[Federal Register: May 18, 1999 (Volume 64, Number 95)]
[Notices]
[Page 27027-27032]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18my99-132]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[FHWA DOCKET NO. FHWA-99-5578]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice of petitions and intent to grant applications for
exemption; request for comments.
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SUMMARY: This notice announces the FHWA's preliminary determination to
grant the applications of 32 individuals for an exemption from the
vision requirements in the Federal Motor Carrier Safety Regulations
(FMCSRs). Granting the exemptions will enable these individuals to
qualify as drivers of commercial motor vehicles (CMVs) in interstate
commerce without meeting the vision standard prescribed in 49 CFR
391.41(b)(10).
DATES: Comments must be received on or before June 17, 1999.
ADDRESSES: Your written, signed comments must refer to the docket
number at the top of this document, and you must submit the comments to
the Docket Clerk, U.S. DOT Dockets, Room PL-401, 400 Seventh Street,
SW., Washington, DC 20590-0001. All comments will be available for
examination at the above address between 9 a.m. and 5 p.m., e.t.,
Monday through Friday, except Federal holidays. Those desiring
notification of receipt of comments must include a self-addressed,
stamped envelope or postcard.
FOR FURTHER INFORMATION CONTACT: For information about the vision
exemptions in this notice, Ms. Sandra Zywokarte, Office of Motor
Carrier Research and Standards, (202) 366-2987; for information about
legal issues related to this notice, Ms. Judith Rutledge, Office of the
Chief Counsel, (202) 366-0834, Federal Highway Administration,
Department of Transportation, 400 Seventh Street, SW., Washington, DC
20590. Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday
through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access
Internet users may access all comments received by the U.S. DOT
Dockets, Room PL-401, by using the universal resource locator (URL):
http://dms.dot.gov. It is available 24 hours each day, 365 days each
year. Please follow the instructions online for more information and
help.
[[Page 27028]]
An electronic copy of this document may be downloaded using a modem
and suitable communications software from the Government Printing
Office's Electronic Bulletin Board Service at (202) 512-1661. Internet
users may reach the Office of the Federal Register's home page at:
http://www.nara.gov/fedreg and the Government Printing Office's
database at: http://www.access.gpo.gov/nara.
Background
Thirty-two individuals have requested an exemption from the vision
requirement in 49 CFR 391.41(b)(10), which applies to drivers of CMVs
in interstate commerce. Under 49 U.S.C. 31315 and 31136(e), the FHWA
may grant an exemption for a renewable 2-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.'' Accordingly, the FHWA has evaluated each of the 32
exemption requests on its merits, as required by 49 U.S.C. 31315 and
31136(e), and preliminarily determined that exempting these 32
applicants from the vision requirement in 49 CFR 391.41(b)(10) is
likely to achieve a level of safety equal to, or greater than, the
level that would be achieved without the exemption.
Qualifications of Applicants
1. Grady Lee Black, Jr.
Mr. Black is a 46-year-old individual who has operated CMVs for 24
years. He has had a congenital irregularity called amblyopia (``lazy
eye'') in his right eye since birth, according to his optometrist.
Because of this condition, Mr. Black is unable to meet the vision
requirement in 49 CFR 391.41(b)(10).
A 1999 examination by the optometrist reveals Mr. Black has 20/30
vision in his left eye with glasses. In the optometrist's opinion, Mr.
Black has sufficient vision to perform the tasks necessary to operate a
CMV.
Mr. Black holds a Mississippi commercial driver's license (CDL)
with a tank vehicle endorsement. He has driven tractor-trailer
combinations more than 2 million miles since 1975, and his official
driving record for the past 3 years contains one speeding ticket and no
accidents.
2. Marvin E. Brock
In the words of his optometrist, Mr. Brock, 64, has ``long-
standing'' amblyopia in his right eye. Because the eye condition is an
old one, he has had many years to adapt his driving skills to
accommodate his vision deficiency. A 1998 medical examination indicates
he has 20/25 vision in his left eye with glasses. In the optometrist's
opinion, Mr. Brock is capable of operating a CMV safely.
