Qualification of Drivers; Exemption Applications; Vision, 34564-34566 [2017-15571]
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34564
Federal Register / Vol. 82, No. 141 / Tuesday, July 25, 2017 / Notices
Institution and settlement of
administrative proceedings;
Adjudicatory matters; and
Other matters relating to enforcement
proceedings.
At times, changes in Commission
priorities require alterations in the
scheduling of meeting items.
For further information and to
ascertain what, if any, matters have been
added, deleted or postponed; please
contact Brent J. Fields from the Office of
the Secretary at (202) 551–5400.
Dated: July 20, 2017.
Brent J. Fields,
Secretary.
[FR Doc. 2017–15628 Filed 7–21–17; 1:00 pm]
BILLING CODE 8011–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Aircraft Certification Service
Organizational Changes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice.
AGENCY:
Dorenda D. Baker,
Executive Director, Aircraft Certification
Service.
This notice informs the
American public and aviation industry
of organizational changes in the Aircraft
Certification Service (AIR) of the FAA
Aviation Safety Office (AVS). AIR is
eliminating product directorates, and
will be composed of six functional
divisions: The Organizational
Performance Division (AIR–300), the
International Division (AIR–400), the
Policy and Innovation Division (AIR–
600), the Compliance and Airworthiness
Division (AIR–700), the System
Oversight Division (AIR–800) and the
Enterprise Operations Division (AIR–
900).
SUMMARY:
The
Organizational Performance Division
(AIR–300), Aircraft Certification
Service, Federal Aviation
Administration, 1200 District Avenue,
Burlington, MA 01803; telephone (781)
238–7101; email 9-AVS-AIR300@
faa.gov.
FOR FURTHER INFORMATION CONTACT:
AIR is
transitioning to a functionally aligned
organizational structure on July 23,
2017. AIR’s functional realignment will
establish an infrastructure that will
enable a comprehensive approach to
becoming more efficient and effective
known as ‘‘AIR Transformation.’’ As a
result of realignment, all product
directorates will be eliminated and
replaced with functional divisions.
Field offices will be realigned under
new routing codes, but will stay intact
mstockstill on DSK30JT082PROD with NOTICES
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
19:30 Jul 24, 2017
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and continue to provide the public the
same service they do today. For further
details on this reorganization, please
refer to https://www.faa.gov/about/
office_org/headquarters_offices/avs/
offices/air/transformation/ and https://
www.faa.gov/news/fact_sheets/news_
story.cfm?newsId=21315.
You can obtain more information on
the new AIR organization and the
responsibilities and functions of the AIR
divisions in FAA Order 8100.5C,
‘‘Aircraft Certification Service—
Organizational Structure and
Functions.’’ AIR also created a new
order, FAA Order 8100.18, ‘‘Aircraft
Certification Service Organizational
Realignment References,’’ to facilitate
the use of existing AIR policy and
guidance under the functionally aligned
organization. These orders are available
online at https://www.faa.gov/
regulations_policies/orders_notices/. All
AIR-issued advisory circulars, orders,
notices, and other guidance will remain
in effect until revised, changed, or
deleted.
[FR Doc. 2017–15573 Filed 7–24–17; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2017–0020]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of applications for
exemptions; request for comments.
AGENCY:
FMCSA announces receipt of
applications from 11 individuals for
exemption from the vision requirement
in the Federal Motor Carrier Safety
Regulations (FMCSRs) to operate a
commercial motor vehicle (CMV) in
interstate commerce. If granted, the
exemptions will enable these
individuals to operate CMVs in
interstate commerce without meeting
the vision requirement in one eye.
DATES: Comments must be received on
or before August 24, 2017.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2017–0020 using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
SUMMARY:
PO 00000
Frm 00093
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online 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: West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE., Washington,
DC, between 9 a.m. and 5 p.m., e.t.,
Monday through Friday, except Federal
Holidays.
• Fax: 1–202–493–2251.
Instructions: Each submission must
include the Agency name and the
docket numbers for this notice. Note
that all comments received will be
posted without change to https://
www.regulations.gov, including any
personal information provided. Please
see the Privacy Act heading below for
further information.
