9482 Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Notices 

tasks required to operate a commercial 

vehicle.’’ Mr. Postell reported that he 

has driven straight trucks for 22 years, 

accumulating 704,000 miles and tractortrailer combinations for 21 years, 

accumulating 735,000 miles. He holds a 

Class A CDL from Georgia. His driving 

record for the last 3 years shows no 

crashes and one conviction for a moving 

violation in a CMV, failure to stay in the 

proper lane. 

Martin L. Reyes 

Mr. Reyes, 45, has retinal scarring in 

his left eye. The best corrected visual 

acuity in his right eye is 20/20 and in 

his left eye, 20/200. Following an 

examination in 2009, his 

ophthalmologist noted, ‘‘In my 

professional opinion he has adapted 

well to his vision deficit and I feel 

professionally that he should be able to 

perform all his duties as an electrician, 

including working at heights and 

driving a commercial vehicle without 

any problems.’’ Mr. Reyes reported that 

he has driven straight trucks for 17 

years, accumulating 297,500 miles. He 

holds a Class A CDL from Illinois. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Gerald L. Rush, Jr. 

Mr. Rush, 50, has a prosthetic left eye 

due to a traumatic injury sustained in 

1989. The best corrected visual acuity in 

his right eye is 20/30. Following an 

examination in 2009, his optometrist 

noted, ‘‘In my medical opinion, the 

patient has sufficient vision to perform 

the driving tasks required to operate a 

commercial vehicle.’’ Mr. Rush reported 

that he has driven straight trucks for 29 

years, accumulating 1.2 million miles. 

He holds a Class B CDL from New 

Jersey. His driving record for the last 3 

years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Wayne J. Savage 

Mr. Savage, 46, has had amblyopia in 

his left eye since childhood. The best 

corrected visual acuity in his right eye 

is 20/15 and in his left eye, 20/200. 

Following an examination in 2009, his 

optometrist noted, ‘‘In my opinion, Mr. 

Savage certainly has sufficient vision to 

perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Savage reported that he has driven 

straight trucks for 20 years, 

accumulating 800,000 miles. He holds a 

Class B CDL from Virginia. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Gary F. Segur 

Mr. Segur, 53, has a prosthetic right 

eye due to a traumatic injury sustained 

in 2004. The best corrected visual acuity 

in his left eye is 20/20. Following an 

examination in 2009, his optometrist 

noted, ‘‘I believe that Mr. Segur has 

suitable vision to drive a commercial 

vehicle.’’ Mr. Segur reported that he has 

driven straight trucks for 37 years, 

accumulating 925,000 miles, tractortrailer combinations for 35 years, 

accumulating 1.7 million miles, and 

buses for 3 years, accumulating 42,000 

miles. He holds a Class A CDL from 

Michigan. His driving record for the last 

3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Alan T. Watterson 

Mr. Watterson, 58, has a prosthetic 

right eye due to a traumatic injury 

sustained 30 years ago. The best 

corrected visual acuity in his left eye is 

20/20. Following an examination in 

2009, his ophthalmologist noted, ‘‘In my 

medical opinion, he has sufficient 

vision to perform the driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Watterson reported that he 

has driven straight trucks for 33 years, 

accumulating 990,000 miles and tractortrailer combinations for 33 years, 

accumulating 660,000 miles. He holds a 

Class A CDL from Massachusetts. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

David E. Williford 

Mr. Williford, 61, has had amblyopia 

in his left eye since childhood. The best 

corrected visual acuity in his right eye 

is 20/20 and in his left eye, 20/50. 

Following an examination in 2009, his 

optometrist noted, ‘‘In my medical 

opinion, Mr. Williford has sufficient 

visual acuity, color vision and 

peripheral vision to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Williford reported that he 

has driven straight trucks for 4 years, 

accumulating 320,000 miles and tractortrailer combinations for 1 year, 

accumulating 80,000 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. 

Larry W. Winkler 

Mr. Winkler, 59, has a prosthetic left 

eye due to a traumatic injury sustained 

in 1997. The best corrected visual acuity 

in his right eye is 20/20. Following an 

examination in 2009, his optometrist 

noted, ‘‘In my medical opinion, Larry 

Winkler is stable with no anticipated 

changes. He has sufficient vision to 

operate a commercial vehicle.’’ Mr. 

Winkler reported that he has driven 

straight trucks for 261⁄2 years, 

accumulating 715,500 miles. He holds a 

Class A CDL from Missouri. 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 April 1, 2010. 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: February 22, 2010. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. 2010–4257 Filed 3–1–10; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket ID FMCSA–2009–0321] 

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 33 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 standard. 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. 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES

Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Notices 9483 

DATES: The exemptions are effective 

March 2, 2010. The exemptions expire 

on March 2, 2012. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Mary D. Gunnels, Director, Medical 

Programs, (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 

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 the DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(65 FR 19476). This information is also 

available at http://www.regulations.gov. 