Mr. Brock has been a professional truck driver for 24 years and has
driven tractor-trailer combinations more than 2 million miles. He holds
a California CDL, and his official State driving record reflects no
moving violations and no accidents in any vehicle in the last 3 years.
3. Roosevelt Bryant, Jr.
Mr. Bryant is 49 years old and has been employed as a commercial
truck driver for 25 years. He has been blind in his left eye since 1979
and therefore cannot meet the vision requirement of 49 CFR
391.41(b)(10).
A 1999 examination indicates Mr. Bryant has 20/20 vision in his
right eye without glasses. In his optometrist's opinion, Mr. Bryant is
capable of operating a CMV safely.
Mr. Bryant holds a Georgia CDL. He has driven CMVs more than 2
million miles since 1974. His official driving record for the past 3
years reflects no traffic violations and no accidents in any vehicle.
Mr. Bryant has operated tractor-trailer combinations for Truck and
Trailer Leasing Corporation since May 1979; the president of the
company calls him ``a dependable, conscientious, hard-working
employee.''
4. John Alex Chizmar
Mr. Chizmar, 47, has amblyopia in his right eye. The vision in his
left eye was 20/15 with glasses in a 1998 examination. His optometrist
says Mr. Chizmar is able to perform the tasks necessary to operate a
CMV.
Mr. Chizmar has an Ohio CDL. He has driven straight trucks and
tractor-trailer combinations in 20 years as a professional driver. His
official State driving record for the past 3 years contains no traffic
violations and no accidents in a CMV.
5. Billy M. Coker
Mr. Coker, 59, has been employed as a commercial truck driver for
30 years. He has been blind in his left eye since he was a child.
A 1999 medical report indicates Mr. Coker has 20/20 vision in the
right eye with corrective lenses. His optometrist states Mr. Coker has
the skills to operate a CMV. Having been blind in one eye since
childhood, he has had almost his entire life to adapt to it.
He has driven tractor-trailer combinations 3 million miles since
1969. Mr. Coker holds a Tennessee CDL, and his driving record for the
past 3 years reflects no traffic violations and no accidents.
6. Cliff Dovel
Mr. Dovel, 46, had his right eye removed in 1993 due to intraocular
cancer. A 1999 examination by an ophthalmologist revealed the vision in
his left eye to be 20/20 without correction. The ophthalmologist stated
Mr. Dovel has sufficient vision to perform the driving tasks associated
with a CMV.
Mr. Dovel holds a Washington CDL with a tank vehicle endorsement.
He has operated straight trucks and tractor-trailer combinations during
a professional driving career spanning more than 20 years. His official
State driving record reflects no traffic citations and no accidents in
any vehicle for the past 3 years. A statement from Gary Davis Trucking
Inc., Mr. Dovel's employer since 1991, refers to him as ``an exemplary
employee'' whose ``driving record is excellent.''
7. George T. Ellis, Jr.
Mr. Ellis, 55, lost the sight in his left eye in 1980. His vision
in the right eye is 20/20 with glasses, according to a 1998
examination. His optometrist states Mr. Ellis can perform the tasks
necessary to operate a CMV.
Mr. Ellis holds a Virginia CDL. He is a self-employed owner-
operator who has driven straight trucks and tractor-trailer combination
vehicles during a 20-year career. For the last 8 years, he has operated
tractor-trailers an average of 80,000 miles a year. His official State
driving record reveals no traffic citations or accidents in any vehicle
in the last 3 years.
8. Weldon R. Evans
Mr. Evans, 32, has had amblyopia in his right eye since birth.
Because of this eye condition, Mr. Evans is unable to meet the Federal
vision requirement. His left eye was measured at 20/20 with glasses in
a 1998 examination, and the optometrist says Mr. Evans ``has more than
adequate vision to safely perform any driving task'' in a CMV.
Weldon Evans holds an Ohio CDL with a tank vehicle endorsement. He
has operated tractor-trailer combination vehicles for 8 years and has
driven them more than 700,000 miles. His official State driving record
lists one moving violation and no accidents in a CMV in the last 3
years. The safety director at his employer since 1995, Total Xpress,
writes that Mr. Evans ``has been a safe and conscientious driver'' for
the company.