Docket: For access to the docket to
read background documents or
comments, go to https://
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., e.t., 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: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
rulemaking process. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to https://www.regulations.gov,
as described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, 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 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal
holidays. If you have questions
regarding viewing or submitting
material to the docket, contact Docket
Services, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
I. Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from
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Federal Register / Vol. 82, No. 141 / Tuesday, July 25, 2017 / Notices
the Federal Motor Carrier Safety
Regulations for a two-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.’’ FMCSA can renew
exemptions at the end of each two-year
period.
The 11 individuals listed in this
notice have each requested such an
exemption from the vision requirement
in 49 CFR 391.41(b)(10). Accordingly,
the Agency will evaluate the
qualifications of each applicant to
determine whether granting an
exemption will achieve the required
level of safety mandated by statute.
The physical qualification standard
for drivers regarding vision found in 49
CFR 391.41(b)(10) states that a person is
physically qualified to drive a CMV if
that person:
mstockstill on DSK30JT082PROD with NOTICES
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 at 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.
In July 1992, the Agency first
published the criteria for the Vision
Waiver Program, which listed the
conditions and reporting standards that
CMV drivers approved for participation
would need to meet (Qualification of
Drivers; Vision Waivers, 57 FR 31458,
July 16, 1992). The current Vision
Exemption Program was established in
1998, following the enactment of
amendments to the statutes governing
exemptions made by § 4007 of the
Transportation Equity Act for the 21st
Century (TEA–21), Public Law 105–178,
112 Stat. 107, 401 (June 9, 1998). Vision
exemptions are considered under the
procedures established in 49 CFR part
381 subpart C, on a case-by-case basis
upon application by CMV drivers who
do not meet the vision standards of 49
CFR 391.41(b)(10).
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 three 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
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19:30 Jul 24, 2017
Jkt 241001
and traffic violations. Copies of the
studies may be found at Docket Number
FMCSA–1998–3637.
FMCSA believes it can properly apply
the principle to monocular drivers,
because data from the Federal Highway
Administration’s (FHWA) former waiver
study program clearly demonstrated 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
three consecutive years of data,
comparing the experiences of drivers in
the first two years with their
experiences in the final year.
II. Qualifications of Applicants
Michael T. Allen
Mr. Allen, 58, has had amblyopia in
his right eye since childhood. The
visual acuity in his right eye is 20/60,
and in his left eye, 20/20. Following an
examination in 2017, his optometrist
stated, ‘‘It is my professional opinion
that Michael Allen has sufficient vision
to perform the driving tasks required to
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Fmt 4703
Sfmt 4703
34565
operate a commercial vehicle.’’ Mr.
Allen reported that he has driven buses
for five years, accumulating 312,500
miles. He holds a Class B CDL from
Arizona. His driving record for the last
three years shows no crashes and no
convictions for moving violations in a
CMV.
Robert F. Anneheim
Mr. Anneheim, 48, has had amblyopia
in his right eye since birth. The visual
acuity in his right eye is 20/100, and in
his left eye, 20/20. Following an
examination in 2017, his optometrist
stated, ‘‘It is therefore my opinion that
Mr. Anneheim has excellent vision and
is able to operate any vehicle he choses
[sic] to for commercial and personal
purposes.’’ Mr. Anneheim reported that
he has driven straight trucks for 20
years, accumulating 400,000 miles. He
holds an operator’s license from North
Carolina. His driving record for the last
three years shows no crashes and no
convictions for moving violations in a
CMV.
Ray C. Atkinson
Mr. Atkinson, 64, has had a retinal
detachment in his left eye since 2011.
The visual acuity in his right eye is 20/
20, and in his left eye, no light
perception. Following an examination
in 2017, his ophthalmologist stated,
‘‘. . . Mr. Atkinson’s vision is sufficient
to operate a commercial vehicle.’’ Mr.
Atkinson reported that he has driven
straight trucks for 47 years,
accumulating 2.44 million miles. He
holds a Class A CDL from Tennessee.
