[Federal Register Volume 64, Number 142 (Monday, July 26, 1999)]
[Notices]
[Pages 40404-40408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18991]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[FHWA Docket No. FHWA-99-5748]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice of petitions and intent to grant applications for
exemption; request for comments.
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SUMMARY: This notice announces the FHWA's preliminary determination to
grant the applications of 33 individuals for an exemption from the
vision requirements in the Federal Motor Carrier Safety Regulations
(FMCSRs). Granting the exemptions will enable these individuals to
qualify as drivers of commercial motor vehicles (CMVs) in interstate
commerce without meeting the vision standard prescribed in 49 CFR
391.41(b)(10).
DATES: Comments must be received on or before August 25, 1999.
ADDRESSES: Your written, signed comments must refer to the docket
number at the top of this document, and you must submit the comments to
the Docket Clerk, U.S. DOT Dockets, Room PL-401, 400 Seventh Street,
SW., Washington, DC 20590-0001. All comments will be available for
examination at the above address between 9 a.m. and 5 p.m., e.t.,
Monday through Friday, except Federal holidays. Those desiring
notification of receipt of comments must include a self-addressed,
stamped envelope or postcard.
FOR FURTHER INFORMATION CONTACT: For information about the vision
exemptions in this notice, Ms. Sandra Zywokarte, Office of Motor
Carrier Research and Standards, (202) 366-2987; for information about
legal issues related to this notice, Ms. Judith Rutledge, Office of the
Chief Counsel, (202) 366-0834, Federal Highway Administration,
Department of Transportation, 400 Seventh Street, SW., Washington, DC
20590. Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday
through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access
Internet users may access all comments received by the U.S. DOT
Dockets, Room PL-401, by using the universal resource locator (URL):
http://dms.dot.gov. It is available 24 hours each day, 365 days each
year. Please follow the instructions online for more information and
help.
An electronic copy of this document may be downloaded using a modem
and suitable communications software from the Government Printing
Office's Electronic Bulletin Board Service at (202) 512-1661. Internet
users may reach the office of the Federal Register's home page at:
http://www.nara.gov/fedreg and the Government Printing Office's
database at: http://www.access.gpo.gov/nara.
Background
Thirty-three individuals have requested an exemption from the
vision requirement in 49 CFR 391.41(b)(10), which applies to drivers of
CMVs in interstate commerce. Under 49 U.S.C. 31315 and 31136(e), the
FHWA may grant an exemption for a renewable 2-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.'' Accordingly, the FHWA has evaluated each of the 33
exemption requests on its merits, as required by 49 U.S.C. 31315 and
31136(e), and preliminarily determined that exempting these 33
applicants from the vision requirement in 49 CFR 391.41(b)(10) is
likely to achieve a level of safety equal to, or greater than, the
level that would be achieved without the exemption.
Qualifications of Applicants
1. Terry James Aldridge
Mr. Aldridge is a 35 year-old individual who has operated straight
trucks and tractor-trailer combinations for more than 10 years. Because
his left eye was removed at eight months of age, Mr. Aldridge is unable
to meet the vision requirement in 49 CFR 391.41(b)(10).
A 1999 examination by the optometrist reveals Mr. Aldridge's best-
corrected vision in his right eye is 20/20, and no pathological
conditions were detected during this examination. In the optometrist's
opinion, Mr. Aldridge has adequate vision to operate a CMV safely.
Mr. Aldridge holds a Mississippi commercial driver's license (CDL).
He has driven more than one-million miles and his official driving
record for the past 3 years contains one accident and no traffic
violations in a CMV. Mr. Aldridge was not issued a citation.
2. Jerry D. Bridges
Mr. Bridges, 41, has had amblyopia in his left eye since early
childhood. A 1999 medical examination indicates that he has 20/20
corrected acuity in his right eye and 20/100 corrected acuity in his
left eye. According to his
[[Page 40405]]
optometrist, the condition in his left eye is stable, visual fields are
full and normal in each eye, and no significant ocular problems were
discovered. In the optometrist's opinion, Mr. Bridges' ``visual
condition should present no difficulties in operating a commercial
vehicle.''
Mr. Bridges has been a professional truck driver for 20 years and
has driven straight trucks and tractor-trailer combinations more than
one-million miles. He holds a Texas CDL, and a review of his State
driving record indicates no moving violations and no accidents in any
vehicle in the last 3 years.
