15584 Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Notices 

relation to a moving violation. 

Applicants do not qualify for an 

exemption with a suspension during the 

3-year period. 

Gary Alvarez 

Giovanni Cerino 

Robert O. Dolphin 

Todd Gilliam 

Paul H. Glowinski 

Ranjodh Singh 

Stephen Whitt 

One applicant, Robert D. Crumb, had 

2 serious commercial motor vehicle 

violations within a 3-year period. Each 

applicant is only allowed a total of 2 

moving violations, 1, which can be 

serious. 

One applicant, Charles H. Allen, did 

not have verifiable proof of commercial 

driving experience over the past 3 years 

under normal highway operating 

conditions that would serve as an 

adequate predictor of future safe 

performance. 

One applicant, Justin M. Pool, did not 

hold a license which allowed operation 

of vehicles over 10,000 pounds for all or 

part of the 3-year period. 

The following 9 applicants were 

denied for miscellaneous/multiple 

reasons. 

John P. Atkinson 

Randy S. Benitez 

Kevin Byrd 

Gary M. Eggers 

Bradley C. Hansell 

Randall E. Harnack 

Owen E. Jackson 

Valentino Parker 

Dustin A. Wilson 

The following 4 applicants never 

submitted the required documents. 

James R. Blair 

Charles V. Fitzgerald 

Herman Gray 

Norman Patterson 

Finally, the following 13 applicants 

met the current federal vision standards. 

Exemptions are not required for 

applicants that meet the current 

regulations for vision. 

Jose F. Armenta 

Carlos R. Cordova 

Frederick L. Feyen 

Kenneth A. Keen 

Diana L. Martin 

Freddie B. Mills 

James W. Mize, Sr. 

James A. Shearin 

Oliver Smith 

Kenneth L. Sutphin 

Kenneth C. Thornton 

Edward Werling 

Leroy C. Williams 

Issued on: March 27, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–7560 Filed 4–3–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket ID. FMCSA–2008–0398] 

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. 

DATES: The exemptions are effective 

April 6, 2009. The exemptions expire on 

April 6, 2011. 

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://Docketsinfo.dot.gov. 

Background 

On February 12, 2009, FMCSA 

published a notice of receipt of 

exemption applications from certain 

individuals, and requested comments 

from the public (74 FR 7098). 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 


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Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Notices 15585 

unable to meet the vision standard in 

one eye for various reasons, including 

amblyopia, prosthesis, optic nerve 

hypoplasia, macular dystrophy, retinal 

vein occlusion, Ischemic optic atrophy, 

toxoplasmosis chorioretinopathy and 

loss of vision due to trauma. In most 

cases, their eye conditions were not 

recently developed. All but 6 of the 

applicants were either born with their 

vision impairments or have had them 

since childhood. The 6 individuals who 

sustained their vision conditions as 

adults have had them for periods 

ranging from 4 to 36 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 31⁄2 to 45 years. In 

the past 3 years, five of the drivers had 

convictions for traffic violations and 

three of the drivers were involved in 

crashes. 

The qualifications, experience, and 

medical condition of each applicant 

were stated and discussed in detail in 

the February 12, 2009 notice (74 FR 

7098). 

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 

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, four of the applicants had 

traffic violations for speeding, one of the 

applicants had a traffic violation for 

improperly following another vehicle, 

and three of the applicants were 

involved in crashes. 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 February 12, 2009 

(74 FR 7098). 

We recognize that the vision of an 

applicant may change and affect his/her 


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15586 Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Notices 

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 four comments in 

this proceeding. The comments were 

considered and discussed below. 

Three of the comments received were 

in favor of granting the Federal vision 

exemption to Mr. Forrest L. Wright. The 

fourth comment, from an anonymous 

individual, was in favor of the Federal 

Vision Program and was of the opinion 

that the current Federal Vision standard 

should be changed and updated. 

In response to the fourth comment, 

Congress established a Medical Review 

Board (MRB) to provide FMCSA with 

advice and recommendations on 

medical standards and guidelines for 

the physical qualifications of CMV 

drivers [49 U.S.C. 31149(a)]. The 

Agency is currently evaluating the 

MRB’s recommendations regarding the 

current vision standard; the opinions of 

medical research panels; and evidence 

reports related to vision. 

Conclusion 

Based upon its evaluation of the 33 

exemption applications, FMCSA 

exempts James M. Andrews, Michael L. 

Ayers, Todd J. Berglund, Sr., George M. 

Callahan, William D. Cardiff, Paul V. 

DaLuisio, Richard DiStaola, Tracy A. 

Doty, Vincent C. Durazzo, Jr., Matthew 

A. Ericson, Breck L. Falcon, Charles W. 

Hillyer, Stephen R. Jackson, Wesley J. 

Jenkins, Richard H. Johnson, Darrel R. 

Martin, James W. McGhee, Felix L. 

McLean, James P. Mittlefehldt, Robert E. 

Morrison, Pahl M. Olson, Craig P. 

Osborn, Jeremy L. Perry, Wayne G. 

Resch, Brad E. Robrock, James L. 

Rooney, James E. Russell, Robert C. 

Sellers, Jr., James A. Smith, Richard 

Sturk, Wayne A. Whitehead, Charles F. 

Wotring, and Forrest L. Wright 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: March 27, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–7562 Filed 4–3–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–1999–5578; FMCSA– 

2000–8398; FMCSA–2002–13411; FMCSA– 

2004–17984; FMCSA–2004–19477; FMCSA– 

2005–20027; FMCSA–2006–26066; FMCSA– 

2006–25246; FMCSA–2007–27333] 

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 22 

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 May 7, 

2009. Comments must be received on or 

before May 6, 2009. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket ID FMCSA– 

1999–5578; FMCSA–2000–8398; 

FMCSA–2002–13411; FMCSA–2004– 

17984; FMCSA–2004–19477; FMCSA– 

2005–20027; FMCSA–2006–26066; 

FMCSA–2006–25246; FMCSA–2007– 

27333, 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. 

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 

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 


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