His driving record for the last three
years shows no crashes and no
convictions for moving violations in a
CMV.
Joseph Cuthbert
Mr. Cuthbert, 56, has had amblyopia
in his right eye since birth. The visual
acuity in his right eye is counting
fingers, and in his left eye, 20/20.
Following an examination in 2016, his
optometrist stated, ‘‘Overall, I feel that
Mr. Cuthbert is doing quite well and in
my medical opinion has sufficient
vision to perform the driving tasks
required to operate a commercial
vehicle.’’ Mr. Cuthbert reported that he
has driven straight trucks for 40 years,
accumulating 240,000 miles. He holds
an operator’s license from Pennsylvania.
His driving record for the last three
years shows no crashes and no
convictions for moving violations in a
CMV.
Kent W. Fulp
Mr. Fulp, 48, has had pars planitis in
his right eye since 2008. The visual
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Federal Register / Vol. 82, No. 141 / Tuesday, July 25, 2017 / Notices
acuity in his right eye is 20/50, and in
his left eye, 20/20. Following an
examination in 2017, his
ophthalmologist stated, ‘‘Mr. Fulp has
adequate vision to perform the driving
tasks to operate a commercial vehicle.’’
Mr. Fulp reported that he has driven
straight trucks for 30 years,
accumulating 300,000 miles and tractortrailer combinations for 30 years,
accumulating 300,000 miles. He holds a
Class A CDL from North Carolina. His
driving record for the last three years
shows one crash and no convictions for
moving violations in a CMV.
Edward P. Hutton
Mr. Hutton, 60, has had amblyopia in
his left eye since childhood. The visual
acuity in his right eye is 20/20, and in
his left eye, counting fingers. Following
an examination in 2017, his
ophthalmologist stated, ‘‘His OS is
amblyopic and lifelong. If he has
performed well as a commercial driver
in the past, he should continue to do
so.’’ Mr. Hutton reported that he has
driven straight trucks for 14 years,
accumulating 175,000 miles. He holds a
Class A CDL from Idaho. His driving
record for the last three years shows no
crashes and no convictions for moving
violations in a CMV.
mstockstill on DSK30JT082PROD with NOTICES
Stephen McLaren
Mr. McLaren, 33, has had amblyopia
in his left eye since childhood. The
visual acuity in his right eye is 20/20,
and in his left eye, 20/80. Following an
examination in 2016, his optometrist
stated, ‘‘Based on today’s examination,
it is my opinion that Stephen McLaren’s
refractive amblyopia in the left eye is
stable and will not prevent him from
driving tasks necessary to operate a
commercial vehicle.’’ Mr. McLaren
reported that he has driven straight
trucks for five years, accumulating
36,000 miles. He holds a Class B CDL
from Tennessee. His driving record for
the last three years shows no crashes
and no convictions for moving
violations in a CMV.
Robert E. Richards
Mr. Richards, 31, has had amblyopia
in his right eye since birth. The visual
acuity in his right eye is 20/100, and in
his left eye, 20/20. Following an
examination in 2017, his optometrist
stated, ‘‘In my medical opinion Mr.
Richards has sufficient vision to
perform the driving tasks required to
operate a commercial vehicle and his
visual deficiency is stable.’’ Mr.
Richards reported that he has driven
straight trucks for two years,
accumulating 50,000 miles, and tractortrailer combinations for 11 years,
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19:30 Jul 24, 2017
Jkt 241001
accumulating 880,000 miles. He holds a
Class A CDL from Maine. His driving
record for the last three years shows no
crashes and no convictions for moving
violations in a CMV.
James R. Robinette
Mr. Robinette, 25, has had amblyopia
in his right eye since childhood. The
visual acuity in his right eye is 20/200,
and in his left eye, 20/20. Following an
examination in 2017, his optometrist
stated, ‘‘Based on these findings, Mr.
Robinette has sufficient vision to
operate a commercial vehicle.’’ Mr.
Robinette reported that he has driven
straight trucks for four years,
accumulating 3,120 miles. He holds a
Class B CDL from Virginia. His driving
record for the last three years shows no
crashes and no convictions for moving
violations in a CMV.
