WAIS Document Retrieval[Federal Register: December 6, 1999 (Volume 64, Number 233)]
[Notices]
[Page 68195-68200]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06de99-108]
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DEPARTMENT OF TRANSPORTATION
Office of Motor Carrier Safety
[OMCS Docket No. OMCS-99-6480]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Office of Motor Carrier Safety (OMCS), DOT.
ACTION: Notice of petitions and intent to grant applications for
exemption; request for comments.
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SUMMARY: This notice announces the preliminary determination to grant
the applications of 34 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 January 5, 2000.
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 68196]]
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
The Secretary has rescinded the authority previously delegated to
the Federal Highway Administration to perform motor carrier functions
and operations. This authority has been redelegated to the Director,
Office of Motor Carrier Safety (OMCS), a new office within the
Department of Transportation [64 FR 56270, October 19, 1999]. The new
OMCS assumes the motor carrier functions previously performed by the
FHWA's Office of Motor Carrier and Highway Safety (OMCHS). Ongoing
rulemaking, enforcement, and other activities of the OMCHS, initiated
while part of the FHWA, will be continued by the OMCS. The redelegation
will cause no changes in the motor carrier functions and operations of
the offices or resource centers.
Thirty-four 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 OMCS
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 OMCS has evaluated each of the 34
exemption requests on its merits, as required by 49 U.S.C. 31315 and
31136(e), and preliminarily determined that exempting these 34
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. All of the drivers
listed below meet all of the physical requirements in 49 CFR 391.41(b),
except for the vision standard in 391.41(b)(10).
Qualifications of Applicants
1. Rodney D. Blaschke
Mr. Blaschke, 35, suffered a traumatic retinal scar in his right
eye approximately 5 years ago, and his best corrected visual acuity in
that eye is
20/400. He has 20/20 corrected vision in his left eye. In the
ophthalmologist's opinion, Mr. Blaschke has sufficient vision to safely
operate a commercial vehicle. Mr. Blaschke holds a Texas CDL. He has
driven tractor-trailer combination vehicles for 14 years and more than
1.6 million miles and straight trucks for 2 years and over 240,000
miles. His official driving record for the past 3 years reflects no
traffic violations and no accidents in a commercial vehicle.
2. Thomas B. Blish
Mr. Blish, 68, has been employed as a commercial truck driver for
over 49 years. He lost the vision in his left eye as a result of injury
during the Korean War and, therefore, cannot meet the vision
requirement of 49 CFR 391.41(b)(10).
A 1999 examination indicates Mr. Blish has corrected visual acuity
of
20/20 in his right eye, and his field of vision is full in that eye. In
his ophthalmologist's opinion, Mr. Blish has ``sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Blish holds a Wisconsin CDL. He has driven tractor-trailer
combinations 4.9 million miles over the last 49 years. His official
driving record for the past 3 years reflects no traffic violations and
no accidents in a commercial vehicle.
3. Ronnie Freamon Bowman
Mr. Bowman, 43, has amblyopia in his right eye and, therefore, is
unable to meet the vision requirement in 49 CFR 391.41(b)(10). A 1999
examination reveals Mr. Bowman has 20/20 corrected vision in his left
eye and
20/100 corrected vision in his right eye. The ophthalmologist who
conducted the examination states that, based on Mr. Bowman's current
level of vision, ``he is safe to operate a commercial vehicle.''
Mr. Bowman holds a Virginia CDL with a hazardous materials
endorsement. He has driven straight trucks and tractor-trailer
combinations approximately 1.4 million miles. His official driving
record for the past 3 years contains no moving violations and no
accidents in any vehicle.
4. James C. Bryce
Mr. Bryce, 54, has amblyopia in his left eye. The corrected vision
in his left eye was 20/100 and 20/25 in his right eye in a 1999
examination. His optometrist says Mr. Bryce has sufficient vision to
perform the driving tasks required to operate a CMV.
