[Federal Register Volume 84, Number 60 (Thursday, March 28, 2019)]
[Notices]
[Pages 11859-11862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05950]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0006]


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 nine 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 April 29, 2019.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2019-0006 using any of the 
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the

[[Page 11860]]

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-2019-0006), 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-2019-0006, 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-2019-0006, 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 nine 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 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.

[[Page 11861]]

    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

Clay A. Applegarth

    Mr. Applegarth, 49, had an enucleation of his left eye due to 
ocular melanoma in 1994. The visual acuity in his right eye is 20/20 
and in his left eye, no light perception. Following an examination in 
2018, his optometrist stated, ``It is my medical opinion that Clay has 
safely operated commercial vehicles with this condition for many years 
and that his vision is sufficient to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Applegarth reported that he has 
driven tractor-trailer combinations for 25 years, accumulating 3.75 
million miles. He holds a Class A CDL from Colorado. His driving record 
for the last three years shows no crashes and one conviction for a 
moving violation in a CMV; drove a defective/unsafe vehicle.

Anthony J. Cesternino

    Mr. Cesternino, 72, had an enucleation of 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, no light perception. Following an 
examination in 2019, his optometrist stated, ``I certify that in my 
medical opinion, Mr. Cesternino has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. 
Cesternino reported that he has driven tractor-trailer combinations for 
47 years, accumulating 5.4 million miles. He holds a Class A CDL from 
Virginia. His driving record for the last three years shows no crashes 
and no convictions for moving violations in a CMV.

Steven S. Criss

    Mr. Criss, 38, has had amblyopia in his left eye since birth. The 
visual acuity in his right eye is 20/20, and in his left eye, 20/80. 
Following an examination in 2018, his optometrist stated, ``In my 
opinion, the reduced visual acuity in Steven's left eye does not 
prohibit him from operating a commercial vehicle . . . I would 
anticipate no further functional problems due to this condition and 
have no reservations about recommending that he be granted the 
privilege to operate a commercial vehicle.'' Mr. Criss reported that he 
has driven straight trucks for ten years, accumulating 350,000 miles. 
He holds an operator's license from Florida. His driving record for the 
last three years shows no crashes and no convictions for moving 
violations in a CMV.

Terrence H. Flick II

    Mr. Flick, 34, has had a macular scar in his left eye since 
childhood. The visual acuity in his right eye is 20/20, and in his left 
eye, light perception. Following an examination in 2018, his 
optometrist stated, ``Mr. Flick does have sufficient vision to drive 
and operate a commercial vehicle safely.'' Mr. Flick reported that he 
has driven straight trucks for 15 years, accumulating 150,000 miles. He 
holds an operator's license from Illinois. His driving record for the 
last three years shows no crashes and no convictions for moving 
violations in a CMV.

Ismael Gonzalez

    Mr. Gonzalez, 59, has had amblyopia in his left eye since 
childhood. The visual acuity in his right eye is 20/20, and in his left 
eye, 20/400. Following an examination in 2018, his ophthalmologist 
stated, ``In my medical opinion, Ismael Gonzalez has sufficient vision 
to perform driving tasks required to operate a commercial vehicle.'' 
Mr. Gonzalez reported that he has driven straight trucks for 25 years, 
accumulating 650,000 miles. He holds a Class B CDL from New Jersey. His 
driving record for the last three years shows no crashes and no 
convictions for moving violations in a CMV.

Philip E. Henderson

    Mr. Henderson, 78, had a retinal detachment in his right eye in 
2008. The visual acuity in his right eye is counting fingers, and in 
his left eye, 20/20. Following an examination in 2018, his 
ophthalmologist stated, ``In my medical opinion, Mr. Philip Henderson 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Henderson reported that he has driven 
straight trucks for six years, accumulating 36,000 miles, and tractor-
trailer combinations for 49 years, accumulating 4.4 million miles. He 
holds a Class A CDL from Missouri. His driving record for the last 
three years shows one crash and one conviction for a moving violation 
in a CMV; improper backing of CMV.

Brian S. Metheny

    Mr. Metheny, 44, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/200, and in his 
left eye, 20/20. Following an examination in 2018, his ophthalmologist 
stated, ``In my opinion [sic] he has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Metheny 
reported that he has driven straight trucks for three years, 
accumulating 180,000 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.

Roger L. Ridder

    Mr. Ridder, 56, has complete loss of vision in his right eye due to 
a retinal detachment in 2015. 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 professional opinion, Mr. 
Roger Ridder has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Ridder reported that he 
has driven straight trucks for 35 years, accumulating 105,000 miles, 
and tractor-trailer combinations for 30 years, accumulating 60,000 
miles. He holds an operator's license from Kansas. His driving record 
for the last three years shows no crashes and no convictions for moving 
violations in a CMV.

Cody R.E. Zeigler

    Mr. Zeigler, 26, has had optic neuropathy in his right eye since 
2015. The visual acuity in his right eye is 20/100, and in his left 
eye, 20/25. Following an examination in 2018, his optometrist stated, 
``I certify in my medical opinion you [sic] have sufficient vision in 
your left eye to

[[Page 11862]]

perform the driving tasks required to operate a commercial vehicle as 
stated in the FMCSA visual standards.'' Mr. Zeigler reported that he 
has driven straight trucks for six years, accumulating 120,000 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: March 20, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-05950 Filed 3-27-19; 8:45 am]
BILLING CODE 4910-EX-P