James Tucker
Mr. Tucker, 57, has a prosthetic left
eye due to a traumatic incident in
childhood. The visual acuity in his right
eye is 20/20, and in his left eye, no light
perception. Following an examination
in 2017, his optometrist stated, ‘‘It is our
opinion that your visual abilities are
adequate for driving a commercial
vehicle.’’ Mr. Tucker reported that he
has driven straight trucks for three
years, accumulating 63,000 miles. He
holds a Class A CDL from Tennessee.
His driving record for the last three
years shows no crashes and no
convictions for moving violations in a
CMV.
Alvin White
Mr. White, 61, has an enucleated left
eye due to a traumatic incident in
childhood. The visual acuity in his right
eye is 20/15, and in his left eye, no light
perception. Following an examination
in 2017, his optometrist stated, ‘‘It is my
opinion that Mr. Alvin White has
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. White reported that he has
driven straight trucks for six years,
accumulating 60,000 miles and tractortrailer combinations for six years,
accumulating 600 miles. He holds a
Class A CDL from Tennessee. His
driving record for the last three years
shows no crashes and no convictions for
moving violations in a CMV.
III. 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. We will consider all
comments and material received before
the close of business on the closing date
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Fmt 4703
Sfmt 4703
indicated in the dates section of the
notice.
IV. Submitting Comments
You may submit your comments and
material online or by fax, mail, or hand
delivery, but please use only one of
these means. FMCSA recommends that
you include your name and a mailing
address, an email address, or a phone
number in the body of your document
so that FMCSA can contact you if there
are questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov and in the
search box insert the docket number
FMCSA–2017–0020 and click the search
button. When the new screen appears,
click on the blue ‘‘Comment Now!’’
button on the right hand side of the
page. On the new page, enter
information required including the
specific section of this document to
which each comment applies, and
provide a reason for each suggestion or
recommendation. If you submit your
comments by mail or hand delivery,
submit them in an unbound format, no
larger than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit comments by mail and would
like to know that they reached the
facility, please enclose a stamped, selfaddressed postcard or envelope.
We will consider all comments and
material received during the comment
period. FMCSA may issue a final
determination at any time after the close
of the comment period.
V. Viewing Comments and Documents
To view comments, as well as any
documents mentioned in this preamble,
go to https://www.regulations.gov and in
the search box insert the docket number
FMCSA–2017–0020 and click ‘‘Search.’’
Next, click ‘‘Open Docket Folder’’ and
you will find all documents and
comments related to this notice.
Issued on: July 18, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017–15571 Filed 7–24–17; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[FMCSA Docket No. FMCSA–2017–0032]
Qualification of Drivers; Exemption
Applications; Diabetes Mellitus
Federal Motor Carrier Safety
Administration (FMCSA), DOT
AGENCY:
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Agencies
[Federal Register Volume 82, Number 141 (Tuesday, July 25, 2017)]
[Notices]
[Pages 34564-34566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15571]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2017-0020]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of applications for exemptions; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces receipt of applications from 11 individuals
for exemption from the vision requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) to operate a commercial motor vehicle (CMV)
in interstate commerce. If granted, the exemptions will enable these
individuals to operate CMVs in interstate commerce without meeting the
vision requirement in one eye.
DATES: Comments must be received on or before August 24, 2017.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2017-0020 using any of the
following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online 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: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
e.t., Monday through Friday, except Federal Holidays.
Fax: 1-202-493-2251.
Instructions: Each submission must include the Agency name and the
docket numbers for this notice. Note that all comments received will be
posted without change to https://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
Docket: For access to the docket to read background documents or
comments, go to https://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., e.t., 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 self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to https://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at https://www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, 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 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Docket
Services, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Background
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from
[[Page 34565]]
the Federal Motor Carrier Safety Regulations for a two-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.'' FMCSA can renew exemptions at the end of each
two-year period.
The 11 individuals listed in this notice have each requested such
an exemption from the vision requirement in 49 CFR 391.41(b)(10).
