[Federal Register: October 8, 1999 (Volume 64, Number 195)]
[Notices]
[Page 54948-54954]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08oc99-183]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[FHWA Docket No. FHWA-99-6156]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Highway Administration (FHWA), DOT.
[[Page 54949]]
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 40 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 November 8, 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.
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
Forty 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 40
exemption requests on its merits, as required by 49 U.S.C. 31315 and
31136(e), and preliminarily determined that exempting these 33
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. Herman Bailey, Jr.
Mr. Bailey is 33 years old and has been employed as a commercial
truck driver for 12 years driving straight trucks, as well as one and
one half years driving tractor-trailer combinations. He has a history
of amblyopia in his right eye secondary to a congenital cataract. Mr.
Bailey has 20/20 vision in his left eye. In the ophthalmologist's
opinion, ``Mr. Bailey has sufficient vision to perform driving tasks
required to operate a commercial vehicle.'' Mr. Bailey holds a West
Virginia commercial driver's license (CDL). He has driven commercial
vehicles more than 330,000 miles. His official driving record for the
past 3 years reflects no traffic violations and no accidents in any
vehicle.
2. Mark A. Baisden
Mr. Baisden, 37, has been employed as a commercial truck driver for
over 8 years. A 1999 examination indicates Mr. Baisden has amblyopia in
his left eye which is ``stable and nonprogressive'' and ``does not
affect or impair peripheral vision.'' His visual acuity in the right
eye is 20/15 and his field of vision is full in each eye. In his
optometrist's opinion, Mr. Baisden has sufficient vision to perform the
driving tasks required for operating a CMV.
Mr. Baisden holds an Ohio CDL. He has driven straight trucks more
than 55,000 miles and tractor-trailer combinations 950,000 miles over
the last 8 years His official driving record for the past 3 years
reflects no traffic violations and no accidents in a commercial
vehicle.
3. Brad T. Braegger
Mr. Braegger, 47, has amblyopia in his left eye. His vision in the
right eye is 20/20 with corrective lens, according to a 1999
examination. His ophthalmologist states, ``Mr. Braegger has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.''
Brad Braegger holds a Utah CDL. He has driven tractor-trailer
combination vehicles during a 29-year career. He has operated tractor-
trailers for a total of over 3 million miles. His official State
driving record reveals no traffic citations or accidents in any vehicle
in the last 3 years.
4. Kenneth Eugene Bross
Mr. Bross, 46, has worn a prosthesis in his left eye for
approximately 9 years. A 1999 medical examination indicates he has 20/
20 corrected vision in his right eye. In the optometrist's opinion,
``Mr. Bross has developed excellent adaptive skills and is fully
capable of operating a commercial motor vehicle.''
Kenneth Bross holds a Missouri CDL with hazardous materials and
tank vehicles endorsements. He has operated straight trucks for 30
years and tractor-trailer combinations for 12 years. His official State
driving record reflects no moving violations and no accidents in any
vehicle in the last 3 years.
5. Erick H. Cotton
Mr. Cotton, 34, suffered an injury to his right eye over 20 years
ago. A 1999 medical report indicates that his best corrected visual
acuity in his right eye is 20/200. His vision in his left eye with
glasses is 20/20. His optometrist states, ``Mr. Cotton has adapted very
well to the central vision loss and [is] experiencing no difficulty
driving a commercial vehicle.''
Erick Cotton holds a Michigan CDL with a tank vehicle endorsement.
He has driven tractor-trailer combination vehicles for 13 and one half
years and over 470,000 miles. His driving record for the past 3 years
reflects no traffic violations and no accidents in any type of vehicle.
6. Fletcher E. Creel
Mr. Creel, 55, suffered an injury to his right eye in 1984 which
prevents him from meeting the Federal vision standard. He has 20/20
vision in his left eye with correction and full horizontal field of
vision. An optometrist examined him in 1999 and stated, ``In my
opinion, Mr. Creel is able to perform the visual
[[Page 54950]]
tasks necessary to operate a commercial vehicle.''
Fletcher Creel has 33 years of experience operating tractor-trailer
combinations. He holds a California CDL and has driven more than 1.65
million miles in commercial vehicles. His official State driving record
contains no accidents or citations in any vehicle over the last 3
years.
7. Richard James Cummings
Mr. Cummings, 42, has been employed as a commercial truck driver
for 19 years. According to a 1999 examination, Mr. Cummings' right eye
was removed in 1993, and he wears a prosthesis. The vision in his left
eye is 20/20 with glasses. According to his optometrist, ``Mr. Cummings
has sufficient vision to drive a commercial vehicle.''
