[Federal Register Volume 79, Number 118 (Thursday, June 19, 2014)]
[Notices]
[Pages 35212-35218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14335]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0006]


Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemption from the vision 
requirement, request for comments.

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SUMMARY: FMCSA announces receipt of applications from 34 individuals 
for exemption from the vision requirement for operating a commercial 
motor vehicle (CMV) in the Federal Motor Carrier Safety Regulations. 
The applicants are unable to meet the vision requirement in one eye for 
various reasons. The exemptions will allow these individuals to operate 
CMVs in interstate commerce without meeting the prescribed vision 
requirement in one eye. At the end of the comment period, the Agency 
will grant exemptions to the applicants listed herein if there are no 
adverse comments that indicate the driver's ability will not achieve a 
level of safety equivalent to or greater than the level of safety that 
would be obtained by complying with the regulations. All comments will 
be reviewed and evaluated by FMCSA. Some individuals appearing in this 
notice may not receive exemptions based on comments received during the 
comment period. Individuals not granted an exemption may either be 
published at a future date based on further evaluation or may not be 
deemed to meet the aforementioned level of safety if granted an 
exemption. These individuals will be published in a quarterly notice of 
exemption denials. As always, any adverse comments received after the 
exemption is granted will be evaluated, and if they indicate that the 
driver is not achieving a level of safety equivalent to or greater than 
the level of safety that would be obtained by complying with the 
regulation, the exemption will be revoked. When granted, the exemptions 
will allow these individuals with vision deficiencies in one eye to 
operate in interstate commerce.

DATES: Comments must be received on or before July 21, 2014. All 
comments will be investigated by FMCSA. The exemptions will be issued 
the day after the comment period closes.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-

[[Page 35213]]

2014-0006 using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line 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., 
Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket numbers for this notice. Note that all comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading below 
for further information.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The FDMS is available 24 hours each day, 365 
days each year. If you want acknowledgment that we received your 
comments, please include a self-addressed, stamped envelope or postcard 
or print the acknowledgement page that appears after submitting 
comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or of the person signing the comment, if 
submitted on behalf of an association, business, labor union, etc.). 
You may review DOT's Privacy Act Statement for the Federal Docket 
Management System (FDMS) published in the Federal Register on January 
17, 2008 (73 FR 3316).

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, 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 from 8:30 a.m. to 5 p.m., 
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: 

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the Federal Motor Carrier Safety Regulations for a 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.'' The statute also allows the Agency to renew 
exemptions at the end of the 2-year period. The 34 individuals listed 
in this notice have recently requested such an exemption from the 
vision requirement in 49 CFR 391.41(b)(10), which applies to drivers of 
CMVs in interstate commerce. Accordingly, the Agency has evaluated the 
qualifications of each applicant to determine whether granting an 
exemption will achieve the required level of safety mandated by 
statute.

Qualifications of Applicants

Abdullahi M. Abukar

    Mr. Abukar, 29, has a prosthetic right eye due to a traumatic 
incident in 2009. The visual acuity in his right eye is no light 
perception, and in his left eye, 20/20. Following an examination in 
2014, his optometrist stated, ``Patient is capable of operating 
commercial vehicle.'' Mr. Abukar reported that he has driven straight 
trucks for 6 years, accumulating 31,200 miles, and tractor-trailer 
combinations for 19 months, accumulating 5200 miles. He holds a Class 
DA CDL from Kentucky. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Gregory K. Banister

    Mr. Banister, 52, has had glaucoma secondary to Sturge-Weber 
Syndrome in his left eye since 2002. The visual acuity in his right eye 
is 20/20, and in his left eye, 20/100. Following an examination in 
2014, his ophthalmologist stated, ``In my medical opinion, Mr. Banister 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Banister reported that he has driven 
tractor-trailer combinations for 36 years, accumulating 4.32 million 
miles. He holds a Class A CDL from South Carolina. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Amanuel W. Behon

    Mr. Behon, 41, has a large chorioretinal scar over macula 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 2014, his optometrist stated, ``In my medical 
opinion, Mr. Behon's vision is sufficient to perform the tasks required 
to operate a commercial vehicle.'' Mr. Behon reported that he has 
driven tractor-trailer combinations for 3 years, accumulating 144,600 
miles. He holds a Class A CDL from Washington. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Oscar N. Bolton