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting an exemption will achieve the
required level of safety mandated by statute.
The physical qualification standard for drivers regarding vision
found in 49 CFR 391.41(b)(10) states that a person is physically
qualified to drive a CMV 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 at least 20/40 (Snellen) in both eyes with or
without corrective lenses, field of vision of at least 70[deg] 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.
In July 1992, the Agency first published the criteria for the
Vision Waiver Program, which listed the conditions and reporting
standards that CMV drivers approved for participation would need to
meet (Qualification of Drivers; Vision Waivers, 57 FR 31458, July 16,
1992). The current Vision Exemption Program was established in 1998,
following the enactment of amendments to the statutes governing
exemptions made by Sec. 4007 of the Transportation Equity Act for the
21st Century (TEA-21), Public Law 105-178, 112 Stat. 107, 401 (June 9,
1998). Vision exemptions are considered under the procedures
established in 49 CFR part 381 subpart C, on a case-by-case basis upon
application by CMV drivers who do not meet the vision standards of 49
CFR 391.41(b)(10).
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
three 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.
FMCSA believes it can properly apply the principle to monocular
drivers, because data from the Federal Highway Administration's (FHWA)
former waiver study program clearly demonstrated 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 three consecutive
years of data, comparing the experiences of drivers in the first two
years with their experiences in the final year.
II. Qualifications of Applicants
Michael T. Allen
Mr. Allen, 58, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is 20/60, and in his left eye, 20/
20. Following an examination in 2017, his optometrist stated, ``It is
my professional opinion that Michael Allen has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Allen reported that he has driven buses for five years,
accumulating 312,500 miles. He holds a Class B CDL from Arizona. His
driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.
Robert F. Anneheim
Mr. Anneheim, 48, has had amblyopia in his right eye since birth.
The visual acuity in his right eye is 20/100, and in his left eye, 20/
20. Following an examination in 2017, his optometrist stated, ``It is
therefore my opinion that Mr. Anneheim has excellent vision and is able
to operate any vehicle he choses [sic] to for commercial and personal
purposes.'' Mr. Anneheim reported that he has driven straight trucks
for 20 years, accumulating 400,000 miles. He holds an operator's
license from North Carolina. His driving record for the last three
years shows no crashes and no convictions for moving violations in a
CMV.
Ray C. Atkinson
Mr. Atkinson, 64, has had a retinal detachment in his left eye
since 2011. The visual acuity in his right eye is 20/20, and in his
left eye, no light perception. Following an examination in 2017, his
ophthalmologist stated, ``. . . Mr. Atkinson's vision is sufficient to
operate a commercial vehicle.'' Mr. Atkinson reported that he has
driven straight trucks for 47 years, accumulating 2.44 million miles.
He holds a Class A CDL from Tennessee. His driving record for the last
three years shows no crashes and no convictions for moving violations
in a CMV.
Joseph Cuthbert
Mr. Cuthbert, 56, has had amblyopia in his right eye since birth.
The visual acuity in his right eye is counting fingers, and in his left
eye, 20/20. Following an examination in 2016, his optometrist stated,
``Overall, I feel that Mr. Cuthbert is doing quite well and in my
medical opinion has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Cuthbert reported that
he has driven straight trucks for 40 years, accumulating 240,000 miles.
He holds an operator's license from Pennsylvania. His driving record
for the last three years shows no crashes and no convictions for moving
violations in a CMV.
Kent W. Fulp
Mr. Fulp, 48, has had pars planitis in his right eye since 2008.
The visual
[[Page 34566]]
acuity in his right eye is 20/50, and in his left eye, 20/20. Following
an examination in 2017, his ophthalmologist stated, ``Mr. Fulp has
adequate vision to perform the driving tasks to operate a commercial
vehicle.'' Mr. Fulp reported that he has driven straight trucks for 30
years, accumulating 300,000 miles and tractor-trailer combinations for
30 years, accumulating 300,000 miles. He holds a Class A CDL from North
Carolina. His driving record for the last three years shows one crash
and no convictions for moving violations in a CMV.
