Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Notices 541 

Payne to be visually able to safely 

operate a commercial motor vehicle.’’ 

Ms. Payne reported that she has driven 

straight trucks for 12 years, 

accumulating 57,600 miles. She holds a 

Class D operator’s license from 

Kentucky. Her driving record for the last 

3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Michael C. Reese 

Mr. Reese, 46, has had amblyopia in 

his right eye since childhood. The best 

corrected visual acuity in his right eye 

is 20/400 and in his left eye, 20/20. 

Following an examination in 2011, his 

optometrist noted, ‘‘In my opinion, you 

have sufficient vision to perform the 

driving taks required to operate a 

commercial vehicle.’’ Mr. Reese 

reported that he has driven tractortrailer combinations for 15 years, 

accumulating 61,500 miles. He holds a 

Class A CDL from Georgia. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Mark C. Reineke 

Mr. Reineke, 60, has had macular 

scarring in his left eye due to a 

traumatic injury sustained in 1981. The 

best corrected visual acuity his right eye 

is 20/25 and in his left eye is fingercount vision. Following an examination 

in 2011, his ophthalmologist noted, ‘‘I 

believe Mr. Reineke to have sufficient 

vision to operate a commercial vehicle.’’ 

Mr. Reineke reported that he has 

driven straight trucks for 6 years, 

accumulating 18,000 miles and tractortrailer combinations for 4 years, 

accumulating 60,000 miles. He holds a 

Class A CDL from New Mexico. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Robert T. Reynolds 

Mr. Reynolds, 51, has had retinal vein 

occlusion in his right eye for the past 

five years. The best corrected visual 

acuity in his right eye is 20/400 and in 

his left eye, 20/20. Following an 

examination in 2011, his 

ophthalmologist noted, ‘‘Due to the fact 

your vision is stable, I believe you have 

sufficient vision to perform you job as 

a commercial vehicle operator.’’ Mr. 

Reynolds reported that he has driven 

straight trucks for 23 years, 

accumulating 3.4 million miles and 

tractor-trailer combinations for 5 years 

accumulating 1 million miles. He holds 

a Class D operator’s license from Ohio. 

His driving record for the last 3 years 

shows no crashes and no convictions in 

a CMV. 

Lawrence D. Ventimiglia 

Mr. Ventimiglia, 46, has had reduced 

vision in his right eye since birth. The 

best corrected visual acuity in his right 

eye is count-finger vision and in his left 

eye, 20/25. Following an examination in 

2011, his optometrist noted, ‘‘I certify 

that Larry has sufficient vision to 

perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Ventimiglia reported that he has driven 

straight trucks for less than 3 years, 

accumulating about 31,200 miles. He 

holds a Class A CDL from Nevada. His 

driving record for the last 3 years shows 

no crashes and no convictions in a 

CMV. 

Chadwick L. Wyatt 

Mr. Wyatt, 34, has had a central 

corneal scar in his left eye since 

childhood. The best corrected visual 

acuity in his right eye is 20/20 and in 

his left eye, 20/100. Following an 

examination in 2011, his optometrist 

noted, ‘‘Patient can recognize traffic 

control colors and has sufficient vision 

to operate a commercial vehicle.’’ Mr. 

Wyatt reported that he has driven 

straight trucks for 21⁄2 years, 

accumulating 137,500 miles and tractortrailer combinations for 21⁄2 years, 

accumulating 137,500 miles. He holds a 

Class A CDL from North Carolina. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Request for Comments 

In accordance with 49 U.S.C. 31136(e) 

and 31315, FMCSA requests public 

comment from all interested persons on 

the exemption petitions described in 

this notice. The Agency will consider all 

comments received before the close of 

business February 6, 2012. Comments 

will be available for examination in the 

docket at the location listed under the 

ADDRESSES section of this notice. The 

Agency will file comments received 

after the comment closing date in the 

public docket, and will consider them to 

the extent practicable. 

In addition to late comments, FMCSA 

will also continue to file, in the public 

docket, relevant information that 

becomes available after the comment 

closing date. Interested persons should 

monitor the public docket for new 

material. 

Issued on: December 22, 2011. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2011–33788 Filed 1–4–12; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2011–0298] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to exempt seven individuals 

from the vision requirement in the 

Federal Motor Carrier Safety 

Regulations (FMCSRs). The exemptions 

will enable these individuals to operate 

commercial motor vehicles (CMVs) in 

interstate commerce without meeting 

the prescribed vision requirement. The 

Agency has concluded that granting 

these exemptions will provide a level of 

safety that is equivalent to or greater 

than the level of safety maintained 

without the exemptions for these CMV 

drivers. 