3. Michael L. Brown
Mr. Brown is 51 years old and has been employed as a commercial
truck driver for 25 years. He has 20/400 vision in his left eye and
therefore cannot meet the vision requirement of 49 CFR 391.41(b)(10).
A 1999 examination indicates Mr. Brown injured the left eye at age
4, and that he underwent corneal transplantation and lens implantation
in 1988. Confrontational fields are within normal limits in both eyes.
In his ophthalmologist's opinion, Mr. Brown's ``visual efficiency is
adequate to operate a commercial vehicle.''
Mr. Brown holds a Kansas CDL. He has driven straight trucks more
than 800,000 miles since 1973. His official driving record for the past
3 years reflects no traffic violations and no accidents in any vehicle.
4. Duane D. Burger
Mr. Burger, 60, is blind in his right eye due to an accident in
1965. A 1999 examination indicates the best corrected vision in his
left eye is 20/20. His optometrist says, ``It is my impression that Mr.
Burger's ocular health and peripheral vision are normal'' and
``considering Mr. Burger's safety record, I feel there is no reason
that he cannot safely continue operating a tractor-trailer.''
Mr. Berger has a Kansas CDL. He has driven straight trucks and
tractor-trailer combinations for Consolidated Industrial Services since
1985. According to the company safety director, ``Mr. Burger has an
excellent driving record--an estimated 100,000 accident free miles per
year--and is a valued employee.'' His official State driving record for
the past 3 years contains no traffic violations and no accidents in a
CMV.
5. Charlie Frank Cook
Mr. Cook, 52, has been employed as a commercial truck driver for 30
years. According to his ophthalmologist, Mr. Cook was treated from 1988
through 1992 for an inflammation in his left eye which damaged his
central vision. As a result, he cannot meet the vision requirement of
49 CFR 391.41(b)(10).
A 1999 medical report indicates Mr. Cook's best corrected vision is
20/20 in the right eye and 20/80 in his left eye. In the
ophthalmologist's opinion, Mr. Cook's ``vision deficiency is stable''
and ``he has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.''
He has driven straight trucks and tractor-trailer combinations for
more than 3 million miles. Mr. Cook holds a Georgia CDL, and his
driving record for the past 3 years reflects no traffic violations and
no accidents.
6. Greg L. Dinsmore
Mr. Dinsmore is 39 years old and has been employed as a commercial
truck driver for 22 years, driving straight trucks as well as tractor-
trailer combinations. He has had limited visual perception in his left
eye since the age of two as a result of an injury. Mr. Dinsmore has 20/
20 vision in his right eye. In the optometrist's opinion, Mr. Dinsmore
has sufficient vision to operate a commercial vehicle. Mr. Dinsmore
holds an Oklahoma CDL. He has driven commercial vehicles more than 1
million miles since 1977. His official driving record for the past 3
years reflects no traffic violations and no accidents in any vehicle.
7. Donald D. Dunphy
Mr. Dunphy, 45, has amblyopia in his right eye. A 1999 examination
by an ophthalmologist revealed the vision in his right eye to be 20/200
with or without correction and the vision in his left eye to be 20/20
with correction. The ophthalmologist stated Mr. Dunphy has ``adapted
very well to this level of vision'' and has ``sufficient vision to
operate a commercial motor vehicle.''
Mr. Dunphy holds a Virginia CDL. He has operated tractor-trailer
combinations for 18 years and straight trucks for 5 years. His official
State driving record reflects no traffic citations and no accidents in
a CMV for the past 3 years.
8. Ralph E. Eckels
Mr. Eckels, 55, has amblyopia in his left eye. A 1999 examination
indicates Mr. Eckels has 20/70 corrected vision in his left eye and 20/
20 corrected vison in his right eye. According to the optometrist, Mr.
Eckels' ``eye condition is considered stable'' and he ``has acceptable
vision for safe driving of commercial vehicles.''
Mr. Eckels holds a Kentucky CDL. He has driven straight trucks
during a 36-year career. For the last 18 years, he has operated a
tandem-axle truck full time for the Union County Road Department. His
official State driving record reveals no traffic citations or accidents
in any vehicle in the last 3 years.