Background 

On January 13, 2010, FMCSA 

published a notice of receipt of 

exemption applications from certain 

individuals, and requested comments 

from the public (75 FR 1835). That 

notice listed 33 applicants’ case 

histories. The 33 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 

33 applications on their merits and 

made a determination to grant 

exemptions to all 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 standard red, green, and amber 

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

FMCSA recognizes that some drivers 

do not meet the vision standard, but 

have adapted their driving to 

accommodate their vision limitation 

and demonstrated their ability to drive 

safely. The 33 exemption applicants 

listed in this notice are in this category. 

They are unable to meet the vision 

standard in one eye for various reasons, 

including amblyopia, aphakia, corneal 

scarring, glaucoma, prosthesis, retinal 

detachment, macular scarring, cataract, 

and loss of vision due to trauma. In 

most cases, their eye conditions were 

not recently developed. All but 12 of the 

applicants were either born with their 

vision impairments or have had them 

since childhood. The 12 individuals 

who sustained their vision conditions as 

adults have had them for periods 

ranging from 6 to 42 years. 

Although each applicant has one eye 

which does not meet the vision standard 

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 these applicants satisfied the 

testing standards 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 33 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 3 to 53 years. In the 

past 3 years, five of the drivers had 

convictions for traffic violations. 

The qualifications, experience, and 

medical condition of each applicant 

were stated and discussed in detail in 

the January 13, 2010 notice (75 FR 

1835). 

Basis for Exemption Determination 

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

FMCSA may grant an exemption from 

the vision standard 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 not only the medical reports 

about the applicants’ vision, but also 

their driving records and experience 

with the vision deficiency. 

To qualify for an exemption from the 

vision standard, 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 

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9484 Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Notices 

waiver program supports a conclusion 

that other monocular drivers, meeting 

the same qualifying conditions as those 

required by the waiver program, are also 

likely to have adapted to their vision 

deficiency and will continue to operate 

safely. 

The first major research correlating 

past and future performance was done 

in England by Greenwood and Yule in 

1920. Subsequent studies, building on 

that model, concluded that crash rates 

for the same individual exposed to 

certain risks for two different time 

periods vary only slightly (See Bates 

and Neyman, University of California 

Publications in Statistics, April 1952). 

Other studies demonstrated theories of 

predicting crash proneness from crash 

history coupled with other factors. 

These factors—such as age, sex, 

geographic location, mileage driven and 

conviction history—are used every day 

by insurance companies and motor 

vehicle bureaus to predict the 

probability of an individual 

experiencing future crashes (See Weber, 

Donald C., ‘‘Accident Rate Potential: An 

Application of Multiple Regression 

Analysis of a Poisson Process,’’ Journal 

of American Statistical Association, 

June 1971). A 1964 California Driver 

Record Study prepared by the California 

Department of Motor Vehicles 

concluded that the best overall crash 

predictor for both concurrent and 

nonconcurrent events is the number of 

single convictions. This study used 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 

33 applicants, five of the applicants had 

a traffic violation for speeding. The 

applicants achieved this 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 standard 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 33 applicants 

listed in the notice of January 13, 2010 

(75 FR 1835). 

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 33 

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 standard 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 ten comments in 

this proceeding. The comments were 

considered and discussed below. 

Six of the comments received were all 

in favor of granting the Federal vision 

exemption to Daniel Cannon. Four of 

the comments received were all in favor 

of granting the Federal vision exemption 

to Andrew Fornsel. 

Conclusion 

Based upon its evaluation of the 33 

exemption applications, FMCSA 

exempts, Bradley T. Alspach, William 

M. Arbogast, John E. Cain, Terry A. 

Crites, Daniel M. Cannon, Eugene 

Contreras, Curtis J. Crowston, Jim L. 

Davis, Clifford W. Doran, Jr., Daniel W. 

Doshier, Charles L. Dunn, Andrew G. 

Fornsel, Jamie L. French, Archie C. 

Hillsman, Amos W. Hulsey, Guy A. 

Lanham, Glenn Lewis, James M. 

McCormick, Shane W. Mincey, Millard 

F. Neace, II, Frank L. Ortolani, Paul D. 

Prillaman, Scott A. Randol, Samuel E. 

Rees, Danny L. Rolfe, Miguel A. 

Sanchez, Dennis R. Schneider, Michael 

D. Stevens, Thomas G. Tomasiewicz, 

James E. Vickery, Billy R. Wilkey, James 

H. Williams, Jr. and Reginald J. 

Wuethrich 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 February 19, 2010. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. 2010–4256 Filed 3–1–10; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2005–23099] 

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 6 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES