[Federal Register Volume 84, Number 35 (Thursday, February 21, 2019)]
[Notices]
[Pages 5550-5552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02966]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0004]


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 12 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 March 25, 2019.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2019-0004 using any of the 
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., 
ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation'' portion of the SUPPLEMENTARY 
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, (202) 366-4001, [email protected], FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, 
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., ET, 
Monday through Friday, except Federal holidays. If you have questions 
regarding viewing or submitting material to the docket, contact Docket 
Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (Docket No. FMCSA-2019-0004), 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 http://www.regulations.gov, 
put the docket number, FMCSA-2019-0004, in the keyword box, and click 
``Search.'' When the new screen appears, click on the ``Comment Now!'' 
button and type your comment into the text box on the following screen. 
Choose whether you are submitting your comment as an individual or on 
behalf of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the facility, please enclose a stamped, 
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the 
comment period.

B. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice 
as being available in the docket, go to http://www.regulations.gov. 
Insert the docket number, FMCSA-2019-0004, in the keyword box, and 
click ``Search.'' Next, click the ``Open Docket Folder'' button and 
choose the document to review. If you do not have access to the 
internet, you may view the docket online by visiting the Docket 
Management Facility in Room W12-140 on the ground floor of the DOT West 
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 
a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its rulemaking process. DOT posts these 
comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the FMCSRs for a five-year period if it finds such exemption would 
likely achieve a level of safety that is equivalent to, or greater 
than, the level that would be achieved absent such exemption. The 
statute also allows the Agency to renew exemptions at the end of the 
five-year period. FMCSA grants exemptions from the FMCSRs for a two-
year period to align with the maximum duration of a driver's medical 
certification.
    The 12 individuals listed in this notice have requested an 
exemption from the vision requirement in 49 CFR 391.41(b)(10). 
Accordingly, the Agency will evaluate the qualifications of each 
applicant to determine whether granting an exemption will achieve the 
required level of safety mandated by statute.
    The physical qualification standard for drivers regarding vision 
found in 49 CFR 391.41(b)(10) states that a person is physically 
qualified to drive a CMV if that person has distant visual acuity of at 
least 20/40 (Snellen) in each eye without corrective lenses or visual 
acuity separately corrected to 20/40 (Snellen) or better with 
corrective lenses, distant binocular acuity of at least 20/40 (Snellen) 
in both eyes with or without corrective lenses, field of vision of at 
least 70[deg] in the horizontal Meridian in each eye, and the ability 
to recognize the colors of traffic signals and devices showing standard 
red, green, and amber.
    In July 1992, the Agency first published the criteria for the 
Vision Waiver Program, which listed the conditions and reporting 
standards that CMV drivers approved for participation would need to 
meet (Qualification of Drivers; Vision Waivers, 57 FR 31458, July 16, 
1992). The current Vision Exemption Program was established in 1998, 
following the enactment of amendments to the statutes governing 
exemptions made by Sec.  4007 of the Transportation Equity Act for the 
21st Century (TEA-21), Public Law 105-178, 112 Stat. 107, 401 (June 9, 
1998). Vision exemptions are considered under the

[[Page 5551]]