Richard Cummings holds an Indiana Chauffeur's License. He has
driven straight trucks for 8 years and tractor-trailer combinations for
14 years for a total of over 1 million miles. His official driving
record for the past 3 years reflects no traffic violations and no
accidents in any vehicle.
8. Daniel R. Franks
Mr. Franks, 33, has operated straight trucks and tractor-trailer
combinations for approximately 15 years. Because he suffered a retinal
detachment in his right eye in 1991, Mr. Franks is unable to meet the
vision requirement in 49 CFR 391.41(b)(10).
A 1999 examination by an ophthalmologist reveals Mr. Franks's best-
corrected vision in his left eye is 20/20. In the ophthalmologist's
opinion, Mr. Franks has sufficient vision to operate a CMV safely.
Mr. Franks holds an Ohio CDL. He has driven straight trucks more
than 750,000 miles and tractor-trailer combinations more than 300,000
miles, and his official driving record for the past 3 years contains no
traffic violations or accidents in a CMV.
9. William L. Frigic
Mr. Frigic, 55, has amblyopia in his right eye. A 1999 examination
indicates Mr. Frigic has 20/20 corrected vision in his left eye and
light perception in his right eye. According to the optometrist, Mr.
Frigic ``can perform the driving tasks required to operate a commercial
vehicle.''
Mr. Frigic holds an Ohio CDL. He has driven straight trucks and
tractor-trailer combinations during a 32-year career. He has driven
straight trucks nearly 960,000 miles and tractor-trailer combinations
1.35 million miles during that period. His official State driving
record reveals no traffic citations or accidents in a CMV in the last 3
years.
10. Curtis Nelson Fulbright
Mr. Fulbright, 57, had a metallic foreign body in his left eye in
1966 that was removed, but resulted in the development of a cataract
that was also removed, followed by a retinal detachment. Vision in the
left eye is light perception and 20/20 corrected in the right eye,
according to a 1999 examination. His ophthalmologist states, ``Mr.
Fulbright is fully capable of performing the driving tasks required to
operate a commercial vehicle.''
Curtis Fulbright has a North Carolina CDL. He has 35 years
experience operating tractor-trailer combinations and has driven a CMV
over 3.5 million miles. His official State driving record reveals no
traffic citations or accidents in any vehicle in the past 3 years.
11. Victor Bradley Hawks
Mr. Hawks, 36, has been employed as a commercial truck driver for
14 years driving tractor-trailer combinations. According to his
optometrist, Mr. Hawks has amblyopia in his left eye. As a result, he
cannot meet the vision requirement of 49 CFR 391.41(b)(10).
A December 1998 medical report indicates Mr. Hawks's best corrected
vision is better than 20/25 in the right eye. In the optometrist's
opinion, Mr. Hawks' ``has sufficient visual ability to perform
commercial driving tasks in question.''
He has driven tractor-trailer combinations for more than 1.8
million miles. Mr. Hawks holds a North Carolina CDL, and his driving
record for the past 3 years reflects no traffic violations and no
accidents in a commercial vehicle.
12. Vincent I. Johnson
Mr. Johnson is a 71-year-old individual who is blind in his right
eye as the result of an injury at the age of approximately five years.
He has 20/20 vision in his left eye, according to a 1999 examination.
The ophthalmologist who conducted the examination indicates Mr. Johnson
has sufficient vision to drive a CMV.
Mr. Johnson has a 53-year career operating straight trucks more
than 300,000 miles. He holds a District of Columbia CDL and has had no
traffic violations or accidents in any vehicle in the past 3 years.
13. Myles E. Lane, Sr.
Mr. Lane is a 63-year-old individual who has operated CMVs for over
40 years. He has amblyopia in the left eye. Because of this condition,
Mr. Lane is unable to meet the vision requirement in 49 CFR
391.41(b)(10).
A 1999 examination reveals Mr. Lane has 20/20 corrected vision in
his right eye and 20/400 vision in his left eye. The optometrist who
conducted the examination states Mr. Lane is ``visually able to safely
operate a commercial motor vehicle.''
Mr. Lane holds a Kentucky CDL with hazardous materials and tank
vehicles endorsements. He has driven straight trucks and tractor-
trailer combinations approximately 3.4 million miles. His official
driving record for the past 3 years contains no moving violations and
no accidents.
