[Federal Register Volume 84, Number 170 (Tuesday, September 3, 2019)]
[Notices]
[Pages 46088-46091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18973]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0013]


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 19 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 October 3, 2019.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2019-0013 using any of the 
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/docket?D=FMCSA-2019-0013. 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: (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, (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-2019-0013), 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/docket?D=FMCSA-2019-0013. 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/docket?D=FMCSA-2019-0013 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(b), FMCSA may grant an exemption 
from the FMCSRs for no longer than a 5-year period if it finds such 
exemption would likely achieve a level of safety that is equivalent to, 
or greater than, the level that would be achieved absent such 
exemption. The statute also allows the Agency to renew exemptions at 
the end of the 5-year period. FMCSA grants medical exemptions from the 
FMCSRs for a 2-year period to align with the maximum duration of a 
driver's medical certification.
    The 19 individuals listed in this notice have requested an 
exemption from the vision requirement in 49 CFR 391.41(b)(10). 
Accordingly, the Agency

[[Page 46089]]

will evaluate the qualifications of each applicant to determine whether 
granting an exemption will achieve the required level of safety 
mandated by statute.
    The physical qualification standard for drivers regarding vision 
found in Sec.  391.41(b)(10) states that a person is physically 
qualified to drive a CMV if that person has distant visual acuity of at 
least 20/40 (Snellen) in each eye without corrective lenses or visual 
acuity separately corrected to 20/40 (Snellen) or better with 
corrective lenses, distant binocular acuity of at least 20/40 (Snellen) 
in both eyes with or without corrective lenses, field of vision of at 
least 70[deg] in the horizontal Meridian in each eye, and the ability 
to recognize the colors of traffic signals and devices showing standard 
red, green, and amber.
    On July 16, 1992, the Agency first published the criteria for the 
Vision Waiver Program, which listed the conditions and reporting 
standards that CMV drivers approved for participation would need to 
meet (57 FR 31458). The current Vision Exemption Program was 
established in 14998, following the enactment of amendments to the 
statutes governing exemptions made by Sec.  4007 of the Transportation 
Equity Act for the 21st Century (TEA-21), Public Law 105-178, 112 Stat. 
107, 401 (June 9, 1998). Vision exemptions are considered under the 
procedures established in 49 CFR part 381 subpart C, on a case-by-case 
basis upon application by CMV drivers who do not meet the vision 
standards of Sec.  391.41(b)(10).
    To qualify for an exemption from the vision requirement, FMCSA 
requires a person to present verifiable evidence that he/she has driven 
a commercial vehicle safely in intrastate commerce with the vision 
deficiency for the past three years. Recent driving performance is 
especially important in evaluating future safety, according to several 
research studies designed to correlate past and future driving 
performance. Results of these studies support the principle that the 
best predictor of future performance by a driver is his/her past record 
of crashes and traffic violations. Copies of the studies may be found 
at https://www.regulations.gov/docket?D=FMCSA-1998-3637.
    FMCSA believes it can properly apply the principle to monocular 
drivers, because data from the Federal Highway Administration's (FHWA) 
former waiver study program clearly demonstrated the driving 
performance of experienced monocular drivers in the program is better 
than that of all CMV drivers collectively.\1\ The fact that experienced 
monocular drivers demonstrated safe driving records in the waiver 
program supports a conclusion that other monocular drivers, meeting the 
same qualifying conditions as those required by the waiver program, are 
also likely to have adapted to their vision deficiency and will 
continue to operate safely.
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    \1\ A thorough discussion of this issue may be found in a FHWA 
final rule published in the Federal Register on March 26, 1996 and 
available on the internet at https://www.govinfo.gov/content/pkg/FR-1996-03-26/pdf/96-7226.pdf.
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    The first major research correlating past and future performance 
was done in England by Greenwood and Yule in 1920. Subsequent studies, 
building on that model, concluded that crash rates for the same 
individual exposed to certain risks for two different time periods vary 
only slightly (See Bates and Neyman, University of California 
Publications in Statistics, April 1952). Other studies demonstrated 
theories of predicting crash proneness from crash history coupled with 
other factors. These factors--such as age, sex, geographic location, 
mileage driven and conviction history--are used every day by insurance 
companies and motor vehicle bureaus to predict the probability of an 
individual experiencing future crashes (See Weber, Donald C., 
``Accident Rate Potential: An Application of Multiple Regression 
Analysis of a Poisson Process,'' Journal of American Statistical 
Association, June 1971). A 1964 California Driver Record Study prepared 
by the California Department of Motor Vehicles concluded that the best 
overall crash predictor for both concurrent and nonconcurrent events is 
the number of single convictions. This study used three consecutive 
years of data, comparing the experiences of drivers in the first two 
years with their experiences in the final year.

III. Qualifications of Applicants

William D. Amberman

    Mr. Amberman, 51, has a retinal detachment in his left eye due to a 
traumatic incident in 1987. The visual acuity in his right eye is 20/
20, and in his left eye, hand motion. Following an examination in 2019, 
his optometrist stated, ``It is my medical opinion that Mr. Amberman 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Amberman reported that he has driven 
straight trucks for 27 years, accumulating 270,000 miles. He holds a 
Class BM CDL from Pennsylvania. His driving record for the last three 
years shows no crashes and no convictions for moving violations in a 
CMV.

Dwayne E. Bennett

    Mr. Bennett, 53, has chorioretinal scars in his left eye due to an 
infection in 2000. The visual acuity in his right eye is 20/20, and in 
his left eye, 20/400. Following an examination in 2019, his optometrist 
stated, ``According to FMSCA [sic] 391.41 the patient would be eligible 
for a Commercial Driver's License, and therefore in my medical opinion, 
he has sufficient vision to perform the driving tasks required for a 
commercial driver's license.'' Mr. Bennet reported that he has driven 
straight trucks for 34 years, accumulating 476,000 miles. He holds an 
operator's license from Tennessee. His driving record for the last 
three years shows no crashes and no convictions for moving violations 
in a CMV.

John W. Burnett

    Mr. Burnett, 58, has retinal scarring in his right eye due to 
sarcoidosis in 1989. The visual acuity in his right eye is counting 
fingers, and in his left eye, 20/20. Following an examination in 2019, 
his optometrist stated, ``It is my medical opinion that Mr. Burnette 
[sic] has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Burnett reported that he has driven 
buses for 18 years, accumulating 360,000 miles. He holds a Class B 
Enhanced CDL from Washington. His driving record for the last three 
years shows no crashes and no convictions for moving violations in a 
CMV.

Joseph A. Clark

    Mr. Clark, 50, has had Coats disease in his left eye since birth. 
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, ``In my professional opinion, Joseph's visual deficiency is 
stable at this time and he has sufficient vision to operate a 
commercial vehicle.'' Mr. Clark reported that he has driven straight 
trucks for 11 years, accumulating 264,000 miles, and tractor-trailer 
combinations for ten years, accumulating 182,000 miles. He holds a 
Class ABCD CDL from Wisconsin. His driving record for the last three 
years shows no crashes and no convictions for moving violations in a 
CMV.

Kent N. Davis

    Mr. Davis, 55, has corneal scarring in his right eye due to a 
traumatic incident in childhood. The visual acuity in his

[[Page 46090]]

right eye is light perception, and in his left eye, 20/20. Following an 
examination in 2019, his optometrist stated, ``It is my medical opinion 
that Mr. Davis does have sufficient vision required to operate a 
commercial vehicle.'' Mr. Davis reported that he has driven straight 
trucks for four years, accumulating 42,000 miles, and tractor-trailer 
combinations for 25 years, accumulating 4.4 million miles. He holds a 
Class A CDL from South Dakota. His driving record for the last three 
years shows no crashes and one conviction for a moving violation in a 
CMV, illegal lane usage--failure to drive in the right-hand lane.

James W. Day

    Mr. Day, 49, has had aphakia in his right eye since birth. The 
visual acuity in his right eye is hand motion, and in his left eye, 20/
20. Following an examination in 2019, his optometrist stated, ``It is 
our medical opinion that James Day has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Day 
reported that he has driven straight trucks for 13 years, accumulating 
975,000 miles, and tractor-trailer combinations for 13 years, 
accumulating 650,000 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.

Robert L. Farnsworth

    Mr. Farnsworth, 56, 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/
50. Following an examination in 2019, his ophthalmologist stated, ``In 
my medical opinion, patient has sufficient vision to perform driving 
tasks required to operate a commercial vehicle.'' Mr. Farnsworth 
reported that he has driven straight trucks for 27 years, accumulating 
13,500 miles and tractor-trailer combinations for 27 years, 
accumulating 810,000 miles. He holds a Class A CDL from Oregon. His 
driving record for the last three years shows no crashes and no 
convictions for moving violations in a CMV.

Clayton R. Galyean

    Mr. Galyean, 44, has had optic neuropathy in his right eye since 
2016. The visual acuity in his right eye is 20/300, and in his left 
eye, 20/25. Following an examination in 2019, his ophthalmologist 
stated, ``Given this, I feel competent in affirming that Mr. Galyean 
should be able to operate a commercial vehicle safely as long as his 
left eye health is maintained.'' Mr. Galyean reported that he has 
driven straight trucks for 18 years, accumulating 432,000 miles, and 
tractor-trailer combinations for 18 years, accumulating 432,000 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.

Roy Girlie

    Mr. Girlie, 60, has had a central retinal artery occlusion in his 
right eye since 2016. The visual acuity in his right eye is 20/80, and 
in his left eye, 20/25. Following an examination in 2019, his 
optometrist stated, ``In my medical opinion, he has sufficient vision 
to perform the driving tests required to operate a commercial 
vehicle.'' Mr. Girlie reported that he has driven straight trucks for 
36 years, accumulating 900,000 miles, and tractor-trailer combinations 
for 39 years, accumulating 3.9 million miles. He holds a Class A CDL 
from Florida. His driving record for the last three years shows no 
crashes and no convictions for moving violations in a CMV.