procedures established in 49 CFR part 381 subpart C, on a case-by-case 
basis upon application by CMV drivers who do not meet the vision 
standards of 49 CFR 391.41(b)(10).
    To qualify for an exemption from the vision requirement, FMCSA 
requires a person to present verifiable evidence that he/she has driven 
a commercial vehicle safely with the vision deficiency for the past 
three years. Recent driving performance is especially important in 
evaluating future safety, according to several research studies 
designed to correlate past and future driving performance. Results of 
these studies support the principle that the best predictor of future 
performance by a driver is his/her past record of crashes and traffic 
violations. Copies of the studies may be found at Docket Number FMCSA-
1998-3637.
    FMCSA believes it can properly apply the principle to monocular 
drivers, because data from the Federal Highway Administration's (FHWA) 
former waiver study program clearly demonstrated the driving 
performance of experienced monocular drivers in the program is better 
than that of all CMV drivers collectively (See 61 FR 13338, 13345, 
March 26, 1996). The fact that experienced monocular drivers 
demonstrated safe driving records in the waiver program supports a 
conclusion that other monocular drivers, meeting the same qualifying 
conditions as those required by the waiver program, are also likely to 
have adapted to their vision deficiency and will continue to operate 
safely.
    The first major research correlating past and future performance 
was done in England by Greenwood and Yule in 1920. Subsequent studies, 
building on that model, concluded that crash rates for the same 
individual exposed to certain risks for two different time periods vary 
only slightly (See Bates and Neyman, University of California 
Publications in Statistics, April 1952). Other studies demonstrated 
theories of predicting crash proneness from crash history coupled with 
other factors. These factors--such as age, sex, geographic location, 
mileage driven and conviction history--are used every day by insurance 
companies and motor vehicle bureaus to predict the probability of an 
individual experiencing future crashes (See Weber, Donald C., 
``Accident Rate Potential: An Application of Multiple Regression 
Analysis of a Poisson Process,'' Journal of American Statistical 
Association, June 1971). A 1964 California Driver Record Study prepared 
by the California Department of Motor Vehicles concluded that the best 
overall crash predictor for both concurrent and nonconcurrent events is 
the number of single convictions. This study used three consecutive 
years of data, comparing the experiences of drivers in the first two 
years with their experiences in the final year.

III. Qualifications of Applicants

Gary W. Brockway

    Mr. Brockway, 63, has had a retinal vein occlusion in his right eye 
since 2015. The visual acuity in his right eye is 20/400, and in his 
left eye, 20/20. Following an examination in 2018, his optometrist 
stated, ``In my opinion, Mr. Brockway has sufficient vision to perform 
the driving task [sic] required to operate a commercial vehicle.'' Mr. 
Brockway reported that he has driven straight trucks for 44 years, 
accumulating 440,000 miles, and tractor-trailer combinations for 44 
years, accumulating 880,000 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.

Robert W. Estes

    Mr. Estes, 47, has had a chorioretinal scar in his left eye since 
1971. The visual acuity in his right eye is 20/20, and in his left eye, 
counting fingers. Following an examination in 2018, his optometrist 
stated, ``In conclusion of the examination results, in my opinion, 
Roger Estes has sufficient vision to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Estes reported that he has 
driven straight trucks for 10 years, accumulating 110,000 miles. He 
holds an operator's license from Missouri. His driving record for the 
last three years shows no crashes and no convictions for moving 
violations in a CMV.

Gilbert J. Graybill

    Mr. Graybill, 41, 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 2018, his optometrist stated, 
``In my professional opinion, Mr. Graybill displays sufficient vision 
function to commercially drive.'' Mr. Graybill reported that he has 
driven straight trucks for three years, accumulating 260,000 miles. He 
holds an operator's license from Oklahoma. His driving record for the 
last three years shows no crashes and no convictions for moving 
violations in a CMV.

Richard D. Livingston, Jr.

    Mr. Livingston, 42, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/50, and in his left 
eye, 20/20. Following an examination in 2018, his optometrist stated, 
``It is my medical opinion that Richard Livingston has the visual 
acuity skills needed to safely operate a commercial vehicle.'' Mr. 
Livingston reported that he has driven straight trucks for 22 years, 
accumulating 44,000 miles. He holds an operator's license from 
Wisconsin. His driving record for the last three years shows no crashes 
and no convictions for moving violations in a CMV.

Edgar H. Meraz Gardea

    Mr. Meraz Gardea, 37, has had a macular hole in his left eye since 
2004. The visual acuity in his right eye is 20/20, and in his left eye, 
20/100. Following an examination in 2018, his ophthalmologist stated, 
``Mr. Meraz has been driving commercial vehicle for many years and has 
the sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Meraz Gardea reported that he has driven 
straight trucks for 19 years, accumulating 231,000 miles, and tractor-
trailer combinations for 17 years, accumulating 207,740 miles. He holds 
an operator's license from New Mexico. His driving record for the last 
three years shows no crashes and one conviction for a moving violation 
in a CMV: Failure to obey traffic signal or light.