9. Jerald C. Eyre
Mr. Eyre, 60, has amblyopia in his right eye. Because of this eye
condition, Mr. Eyre is unable to meet the Federal vision requirement.
He has 20/20 corrected vision in his left eye according to a 1999
examination. In his optometrist's opinion, Mr. Eyre has ``sufficient
vision and visual skills to perform the driving tasks required to
operate a commercial vehicle.''
Jerald C. Eyre holds a Montana CDL. He has been a professional
truck driver for 40 years and has operated straight trucks, tractor-
trailer combinations and buses. His official State driving record
contains no moving violations and no accidents in any vehicle in the
last 3 years.
10. Russell W. Foster
Mr. Foster, 61, has worn a prosthetic device in his right eye since
1976. His vision in the left eye is 20/20 with corrective lens,
according to a 1999 examination. His ophthalmologist states ``Mr.
Foster is qualified for commercial driving activities.''
Russell Foster holds an Ohio CDL with a tank vehicle endorsement.
He has driven straight trucks and tractor-trailer combination vehicles
during a 45-year career. For the last 10 years, he has operated mainly
tractor-trailers for a total of approximately 45,000 to 60,000 miles
per year. His official State driving record reveals no traffic
citations or accidents in any vehicle in the last 3 years.
11. Arnold D. Gosser
Mr. Gosser, 58, has been employed as a commercial driver for 25
years. His right eye was injured in 1949, resulting in a traumatic
cataract which was removed in 1993. The vision in his right eye is 20/
200 with glasses. Therefore, Mr. Gosser is unable to meet the vision
requirement in 49 CFR 391.41(b)(10).
A 1999 examination revealed Mr. Gosser has 20/20 vision in his left
eye with glasses. According to the optometrist, he has more than
sufficient vision to perform the tasks required to operate a CMV.
Arnold Gosser holds a Kansas CDL with a tank vehicle endorsement.
He has driven tractor-trailer combination vehicles approximately 2.5
million miles and straight trucks approximately
[[Page 40406]]
150,000 miles. There are no moving violations or accidents in any
vehicle in the past 3 years on his official driving record. His
employer states that ``in my 17 years spent in the trucking industry, I
have never met a safer driver than Arnold Gosser.''
12. Eddie Gowens
Mr. Gowens, 48, has amblyopia in his left eye. Because of this
condition, he is unable to meet the Federal vision standard in 49 CFR
391.41(b)(10). An optometrist examined Mr. Gowens in 1999, and found
his best corrected vision is 20/100 in the left eye and 20/20 in the
right eye. According to the optometrist, ``Mr. Gowens'' condition will
not affect his driving because he has always driven under these
conditions.''
Eddie Gowens has operated tractor-trailer combinations for Spring
Industries, Inc. for 16 years. His employer states Mr. Gowens has done
a ``wonderful job driving for us and training new drivers.'' He holds
an Alabama CDL, and his official driving record for the past 3 years
reflects no moving violations and no accidents in a CMV.
13. Gary R. Gutschow
Mr. Gutschow, 40, has amblyopia in his left eye. He has 20/20
vision in his right eye without correction. An optometrist examined him
in 1999 and stated Mr. Gutschow has sufficient vision to perform the
driving tasks requried to operate a CMV.
Gary Gutschow has 18 years of experience operating tractor-trailer
combinations and 3 years' experience operating straight trucks. He
holds a Wisconsin CDL with tank vehicle and hazardous materials
endorsements and has driven more than 1.6 million miles in commercial
vehicles. His official State driving record contains two accidents in a
CMV; in each case, Mr. Gutschow was not issued a citation. In one
incident, Mr. Gutschow's vehicle was struck from behind when he had to
abruptly stop to avoid colliding with a vehicle whose operator had
disregarded a red light. In the other incident, the driver of the other
vehicle made a lane change into the side of Mr. Gutschow's vehicle. No
other violations in any vehicle are reflected in his official driving
record for the past 3 years. BSV Transportation, his employer since
1993, states Mr. Gutschow is ``an excellent and courteous driver with a
good driving record.''
14. Richard J. Hanna
Mr. Hanna is a 58-year-old individual who has amblyopia in his left
eye. He has 20/20 minus 2 corrected vision in his right eye, according
to a 1999 examination. The optometrist who conducted the examination
indicates Mr. Hanna has sufficient vision to drive a CMV.