James Bryce holds a Michigan CDL. He has 20 years' experience
driving tractor-trailer combinations, accumulating 2 million miles and
10 years' experience driving straight trucks for a total of 400,000
miles. His official State driving record contains no traffic violations
and no accidents in any vehicle in the past 3 years.
5. Thomas L. Corey
Mr. Corey, 45, suffered a traumatic injury to his right eye during
childhood. His best corrected vision in the right eye is 20/400. His
corrected vision in the left eye is 20/15, according to a 1999
examination. His optometrist states, ``it is my medical opinion that
Tom Corey has sufficient vision to perform the driving tasks to operate
a commercial vehicle.''
Thomas Corey holds an Indiana CDL. He has driven tractor-trailer
combination vehicles for 14 years and over 728,000 miles. His official
State driving record reveals no traffic citations or accidents in any
vehicle in the last 3 years.
6. James D. Davis
Mr. Davis, 47, has amblyopia in his left eye. The vision in his
right eye is 20/20 without correction. According to his optometrist,
``Mr. Davis has sufficient vision to perform the tasks required to
operate a commercial vehicle.''
James Davis holds an Ohio CDL. He has driven straight trucks for 7
years and tractor-trailer combinations for 1 year for a total of over
380,000 miles. His official driving record for the past 3 years
reflects no traffic violations and no accidents in any vehicle.
7. Glenn Gee
Mr. Gee, 49, has been blind in his right eye since 1973 when his
eye was removed due to a history of injuries. An ophthalmologist
examined Mr. Gee in 1999 and found his best corrected vision is 20/20
in the left eye. According to the ophthalmologist, Mr. Gee has been
operating a commercial vehicle for many years and should be able to
continue to perform the driving tasks required, as he has noticed no
change in his vision.
Glenn Gee has operated straight trucks and tractor-trailer
combinations for 29 years, accumulating one million miles. He holds a
Texas CDL, and his official driving record for the past 3 years
reflects no moving violations and no accidents in a CMV.
8. Lloyd E. Hall
Mr. Hall, 67, has had a prosthetic left eye for over 30 years. He
has 20/20 corrected vision in his right eye, according to a 1999
examination. The optometrist who conducted the
[[Page 68197]]
examination indicates Mr. Hall has sufficient vision to drive a CMV.
Mr. Hall has a 38-year career operating straight trucks and tractor
trailer combination vehicles more than 1 million miles. He has driven
buses for 2 years and 20,000 miles. He holds an Illinois CDL and has
had one speeding violation and no accidents in the past 3 years in a
CMV.
9. Byron Dale Hardie
Mr. Hardie, 41, has amblyopia in his left eye. He has 20/20
corrected vision in his right eye, according to a 1999 examination. The
ophthalmologist who conducted the examination asserts Mr. Hardie has
adequate vision to drive a CMV.
Mr. Hardie has an Alabama CDL. He has driven straight trucks for 21
years for more than 300,000 miles. His official State driving record
for the past 3 years contains no traffic violations and no accidents in
a commercial vehicle.
10. Robert N. Heaton
Mr. Heaton, 58, has 20/50 corrected vision in his right eye due to
a detached retina. A 1999 examination indicates the vision in his left
eye is 20/20 with glasses. The ophthalmologist says that Mr. Heaton has
sufficient vision to operate a CMV.
Mr. Heaton has a Washington CDL. He has driven tractor-trailer
combination vehicles for 41 years and over 2.25 million miles. There
are no traffic violations or accidents in any vehicle in the past 3
years on his official driving record.
11. Edward E. Hooker
Mr. Hooker, 47, is blind in his left eye due to penetrating trauma
approximately 43 years ago. A 1999 examination indicates Mr. Hooker has
20/15 corrected vision in his right eye with full horizontal field of
vision. According to the optometrist, Mr. Hooker ``has the visual
capability to operate a commercial vehicle.''