[[Page 27029]]
9. Richard L. Gagnebin
Mr. Gagnebin is a 49-year-old individual who has been blind in his
left eye since he was about 19. He has 20/20 unaided vision in his
right eye, according to a 1999 examination. The ophthalmologist who
conducted the examination asserts Mr. Gagnebin has sufficient vision to
drive a CMV.
Mr. Gagnebin has 9 years' experience operating tractor-trailer
combinations and 18 years of experience driving straight trucks. He
holds a Kansas CDL with a tank vehicle endorsement and has had no
traffic violations or accidents in a CMV in the past 3 years. Like the
other applicants, Mr. Gagnebin's safe driving record indicates he has
adjusted successfully to his vision impairment.
10. James P. Guth
Mr. Guth is a 44-year-old man who has had amblyopia in his left eye
since childhood. He has 20/15 vision in his right eye with corrective
lenses and 20/20 uncorrected. An optometrist examined him in 1998 and
stated Mr. Guth is able to operate a CMV safely.
Mr. Guth has 16 years of experience operating tractor-trailer
combinations and 7 years' experience operating straight trucks. He
holds a Pennsylvania CDL with tank vehicle and passenger endorsements
and has driven more than 2 million miles in commercial vehicles. He has
no traffic citations or accidents in any vehicle on his official
driving record for the past 3 years.
11. James J. Hewitt
Mr. Hewitt, 33, has had amblyopia in his left eye since birth. The
vision in his right eye is 20/20 without glasses, according to a 1999
examination. His ophthalmologist states Mr. Hewitt is able to perform
the duties of a CMV driver.
Mr. Hewitt has a Wisconsin CDL with tank vehicle and hazardous
materials endorsements. He has operated tractor-trailer combination
vehicles for 4 years and has accumulated more than 350,000 miles behind
the wheel. His official State driving record reveals no accidents or
citations in any vehicle for the past 3 years. This safe driving record
indicates Mr. Hewitt has adapted successfully to a vision impairment he
has had all his life.
12. Paul M. Hoerner
Mr. Hoerner, 58, has had amblyopia in his left eye since childhood.
The vision in his right eye was 20/30 with glasses in a 1999
examination. His ophthalmologist says Mr. Hoerner has sufficient vision
to perform the tasks necessary to operate a CMV.
Mr. Hoerner holds a South Dakota CDL with a tank vehicle/hazardous
materials endorsement. He has 40 years' experience driving straight
trucks and has driven tractor-trailer combinations for 15 years. His
official State driving record contains no traffic violations and no
accidents in any vehicle in the past 3 years.
13. Carroll Joseph Ledet
Mr. Ledet, 48, has a cataract condition in his left eye which
prevents him from meeting the Federal vision standard. The condition
has existed since he was 12 years old. An optometrist examined him in
1999 and found Mr. Ledet's vision in the right eye to be 20/20 without
glasses. The optometrist says Mr. Ledet is able to perform the tasks
required to operate a CMV.
Mr. Ledet has a Louisiana CDL with a tank vehicle/hazardous
materials endorsement. He has been a professional truck driver for 19
years and has driven tractor-trailer combination vehicles more than
800,000 miles. There are no traffic violations or accidents in any
vehicle in the past 3 years on his official driving record.
14. Charles L. Lovern
Mr. Lovern, 49, has had a lesion on the retina in his left eye
since early childhood, thus making him unable to meet the Federal
vision standard in 49 CFR 391.41(b)(10). An optometrist examined him in
1999 and found the vision in his right eye to be 20/20 without glasses.
The optometrist states Mr. Lovern has sufficient vision to ``operate
any commercial vehicle safely.''
Mr. Lovern has a Tennessee CDL with a tank vehicle endorsement and
has operated straight trucks for 9 years and tractor-trailer
combinations for almost 3 years. His official driving record for the
past 3 years reveals one accident and no traffic violations in a CMV.
The 1996 accident caused damage to Mr. Lovern's truck; however, there
were no injuries and no other vehicle was involved. He was not issued a
citation.
