2019-18973. 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 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: [phone].

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, [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., ET, Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, [phone].

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 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.

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 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 § 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.

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 § 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 § 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.

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 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. 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.

Footnotes

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.