DATES: The exemptions are effective 

January 5, 2012. The exemptions expire 

on January 5, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Elaine M. Papp, Chief, Medical 

Programs Division, (202) 366–4001, 

fmcsamedical@dot.gov, FMCSA, 

Department of Transportation, 1200 

New Jersey Avenue SE., Room W64– 

224, Washington, DC 20590–0001. 

Office hours are from 8:30 a.m. to 5 p.m. 

Monday through Friday, except Federal 

holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

You may see all the comments online 

through the Federal Document 

Management System (FDMS) at http:// 

www.regulations.gov. 

Docket: For access to the docket to 

read background documents or 

comments, go to http:// 

www.regulations.gov at any time or 

Room W12–140 on the ground level of 

the West Building, 1200 New Jersey 

Avenue SE., Washington, DC, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The 

FDMS is available 24 hours each day, 

365 days each year. If you want 

acknowledgment that we received your 

comments, please include a selfaddressed, stamped envelope or 

postcard or print the acknowledgement 

page that appears after submitting 

comments on-line. 

Privacy Act: Anyone may search the 

electronic form of all comments 

received into any of our dockets by the 


emcdonald on DSK5VPTVN1PROD with NOTICES
542 Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Notices 

name of the individual submitting the 

comment (or of the person signing the 

comment, if submitted on behalf of an 

association, business, labor union, etc.). 

You may review DOT’s Privacy Act 

Statement for the FDMS published in 

the Federal Register on January 17, 

2008 (73 FR 3316), or you may visit 

http://edocket.access.gpo.gov/2008/pdf/ 

E8-785.pdf. 

Background 

On November 10, 2011, FMCSA 

published a notice of receipt of 

exemption applications from certain 

individuals, and requested comments 

from the public (76 FR 70213). That 

notice listed seven applicants’ case 

histories. The seven individuals applied 

for exemptions from the vision 

requirement in 49 CFR 391.41(b)(10), for 

drivers who operate CMVs in interstate 

commerce. 

Under 49 U.S.C. 31136(e) and 31315, 

FMCSA may grant an exemption for a 

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.’’ The statute 

also allows the Agency to renew 

exemptions at the end of the 2-year 

period. Accordingly, FMCSA has 

evaluated the seven applications on 

their merits and made a determination 

to grant exemptions to each of them. 

Vision and Driving Experience of the 

Applicants 

The vision requirement in the 

FMCSRs provides: 

A person is physically qualified to 

drive a commercial motor vehicle if that 

person has distant visual acuity of at 

least 20/40 (Snellen) in each eye 

without corrective lenses or visual 

acuity separately corrected to 20/40 

(Snellen) or better with corrective 

lenses, distant binocular acuity of a least 

20/40 (Snellen) in both eyes with or 

without corrective lenses, field of vision 

of at least 70° in the horizontal meridian 

in each eye, and the ability to recognize 

the colors of traffic signals and devices 

showing requirement red, green, and 

amber (49 CFR 391.41(b)(10)). 

FMCSA recognizes that some drivers 

do not meet the vision requirement, but 

have adapted their driving to 

accommodate their vision limitation 

and demonstrated their ability to drive 

safely. The seven exemption applicants 

listed in this notice are in this category. 

They are unable to meet the vision 

requirement in one eye for various 

reasons, including retinopathy, 

prosthesis, central scaring, amblyopia, 

melanoma and completely detached 

retina. In most cases, their eye 

conditions were not recently developed. 

Three of the applicants were either born 

with their vision impairments or have 

had them since childhood. The four 

individuals sustained their vision 

conditions as an adult and have had 

them for a period of five to twenty seven 

years. 

Although each applicant has one eye 

which does not meet the vision 

requirement in 49 CFR 391.41(b)(10), 

each has at least 20/40 corrected vision 

in the other eye, and in a doctor’s 

opinion, has sufficient vision to perform 

all the tasks necessary to operate a CMV. 

Doctors’ opinions are supported by the 

applicants’ possession of valid 

commercial driver’s licenses (CDLs) or 

non-CDLs to operate CMVs. Before 

issuing CDLs, States subject drivers to 

knowledge and skills tests designed to 

evaluate their qualifications to operate a 

CMV. 