    Mr. Bolton, 72, has central vision loss in his left eye due to a 
traumatic incident in 1985. The visual acuity in his right eye is 20/
20, and in his left eye, counting fingers. Following an examination in 
2013, his optometrist stated, ``I see no reason, other than normal 
vision changes that come with aging, that Mr. Bolton should not be able 
to have sufficient vision to perform driving tasks required to operate 
a commercial vehicle.'' Mr. Bolton reported that he has driven straight 
trucks for 9 years, accumulating 324,000 miles, and tractor-trailer 
combinations for 30 years, accumulating 5.4 million miles. He holds a 
Class A CDL from Ohio. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Kenneth W. Bos

    Mr. Bos, 43, has had complete loss of vision in his left eye since 
2004. The visual acuity in his right eye is 20/20, and in his left eye, 
no light perception. Following an examination in 2013, his optometrist 
stated, ``In my opinion, Kenneth has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Bos 
reported that he has driven straight trucks for 9.5 years, accumulating 
541,500 miles, and tractor-trailer combinations for 25 years, 
accumulating 56,250 miles. He holds a Class A CDL from Minnesota. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Jerry W. Brinson

    Mr. Brinson, 54, 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/
100. Following an examination in 2013, his ophthalmologist stated, 
``With this level of field of vision, in my medical opinion, he can 
safely perform driving tasks of a commercial vehicle.'' Mr. Brinson 
reported that he has driven straight trucks for 17 years, accumulating 
552,500 miles, and tractor-trailer combinations for 20 years, 
accumulating 2 million miles. He holds a Class AM CDL from Georgia. His

[[Page 35214]]

driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Michael C. Brown

    Mr. Brown, 51, has had an idiopathic choroidial neovascular 
membrane in his left eye since 2010. The visual acuity in his right eye 
is 20/20, and in his left eye, 20/400. Following an examination in 
2014, his optometrist stated, ``In my medical opinion I do believe Mr. 
Brown has adequate vision for holding a commercial drivers [sic] 
license.'' Mr. Brown reported that he has driven straight trucks for 34 
years, accumulating 136,000 miles, and tractor-trailer combinations for 
33 years, accumulating 2.97 million miles. He holds an operator's 
license from Indiana. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Larry O. Burr

    Mr. Burr, 60, has had aniosometropic 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 2014, his optometrist 
stated, ``In my opinion, I believe that Larry Burr has sufficient 
vision required to operate a commercial vehicle.'' Mr. Burr reported 
that he has driven straight trucks for 25 years, accumulating 1.4 
million miles. He holds a Class BCDM CDL from Wisconsin. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Brian L. Elliot

    Mr. Elliot, 51, has a retinal detachment and macular scar in his 
left eye due to a traumatic incident during childhood. The visual 
acuity in his right eye is 20/20, and in his left eye, 20/250. 
Following an examination in 2013, his ophthalmologist stated, ``In my 
opinion his visual function is adequate for him to operate a commercial 
vehicle.'' Mr. Elliot reported that he has driven straight trucks for 
26 years, accumulating 624,000 miles. He holds a Class A CDL from 
Missouri. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Juneau A. Faulkner

    Mr. Faulkner, 52, has a central macular scar in his left eye due to 
a traumatic incident in 1982. The visual acuity in his right eye is 20/
20, and in his left eye, 20/100. Following an examination in 2013, his 
optometrist stated that, in his opinion, Mr. Faulkner does have 
sufficient vision to operate a commercial motor vehicle safely. Mr. 
Faulkner reported that he has driven straight trucks for 18 years, 
accumulating 90,000 miles, and buses for 8 years, accumulating 8,000 
miles. He holds a Class B CDL from Georgia. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Gregory E. Gage

    Mr. Gage, 48, has had amblyopia and strabismus in his left eye 
since childhood. The visual acuity in his right eye is 20/20, and in 
his left eye, 20/70. Following an examination in 2014, his optometrist 
stated, ``Mr. Gage has amblyopia and strabismus in his left eye. The 
condition is stable and should be sufficient to drive a commercial 
vehicle.'' Mr. Gage reported that he has driven straight trucks for 17 
years, accumulating 595,000 miles. He holds an operator's license from 
Iowa. His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Robert Hall III