15. Craig M. Mahaffey
Mr. Mahaffey is a 25-year-old individual who was born with a
cataract on his right eye. This prevents him from meeting the Federal
vision requirement. Mr. Mahaffey has 20/20 vision in his left eye with
corrective lenses, according to a 1999 examination. The ophthalmologist
who conducted the examination asserts Mr. Mahaffey has sufficient
vision ``to safely operate a commercial vehicle.''
Mr. Mahaffey has 3 years'' experience operating straight trucks and
6 years' experience operating tractor-trailer combinations for two Ohio
companies. He has driven these CMVs almost 300,000 miles. He holds an
Ohio CDL with a tank vehicle endorsement and has no traffic violations
or accidents in any vehicle on his official State driving record. One
of his employers reports Mr. Mahaffey has received its ``Excellence
without Incident'' award since 1992. Mr. Mahaffey's safe driving record
is testimony to the fact he has successfully adapted his driving
techniques to his vision impairment.
16. Michael S. Maki
Mr. Maki, 33, has had amblyopia in his right eye since birth.
Vision in the left eye is 20/20 with glasses, according to a 1998
examination. His optometrist states Mr. Maki ``has demonstrated . . .
he is able to safely operate'' a CMV and ``nothing found in this visual
examination would indicate that he is no longer able'' to do so.
Mr. Maki holds a Minnesota CDL. He has operated a CMV for United
Parcel Service for 6 years, and the company's terminal manager calls
him a ``valued part of our organization.'' Mr. Maki's official State
driving record reveals no traffic citations or accidents in any vehicle
in the past 3 years.
17. Gerald Wayne McGuire
Mr. McGuire, 53, has had amblyopia in his left eye since childhood.
A 1999 examination by an optometrist confirmed vision in the right eye
to be 20/20 with glasses. The optometrist believes Mr. McGuire is able
to perform the tasks required to operate a CMV.
Mr. McGuire holds a Colorado CDL. He has operated straight trucks
for 3 years and tractor-trailer combinations for 5 years, driving a
total of 550,000 miles in CMVs. His employer, Western Freightways,
Inc., calls him ``very dependable and safe.'' There are no moving
violations in any vehicle and one accident in a CMV in the past 3 years
on his official driving record. In that accident, Mr. McGuire's truck
was hit in the rear by a vehicle. No citation was issued to him.
18. Eldon Miles
Mr. Miles, 49, has had a scar on his right eye since 1992 which
prevents him from meeting the Federal vision standard. His left eye was
measured at 20/15 with glasses in a 1999 examination, and the
optometrist asserts Mr. Miles can perform the tasks required to operate
a CMV.
Eldon Miles has an Indiana CDL with a hazardous materials/tank
vehicle endorsement. He has operated straight trucks and tractor-
trailer combination
[[Page 27030]]
vehicles for 27 years. In the 7 years since he developed the scar on
his eye, Mr. Miles has driven CMVs more than 400,000 miles. There are
no traffic violations or accidents in any vehicle on his official State
driving record for the past 3 years.
19. Craig W. Miller
Mr. Miller, 43, has been a commercial truck driver for 18 years and
has driven for the same company for 15 of them. He has had a macular
scar on his right eye since 1992 and cannot meet the Federal vision
requirement. A 1998 medical examination indicates Mr. Miller has 20/20
vision in the left eye without corrective lenses. His ophthalmologist
states Mr. Miller can perform the tasks required to operate a CMV.
He has driven tractor-trailer combinations and straight trucks
approximately 500,000 miles in his career. He has a Missouri CDL with a
tank vehicle/hazardous materials endorsement, and his official driving
record for the past 3 years reflects no traffic violations and no
accidents in any vehicle.
20. Walter F. Moniowczak
Mr. Moniowczak lost the sight in his left eye in 1956. According to
a 1999 examination, his right eye is 20/20 without the need for
glasses. His ophthalmologist states Mr. Moniowczak can perform the
tasks associated with driving a CMV.