Calvin B. Jones

    Mr. Jones, 47, 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/
150. Following an examination in 2019 his optometrist stated, ``in 
[sic] my opinion, he has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Jones reported that he 
has driven straight trucks for 27 years, accumulating 1.4 million 
miles. He holds a Class B CDL from Maryland. His driving record for the 
last three years shows no crashes and no convictions for moving 
violations in a CMV.

Sidney L. Jones, Jr.

    Mr. Jones, 65, has a retinal detachment in his left eye due to a 
traumatic incident in 1981. The visual acuity in his right eye is 20/
20, and in his left eye, 20/60. Following an examination in 2019, his 
optometrist stated, ``In my medical opinion, Mr. Sidney Jones has 
sufficient vision to perform the driving tasks required to safely 
operate a commercial vehicle.'' Mr. Jones reported that he has driven 
straight trucks for 40 years, accumulating 2.8 million miles. He holds 
a Class B CDL from Georgia. His driving record for the last three years 
shows no crashes and one conviction for a moving violation in a CMV; he 
failed to keep in the right lane.

Theodore J. Kenyon

    Mr. Kenyon, 75, 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 
remains my opinion that Mr. Theodore Kenyou [sic] has more than 
sufficient vision to safely operate a commercial vehicle.'' Mr. Kenyon 
reported that he has driven straight trucks for 57 years, accumulating 
855,000 miles, and tractor-trailer combinations for 32 years, 
accumulating 320,000 miles. He holds a Class A CDL from Vermont. His 
driving record for the last three years shows no crashes and no 
convictions for moving violations in a CMV.

Mark V. Kneib

    Mr. Kneib, 59, 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 
2019, his optometrist stated, ``Has sufficient vision to perform 
driving tasks required to operate a commercial vehicle in my medical 
opinion.'' Mr. Kneib reported that he has driven straight trucks for 40 
years, accumulating 400,000 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.

Molu H. Mohamed

    Mr. Mohamed, 47, has had amblyopia in the 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 2019, his optometrist stated, ``I do 
believe Mr. Mohamed has sufficient vision to perform the essential 
tasks of driving a commercial vehicle.'' Mr. Mohamed reported that he 
has driven tractor-trailer combinations for 14 years, accumulating 1.4 
million 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.

Brian E. Monaghan

    Mr. Monaghan, 69, 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 2019, his ophthalmologist 
stated, ``In my professional opinion, Mr. Monaghan has sufficient 
vision to perform driving tasks required to operate a commercial 
vehicle.'' Mr. Monaghan reported that he has driven straight trucks for 
40 years, accumulating 1.4 million miles.

[[Page 46091]]

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.

Robert M. Murphy

    Mr. Murphy, 53, 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 2019, his optometrist stated, ``He has 
sufficient vision to perform the driving tasks to operate a commercial 
vehicle.'' Mr. Murphy reported that he has driven straight trucks for 
30 years, accumulating 330,000 miles. He holds an operator's license 
from New Jersey. His driving record for the last three years shows no 
crashes and no convictions for moving violations in a CMV.

Robert E. Nichols

    Mr. Nichols, 43, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/200, and in his 
left eye, 20/15. Following an examination in 2019, his ophthalmologist 
stated, ``Based on the exam, Robert has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Nichols reported that he has driven straight trucks for two years, 
accumulating 6,000 miles, and buses for five years, accumulating 45,000 
miles. He holds an operator's license from Nevada. His driving record 
for the last three years shows no crashes and no convictions for moving 
violations in a CMV.

Jeffery T. Skaggs

    Mr. Skaggs, 44, has a crushed orbit in his right eye due to a 
traumatic incident in 1996. The visual acuity in his right eye is no 
light perception and in his left eye, 20/20. Following an examination 
in 2019, his optometrist stated, ``In regards to his vision, I see no 
issues with him continuing to drive in full capacity, including a CDL 
license.'' Mr. Skaggs reported that he has driven straight trucks for 
28 years, accumulating 420,000 miles, and tractor-trailer combinations 
for four years, accumulating 220,000 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.

Karol Stankiewicz

    Mr. Stankiewicz, 36, 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 2019, his optometrist stated, ``In my 
medical opinion, the patient has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. 
Stankiewicz reported that he has driven tractor-trailer combinations 
for 14 years, accumulating 700,000 miles. He holds a Class A CDL from 
Illinois. His driving record for the last three years shows no crashes 
and no convictions for moving violations in a CMV.

IV. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315(b), FMCSA requests 
public comment from all interested persons on the exemption petitions 
described in this notice. We will consider all comments and material 
received before the close of business on the closing date indicated 
under the DATES section of the notice.

    Issued on: August 21, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-18973 Filed 8-30-19; 8:45 am]
 BILLING CODE 4910-EX-P