    Mr. Hall, 49, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/20, and in his left eye, no 
light perception. Following an examination in 2014, his optometrist 
stated, ``I Dr. Richard Shank [sic] Certifies [sic] that in my medical 
opinion that Mr. Robert Hall III has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Hall 
reported that he has driven straight trucks for 10 years, accumulating 
125,000 miles. He holds an operator's license from North Carolina. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Bradley C. Hansell

    Mr. Hansell, 27, has a cataract in his left eye due to a traumatic 
incident during childhood. The visual acuity in his right eye is 20/20, 
and in his left eye, 20/200. Following an examination in 2014, his 
optometrist stated, ``In my medical opinion Mr. Hansell has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Hansell reported that he has driven straight trucks for 
3 years, accumulating 150,000 miles. He holds an operator's license 
from Oregon. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Andrew P. Hawkins

    Mr. Hawkins, 25, has had a retinal scar 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 2014, his ophthalmologist 
stated, ``In my medical opinion, Andrew Hawkins has sufficient vision 
to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Hawkins reported that he has driven straight trucks for 
4 years, accumulating 4,000 miles. He holds an operator's license from 
South Carolina. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Daniel Hollins

    Mr. Hollins, 37, has had refractive anisometropia with amblyopia in 
his left eye since 2003. The visual acuity in his right eye is 20/20, 
and in his left eye, 20/200. Following an examination in 2014, his 
optometrist stated, ``It is my professional opinion that Daniel Hollins 
has sufficient visual skills to be able to carry out all visual tasks 
required to successfully operate a commercial vehicle.'' Mr. Hollins 
reported that he has driven straight trucks for 7 years, accumulating 
280,000 miles, and tractor-trailer combinations for 8 years, 
accumulating 728,000 miles. He holds a Class DA CDL from Kentucky. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Clarence H. Jacobsma

    Mr. Jacobsma, 64, has had strabismic amblyopia in his right eye 
since childhood. The visual acuity in his right eye is 20/150, and in 
his left eye, 20/20. Following an examination in 2013, his optometrist 
stated, ``Having examined Mr. Jacobsma's eyes for the last sixteen 
years, I believe he has sufficient vision to operate a commercial 
vehicle.'' Mr. Jacobsma reported that he has driven straight trucks for 
35 years, accumulating 350,000 miles, and tractor-trailer combinations 
for 35 years, accumulating 350,000 miles. He holds an operator's 
license from Indiana. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Samuel L. Klaphake

    Mr. Klaphake, 60, has had amblyopia in his left eye since birth. 
The visual acuity in his right eye is 20/20, and in his left eye, 
counting fingers. Following an examination in 2014, his optometrist 
stated, ``I recently saw Sam Klaphake for a complete eye examination on 
2/27/2014 . . . I am confident in my assessment of Mr. Klaphake and in 
the

[[Page 35215]]

fact that he shows no signs of being a risk to himself or others in the 
operation of a commercial motor vehicle.'' Mr. Klaphake reported that 
he has driven straight trucks for 15 years, accumulating 1.8 million 
miles, and tractor-trailer combinations for 20 years, accumulating 2.4 
million miles. He holds a Class A CDL from Minnesota. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Timothy L. Klose

    Mr. Klose, 75, has had optic nerve cupping, astigmatism, and 
presbyopia in his right eye since birth. The visual acuity in his right 
eye is 20/125, and in his left eye, 20/20. Following an examination in 
2014, his optometrist stated, ``I believe that Tim Klose has sufficient 
vision to perform driving tasks required to operate a commercial 
vehicle.'' Mr. Klose reported that he has driven straight trucks for 59 
years, accumulating 2.07 million miles, and tractor-trailer 
combinations for 51 years, accumulating 765,000 miles. He holds a Class 
AM CDL from Pennsylvania. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

Phillip E. Mason

    Mr. Mason, 53, has had amblyopia due to astigmatism in his left eye 
since birth. The visual acuity in his right eye is 20/20, and in his 
left eye, 20/200. Following an examination in 2014, his optometrist 
stated, ``In my opinion Phillip has no vision concerns which would 
impact his ability to safely operate a commercial vehicle.'' Mr. Mason 
reported that he has driven straight trucks for 43 years, accumulating 
860,000 miles. He holds a Class A CDL from Missouri. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

David P. Monti

    Mr. Monti, 65, has had optic neuropathy in his right eye since 
1990. The visual acuity in his right eye is 20/200, and in his left 
eye, 20/20. Following an examination in 2013, his ophthalmologist 
certified that, in his medical opinion, Mr. Monti has sufficient vision 
to operate a commercial motor vehicle. Mr. Monti reported that he has 
driven straight trucks for 18 years, accumulating 270,000 miles. He 
holds an operator's license from New Jersey. His driving record for the 
last 3 years shows no crashes and 1 conviction for a moving violation 
in a CMV; he was cited for unsafe operation of a motor vehicle.