Mr. Moniowczak is 62 years old and holds a Michigan CDL with a tank
vehicle endorsement. He has operated tractor-trailer combinations for
more than 40 years and has driven 4 million miles. He has worked for
the same company for the past 42 years, and the company's president
says Mr. Moniowczak is ``a great asset . . . with his excellent driving
record.''
There are no moving violations in any vehicle and one accident in a
CMV in the past 3 years on his official driving record. In that
accident, Mr. Moniowczak was driving his truck on an icy road during a
snowstorm. He drove onto the shoulder to avoid vehicles stopped in
front of him, and his truck sustained minor damage. There were no
injuries and Mr. Moniowczak was not issued a citation.
21. Howard R. Payne
Mr. Payne, 60, was hit in the left eye with a baseball bat as a
child. He is unable to meet the Federal vision standard. An optometrist
examined him in 1999 and found the vision in Mr. Payne's right eye to
be 20/20 unaided. The optometrist writes that he ``sees no reason'' why
Mr. Payne cannot continue to operate a CMV safely.
Mr. Payne holds a Minnesota CDL. He has been a professional truck
driver for 12 years and has driven tractor-trailer combination vehicles
almost 600,000 miles. His official driving record for the past 3 years
contains one speeding ticket in a CMV and no accidents in any vehicle.
22. Kenneth Adam Reddick
Mr. Reddick, 35, has had amblyopia in his left eye since childhood.
A 1999 examination by an optometrist revealed vision in the right eye
to be 20/20 with corrective lenses. The optometrist believes Mr.
Reddick has sufficient vision to operate a CMV and noted his ``very
long and safe record.''
Mr. Reddick has a Pennsylvania CDL with a hazardous materials/tank
vehicle endorsement. In his 14 years as a professional driver, he has
driven straight trucks and tractor-trailer combinations almost 1
million miles. His official State driving record for the past 3 years
contains no traffic violations and no accidents in any vehicle.
23. Leonard Rice, Jr.
Mr. Rice is a 51-year-old man who had his right eye removed when he
was 3 months old. He has 20/20 vision in his left eye without
corrective lenses. An optometrist examined him in 1998 and asserted Mr.
Rice has sufficient vision to operate a CMV.
Mr. Rice holds a Georgia CDL with tank vehicle/hazardous materials
and passenger endorsements. He has driven tractor-trailer combinations
and straight trucks more than 1 million miles in a 35-year professional
driving career. There are no traffic violations or accidents in any
vehicle on his official driving record for the past 3 years.
Mr. Rice received a safe driving award from one of his employers
and compliments on his safe driving from others. His record indicates
he has successfully adapted his driving techniques to a vision
impairment he has had all his life.
24. Willard L. Riggle
Mr. Riggle, 52, suffered an injury to his right eye when he was 8,
resulting in a macular scar. A 1999 examination by an ophthalmologist
revealed the vision in his left eye to be 20/15 with correction. The
ophthalmologist stated Mr. Riggle has ``sufficient vision to safely
operate'' a CMV.
Mr. Riggle holds an Indiana CDL. He has 12 years' experience
operating straight trucks and has operated tractor-trailer combinations
for 18 years, accumulating almost 2 million miles in CMVs. Mr. Riggle's
official State driving record reflects no traffic violations or
accidents in any vehicle in the past 3 years.
25. John A. Sortman
Mr. Sortman, 48, has had a macular defect in his right eye since
birth. This condition prevents him from meeting the Federal vision
requirement. A 1998 medical report indicates he has 20/20 vision in his
left eye with glasses. In his optometrist's opinion, Mr. Sortman is
capable of operating a CMV.
Mr. Sortman has operated straight trucks and tractor-trailer
combinations professionally for 26 years. He has an Ohio CDL with a
hazardous materials endorsement, and his official driving record for
the past 3 years reflects no traffic violations or accidents in any
vehicle.
26. James Archie Strickland
Mr. Strickland is a 44-year-old individual who lost his left eye in
1993 due to malignant melanoma. He has 20/15 vision in his right eye
without glasses, according to a 1999 examination by an ophthalmologist.
The ophthalmologist states Mr. Strickland's vision in the right eye
``permits normal, unrestricted operation'' of a CMV.