Mr. Hooker holds a North Carolina CDL. He has driven tractor-
trailer combinations nearly 3 million miles during a 29-year career.
His official State driving record reveals one conviction for a traffic
violation in a CMV in the last 3 years. The charge was failure to yield
right of way to another vehicle in 1997. Mr. Hooker's driving record
shows no accidents in a CMV in the last 3 years.
12. James M. Irwin
Mr. Irwin, 58, has traumatic optic neuropathy in his right eye with
visual acuity limited to 20/240. A 1999 examination indicates Mr. Irwin
has 20/20 visual acuity in his left eye. According to his
ophthalmologist, ``Mr. Irwin has sufficient vision to perform driving
tasks as required to operate a commercial vehicle.''
Mr. Irwin holds a Montana CDL. He has driven tractor-trailer
combination vehicles for 10\1/2\ years and straight trucks for 2 years
for a total of more than 500,000 miles. His official driving record for
the past 3 years reflects no traffic violations and no accidents in any
vehicle.
13. Laurent G. Jacques
Mr. Jacques, 54, has operated tractor-trailer combinations for 34
years. Because he has a congenital cataract in his right eye, he is
unable to meet the vision requirement in 49 CFR 391.41(b)(10). A 1999
examination by an ophthalmologist reveals Mr. Jacques's best-corrected
vision in his left eye is 20/20. In the ophthalmologist's opinion, Mr.
Jacques has sufficient vision to operate a CMV safely.
Mr. Jacques holds an Massachusetts CDL. He has driven tractor-
trailer combinations for 34 years and more than 1 million miles, and
his official driving record for the past 3 years contains no traffic
violations or accidents in a CMV.
14. Alfred G. Jeffus
Mr. Jeffus, 56, has been driving straight trucks approximately
312,000 miles per year for the past 6 years and tractor-trailer
combination vehicles for 5 years and approximately 650,000 miles. Mr.
Jeffus holds an Oregon CDL. He has had a macular scar in the left eye
since 1969. His vision is 20/15 in the right eye. According to his
optometrist, Mr. White has sufficient vision to operate a CMV. His
official driving record shows no accidents in any vehicle over the last
3 years and 2 convictions for non-serious speeding violations in a
commercial vehicle, as defined in 49 CFR 383.5.
15. Oskia Johnson
Mr. Johnson, 57, has decreased visual acuity (light perception
only) in his left eye as the result of an injury over 20 years ago and
scarring of the cornea after cataract surgery. A 1999 medical report
indicates he has 20/20 vision in his right eye with correction. In his
ophthalmologist's opinion, Mr. Johnson is capable of operating a CMV.
Oskia Johnson has 14 years' experience operating straight trucks,
accumulating almost 350,000 miles. He has an Indiana CDL, and his
official driving record reveals no traffic citations or accidents in
any vehicle in the past 3 years.
16. Michael W. Jones
Mr. Jones, 37, is blind in his left eye due to an injury suffered
when he was a child. The vision in his right eye is 20/20 with
correction, according to a 1999 examination. His optometrist says he
has adequate vision to operate a commercial vehicle.
Michael Jones holds an Illinois CDL. He has driven tractor-trailer
combinations for 11 years and over 990,000 miles. His official driving
record contains no accidents or traffic violations in any vehicle
during the last 3 years.
17. Don R. Kennedy
Mr. Kennedy, 48, has decreased visual acuity (no light perception)
in his left eye which is stable and has been present for the last 30
years. A 1999 medical examination indicates that he has 20/20 corrected
acuity in his right eye. According to his optometrist, Mr. Kennedy has
sufficient vision to operate a commercial vehicle.
Mr. Kennedy has been a professional truck driver for 30 years and
has driven straight trucks and tractor-trailer combinations a total of
more than 3 million miles. He holds a Missouri CDL. A review of his
State driving record indicates no moving violations and no accidents in
any vehicle in the last 3 years.