Timothy L. Morton

    Mr. Morton, 40, has had amblyopia 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 2013, his optometrist stated, ``An 
amblyopic patient is generally unfazed by this condition since 
adaptation begins from birth. I see no reason to expect his driving 
skills to be affected by this. He should be cleared to drive a 
commercial vehicle from a visual standpoint in my opinion.'' Mr. Morton 
reported that he has driven straight trucks for 7 years, accumulating 
70,000 miles, and tractor-trailer combinations for 15 years, 
accumulating 750,000 miles. He holds a Class A CDL from North Carolina. 
His driving record for the last 3 years shows 2 crashes, for which he 
was not cited, and no convictions for moving violations in a CMV.

Larry G. Nikkel

    Mr. Nikkel, 29, has a prosthetic left eye due to a traumatic 
incident during childhood. The visual acuity in his right eye is 20/20, 
and in his left eye, no light perception. Following an examination in 
2014, his optometrist stated, ``Mr. Nikkel appears to have sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Nikkel reported that he has driven straight trucks for 
12 years, accumulating 240,000 miles, and tractor-trailer combinations 
for 14 years, accumulating 560,000 miles. He holds an operator's 
license from Washington. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

Kenneth A. Orrino

    Mr. Orrino, 62, has a chorioretinal scar to macula and optic nerve 
in his left eye due to a traumatic incident in 1970. The visual acuity 
in his right eye is 20/20, and in his left eye, 20/60. Following an 
examination in 2014, his optometrist stated, ``. . . [I]n my medical 
opinion, Mr. Kenneth Orrino has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle in interstate 
commerce.'' Mr. Orrino reported that he has driven straight trucks for 
44 years, accumulating 1.1 million miles, and tractor-trailer 
combinations for 44 years, accumulating 2.64 million miles. He holds a 
Class A CDL from Washington. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Ruel W. Reed

    Mr. Reed, 43, 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 2013, his optometrist stated, ``I don't 
see any reason, visually, why he should not be able to safely operate a 
commercial vehicle across state lines if he has already been deemed 
able to within North Carolina.'' Mr. Reed reported that he has driven 
buses for 4 years, accumulating 32,000 miles. He holds a Class B CDL 
from North Carolina. His driving record for the last 3 years shows 5 
crashes, one of which he contributed to by following too closely, and 
no convictions for moving violations in a CMV.

Jose L. Sanchez

    Mr. Sanchez, 33, 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 2014, his optometrist stated, ``Mr. 
Sanchez has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Sanchez reported that he has driven 
tractor-trailer combinations for 6.5 years, accumulating 526,500 miles. 
He holds a Class A CDL from Illinois. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Nicholas J. Schiltgen

    Mr. Schiltgen, 21, has had Coat's Disease in his left eye since 
birth. The visual acuity in his right eye is 20/20, and in his left 
eye, counting fingers. Following an examination in 2013, his 
optometrist stated, ``In my opinion, I do feel that Nicolas [sic] does 
have sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Schiltgen reported that he has driven 
straight trucks for 3 years, accumulating 90,000 miles. He holds an 
operator's license from Minnesota. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Warren J. Shatzer

    Mr. Shatzer, 63, has had Reiter's Syndrome in his left eye since 
1997. The visual acuity in his right eye is 20/25, and in his left eye, 
20/400. Following an examination in 2013, his ophthalmologist stated, 
``On his last full examination on December 27, 2013, his best vision 
was 20/25 in the right eye without prescription and 20/400 in the left 
eye . . . He does have color blindness, but states that he has been 
driving commercially for many years; therefore, I believe that he 
understands how to observe the red lights . . . I believe that he 
passes the certification

