman, University of California
Publications in Statistics, April 1952). Other studies demonstrated
theories of predicting crash proneness from crash history coupled with
other factors. These factors--such as age, sex, geographic location,
mileage driven and conviction history--are used every day by insurance
companies and motor vehicle bureaus to predict the probability of an
individual experiencing future crashes (See Weber, Donald C.,
``Accident Rate Potential: An Application of Multiple Regression
Analysis of a Poisson Process,'' Journal of American Statistical
Association, June 1971). A 1964 California Driver Record Study prepared
by the California Department of Motor Vehicles concluded that the best
overall crash predictor for both concurrent and nonconcurrent events is
the number of single convictions. This study used three consecutive
years of data, comparing the experiences of drivers in the first two
years with their experiences in the final year.
[[Page 58443]]
III. Qualifications of Applicants
Willie V. Brannon, Jr.
Mr. Brannon, 47, has had glaucoma in his right eye since 2011. The
visual acuity in his right eye is hand motion, and in his left eye, 20/
20. Following an examination in 2019, his ophthalmologist stated, ``It
is my medical opinion that he has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Brannon
reported that he has driven tractor-trailer combinations for 14 years,
accumulating 1.2 million 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.
Benjamin E. Brown
Mr. Brown, 61, has a cataract in the right eye due to a traumatic
incident in 2007. The visual acuity in his right eye is 20/200, and in
his left eye, 20/20. Following an examination in 2019, his optometrist
stated, ``It is my opinion that Ben does have sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Brown reported that he has driven straight trucks for 38 years,
accumulating 1.5 million miles, and tractor-trailer combinations for 34
years, accumulating 1.9 million miles. He holds a Class AM CDL from
Wyoming. His driving record for the last three years shows no crashes
and no convictions for moving violations in a CMV.
Charles L. Gaines
Mr. Gaines, 48, has had partial optic nerve atrophy in his left eye
since 2009. The visual acuity in his right eye is 20/15, and in his
left eye, 20/50. Following an examination in 2019, his optometrist
stated, ``In my professional opinion, Mr. Gaines has sufficient vision
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Gaines reported that he has driven straight trucks for
14 years, accumulating 43,000 miles, and tractor-trailer combinations
for 20 years, accumulating 1.3 million miles. He holds a Class A CDL
from North Carolina. His driving record for the last three years shows
no crashes and no convictions for moving violations in a CMV.
James L. Houser
Mr. Houser, 53, has complete loss of vision in his right eye due to
a traumatic incident in childhood. 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 medical opinion
James L. Houser has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Houser reported that he
has driven straight trucks for 20 years, accumulating 15,000 miles, and
tractor-trailer combinations for ten years, accumulating 20,000 miles.
He holds an operator's license from Nebraska. His driving record for
the last three years shows no crashes and no convictions for moving
violations in a CMV.
Andrew J. Kite III
Mr. Kite, 35, 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 optometrist stated, ``In my
medical opinion, Andrew has sufficient vision to perform driving tasks
required to operate a commercial vehicle.'' Mr. Kite reported that he
has driven straight trucks for ten years, accumulating 200,000 miles.
He holds an operator's license from Georgia. His driving record for the
last three years shows no crashes and no convictions for moving
violations in a CMV.
Sean P. McSperitt
Mr. McSperitt, 51, has a corneal scar in his left eye due to a
traumatic incident in childhood. The visual acuity in his right eye is
20/15, and in his left eye, 20/150. Following an examination in 2019,
his optometrist stated, ``His vision is sufficient to operate
commercial vehicle in all driving conditions.'' Mr. McSperitt reported
that he has driven straight trucks for 20 years, accumulating 200,000
miles, and tractor-trailer combinations for 21 years, accumulating 4.09
million miles. He holds a Class A CDL from Oregon. His driving record
for the last three years shows no crashes and no convictions for moving
violations in a CMV.
Matthew J. Morrison
Mr. Morrison, 58, 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 ophthalmologist
stated, ``In my medical opinion, he has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr.
Morrison reported that he has driven straight trucks for 40 years,
accumulating 440,000 miles, and tractor-trailer combinations for eight
years, accumulating 40,000 miles. He holds a Class A CDL from Maryland.
His driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.
Frederick L. PeLong
Mr. PeLong, 60, has a retinal detachment in his in his left eye due
to a traumatic incident in 1994. The visual acuity in his right eye is
20/20 and in his left eye, hand motion. Following an examination in
2019, his optometrist stated, ``It is my medical opinion that Fred
PeLong has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. PeLong reported that he has driven
straight trucks for eight years, accumulating 120,000 miles. He holds a
Class A CDL from Iowa. His driving record for the last three years
shows no crashes and no convictions for moving violations in a CMV.
Martin S. Reese
Mr. Reese, 59, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
200. Following an examination in 2019, his optometrist stated, ``I
certify that in my medical opinion, Martin has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Reese reported that he has driven straight trucks for one year,
accumulating 60,000 miles, and tractor-trailer combinations for eight
years, accumulating 480,000 miles. He holds a Class A CDL from
California. His driving record for the last three years shows no
crashes and no convictions for moving violations in a CMV.
Devin M. Smith
Mr. Smith, 24, has had optic nerve atrophy in his right eye since
childhood. The visual acuity in his right eye is 20/200, and in his
left eye, 20/20. Following an examination in 2019, his optometrist
stated, ``Mr. Smith has sufficient binocular vision to operate a
commercial vehicle.'' Mr. Smith reported that he has driven straight
trucks for three years, accumulating 24,000 miles, and tractor-trailer
combinations for two years, accumulating 10,000 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.
Anthony C. White
Mr. White, 53, has a prosthetic in his right eye due to a traumatic
incident in 2013. 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, ``It is in my opinion Mr. White has
sufficient vision for driving commercial vehicle at this time.'' Mr.
White reported that he has driven buses for 28 years, accumulating
[[Page 58444]]
487,620 miles. He holds a Class BM CDL from Alabama. 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: October 24, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-23761 Filed 10-30-19; 8:45 am]
BILLING CODE 4910-EX-P
