2018-15261. Qualification of Drivers; Exemption Applications; Vision

AGENCY:

Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION:

Notice of applications for exemption; request for comments.

SUMMARY:

FMCSA announces receipt of applications from 13 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 August 16, 2018.

ADDRESSES:

You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-2018-0014 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., e.t., Monday through Friday, except Federal Holidays.
• Fax: [phone].

Instructions: Each submission must include the Agency name and the docket number(s) 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., e.t., 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 online.

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 http://www.regulations.gov,, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at http://www.dot.gov/​privacy.

FOR FURTHER INFORMATION CONTACT:

Ms. Christine A. Hydock, Chief, Medical Programs Division, [phone], [e-mail], 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., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone [phone].

SUPPLEMENTARY INFORMATION:

I. 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 13 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° 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 § 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.

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.

II. Qualifications of Applicants

Ronald D. Blakely

Mr. Blakely, 63, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/20, and in his left eye, 20/50. Following an examination in 2018, his optometrist stated, “I feel that Ron has sufficient vision to perform the driving tasks required to operate a commercial vehicle since the amblyopia is longstanding, stable, and he is well adjusted.” Mr. Blakely reported that he has driven straight trucks for 35 years, accumulating 1.58 million miles, and buses for one year, accumulating 25,000 miles. He holds a Class CB CDL from Michigan. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV.

Homero Dominguez

Mr. Dominguez, 51, has a prosthetic left eye due to a traumatic incident in 2000. 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, “In my opinion Mr. Dominguez has sufficient vision to perform the driving tasks required to operate a commercial vehicle.” Mr. Dominguez reported that he has driven tractor-trailer combinations for four years, accumulating 340,000 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.

Larry L. George

Mr. George, 59, has had a corneal scar in his right eye since childhood. The visual acuity in his right eye is counting fingers, and in his left eye, 20/25. Following an examination in 2018, his ophthalmologist stated, “Mr. George's vision is sufficient to drive a commercial vehicle.” Mr. George reported that he has driven straight trucks for two years, accumulating 100,000 miles, and tractor-trailer combinations for 30 years, accumulating 6 million miles. He holds an operator's license from Louisiana. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV.

Jason C. Hetrick

Mr. Hetrick, 38, has complete loss of vision 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, no light perception. Following an examination in 2018, his optometrist stated, “Based on my understanding of the visual requirements for commercial vehicle operation, Mr. Hetrick has sufficient vision to perform the driving tasks required to operate a commercial vehicle.” Mr. Hetrick reported that he has driven straight trucks for 25 years, accumulating 381,250 miles, and tractor-trailer combinations for seven years, accumulating 3,500 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.

Michael A. Hildebrand

Mr. Hildebrand, 40, has had posterior staphyloma in his right eye since childhood. The visual acuity in his right eye is count fingers, and in his left eye, 20/20. Following an examination in 2018, his optometrist stated, “In my medical opinion, Michael Hildebrand has sufficient vision to perform the driving tasks required to operate a commercial vehicle.” Mr. Hildebrand reported that he has driven straight trucks for 12 years, accumulating 374,400 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.

Junior M. Isenberg

Mr. Isenberg, 63, has had amblyopia in his left eye since birth. The visual acuity in his right eye is 20/20, and in his left eye, 20/400. Following an examination in 2018, his optometrist stated, “In my opinion, Junior Isenberg has sufficient vision to perform the driving task to operate a commercial vehicle.” Mr. Isenberg reported that he has driven straight trucks for 30 years, accumulating 1.5 million miles. He holds a Class B CDL from Kentucky. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV.

David G. Livingston

Mr. Livingston, 55, 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 optometrist stated, “This is a second letter to express that it is my medical opinion that Mr. Livingston has sufficient vision in his left eye to perform the driving tasks required to operate a commercial vehicle.” Mr. Livingston reported that he has driven straight trucks for 18 years, accumulating 360,000 miles, and tractor-trailer combinations for 18 years, accumulating 360,000 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.

Joseph P. Markley

Mr. Markley, 61, has had macular myelinated nerve fibers in his right eye since birth. The visual acuity in his right eye is counting fingers, and in his left eye, 20/25. Following an examination in 2018, his ophthalmologist stated, “Mr. Markley has sufficient vision in left eye to perform the tasks required to operate a commercial vehicle.” Mr. Markley reported that he has driven straight trucks for 39 years, accumulating 42,900 miles, and tractor-trailer combinations for 39 years, accumulating 91,650 miles. He holds a Class AM CDL from Pennsylvania. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV.

Derek L. Redford

Mr. Redford, 65, has an irregularly shaped pupil 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, counting fingers. Following an examination in 2018, his optometrist stated, “I hereby certify that in my medical opinion the patient has sufficient vision to perform the driving tasks required to operate a commercial vehicle.” Mr. Redford reported that he has driven straight trucks for ten years, accumulating 500,000 miles. He holds an operator's license from Idaho. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV.

David Tavarez

Mr. Tavarez, 49, has had amblyopia 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 2018, his optometrist stated, “Based upon the color vision testing,binocular [sic] field of vision tests and quality of vision in his left eye, it is my medical opinion that Mr. David Tavarez can adequately operate a commercial motor vehicle at this time.” Mr. Tavarez reported that he has driven straight trucks for 21 years, accumulating 630,000 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.

William B. Van Drielen

Mr. Van Drielen, 56, has a macular scar in his left eye due to a traumatic incident in 2012. The visual acuity in his right eye is 20/20, and in his left eye, 20/50. Following an examination in 2018, his optometrist stated, “In my medical opinion, Mr. Vandrielen [sic] has sufficient vision to perform the driving tasks required to operate a commercial vehicle.” Mr. Van Drielen reported that he has driven straight trucks for five years, accumulating 1 million miles, and tractor-trailer combinations for 36 years, accumulating 3.85 million miles. He holds a Class AM CDL from Nevada. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV.

Willie R. White, Jr.

Mr. White, 62, has had optic nerve damage in his left eye since 2012. 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, “In my medical opinion this patient has sufficient vision to perform the driving tasks required to operate a commercial vehicle.” Mr. White reported that he has driven straight trucks for ten years, accumulating 150,000 miles, and tractor-trailer combinations for 20 years, accumulating two million miles. He holds a Class A CDL from Nevada. His driving record for the last three years shows no crashes and one conviction for a moving violation in a CMV; he exceeded the speed limit by 9 mph.

Curtis C. Williams

Mr. Williams, 63, has a retinal detachment in his right eye due to a traumatic incident in 2010. The visual acuity in his right eye is hand motion, and in his left eye, 20/20. Following an examination in 2017, his optometrist stated, “In my opinion Mr. Williams has sufficient vision to perform the daily task required to operate a commercial vehicle.” Mr. Williams reported that he has driven straight trucks for 26 years, accumulating 1.24 million miles, and tractor-trailer combinations for 26 years, accumulating 1.24 million miles. He holds a Class A CDL from Missouri. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV.

III. 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.

IV. 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-2018-0014 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 81/2 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 materials received during the comment period. FMCSA may issue a final determination at any time after the close of the comment period.

V. Viewing Comments and Documents

To view comments, as well as any documents mentioned in this preamble, go to http://www.regulations.gov and in the search box insert the docket number FMCSA-2018-0014 and click “Search.” Next, click “Open Docket Folder” and you will find all documents and comments related to this notice.

Issued on: July 12, 2018.

Larry W. Minor,

Associate Administrator for Policy.