Mr. Hanna has a 30-year career operating tractor-trailer
combinations more than 2 million miles. He holds an Oregon CDL and has
had no traffic violations or accidents in any vehicle in the past 3
years.
15. Jack L. Henson
Mr. Henson, 45, has been blind in his left eye since 1988 due to an
accident involving some tools. A 1999 examination by an optometrist
revealed the vision in his right eye to be 20/20 without correction.
The optometrist stated Mr. Henson has sufficient vision to perform the
driving task required to operate a CMV.
Mr. Henson holds a Texas CDL with a tank vehicle endorsement. He
has operated straight trucks and tractor-trailer combinations during a
professional driving career spanning more than 20 years. His official
State driving record reflects no traffic citations and no accidents in
any vehicle for the past 3 years.
16. Richard K. Jensrud
Mr. Jensrud, 30, has operated CMVs for 6 years. He has 20/100
vision in the right eye and therefore cannot meet the vision
requirement in 49 CFR 391.41(b)(10).
A 1999 examination indicates Mr. Jensrud suffered a traumatic
macular hole in the right eye for which he underwent vitrectomy surgery
in 1994. His ophthalmologist states ``the vision in his left eye had
continued to be excellent at 20/20'' and ``he [Mr. Jensrud] should have
no problems driving a CMV.''
Richard Jensrud has a Minnesota CDL with tank vehicle and hazardous
materials endorsements. He has driven tractor-trailer combination
vehicles for approximately 1.8 million miles. His official State
driving record for the past 3 years reveals one accident and no traffic
violations in a CMV. Mr. Jensrud's CMV struck the right rear of the
other vehicle as both vehicles were leaving a gas station. Although Mr.
Jensrud was initially cited for inattentive driving, the case was
dismissed. The accident resulted in no injuries.
17. David R. Jesmain
Mr. Jesmain, 54, has amblyopia in his left eye. The vision in his
right eye was 20/20 with glasses in a 1999 examination. His optometrist
says Mr. Jesmain has sufficient vision to perform the tasks necessary
to operate a CMV.
David Jesmain holds a New York CDL. He has 17 years' experience
driving straight trucks. His official State driving record contains no
traffic violations and no accidents in any vehicle in the past 3 years.
18. Albert E. Malley
Mr. Malley, 57, has glaucoma and an amblyopic left eye, conditions
which have been present since birth. Because of these conditions, Mr.
Malley is unable to meet the vision requirement in 49 CFR
391.41(b)(10).
A 1999 examination at the Mayo Clinic indicates Mr. Malley had
cataract and glaucoma surgery on June 30, 1998. According to the
ophthalmologist, the vision in his left eye remains poor (20/400) due
to amblyopia but ``it is now stable.'' The vision in his right eye is
20/20 with glasses. The ophthalmologist says Mr. Malley is able to
perform the tasks required to operate a CMV.
Mr. Malley has a Minnesota CDL with a tank vehicle/hazardous
materials endorsement. He has been a professional truck driver for 35
years and has driven tractor-trailer combination vehicles approximately
4 million miles and straight trucks approximately 30,000 miles. There
are no traffic violations or accidents in any vehicle in the past 3
years on his official driving record.
19. Clifford E. Masink
Mr. Masink, 41, has had a macular defect in his left eye for 32
years. Because of this condition, he is unable to meet the Federal
vision standard in 49 CFR 391.41(b)(10). An optometrist examined Mr.
Masink in 1999, and found his best corrected vision is 20/200 in the
left eye and 20/20 in the right eye. The optometrist states Mr. Masink
``has sufficient vision to operate a commercial vehicle.''
Clifford Masink has operated straight trucks for 20 years and
tractor-trailer combinations for 15 years. He holds an Ohio CDL, and
his official driving record for the past 3 years reflects no moving
violations and no accidents in a CMV.
20. Tyrone O. Mayson
Mr. Mayson, 57, has been employed as a commercial truck driver for
Aiken County Roads and Bridges since 1993. He has driven straight
trucks and tractor-trailer combinations more than 3 million miles. Mr.
Mayson has been blind in his left eye since he was a child.