14. Dennis J. Lessard
Mr. Lessard, 37, has a 12-year history of a macular scar in his
right eye which limits his central vision. According to a 1999
examination, the vision in his left eye is 20/20 with glasses. His
ophthalmologist says Mr. Lessard has sufficient vision to perform the
tasks necessary to operate a CMV.
Mr. Lessard holds an Indiana CDL with tank vehicle and hazardous
materials endorsements. He has 19 years' experience driving tractor-
trailer combination vehicles. His official State driving record
contains no traffic violations and no accidents in any vehicle in the
past 3 years. Mr. Lessard has driven for Ronwal Transportation, Inc.,
full-time since 1985 except for a 9-month period in 1994. The company's
vice president says, ``With his excellent safety habits, work history
and driving record, we feel that Mr. Dennis J. Lessard is an asset to
us and to the Truck Transportation Industry.''
15. Jon G. Lima
Mr. Lima, 50, has been blind in his right eye since 1954 due to
trauma. The vision in his left eye was 20/20 corrected in a 1999
examination. His ophthalmologist says, ``Mr. Lima, in my opinion, has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.''
Jon Lima holds an Illinois CDL. He has 20 years' experience driving
straight trucks and 10 years' experience driving tractor-trailer
combinations. His official State driving record contains no traffic
violations and no accidents in any vehicle in the past 3 years.
16. Richard L. Loeffelholz
Mr. Loeffelholz, 45, has a small central scotoma in his right eye
due to an injury he suffered in 1992. He cannot meet the Federal vision
requirement, as a result. Mr. Loeffelholz' best corrected vision in his
right eye is 20/400 and 20/20 in his left eye, according to a 1999
[[Page 54951]]
examination. According to the ophthalmologist, Mr. Loeffelholz'
``visual acuity is sufficient to perform the tasks required to operate
a commercial vehicle.''
Mr. Loeffelholz holds a Wisconsin CDL with a tank vehicle
endorsement. He has 27 years' experience operating straight trucks and
10 years' experience operating tractor-trailer combinations. He has
driven these CMVs approximately 2 million miles. His official State
driving record reveals no traffic violations and one accident in a
commercial vehicle. Mr. Loeffelholz was not at fault in the accident
and no citation was issued to him. The driver of the other vehicle was
cited for failure to yield right of way.
17. Herman Carl Mash
Mr. Mash, 51, is missing his right eye and wears a prosthesis as
the result of trauma in the 1960s. His vision in the left eye is 20/20,
according to a 1999 examination. His ophthalmologist states, ``I
certify that in my profession(al) opinion Mr. Mash has sufficient
vision to perform the driving test required to operate a commercial
vehicle in the state of North Carolina and in interstate commerce.''
Herman Carl Mash holds a North Carolina CDL. He has driven tractor-
trailer combination vehicles for 14 years and over 1 million miles. His
official State driving record reveals no traffic citations or accidents
in a CMV in the last 3 years.
18. Joseph M. Porter
Mr. Porter, 36, has an amblyopic right eye. A 1999 examination
indicates the vision in his left eye is 20/20 with glasses. The
optometrist says, ``Mr. Porter will have no visual reason not to
operate a motor vehicle, commercial and otherwise.''.
Mr. Porter has a Minnesota CDL. He has driven straight trucks for
18 years and approximately 360,000 miles and tractor-trailer
combination vehicles approximately 300,000 miles. There are no traffic
violations or accidents in any vehicle in the past 3 years on his
official driving record.
19. Richard Rankin
Mr. Rankin, 32, has been blind in his left eye since childhood. A
1999 medical examination indicates that he has 20/20 acuity in his
right eye.
According to his ophthalmologist, the vision in his right eye is
``completely stable'' and the visual field is full in his right eye. In
the ophthalmologist's opinion, Mr. Rankin ``has done well with vision
just out of his right eye'' and can perform the tasks necessary to
operate a CMV.
Mr. Rankin has been a professional truck driver for 4 years and has
driven straight trucks approximately 100,000 miles. He holds an Ohio
CDL, and a review of his State driving record indicates no moving
violations and no accidents in any vehicle in the last 3 years.
20. Robert G. Rasicot
Mr. Rasicot, 58, has amblyopia in his left eye. A December 1998
examination indicates the best corrected vision in his right eye is 20/
20. His optometrist says, ``It is my medical opinion that Robert G.
Rasicot has sufficient vision to safely perform the driving tasks
required to operate a commercial vehicle.''
Mr. Rasicot has a Florida CDL. He has driven straight trucks and
tractor-trailer combinations for 34 years. He has driven straight
trucks over one million miles and tractor trailer combinations over
650,000 miles. His official State driving record for the past 3 years
contains no traffic violations and no accidents in a CMV.