All of these applicants satisfied the 

testing requirements for their State of 

residence. By meeting State licensing 

requirements, the applicants 

demonstrated their ability to operate a 

commercial vehicle, with their limited 

vision, to the satisfaction of the State. 

While possessing a valid CDL or nonCDL, these seven drivers have been 

authorized to drive a CMV in intrastate 

commerce, even though their vision 

disqualified them from driving in 

interstate commerce. They have driven 

CMVs with their limited vision for 

careers ranging from 5 to 50 years. In the 

past 3 years, none of the drivers were 

involved in crashes, and one was 

convicted of a moving violation in a 

CMV. 

The qualifications, experience, and 

medical condition of each applicant 

were stated and discussed in detail in 

the November 10, 2011 notice (76 FR 

70213). 

Basis for Exemption Determination 

Under 49 U.S.C. 31136(e) and 31315, 

FMCSA may grant an exemption from 

the vision requirement in 49 CFR 

391.41(b)(10) if the exemption is likely 

to achieve an equivalent or greater level 

of safety than would be achieved 

without the exemption. Without the 

exemption, applicants will continue to 

be restricted to intrastate driving. With 

the exemption, applicants can drive in 

interstate commerce. Thus, our analysis 

focuses on whether an equal or greater 

level of safety is likely to be achieved by 

permitting each of these drivers to drive 

in interstate commerce as opposed to 

restricting him or her to driving in 

intrastate commerce. 

To evaluate the effect of these 

exemptions on safety, FMCSA 

considered the medical reports about 

the applicants’ vision as well as their 

driving records and experience with the 

vision deficiency. 

To qualify for an exemption from the 

vision requirement, FMCSA requires a 

person to present verifiable evidence 

that he/she has driven a commercial 

vehicle safely with the vision deficiency 

for the past 3 years. Recent driving 

performance is especially important in 

evaluating future safety, according to 

several research studies designed to 

correlate past and future driving 

performance. Results of these studies 

support the principle that the best 

predictor of future performance by a 

driver is his/her past record of crashes 

and traffic violations. Copies of the 

studies may be found at Docket Number 

FMCSA–1998–3637. 

We believe we can properly apply the 

principle to monocular drivers, because 

data from the Federal Highway 

Administration’s (FHWA) former waiver 

study program clearly demonstrate the 

driving performance of experienced 

monocular drivers in the program is 

better than that of all CMV drivers 

collectively (See 61 FR 13338, 13345, 

March 26, 1996). The fact that 

experienced monocular drivers 

demonstrated safe driving records in the 

waiver program supports a conclusion 

that other monocular drivers, meeting 

the same qualifying conditions as those 

required by the waiver program, are also 

likely to have adapted to their vision 

deficiency and will continue to operate 

safely. 

The first major research correlating 

past and future performance was done 

in England by Greenwood and Yule in 

1920. Subsequent studies, building on 

that model, concluded that crash rates 

for the same individual exposed to 

certain risks for two different time 

periods vary only slightly (See Bates 

and Neyman, University of California 

Publications in Statistics, April 1952). 

Other studies demonstrated theories of 

predicting crash proneness from crash 

history coupled with other factors. 

These factors—such as age, sex, 

geographic location, mileage driven and 

conviction history—are used every day 

by insurance companies and motor 

vehicle bureaus to predict the 

probability of an individual 

experiencing future crashes (See Weber, 

Donald C., ‘‘Accident Rate Potential: An 

Application of Multiple Regression 

Analysis of a Poisson Process,’’ Journal 

of American Statistical Association, 

June 1971). A 1964 California Driver 

Record Study prepared by the California 

Department of Motor Vehicles 

concluded that the best overall crash 

predictor for both concurrent and 

nonconcurrent events is the number of 


emcdonald on DSK5VPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Notices 543 

single convictions. This study used 3 

consecutive years of data, comparing the 

experiences of drivers in the first 2 years 

with their experiences in the final year. 

Applying principles from these 

studies to the past 3-year record of the 

seven applicants, none of the applicants 

were involved in crashes, and one was 

convicted of a moving violation in a 

CMV; failure to stop at a traffic signal. 

All the applicants achieved a record of 

safety while driving with their vision 

impairment, demonstrating the 

likelihood that they have adapted their 

driving skills to accommodate their 

condition. As the applicants’ ample 

driving histories with their vision 

deficiencies are good predictors of 

future performance, FMCSA concludes 

their ability to drive safely can be 

projected into the future. 