A 1999 medical report indicates Mr. Mayson has 20/30 corrected
vision in
[[Page 40407]]
the right eye. His ophthalmologist states Mr. Mayson has ``functioned
as a commercial driver for many years being monocular'' and recommended
that ``Mr. Mayson be granted a renewal of his commercial driver's
license.''
Tyrone Mayson holds a South Carolina CDL. His driving record for
the past 3 years reflects no traffic violations and no accidents in a
CMV.
21. Rodney M. Mimbs
Mr. Mimbs is a 33-year-old individual who has amblyopia in his left
eye and cannot meet the Federal vision requirement. Mr. Mimbs' best
corrected vision in his left eye is 20/200 and 20/25 in his right eye,
according to a 1999 examination. According to the optometrist who
conducted the examination, Mr. Mimbs' ``eyes are healthy and stable''
and ``he has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.''
Mr. Mimbs holds a Georgia CDL with tank vehicle, hazardous
materials and passenger transportation endorsements. He has 5 years'
experience operating straight trucks and 4 years' experience operating
tractor-trailer combinations. He has driven these CMVs almost 700,000
miles. His official State driving record contains no traffic violations
or accidents in any vehicle for the past 3 years. His employer reports
Mr. Mimbs is a ``safe, consistent and dependable driver.''
22. Charles E. O'Dell
Mr. O'Dell, 62, has amblyopia in his right eye. Vision in the right
eye is 20/200 and 20/20 in the left eye, according to a 1999
examination. His optometrist states Mr. O'Dell ``has been driving
interstate vehicles since at least 1980,'' and he does not ``see any
reason he [Mr. O'Dell] can not safely continue to do so.''
Charles O'Dell has a Kansas CDL. He has 21 years' experience
operating straight trucks and tractor-trailer combinations. Since 1980,
Mr. O'Dell has driven a CMV over 2 million miles for Keim TS, Inc., his
employer. His official State driving record reveals no traffic
citations or accidents in any vehicle in the past 3 years.
23. Richard W. O'Neill
Mr. O'Neill is a 50-year-old individual who has operated CMVs for
25 years. He has been blind in the right eye since age 12 due to an
accident. Because of this condition, Mr. O'Neill is unable to meet the
vision requirement in 49 CFR 391.41(b)(10).
A 1999 examination reveals Mr. O'Neill has 20/20 corrected vision
in his left eye. The ophthalmologist who conducted the examination
states Mr. O'Neill has driven ``monocularly for many years'' and ``he
is totally qualified to drive a motor vehicle, commercially.''
Mr. O'Neill holds a Washington CDL. He has driven straight trucks
and tractor-trailer combinations approximately 2 million miles. His
official driving record for the past 3 years contains no moving
violations and no accidents.
24. Jerry L. Reese
Mr. Reese, 41, has amblyopia in his left eye. His vision in the
right eye is 20/20 with correction, according to a 1999 examination.
His optometrist states ``Mr. Reese is an experienced truck driver with
a safe driving record'' and ``should be allowed to operate a commercial
vehicle.''
Jerry Reese holds a Mississippi CDL. He is a self-employed owner-
operator who has driven straight trucks and tractor-trailer combination
vehicles during a 25 year career. His official State driving record
reveals no traffic citations or accidents in a CMV in the last 3 years.
25. Frances C. Ruble
Ms. Ruble, 53, has amblyopia in her right eye. A 1999 medical
examination indicates she has 20/15 corrected vision in her left eye.
In the optometrist's opinion, there is ``no ocular reason that Ms.
Ruble cannot operate a commercial vehicle.''
Frances Ruble holds an Iowa CDL. She has been operating a tractor-
trailer combination for the same employer since 1995. Her official
State driving record reflects no moving violations and no accidents in
any vehicle in the last 3 years.
26. Johnny L. Stiff
Mr. Stiff is 56 years old and has been employed as a commercial
truck driver for 26 years. According to a 1999 examination, Mr. Stiff's
central visual acuity in his left eye is limited to finger counting due
to an injury in 1986. The peripheral vision in his left eye is intact.
The vision in his right eye is 20/15 with glasses. According to his
optometrist, Mr. Stiff's vision is ``stable in both eyes'' and he is
``capable of performing the task of driving a commercial vehicle.''