[[Page 35216]]

stating that he needs to have 120 degrees horizontally with both eyes 
open and since he has been driving for many years, although with color 
blindness, he can determine what a stop light is instructing him to 
do.'' Mr. Shatzer reported that he has driven straight trucks for 25 
years, accumulating 1.38 million miles. He holds a Class A CDL from 
Pennsylvania. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Loren A. Smith

    Mr. Smith, 56, has a detached retina in his left eye due to a 
traumatic incident in 1990. The visual acuity in his right eye is 20/
20, and in his left eye, 20/60. Following an examination in 2014, his 
optometrist stated, ``I feel his vision is more than adequate to 
perform driving tasks required to operate a commercial vehicle.'' Mr. 
Smith reported that he has driven straight trucks for 32 years, 
accumulating 2.56 million miles, and tractor-trailer combinations for 
32 years, accumulating 2.56 million miles. He holds a Class A3 from 
South Dakota. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Harlan L. Sugars

    Mr. Sugars, 75, has a corneal scar in his right eye due to a 
traumatic incident during childhood. The visual acuity in his right eye 
is 20/400, and in his left eye, 20/20. Following an examination in 
2013, his optometrist stated, ``I feel that Mr. Sugars has the vision 
to operate a commercial vehicle.'' Mr. Sugars reported that he has 
driven tractor-trailer combinations for 55 years, accumulating 4.68 
million miles. He holds a Class A CDL from Iowa. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Seth D. Sweeten

    Mr. Sweeten, 36, has a retinal detachment in his left eye due to a 
traumatic incident in 2011. The visual acuity in his right eye is 20/
15, and in his left eye, hand motion. Following an examination in 2014, 
his ophthalmologist stated, ``I believe his vision is sufficient to 
perform the tasks required of operating a commercial vehicle in the 
same capacity that he has been for 17 years.'' Mr. Sweeten reported 
that he has driven straight trucks for 2 years, accumulating 100,000 
miles, and tractor-trailer combinations for 17 years, accumulating 
901,000 miles. He holds a Class A CDL from Idaho. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

George R. Tieskoetter

    Mr. Tieskoetter, 57, has had congenital optic nerve coloboma in his 
right eye since birth. The visual acuity in his right eye is counting 
fingers, and in his left eye, 20/20. Following an examination in 2014, 
his optometrist stated, ``It is in my medical opinion that Mr. 
Tieskoetter's stable visual difficulties do not pose a safety threat 
associated with his ability to drive and he should be granted a 
commercial driver's license.'' Mr. Tieskoetter reported that he has 
driven tractor-trailer combinations for 33 years, accumulating 1.98 
million miles. He holds a Class A CDL from Iowa. His driving record for 
the last 3 years shows no crashes and one conviction for a moving 
violation in a CMV; he exceeded the speed limit by 10 mph.

Ronald L. Weiss

    Mr. Weiss, 49, has an injury to a muscle that causes the left eye 
to wander inward and downward due to a traumatic incident in 2010. The 
visual acuity in his right eye is 20/20, and in his left eye, 20/20, 
however, he is unable to use both eyes simultaneously. Following an 
examination in 2013, his optometrist stated, ``In my opinion, Ron 
should be able to perform the driving tasks to safely operate a 
commercial vehicle.'' Mr. Weiss reported that he has driven straight 
trucks for 30 years, accumulating 450,000 miles, and tractor-trailer 
combinations for 25 years, accumulating 375,000 miles. He holds a Class 
A CDL from Minnesota. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

John T. White, Jr.

    Mr. White, 53, has retinal damage in his left eye due to a 
traumatic incident in 2003. The visual acuity in his right eye is 20/
20, and in his left eye, 20/400. Following an examination in 2014, his 
optometrist stated, ``On examination today, his visual acuity without 
correction of the right eye was 20/20 and the left 20/400 . . . To the 
best of my knowledge he should be able to operate a commercial 
vehicle.'' Mr. White reported that he has driven tractor-trailer 
combinations for 29 years, accumulating 2.9 million miles. He holds a 
Class A CDL from North Carolina. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Henry P. Wurtz

    Mr. Wurtz, 53, 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 2013, his optometrist stated, ``His 
condition has been stable and in my medical opinion, he has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Wurtz reported that he has driven tractor-trailer 
combinations for 20 years, accumulating 70,000 miles. He holds a Class 
A CDL from South Dakota. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.
    FMCSA has evaluated the eligibility of the 34 applicants and 
determined that granting the exemptions to these individuals would 
achieve a level of safety equivalent to or greater than the level that 
would be achieved by complying with the current regulation 49 CFR 
391.41(b)(10). If the Agency does not receive any comments that 
indicate a driver's ability would not achieve the aforementioned level 
of safety, the Agency will grant the drivers an exemption the day after 
the comment period closes.