21. A. W. Schollett
Mr. Schollett, 52, has operated CMVs for 25 years. His right eye
was removed as the result of an accident approximately 40 years ago,
and he is, therefore, unable to meet the vision requirement in 49 CFR
391.41(b)(10).
A 1999 examination by the optometrist reveals Mr. Schollett has 20/
15 vision in his left eye with correction. In the optometrist's
opinion, Mr. Schollett has sufficient vision to operate a CMV.
A.W. Schollett holds a Colorado CDL. He has driven straight trucks
and tractor-trailer combinations for over 1 million miles, and his
official driving record for the past 3 years reveals no accidents and
no traffic violations in any vehicle.
22. Melvin B. Shumaker
Mr. Shumaker, 58, has amblyopia in his left eye. Because of this
condition, he is unable to meet the Federal vision standard in 49 CFR
391.41(b)(10). An optometrist examined Mr. Shumaker in December 1998,
and found his best corrected vision is 20/200 in the left eye and 20/20
in the right eye. According to the optometrist, Mr. Shumaker's
condition ``is certifiably stable and his vision is sufficient for
driving commercial vehicles (CMV).''
Melvin Shumaker has operated tractor-trailer combinations for 40
years and over 4 million miles. He holds a Florida CDL, and his
official driving record for the past 3 years reflects no moving
violations and no accidents in a CMV.
23. Clark H. Sullivan
Mr. Sullivan, 50, has been blind in his left eye since
approximately 1974 due to trauma. A 1999 examination by an
ophthalmologist revealed the vision in his right eye to be 20/20 with
or without correction. He wears a prosthesis in the left eye. The
ophthalmologist stated Mr. Sullivan ``will be safe to drive'' a CMV.
Mr. Sullivan holds a Louisiana CDL. He has operated tractor-trailer
combinations for 30 years and approximately 2.4 million miles. His
official State driving record reflects no traffic citations and no
accidents for the past 3 years.
24. Wayland O. Timberlake
Mr. Timberlake, 30, suffered a retinal detachment 17 years ago in
his right eye due to previous trauma. A 1999 medical examination
indicates he has 20/20 minus one vision in his left eye. In the
ophthalmologist's opinion, Mr. Timberlake has sufficient vision to
operate a CMV.
Wayland Timberlake holds a Texas CDL with a tank vehicle
endorsement. He has driven tractor-trailer combinations more than
500,000 miles over the last 5 years, and his official driving record
for the past 3 years contains no accidents and no violations in any
vehicle.
25. Norman R. Wilson
Mr. Wilson, 51, has a congenital visual defect in his left eye and
his visual acuity is finger counting. Therefore, he cannot meet the
vision requirement in 49 CFR 391.41(b)(10).
He has 20/20 vision in his right eye, according to a 1999
examination. The ophthalmologist who conducted the examination asserts
Mr. Wilson has sufficient vision to drive a CMV.
Mr. Wilson has an Oregon CDL with a tank vehicle endorsement. He
has driven straight trucks for 24 years and tractor-trailer
combinations for 20 years. His official State driving record for the
past 3 years contains no accidents in any vehicle and one traffic
violation for ``Failure to obey a sign/traffic control device'' while
driving a CMV.
26. Larry M. Wink
Mr. Wink, 43, has been a commercial driver for 25 years. He has
amblyopia in his right eye. His corrected visual acuity is 20/60 in his
right eye. Therefore, Mr. Wink is unable to meet the vision requirement
in 49 CFR 391.41(b)(10).
A 1999 examination revealed Mr. Wink has 20/20 vision in his left
eye with glasses. According to the
[[Page 54952]]
optometrist, ``he has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.''
Larry Wink holds a Kentucky CDL with a passenger transportation
endorsement. He has driven tractor-trailer combination vehicles
approximately 440,000 miles, straight trucks more than 625,000 miles,
and buses 4,000 miles. There is one accident in a commercial vehicle on
his official driving record in the past 3 years. Mr. Wink was stopped
at a traffic light when he was struck from behind. He was not issued a
citation for that accident. No moving violations in a commercial
vehicle in the last 3 years were found on his record.
27. Jeffrey G. Wuensch
Mr. Wuensch, 34, has amblyopia in his left eye. A 1999 examination
by an optometrist revealed the vision in his right eye to be 20/20 with
correction. The optometrist stated Mr. Wuensch ``has sufficient vision
to perform the driving tasks required to operate a commercial
vehicle.''