We believe that the applicants’ 

intrastate driving experience and history 

provide an adequate basis for predicting 

their ability to drive safely in interstate 

commerce. Intrastate driving, like 

interstate operations, involves 

substantial driving on highways on the 

interstate system and on other roads 

built to interstate standards. Moreover, 

driving in congested urban areas 

exposes the driver to more pedestrian 

and vehicular traffic than exists on 

interstate highways. Faster reaction to 

traffic and traffic signals is generally 

required because distances between 

them are more compact. These 

conditions tax visual capacity and 

driver response just as intensely as 

interstate driving conditions. The 

veteran drivers in this proceeding have 

operated CMVs safely under those 

conditions for at least 3 years, most for 

much longer. Their experience and 

driving records lead us to believe that 

each applicant is capable of operating in 

interstate commerce as safely as he/she 

has been performing in intrastate 

commerce. Consequently, FMCSA finds 

that exempting these applicants from 

the vision requirement in 49 CFR 

391.41(b)(10) is likely to achieve a level 

of safety equal to that existing without 

the exemption. For this reason, the 

Agency is granting the exemptions for 

the 2-year period allowed by 49 U.S.C. 

31136(e) and 31315 to the seven 

applicants listed in the notice of 

November 10, 2011 (76 FR 70213). 

We recognize that the vision of an 

applicant may change and affect his/her 

ability to operate a CMV as safely as in 

the past. As a condition of the 

exemption, therefore, FMCSA will 

impose requirements on the seven 

individuals consistent with the 

grandfathering provisions applied to 

drivers who participated in the 

Agency’s vision waiver program. 

Those requirements are found at 49 

CFR 391.64(b) and include the 

following: 

(1) That each individual be physically 

examined every year (a) by an 

ophthalmologist or optometrist who 

attests that the vision in the better eye 

continues to meet the requirement in 49 

CFR 391.41(b)(10), and (b) by a medical 

examiner who attests that 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 the employer for 

retention in the driver’s qualification 

file, or keep a copy in his/her driver’s 

qualification file if he/she is selfemployed. The driver must also have a 

copy of the certification when driving, 

for presentation to a duly authorized 

Federal, State, or local enforcement 

official. 

Discussion of Comments 

FMCSA received no comments in this 

proceeding. 

Conclusion 

Based upon its evaluation of the seven 

exemption applications, FMCSA 

exempts Adam O. Carson (MS), Michael 

P. Eisenreich (MN), Carlton G. Frank 

(FL), Roger W. Hammock (AL), John T. 

Thor (MN), George Ulferts (IA) and 

Donald F. Wilton (CA) from the vision 

requirement in 49 CFR 391.41(b)(10), 

subject to the requirements cited above 

(49 CFR 391.64(b)). 

In accordance with 49 U.S.C. 31136(e) 

and 31315, each exemption will be valid 

for 2 years unless revoked earlier by 

FMCSA. 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. 31136 and 31315. 

If the exemption is still effective at the 

end of the 2-year period, the person may 

apply to FMCSA for a renewal under 

procedures in effect at that time. 

Issued on: December 22, 2011. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2011–33787 Filed 1–4–12; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2009–0303] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of renewal of 

exemptions; request for comments. 

SUMMARY: FMCSA announces its 

decision to renew the exemptions from 

the vision requirement in the Federal 

Motor Carrier Safety Regulations for 17 

individuals. FMCSA has statutory 

authority to exempt individuals from 

the vision requirement if the 

exemptions granted will not 

compromise safety. The Agency has 

concluded that granting these 

exemption renewals will provide a level 

of safety that is equivalent to or greater 

than the level of safety maintained 

without the exemptions for these 

commercial motor vehicle (CMV) 

drivers. 

DATES: This decision is effective January 

28, 2012. Comments must be received 

on or before February 6, 2012. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) numbers: FMCSA– 

2009–0303, using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC, between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. 

• Fax: 1–(202) 493–2251. 

Instructions: Each submission must 

include the Agency name and the 

docket number for this notice. Note that 

DOT posts all comments received 

without change to http:// 

www.regulations.gov, including any 

personal information included in a 

comment. Please see the Privacy Act 

heading below. 

Docket: For access to the docket to 

read background documents or 

comments, go to http:// 

www.regulations.gov at any time or 

Room W12–140 on the ground level of 


emcdonald on DSK5VPTVN1PROD with NOTICES