Mr. Strickland holds a North Carolina CDL with a tank vehicle/
hazardous materials endorsement. He has driven straight trucks and
tractor-trailer combinations almost 500,000 miles since he began his
professional driving career in 1991. His official State driving record
contains no traffic violations and no accidents in a CMV in the past 3
years.
27. James Terry Sullivan
Mr. Sullivan, 40, has amblyopia in his left eye. Because of this
condition, Mr. Sullivan is unable to meet the vision requirement in 49
CFR 391.41(b)(10). A 1998 medical examination indicates he has 20/15
vision in his right eye with glasses. In his optometrist's opinion, Mr.
Sullivan has sufficient vision to operate a CMV.
Mr. Sullivan has been a professional truck driver for 11 years and
has operated straight trucks and tractor-trailer combinations. He holds
a Kentucky CDL with a tank vehicle endorsement, and his official State
driving record reflects no traffic violations or accidents in any
vehicle for the past 3 years.
28. Edward A. Vanderhei
Mr. Vanderhei is 44 years old and has been employed as a commercial
truck driver for 20 years. The optic nerve in
[[Page 27031]]
his right eye was damaged in 1992, leaving him blind in that eye. An
optometrist examined him in 1999 and reports the vision in Mr.
Vanderhei's left eye to be 20/20 without correction. In the
optometrist's opinion, Mr. Vanderhei ``has very good distance [and]
peripheral vision'' and is capable of operating a CMV.
Mr. Vanderhei holds an Illinois CDL and has driven tractor-trailer
combination vehicles more than 1.2 million miles in his career. His
official driving record for the past 3 years reflects no traffic
violations or accidents in any vehicle. Mr. Vanderhei's employer says
he ``has performed his duties accident-free and is a valued employee.''
29. Buford C. Varnadore
Mr. Varnadore, 72, injured his left eye when he was 14 and has been
virtually blind in the eye since then. A 1999 medical examination
indicates Mr. Varnadore has 20/30 vision in the right eye without
corrective lenses. He has sufficient vision to operate a CMV, according
to his optometrist. Having been blind in one eye since he was a
teenager, Mr. Varnadore has had almost his entire life to adapt to it.
He has been a professional truck driver more than 41 years and has
driven tractor-trailer combinations 2.4 million miles since 1957. Mr.
Varnadore holds a North Carolina CDL; his official driving record for
the past 3 years reflects no traffic violations and no accidents in any
vehicle.
30. Kevin P. Weinhold
Mr. Weinhold, 48, has amblyopia in his left eye. Vision in the
right eye was 20/20 with glasses in a 1999 examination. His
ophthalmologist states Mr. Weinhold is able to operate a CMV ``and
control [it] safely.''
Mr. Weinhold has a Massachusetts CDL and has 30 years' experience
operating CMVs, 10 years with straight trucks and 20 more with tractor-
trailer combinations. His official State driving record for the past 3
years reflects no traffic violations and no accidents in any vehicle.
He has worked for Pacific Packaging Products, Inc., since 1984, and its
chief financial officer says the company has ``routinely given Kevin
its safe driving awards.''
31. Thomas A. Wise
Mr. Wise, 56, has been employed as a commercial truck driver for 30
years. He has had a macular scar in his right eye since he was a child.
A 1999 medical report indicates Mr. Wise has 20/20 vision in the left
eye with corrective lenses. His optometrist states Mr. Wise has
sufficient vision to operate a CMV.
He has driven tractor-trailer combination vehicles more than 1.5
million miles during his professional career. He has a Colorado CDL,
and his official driving record for the past 3 years contains one
moving violation in a CMV and no accidents in any vehicle. Mr. Wise has
driven trucks for Welby Gardens since 1984. The company's general
manager says he has performed his ``driving responsibilities safely and
efficiently.''
32. Rayford R. Harper
Mr. Harper is a 44-year-old individual who has operated CMVs for
more than 23 years. He has amblyopia in his left eye, according to his
optometrist. Because of this condition, Mr. Harper is unable to meet
the Federal vision requirement. A 1999 examination by the optometrist
reveals Mr. Harper has 20/20 vision in his right eye without glasses.