Joshua G. Millican

    Mr. Millican, 36, has a prosthetic 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 
2018 his optometrist stated, ``In my medical opinion, Mr. Mullican 
[sic] has sufficient vision to perform the driving tasks and 
requirements needed to operate a commercial vehicle.'' Mr. Millican 
reported that he has driven straight trucks for 15 years, accumulating 
600,000 miles, and tractor-trailer combinations for ten years, 
accumulating 750,000 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.

Daniel C. Reichert

    Mr. Reichert, 41, has a macular scar in his right eye due to a 
traumatic incident in 1999. The visual acuity in his right eye is 20/
400, and in his left eye, 20/20. Following an examination in 2018, his 
optometrist stated, ``I feel that Mr. Reichert is adequate to operate a 
commercial vehicle with his peripheral vision in the right eye and a 
normal left

[[Page 5552]]

eye.'' Mr. Reichert reported that he has driven straight trucks for 14 
years, accumulating 112,000 miles, and tractor-trailer combinations for 
14 years, accumulating 154,000 miles. He holds a Class AM CDL from 
Georgia. His driving record for the last three years shows no crashes 
and no convictions for moving violations in a CMV.

Gregory D. Shirah

    Mr. Shirah, 53, has had macular degeneration in his right eye since 
2015. The visual acuity in his right eye is 20/80, and in his left eye, 
20/25. Following an examination in 2018, his optometrist stated, ``Mr. 
Shirah has sufficient vision to operate a commercial vehicle.'' Mr. 
Shirah reported that he has driven straight trucks for seven years, 
accumulating 350,000 miles, and tractor-trailer combinations for 20 
years, accumulating two million miles. He holds a Class A CDL from 
Alabama. His driving record for the last three years shows no crashes 
and no convictions for moving violations in a CMV.

Balwant Singh

    Mr. Singh, 28, has a macular scar in his left eye due to a 
traumatic incident in 2013. The visual acuity in his right eye is 20/
20, and in his left eye, 20/150. Following an examination in 2018, his 
optometrist stated, ``Based on today's findings, it is my medical 
opinion that I believe Mr. Balwant Singh has sufficient, stable vision 
in order to perform all tasks required of him to safely operate a 
commercial vehicle.'' Mr. Singh reported that he has driven straight 
trucks for six years, accumulating 420,000 miles, and tractor-trailer 
combinations for six years, accumulating 420,000 miles. He holds a 
Class A CDL from California. His driving record for the last three 
years shows no crashes and one conviction for a moving violation in a 
CMV; driving in an improper lane.

Tristan A. Twito

    Mr. Twito, 35 has had chorioretinal scarring in his left eye due to 
a traumatic incident in childhood. The visual acuity in his right eye 
is 20/20, and in his left eye, hand motion. Following an examination in 
2018, his optometrist stated, ``The patient has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Twito reported that he has driven straight trucks for one year, 
accumulating 30,000 miles, and tractor-trailer combinations for 12 
years, accumulating 1.2 million miles. He holds a Class A CDL from 
Texas. His driving record for the last three years shows no crashes and 
no convictions for moving violations in a CMV.

Michael L. Watters, Sr.

    Mr. Watters, 63, has a prosthetic right eye due to a traumatic 
incident in 2004. The visual acuity in his right eye is no light 
perception, and in his left eye, 20/30. Following an examination in 
2018, his optometrist stated, ``Patient Michael Watters . . . has been 
determined by his optometrist to have sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Watters 
reported that he has driven straight trucks for four years, 
accumulating 512,000 miles, and tractor-trailer combinations for eight 
years, accumulating 1.19 million miles. He holds a Class A CDL from 
Pennsylvania. His driving record for the last three years shows no 
crashes and no convictions for moving violations in a CMV.

Dana J. York

    Mr. York, 50, 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/
80. Following an examination in 2018, his optometrist stated, ``Patient 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. York reported that he has driven tractor-
trailer combinations for 25 years, accumulating 400,000 miles. He holds 
an operator's license from Pennsylvania. 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, FMCSA requests 
public comment from all interested persons on the exemption petitions 
described in this notice. We will consider all comments and material 
received before the close of business on the closing date indicated in 
the dates section of the notice.

    Issued on: February 13, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-02966 Filed 2-20-19; 8:45 am]
BILLING CODE 4910-EX-P