Johnny Stiff holds an Illinois CDL with a tank vehicle/hazardous
materials endorsement. He has driven CMVs more than 1 million miles
since 1973 and his official driving record for the past 3 years
reflects no traffic violations and no accidents in a CMV.
27. Robert J. Townsley
Mr. Townsley, 50, has 20/200 vision in his left eye due to a
retinal detachment in 1963 and therefore cannot meet the vision
requirement in 49 CFR 391.41(b)(10).
He has 20/20 vision in his right eye, according to a 1999
examination.
The optometrist who conducted the examination asserts Mr. Townsley
has sufficient vision to drive a CMV.
Mr. Townsley has a Virginia CDL with a tank vehicle endorsement. He
has driven straight trucks for 5 years and tractor-trailer combinations
for 10 years. His official State driving record for the past 3 years
contains no traffic violations and no accidents in any vehicle.
28. Thomas R. Trumpeter
Mr. Trumpeter, 48, is blind in his left eye due to an injury in
1961. According to a 1999 examination, the vision in his right eye was
20/15 with glasses. His optometrist says Mr. Trumpeter has sufficient
vision to perform the tasks necessary to operate a CMV.
Mr. Trumpeter holds a Washington CDL with tank vehicle and
hazardous materials endorsements. He has 20 years' experience driving
tractor-trailer combinations and straight trucks. His official State
driving record contains no traffic violations and no accidents in any
vehicle in the past 3 years. Mr. Trumpeter has driven intrastate for
United Motor Freight since 1992. The company's president says he has
``performed all assigned tasks with the utmost safety'' and ``never had
an accident or damaged any expensive machinery.''
29. Steven M. Veloz
Mr. Veloz, 43, has amblyopia in his left eye. A 1999 medical
examination indicates he has 20/20 vision in his right eye. In the
optometrist's opinion, Mr. Veloz has sufficient vision to operate a
CMV.
Steve Veloz holds a California CDL with a tank vehicle endorsement.
He has driven tractor-trailer combinations more than 1.4 million miles
since 1981, and his official driving record for the past 3 years
contains no accidents and one conviction for violating weight limits
for a commercial vehicle.
30. Thomas E. Walsh
Mr. Walsh is a 43 year old individual who has operated CMVs for 18
years. He has amblyopia in his right eye and is unable to meet the
vision requirement in 49 CFR 391.41(b)(10).
A 1999 examination by the optometrist reveals Mr. Walsh has 20/20
vision in his left eye with correction. In
[[Page 40408]]
the optometrist's opinion, Mr. Walsh has sufficient vision to perform
the tasks necessary to operate a CMV.
Thomas Walsh holds a California CDL. He has driven straight trucks
and tractor-trailer combinations for a total of 900,000 miles and his
official driving record for the past 3 years reveals one accident and
no traffic violations in a CMV. The driver of the other vehicle
involved in the accident failed to yield to oncoming traffic when
pulling onto the roadway from private property. Mr. Walsh was not
issued a citation for the accident.
31. James T. White
Mr. White, 58, has been driving a tractor-trailer combination
approximately 55,000 miles per year for the past 25 years. Mr. White
holds a Georgia CDL. Blind since birth in the left eye, Mr. White has
vision correctable to 20/15 in the right eye. According to his
optometrist, Mr. White has sufficient vision to be a safe commercial
driver. ``His vision is good and his driving record is clean due to the
fact that he has learned to live with his lack of vision in the left
eye over the years.'' His official driving record contains no traffic
violations and no accidents in the past 3 years.
32. Harry Ray Littlejohn
Mr. Littlejohn, 50, has amblyopia in his right eye. The vision in
his left eye is 20/20 with correction according to a 1998 examination.
His ophthalmologist says he has sufficient vision to operate a
commercial vehicle.
Harry Littlejohn holds a Louisana CDL. He is self-employed and has
driven tractor-trailer combinations over 1.3 million miles. His
official driving record contains no traffic violations and no accidents
in a CMV in the past 3 years.
33. Mark K. Cheely
Mr. Cheely, 35, has mild corneal dystrophy and amblyopia in his
left eye. A 1999 medical report indicates he has 20/20 vision in his
right eye without correction. In his optometrist's opinion, Mr.