18. Dennis E. Krone
Mr. Krone, 45, has been employed as a commercial truck driver for
more than 20 years driving tractor-trailer combinations and straight
trucks. He has a history of amblyopia in his right eye. Mr. Krone has
20/20 vision in his left eye with correction. In the optometrist's
opinion, Mr. Krone ``has sufficient vision to perform driving tasks
required to operate a commercial vehicle.'' Mr. Krone holds an Illinois
CDL. He has driven commercial vehicles more than 1.2 million miles. His
official driving record for the past 3 years reflects no traffic
violations and no accidents in any vehicle.
19. James F. Laverdure
Mr. Laverdure, 51, has amblyopia in his right eye. A 1999 medical
report indicates Mr. Laverdure's best corrected vision is 20/20 in the
left eye. The optometrist states, ``Since Mr. Laverdure has been a
commercial truck driver for many years, I see no medical reason why he
would not have sufficient vision to continue to operate a commercial
vehicle.''
He has driven straight trucks for 28 years and tractor-trailer
combination vehicles for 15 years, accumulating more than 2 million
miles. Mr.
[[Page 68198]]
Laverdure holds a Wyoming CDL and his driving record for the past 3
years reflects no traffic violations and no accidents in any vehicle.
20. Christopher P. Lefler
Mr. Lefler, 29, has amblyopia in his right eye. A 1999 examination
revealed Mr. Lefler has 20/20 uncorrected vision in his left eye.
According to the optometrist, Mr. Lefler has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.
Christopher Lefler holds an Arizona CDL with a tank vehicles
endorsement. He has driven tractor-trailer combination vehicles for 5
years and over 125,000 miles and straight trucks for 1 year and 25,000
miles. There is one accident in a commercial vehicle on his official
driving record in the past 3 years. Mr. Lefler was stopped when the
vehicle on his right attempted to change lanes and collided with the
front end of his vehicle. He was issued two citations for non-moving
violations--failure to carry registration and proof of insurance. The
other driver was at fault and received a citation for failure to stay
in lane/unsafe lane change. No moving violations in a commercial
vehicle in the last 3 years were found on Mr. Lefler's driving record.
21. David R. Linzy
Mr. Linzy, 50, has amblyopia. He has 20/20 vision in his right eye
with correction and full horizontal field of vision. An ophthalmologist
examined him in 1999 and stated ``Mr. Linzy can safely drive a
commercial truck with side mirrors.''
David Linzy has 33 years of experience operating straight trucks
and 28 years of experience operating tractor-trailer combinations,
accumulating more than 2.8 million miles. He holds a Kentucky Class DA
OPR/CDL license which requires his CMV to have side mirrors. His
official State driving record contains one weather-related accident in
a commercial vehicle in which Mr. Linzy slid off the road under icy
conditions. No citation was issued in the incident. The driving record
also shows 2 non-serious speeding violations in a commercial vehicle in
1996.
22. Richard Joseph Madler
Mr. Madler, 33, has been blind in his right eye since he was 9
years old. A 1999 medical examination indicates he has 20/15 corrected
vision in his left eye. In the optometrist's opinion, ``Mr. Madler
possesses sufficient vision to perform the driving tasks required to
operate a commercial vehicle.''
Richard Madler holds a Montana CDL with hazardous materials and
tank vehicles endorsements. He has operated straight trucks for 17
years and tractor-trailer combinations for 9 years for approximately
one million miles. His official State driving record reflects no moving
violations and no accidents in any vehicle in the last 3 years.
23. Earl E. Martin
Mr. Martin, 29, has amblyopia of the left eye. A 1999 examination
by an optometrist revealed the corrected vision in his right eye to be
20/15. The optometrist stated Mr. Martin ``has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Martin holds a Virginia CDL. He has operated straight trucks
for 7 years and 350,000 miles and tractor-trailer combination vehicles
for 6 months. His official State driving record reflects no traffic
citations and no accidents in any vehicle for the past 3 years.