Mr. Wuensch holds a Wisconsin CDL with a hazardous materials
endorsement. He has operated tractor-trailer combinations for eight
years and 200,000 miles. His official State driving record reflects no
traffic citations and no accidents in any vehicle for the past 3 years.
28. Jon H. Wurtele
Mr. Wurtele, 60, has operated CMVs for 42 years. He is blind in the
right eye due to an accident approximately 40 years ago and therefore
cannot meet the vision requirement in 49 CFR 391.41(b)(10).
A 1999 examination indicates Mr. Wurtele has visual acuity in his
left eye of 20/20 uncorrected. His optometrist states ``I can see no
reason why he would not be able to drive a commercial vehicle as long
as he has the proper accessories such as outside mirrors.''
Jon Wurtele has a Nebraska CDL. He has driven straight trucks and
tractor-trailer combination vehicles for 42 years and approximately 3.5
million miles. His official State driving record reveals no accidents
or citations for a moving violation in any vehicle for the past 3
years.
29. Walter M. Yohn, Jr.
Mr. Yohn, 28, suffered trauma in his left eye in 1993 and is
visually impaired, as a result. Because of this eye condition, Mr. Yohn
is unable to meet the Federal vision requirement. He has 20/20
corrected vision in his right eye, according to a 1999 examination. In
his optometrist's opinion, Mr. Yohn has ``sufficient vision to perform
the driving tasks required to operate a commercial vehicle.''
Walter M. Yohn holds an Alabama CDL. He has been a professional
truck driver for 7 years operating straight trucks. His official State
driving record contains no moving violations and no accidents in any
vehicle in the last 3 years.
30. Steven H. Heidorn
Mr. Heidorn, 56, has been employed as a commercial truck driver for
forty years. He holds an Indiana Chauffeurs License, and has driven
straight trucks over 320,000 miles and tractor trailer combination
vehicles over 2.25 million miles. He has been blind in the left eye
since 1995, as the result of a retinal detachment. His optometrist
states that his condition is stable and should not lessen his ability
to operate any vehicle. His official driving record contains no
accidents or citations of any kind.
31. James Donald Simon
Mr. Simon, 42, is blind in his left eye and wears a prosthesis due
to an injury suffered when he was a child. The vision in his right eye
is 20/20 without correction, according to a 1999 examination. His
optometrist says he has sufficient vision to operate a commercial
vehicle.
James Simon holds a Florida CDL. He has driven tractor-trailer
combinations over 890,000 miles and straight trucks nearly 750,000
miles. His official driving record contains one moving traffic
violation in the past 3 years. In 1997, Mr. Simon was convicted of a
non-serious speeding violation in a commercial vehicle.
32. William A. Bixler
Mr. Bixler, 48, is blind in his right eye as the result of an
injury which took place in 1955. A 1998 medical report indicates he has
20/20 vision in his left eye without correction. In his optometrist's
opinion, Mr. Bixler is capable of operating a CMV, because ``he has
adapted his head turning ability to compensate for the loss in his
visual field.''
William Bixler has 23 years' experience operating straight trucks
and 4 years' experience operating tractor-trailer combinations,
accumulating almost 1.15 million miles. He has a Pennsylvania CDL and
his official driving record reveals no traffic citations or accidents
in any vehicle in the past 3 years.
33. Woodrow E. Bohley
Mr. Bohley is a 35 year-old individual who has operated buses for
13 years. Because he has amblyopia in his left eye, Mr. Bohley is
unable to meet the vision requirement in 49 CFR 391.41(b)(10).
A 1999 examination by the optometrist reveals Mr. Bohley's best
corrected vision in his right eye is 20/20, and no pathological
conditions were detected during this examination. In the optometrist's
opinion, Mr. Bohley has adequate vision to operate a CMV safely.
Mr. Bohley holds a Missouri commercial driver's license (CDL). He
has driven more than 455,000 miles, and his official driving record for
the past 3 years contains no accidents or traffic violations in any
vehicle.
34. George L. Silvia
Mr. Silvia, 44, is blind in his left eye due to an injury suffered
30 years ago. A 1999 medical examination indicates that he has 20/25
uncorrected acuity in his right eye and 20/100 acuity in his left eye.
According to his optometrist, ``Mr. Silvia has sufficient vision to
operate a commercial vehicle and he has no medical conditions which
would compromise his visual field.''