Cheely's condition is stable and he is capable of operating a CMV.
Mark Cheely has 9 years' experience operating tractor-trailer
combinations and 2 years' experience operating straight trucks,
accumulating almost 400,000 miles. His employer since 1991, Pecht
Distributors, Inc., says Mr. Cheely ``maintains an excellent safety
record'' and is a ``superior performer.'' He has a Virginia CDL and his
official driving record reveals no traffic citations in any vehicle in
the past 3 years. In 1997, his CMV was involved in an accident. There
was property damage but no injuries, and he did not receive a citation.
Basis for Preliminary Determination to Grant Exemptions
Independent studies support the principle that past driving
performance is a reliable indicator of an individual's future safety
record. The studies are filed in FHWA Docket No. FHWA-97-2625 and
discussed at 63 FR 1524, 1525 (January 9, 1998). We believe we can
properly apply the principle to monocular drivers because data from the
vision waiver program clearly demonstrate the driving performance of
monocular drivers in the program is better than that of all CMV drivers
collectively. (See 61 FR 13338, March 26, 1996.) That monocular drivers
in the waiver program demonstrated their ability to drive safely
supports a conclusion that other monocular drivers, with qualifications
similar to those required by the waiver program, can also adapt to
their vision deficiency and operate safely.
The 33 applicants represented here have qualifications similar to
those possessed by drivers in the waiver program. Their experience and
safe driving record operating CMVs demonstrate that they have adapted
their driving skills to accommodate their vision deficiency. Since past
driving records are reliable precursors of the future, there is no
reason to expect these individuals to drive less safely after receiving
their exemptions. Indeed, there is every reason to expect at least the
same level of safety, if not a greater level, because the applicants
can have their exemptions revoked if they compile an unsafe driving
record.
For these reasons, the FHWA believes exempting the individuals from
49 CFR 391.41(b)(10) is likely to achieve a level of safety equal to,
or greater than, the level that would be achieved without the exemption
as long as vision in their better eye continues to meet the standard
specified in Sec. 391.41(b)(10). As a condition of the exemption,
therefore, the FHWA proposes to impose requirements on the individuals
similar to the grandfathering provisions in 49 CFR 391.64(b) applied to
drivers who participated in the agency's former vision waiver program.
These requirements are: (1) That each individual be physically
examined every year (a) by an ophthalmologist or optometrist who
attests that vision in the better eye meets the standard in 49 CFR
391.41(b)(10), and (b) by a medical examiner who attests the individual
is otherwise physically qualified under 49 CFR 391.41; (2) that each
individual provide a copy of the ophthalmologist's or optometrist's
report to the medical examiner at the time of the annual medical
examination; and (3) that each individual provide a copy of the annual
medical certification to his or her employer for retention in its
driver qualification file or keep a copy in his or her driver
qualification file if he or she becomes self-employed. The driver must
also have a copy of the certification when driving so it may be
presented to a duly authorized Federal, State, or local enforcement
official.
In accordance with 49 U.S.C. 31315 and 31136(e), the proposed
exemption for each person will be valid for 2 years unless revoked
earlier by the FHWA. The exemption will be revoked if: (1) The person
fails to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
before it was granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31315 and
31136. If the exemption is effective at the end of the 2-year period,
the person may apply to the FHWA for a renewal under procedures in
effect at that time.
Request for Comments
In accordance with 49 U.S.C. 31315 and 31136(e), the FHWA is
requesting public comment from all interested persons on the exemption
petitions and the matters discussed in this notice. All comments
received before the close of business on the closing date indicated
above will be considered and will be available for examination in the
docket room at the above address. Comments received after the closing
date will be filed in the docket and will be considered to the extent
practicable, but the FHWA may issue exemptions from the vision
requirement to the 33 applicants and publish in the Federal Register a
notice of final determination at any time after the close of the
comment period. In addition to late comments, the FHWA will also
continue to file in the docket relevant information which becomes
available after the closing date. Interested persons should continue to
examine the docket for new material.
Authority: 49 U.S.C. 31136 and 31315; 23 U.S.C. 315; 49 CFR
1.48.
Issued on: July 16, 1999.
Kenneth R. Wykle,
Federal Highway Administrator.
[FR Doc. 99-18991 Filed 7-23-99; 8:45 am]
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