24. David P. McCabe
Mr. McCabe, 41, has operated straight trucks for 8\1/2\ years. He
suffered a traumatic injury to his right eye which resulted in
``counting finger vision'' in that eye.
He is, therefore, unable to meet the vision requirement in 49 CFR
391.41(b)(10). A 1999 examination by an ophthalmologist reveals Mr.
McCabe has 20/15 vision in his left eye. In the ophthalmologist's
opinion, Mr. McCabe has sufficient vision to operate a CMV.
David P. McCabe holds a New Hampshire CDL. He has driven straight
trucks for over 380,000 miles, and his official driving record for the
past 3 years reveals no accidents and no traffic violations in a
commercial vehicle.
25. Richard John McKenzie, Jr.
Mr. McKenzie, 36, has amblyopia in his right eye. A 1999
examination by an ophthalmologist revealed the vision in his left eye
to be 20/20. The optometrist stated ``Mr. McKenzie undoubtedly has
sufficient vision to perform the driving tasks required to operate a
commercial motor vehicle.''
Mr. McKenzie holds a Maryland CDL. He has operated straight trucks
for 18 years for 218,000 miles. His official State driving record
reflects no traffic citations and no accidents for the past 3 years.
26. Kenneth R. Piechnik
Mr. Piechnik, 51, has amblyopia in his left eye. An optometrist
examined Mr. Piechnik in 1999, and found his best corrected vision in
the right eye is 20/20. The optometrist states that Mr. Piechnik has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.
Kenneth Piechnik has operated tractor-trailer combinations for 19
years and approximately 1.9 million miles and straight trucks for 7
years and approximately 175,000 miles. He holds a Missouri CDL. His
official driving record for the past 3 years reflects no citations or
accidents in any vehicle.
27. Tommy L. Ray, Jr.
Mr. Ray, 26, suffered a severe injury to his right eye in 1993
leaving ``light perception only'' vision in that eye. According to a
1999 examination, the vision in his left eye is 20/20 without
correction. His optometrist says Mr. Ray has sufficient vision to
perform the tasks necessary to operate a CMV.
Mr. Ray holds an Alabama CDL. He has 5 years' experience driving
straight trucks over 140,000 miles. His official State driving record
contains no traffic violations and no accidents in any vehicle in the
past 3 years.
28. William A. Reyes
Mr. Reyes, 39, suffered trauma to his left eye in 1984 and wears a
prosthesis. Vision in the right eye is 20/20 corrected, according to a
1999 examination. His ophthalmologist states, ``Mr. Reyes has
sufficient vision in his right eye to drive a commercial vehicle if the
appropriate regulatory agency allows an individual with monocular (one
eye) vision to drive a commercial vehicle.''
William Reyes has a Florida CDL. He has 19 years experience
operating tractor-trailer combinations and has driven CMVs nearly 1
million miles. His official State driving record reveals one traffic
citation in a CMV for violation of a traffic control device and no
accidents in any vehicle in the past 3 years.
29. Carl A. Sigg
Mr. Sigg, 30, has amblyopia of the right eye. Because of this eye
condition, Mr. Sigg is unable to meet the Federal vision requirement.
He has 20/15 vision in his left eye, according to a 1999 examination.
In his optometrist's opinion, Mr. Sigg has sufficient vision to be
``certifiable for driving a commercial vehicle without any
restrictions.''
Carl A. Sigg holds a New York CDL. He has been a professional truck
driver for 8 years operating straight trucks and approximately 576,000
miles. His official State driving record contains no moving violations
and no accidents in any vehicle in the last 3 years.
[[Page 68199]]
30. Sammy D. Steinsultz
Mr. Steinsultz, 52, has been employed as a commercial truck driver
for 35 years driving straight trucks and 4 years driving tractor-
trailer combination vehicles. According to his optometrist, Mr.