Edward P. Hutton
Mr. Hutton, 60, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye,
counting fingers. Following an examination in 2017, his ophthalmologist
stated, ``His OS is amblyopic and lifelong. If he has performed well as
a commercial driver in the past, he should continue to do so.'' Mr.
Hutton reported that he has driven straight trucks for 14 years,
accumulating 175,000 miles. He holds a Class A CDL from Idaho. His
driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.
Stephen McLaren
Mr. McLaren, 33, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
80. Following an examination in 2016, his optometrist stated, ``Based
on today's examination, it is my opinion that Stephen McLaren's
refractive amblyopia in the left eye is stable and will not prevent him
from driving tasks necessary to operate a commercial vehicle.'' Mr.
McLaren reported that he has driven straight trucks for five years,
accumulating 36,000 miles. He holds a Class B CDL from Tennessee. His
driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.
Robert E. Richards
Mr. Richards, 31, has had amblyopia in his right eye since birth.
The visual acuity in his right eye is 20/100, and in his left eye, 20/
20. Following an examination in 2017, his optometrist stated, ``In my
medical opinion Mr. Richards has sufficient vision to perform the
driving tasks required to operate a commercial vehicle and his visual
deficiency is stable.'' Mr. Richards reported that he has driven
straight trucks for two years, accumulating 50,000 miles, and tractor-
trailer combinations for 11 years, accumulating 880,000 miles. He holds
a Class A CDL from Maine. His driving record for the last three years
shows no crashes and no convictions for moving violations in a CMV.
James R. Robinette
Mr. Robinette, 25, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/200, and in his
left eye, 20/20. Following an examination in 2017, his optometrist
stated, ``Based on these findings, Mr. Robinette has sufficient vision
to operate a commercial vehicle.'' Mr. Robinette reported that he has
driven straight trucks for four years, accumulating 3,120 miles. He
holds a Class B CDL from Virginia. His driving record for the last
three years shows no crashes and no convictions for moving violations
in a CMV.
James Tucker
Mr. Tucker, 57, has a prosthetic left eye due to a traumatic
incident in childhood. The visual acuity in his right eye is 20/20, and
in his left eye, no light perception. Following an examination in 2017,
his optometrist stated, ``It is our opinion that your visual abilities
are adequate for driving a commercial vehicle.'' Mr. Tucker reported
that he has driven straight trucks for three years, accumulating 63,000
miles. He holds a Class A CDL from Tennessee. His driving record for
the last three years shows no crashes and no convictions for moving
violations in a CMV.
Alvin White
Mr. White, 61, has an enucleated left eye due to a traumatic
incident in childhood. The visual acuity in his right eye is 20/15, and
in his left eye, no light perception. Following an examination in 2017,
his optometrist stated, ``It is my opinion that Mr. Alvin White has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. White reported that he has driven straight
trucks for six years, accumulating 60,000 miles and tractor-trailer
combinations for six years, accumulating 600 miles. He holds a Class A
CDL from Tennessee. His driving record for the last three years shows
no crashes and no convictions for moving violations in a CMV.
III. 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. We will consider all comments and material
received before the close of business on the closing date indicated in
the dates section of the notice.
IV. Submitting Comments
You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov and
in the search box insert the docket number FMCSA-2017-0020 and click
the search button. When the new screen appears, click on the blue
``Comment Now!'' button on the right hand side of the page. On the new
page, enter information required including the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. If you submit your comments by mail or
hand delivery, submit them in an unbound format, no larger than 8\1/2\
by 11 inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the facility,
please enclose a stamped, self-addressed postcard or envelope.
We will consider all comments and material received during the
comment period. FMCSA may issue a final determination at any time after
the close of the comment period.
V. Viewing Comments and Documents
To view comments, as well as any documents mentioned in this
preamble, go to https://www.regulations.gov and in the search box insert
the docket number FMCSA-2017-0020 and click ``Search.'' Next, click
``Open Docket Folder'' and you will find all documents and comments
related to this notice.
Issued on: July 18, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-15571 Filed 7-24-17; 8:45 am]
BILLING CODE 4910-EX-P