Vision and Driving Experience of the Applicants

    The vision requirement in the FMCSRs provides:
    A person is physically qualified to drive a commercial motor 
vehicle 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 red, green, 
and amber (49 CFR 391.41(b)(10)).
    FMCSA recognizes that some drivers do not meet the vision 
requirement but have adapted their driving to accommodate their vision 
limitation and demonstrated their ability to drive safely. The 34 
exemption applicants listed in this notice are in this category. They 
are unable to meet the vision requirement in one eye for various 
reasons, and in most cases their eye conditions were not recently 
developed. Nineteen of the applicants were either born with their 
vision impairments or have had them since childhood. The 15 individuals 
that sustained their vision conditions as adults have had it for a 
period of 4 to 44 years.

[[Page 35217]]

    Although each applicant has one eye which does not meet the vision 
requirement in 49 CFR 391.41(b)(10), each has at least 20/40 corrected 
vision in the other eye, and in a doctor's opinion, has sufficient 
vision to perform all the tasks necessary to operate a CMV. Doctors' 
opinions are supported by the applicants' possession of valid 
commercial driver's licenses (CDLs) or non-CDLs to operate CMVs. Before 
issuing CDLs, States subject drivers to knowledge and skills tests 
designed to evaluate their qualifications to operate a CMV.
    All of these applicants satisfied the testing requirements for 
their State of residence. By meeting State licensing requirements, the 
applicants demonstrated their ability to operate a CMV, with their 
limited vision, to the satisfaction of the State.
    While possessing a valid CDL or non-CDL, these 34 drivers have been 
authorized to drive a CMV in intrastate commerce, even though their 
vision disqualified them from driving in interstate commerce. The 
qualifications, experience, and medical condition of each applicant is 
stated and discussed in detail above.

Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the vision requirement in 49 CFR 391.41(b)(10) if the exemption is 
likely to achieve an equivalent or greater level of safety than would 
be achieved without the exemption. Without the exemption, applicants 
will continue to be restricted to intrastate driving. With the 
exemption, applicants can drive in interstate commerce. Thus, our 
analysis focuses 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.
    To evaluate the effect of these exemptions on safety, FMCSA 
considered the medical reports about the applicants' vision as well as 
their driving records and experience with the vision deficiency.
    To qualify for an exemption from the vision requirement, FMCSA 
requires a person to present verifiable evidence that he/she has driven 
a commercial vehicle safely with the vision deficiency for the past 3 
years. Recent driving performance is especially important in evaluating 
future safety, according to several research studies designed to 
correlate past and future driving performance. Results of these studies 
support the principle that the best predictor of future performance by 
a driver is his/her past record of crashes and traffic violations. 
Copies of the studies may be found at Docket Number FMCSA-1998-3637.
    FMCSA believes it can properly apply the principle to monocular 
drivers, because data from the Federal Highway Administration's (FHWA) 
former waiver study program clearly demonstrate the driving performance 
of experienced monocular drivers in the program is better than that of 
all CMV drivers collectively (See 61 FR 13338, 13345, March 26, 1996). 
The fact that experienced monocular drivers demonstrated safe driving 
records in the waiver program supports a conclusion that other 
monocular drivers, meeting the same qualifying conditions as those 
required by the waiver program, are also likely to have adapted to 
their vision deficiency and will continue to operate safely.
    The first major research correlating past and future performance 
was done in England by Greenwood and Yule in 1920. Subsequent studies, 
building on that model, concluded that crash rates for the same 
individual exposed to certain risks for two different time periods vary 
only slightly (See Bates and Neyman, University of California 
Publications in Statistics, April 1952). Other studies demonstrated 
theories of predicting crash proneness from crash history coupled with 
other factors. These factors--such as age, sex, geographic location, 
mileage driven and conviction history--are used every day by insurance 
companies and motor vehicle bureaus to predict the probability of an 
individual experiencing future crashes (See Weber, Donald C., 
``Accident Rate Potential: An Application of Multiple Regression 
Analysis of a Poisson Process,'' Journal of American Statistical 
Association, June 1971). A 1964 California Driver Record Study prepared 
by the California Department of Motor Vehicles concluded that the best 
overall crash predictor for both concurrent and non-concurrent events 
is the number of single convictions. This study used 3 consecutive 
years of data, comparing the experiences of drivers in the first 2 
years with their experiences in the final year.
    Applying principles from these studies to the past 3-year record of 
the 34 applicants, two of the drivers were involved in crashes and two 
were convicted of moving violations in a CMV. All the applicants 
achieved a record of safety while driving with their vision impairment, 
demonstrating the likelihood that they have adapted their driving 
skills to accommodate their condition. As the applicants' ample driving 
histories with their vision deficiencies are good predictors of future 
performance, FMCSA concludes their ability to drive safely can be 
projected into the future.
    FMCSA believes that the applicants' intrastate driving experience 
and history provide an adequate basis for predicting their ability to 
drive safely in interstate commerce. Intrastate driving, like 
interstate operations, involves substantial driving on highways on the 
interstate system and on other roads built to interstate standards. 
Moreover, driving in congested urban areas exposes the driver to more 
pedestrian and vehicular traffic than exists on interstate highways. 
Faster reaction to traffic and traffic signals is generally required 
because distances between them are more compact. These conditions tax 
visual capacity and driver response just as intensely as interstate 
driving conditions. The veteran drivers in this proceeding have 
operated CMVs safely under those conditions for at least 3 years, most 
for much longer. Their experience and driving records lead us to 
believe that each applicant is capable of operating in interstate 
commerce as safely as he/she has been performing in intrastate 
commerce. Consequently, FMCSA finds that exempting these applicants 
from the vision requirement in 49 CFR 391.41(b)(10) is likely to 
achieve a level of safety equal to that existing without the exemption. 
For this reason, the Agency is granting the exemptions for the 2-year 
period allowed by 49 U.S.C. 31136(e) and 31315 to the 34 applicants 
listed in this notice.
    We recognize that the vision of an applicant may change and affect 
his/her ability to operate a CMV as safely as in the past. As a 
condition of the exemption, therefore, FMCSA will impose requirements 
on the 34 individuals consistent with the Grandfathering provisions 
applied to drivers who participated in the Agency's vision waiver 
program.
    Those requirements are found at 49 CFR 391.64(b) and include the 
following: (1) That each individual be physically examined every year 
(a) by an ophthalmologist or optometrist who attests that the vision in 
the better eye continues to meet the requirement in 49 CFR 
391.41(b)(10) and (b) by a medical examiner who attests that 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 the employer for retention in the 
driver's qualification

[[Page 35218]]

file, or keep a copy in his/her driver's qualification file if he/she 
is self-employed. The driver must have a copy of the certification when 
driving, for presentation to a duly authorized Federal, State, or local 
enforcement official.
    In accordance with 49 U.S.C. 31136(e) and 31315, each exemption 
will be valid for 2 years unless revoked earlier by FMCSA. 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. 31136 and 31315.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests 
public comment from all interested persons on the exemption petitions 
described in this notice. The Agency will consider all comments 
received before the close of business July 21, 2014. Comments will be 
available for examination in the docket at the location listed under 
the ADDRESSES section of this notice. The Agency will file comments 
received after the comment closing date in the public docket, and will 
consider them to the extent practicable.
    In addition to late comments, FMCSA will also continue to file, in 
the public docket, relevant information that becomes available after 
the comment closing date. Interested persons should monitor the public 
docket for new material.

Submitting Comments

    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 http://www.regulations.gov and 
in the search box insert the docket number FMCSA-2014-0006 and click 
the search button. When the new screen appears, click on the blue 
``Comment Now!'' button on the right hand side of the page. On the new 
page, enter information required including the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. 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.
    We will consider all comments and material received during the 
comment period and may change this proposed rule based on your 
comments. FMCSA may issue a final rule at any time after the close of 
the comment period.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble, To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number 
FMCSA-2014-0006 and click ``Search.'' Next, click ``Open Docket 
Folder'' and you will find all documents and comments related to the 
proposed rulemaking.

    Issued on: June 9, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-14335 Filed 6-18-14; 8:45 am]
BILLING CODE 4910-EX-P