Steinsultz has a prosthetic right eye as the result of an accident in
1976. As a result, he cannot meet the vision requirement of 49 CFR
391.41(b)(10).
A March 1999 medical report indicates Mr. Steinsultz's best
corrected vision is 20/20 in the left eye. The optometrist states, ``I
see no visual reason for him [Mr. Steinsultz] not to be able to very
safely operate a commercial vehicle.''
He has driven straight trucks for more than 70,000 miles and
tractor-trailer combinations for over 360,000 miles. Mr. Steinsultz
holds an Illinois CDL, and his driving record for the past 3 years
reflects no traffic violations and no accidents in a commercial
vehicle.
31. Edward J. Sullivan
Mr. Sullivan, 57, suffered trauma to his right eye in 1978. A 1999
examination indicates the best corrected vision in his left eye is 20/
15. His optometrist says, ``In my opinion, Mr. Sullivan has more than
sufficient vision to operate a commercial vehicle.''
Mr. Sullivan has a New Hampshire CDL. He has driven straight trucks
and tractor-trailer combinations for 40 years. He has driven straight
trucks over 1.2 million miles and tractor-trailer combinations over
400,000 miles. His official State driving record for the past 3 years
contains no traffic violations and no accidents in any vehicle.
32. John C. Vantaggi
Mr. Vantaggi, 49, has had a prosthetic right eye since the age of 9
as the result of an accident. A 1999 examination indicates the best
corrected vision in his left eye is 20/20. His optometrist says that
his ``vision is stable and has sufficient vision to operate a
commercial vehicle with dual mirrors.''
Mr. Vantaggi has a Pennsylvania CDL with hazardous materials and
tank vehicles endorsements and a requirement for dual mirrors. He has
driven straight trucks for 15 years and tractor-trailer combinations
for 16 years, accumulating over 880,000 miles. His official State
driving record for the past 3 years contains no traffic violations and
no accidents in a CMV.
33. Winston Eugene White
Mr. White, 34, suffered trauma in his left eye over 15 years ago. A
1999 medical examination indicates that he has 20/20 acuity in his
right eye and light perception in his left eye. According to his
ophthalmologist, ``the visual condition is stable and has not impaired
Winston's ability to operate a commercial vehicle over the last fifteen
years and I don't think he will have problems in the future.''
Mr. White has driven straight trucks for 9 years and over 450,000
miles, tractor trailer combination vehicles for 9 years and 450,000
miles and buses for 1 year and 4,000 miles.
He holds a Georgia CDL, and a review of his State driving record
indicates no moving violations and no accidents in any vehicle in the
last 3 years.
34. Turgut T. Yilmaz
Mr. Yilmaz, 33, has poor vision in his right eye secondary to a
failed corneal transplant performed in 1994 after trauma. A 1999
medical examination indicates he has 20/20 vision in his left eye with
correction. In the ophthalmologist's opinion, Mr. Yilmaz has sufficient
vision to operate a CMV.
Turgut Yilmaz holds a New York CDL with hazardous materials and
tank vehicles endorsements. He has driven tractor-trailer combinations
more than 990,000 miles over the last 11 years, and his official
driving record for the past 3 years contains no accidents and one
speeding violation 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 34 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 OMCS 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 OMCS 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 OMCS. 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 OMCS 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 OMCS is
requesting public comment from all interested persons on the exemption
petitions and the matters discussed in this notice. All
[[Page 68200]]
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 OMCS may issue exemptions
from the vision requirement to the 34 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 OMCS
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. 322, 31136 and 31315; 49 CFR 1.73.
Issued on: November 29, 1999.
Julie Anna Cirillo,
Acting Director, Office of Motor Carrier Safety.
[FR Doc. 99-31447 Filed 12-3-99; 8:45 am]
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