Mr. Silvia has been a professional truck driver for 25 years and
has driven tractor-trailer combinations more than 625,000 miles. He
holds a North Carolina CDL. A review of his State driving record
indicates no moving violations and no accidents in any vehicle in the
last 3 years.
35. Martin Postma
Mr. Postma, 45, has been employed as a commercial truck driver for
20 years. He has 20/400 vision in his left eye due to amblyopia and
therefore cannot meet the vision requirement of 49 CFR 391.41(b)(10).
A 1999 examination indicates Mr. Postma has 20/20 corrected visual
acuity in his right eye. According to his optometrist, ``Mr. Postma has
developed all the skills necessary to adapt'' to his condition and the
examination ``demonstrates all the skills necessary to operate a
commercial vehicle.''
Mr. Postma holds an Illinois CDL. He has driven tractor-trailer
combination vehicles for 20 years and over 1.7 million miles. His
official driving record for the past 3 years reflects no traffic
violations and no accidents in any vehicle.
36. Steven L. Valley
Mr. Valley, 48, has no central vision in his left eye due to a
central retinal vein occlusion. A 1999 examination indicates the best
corrected vision in his right eye is 20/20+. His optometrist says, that
his condition ``has and should remain stable. Thus, I would state that
[[Page 54953]]
Mr. Valley is quite capable of performing his commercial vehicle
driving tasks as he has in the past.''
Mr. Valley has a Maine CDL. He has driven straight trucks for 8
years and tractor-trailer combinations for 5 years, accumulating over
400,000 miles. His official State driving record for the past 3 years
contains no traffic violations and no accidents in a CMV.
37. Phillip P. Smith
Mr. Smith, 43, has been employed as a commercial bus driver for 21
years. According to his optometrist, Mr. Smith has amblyopia in his
right eye and his best corrected visual acuity in right eye is finger
counting at 15 feet. As a result, he cannot meet the vision requirement
of 49 CFR 391.41(b)(10).
A 1999 medical report indicates Mr. Smith's best corrected vision
is 20/20-1 in the left eye. In the optometrist's opinion, Mr. Smith's
``central vision is excellent OS (left) and the field of vision is a
full 180 degrees OU (both eyes), (therefore) I see no reason that his
vision should cause any undo risk for commercial or personal driving to
himself or to others.''
He has driven buses for more than 315,000 miles. Mr. Smith holds a
Kentucky CDL, and his driving record for the past 3 years reflects no
traffic violations and one accident in a commercial vehicle. Mr. Smith
was not charged with any violation in the accident, and there were no
injuries.
38. Robert W. Nicks
Mr. Nicks, 47, has been employed as a commercial truck driver for
28 years, driving straight trucks as well as tractor-trailer
combinations. He has amblyopia in his right eye. Mr. Nicks has 20/20
corrected vision in his left eye. In the optometrist's opinion, Mr.
Nicks has sufficient vision to safely operate a commercial vehicle. Mr.
Nicks holds a New York CDL. He has driven commercial vehicles more than
1 million miles. His official driving record for the past 3 years
reflects no traffic violations and no accidents in any vehicle.
39. Frank T. Miller
Mr. Miller, 50, has a long-standing central scar in his left eye,
leaving visual acuity in that eye of 20/100. A 1999 examination by an
optometrist revealed the vision in his right eye to be 20/20 with or
without correction. The optometrist stated Mr. Miller's ``condition is
stable, and I see no reason that he should not be able to safely
operate a commercial motor vehicle.''
Mr. Miller holds an Ohio CDL. He has operated tractor-trailer
combinations for 25 years. His official State driving record reflects
no accidents in a CMV for the past 3 years. His record does show 2
speeding violations in a commercial vehicle in the last 3 years. Both
were non-serious violations, under 15 mph over the posted speed limit.
40. Roger Allen Dennison
Mr. Dennison, 62, has been driving straight trucks approximately
50,000 miles per year for the past 30 years. Mr. Dennison holds an
Illinois CDL. He has ambyopia in his left eye. His vision is
correctable to 20/30 in the right eye. According to his optometrist,
Mr. Dennison has sufficient vision to perform the driving tasks
required to operate a CMV. His official driving record shows no
accidents or citations in a commercial 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 40 applicants represented here 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 Sec. 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 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 40 applicants and publish in the Federal Register a
notice of final determination at any time after the close of the
[[Page 54954]]
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: September 29, 1999.
Kenneth R. Wykle,
Federal Highway Administrator.
[FR Doc. 99-26284 Filed 10-7-99; 8:45 am]
BILLING CODE 4910-22-P
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