In the optometrist's opinion, Mr. Harper's vision impairment does not
affect his ability to operate a CMV.
He has driven straight trucks and tractor-trailer combinations more
than 2.5 million miles in his career. He holds an Alabama CDL, and his
official driving record for the past 3 years contains no traffic
violations and no accidents in any vehicle.
Basis for Preliminary Determination To Grant Exemptions
Independent studies support the principle that past driving
performance is a reliable indicator of an individual's future safety
record. The studies are filed in FHWA Docket No. FHWA-97-2625 and
discussed at 63 FR 1524, 1525 (January 9, 1998). We believe we can
properly apply the principle to monocular drivers because data from the
vision waiver program clearly demonstrate the driving performance of
monocular drivers in the program is better than that of all CMV drivers
collectively. (See 61 FR 13338, March 26, 1996.) That monocular drivers
in the waiver program demonstrated their ability to drive safely
supports a conclusion that other monocular drivers, with qualifications
similar to those required by the waiver program, can also adapt to
their vision deficiency and operate safely.
The 32 applicants have qualifications similar to those possessed by
drivers in the waiver program. Their experience and safe driving record
operating CMVs demonstrate that they have adapted their driving skills
to accommodate their vision deficiency. Since past driving records are
reliable precursors of the future, there is no reason to expect these
individuals to drive less safely after receiving their exemptions.
Indeed, there is every reason to expect at least the same level of
safety, if not a greater level, because the applicants can have their
exemptions revoked if they compile an unsafe driving record.
For these reasons, the FHWA believes exempting the individuals from
49 CFR 391.41(b)(10) is likely to achieve a level of safety equal to,
or greater than, the level that would be achieved without the exemption
as long as vision in their better eye continues to meet the standard
specified in Section 391.41(b)(10). As a condition of the exemption,
therefore, the FHWA proposes to impose requirements on the individuals
similar to the grandfathering provisions in 49 CFR 391.64(b) applied to
drivers who participated in the agency's former vision waiver program.
These requirements are: (1) That each individual be physically
examined every year (a) by an ophthalmologist or optometrist who
attests that vision in the better eye meets the standard in 49 CFR
391.41(b)(10), and (b) by a medical examiner who attests the individual
is otherwise physically qualified under 49 CFR 391.41; (2) that each
individual provide a copy of the ophthalmologist's or optometrist's
report to the medical examiner at the time of the annual medical
examination; and (3) that each individual provide a copy of the annual
medical certification to his or her employer for retention in its
driver qualification file or keep a copy in his or her driver
qualification file if he or she becomes self-employed. The driver must
also have a copy of the certification when driving so it may be
presented to a duly authorized Federal, State, or local enforcement
official.
In accordance with 49 U.S.C. 31315 and 31136(e), the proposed
exemption for each person will be valid for 2 years unless revoked
earlier by the FHWA. The exemption will be revoked if: (1) the person
fails to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
before it was granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31315 and
31136. If the exemption is effective at the end of the 2-year period,
the person may apply to the FHWA for a renewal under procedures in
effect at that time.
Request for Comments
In accordance with 49 U.S.C. 31315 and 31136(e), the FHWA is
requesting public comment from all interested persons on the exemption
petitions and the matters discussed in this notice. All
[[Page 27032]]
comments received before the close of business on the closing date
indicated above will be considered and will be available for
examination in the docket room at the above address. Comments received
after the closing date will be filed in the docket and will be
considered to the extent practicable, but the FHWA may issue exemptions
from the vision requirement to the 32 applicants and publish in the
Federal Register a notice of final determination at any time after the
close of the comment period. In addition to late comments, the FHWA
will also continue to file in the docket relevant information which
becomes available after the closing date. Interested persons should
continue to examine the docket for new material.
Authority: 49 U.S.C. 31136 and 31315; 23 U.S.C. 315; 49 CFR
1.48.
Issued on: May 12, 1999.
Kenneth R. Wykle,
Federal Highway Administrator.
[FR Doc. 99-12465 Filed 5-17-99; 8:45 am]
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