Qualification of Drivers; Exemption Applications; Vision, 37504-37508 [2017-16861]

Download as PDF 37504 Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Notices The qualifications and medical condition of each applicant were stated and discussed in detail in the April 21, 2017, Federal Register notice and they will not be repeated in this notice. III. Discussion of Comments FMCSA received no comments in this proceeding. IV. Basis for Exemption Determination Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the diabetes requirement in 49 CFR 391.41(b)(3) if the exemption is likely to achieve an equivalent or greater level of safety than would be achieved without the exemption. The exemption allows the applicants to operate CMVs in interstate commerce. To evaluate the effect of these exemptions on safety, FMCSA considered medical reports about the applicants’ ITDM and vision, and reviewed the treating endocrinologists’ medical opinion related to the ability of the driver to safely operate a CMV while using insulin. Consequently, FMCSA finds that in each case exempting these applicants from the diabetes requirement in 49 CFR 391.41(b)(3) is likely to achieve a level of safety equal to that existing without the exemption. mstockstill on DSK30JT082PROD with NOTICES V. Conditions and Requirements The terms and conditions of the exemption will be provided to the applicants in the exemption document and they include the following: (1) That each individual submit a quarterly monitoring checklist completed by the treating endocrinologist as well as an annual checklist with a comprehensive medical evaluation; (2) that each individual reports within 2 business days of occurrence, all episodes of severe hypoglycemia, significant complications, or inability to manage diabetes; also, any involvement in an accident or any other adverse event in a CMV or personal vehicle, whether or not it is related to an episode of hypoglycemia; (3) 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 (4) 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. VerDate Sep<11>2014 17:03 Aug 09, 2017 Jkt 241001 VI. Conclusion Based upon its evaluation of the 41 exemption applications, FMCSA exempts the following drivers from the diabetes requirement in 49 CFR 391.41(b)(3): Darryl Bates (IL) Jacob S. Beach (PA) Ralph N. Bonnema, Jr. (OH) Robert L. Brooks (MS) Broderick J. Burgess (KS) Jerry L. Carter (IL) Robert D. Clayton (NV) Christopher M. Cleland (AL) Frank L. Creswell, III (TX) Brian L. Dinger (IA) Michael E. Fobian (NJ) Cecil J. Garmon (TN) Terrance M. Golden (MN) Arthur V. Hansard (GA) Delbert L. Harris (MS) Jon C. Jones (ID) Rodney W. Kirkland (WA) David P. Laselle (AK) Jared L. Lischka (TX) Mark V. Longo (OH) Keith A. Mattix (UT) Ryan J. McClurg (NY) Michael A. McLaughlin (NJ) Charles D. Paschall (KY) Alan Poller (NJ) George E. Powell (NM) Kyle B. Rindels (MN) Larry J. Sobolik (OK) Kevin J. Story (MD) Zachary A. Stovall (TX) Joseph Summers (TX) Robert J. Tate (VA) Anthony Terrill (MO) Danny A. Thomas (PA) Randy D. Tyson (PA) Roy T. Varner (PA) Danny G. Washington (MS) Clinton M. Westbrook (IL) Matthew R. Whitney (NE) Gary W. Wright (VA) Joseph D. Zimmer (IL) In accordance with 49 U.S.C. 31136(e) and 31315 each exemption is valid for two years unless revoked earlier by FMCSA. The exemption will be revoked if the following occurs: (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(e) 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: August 4, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017–16856 Filed 8–9–17; 8:45 am] BILLING CODE 4910–EX–P PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2017–0022] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemption; request for comments. AGENCY: FMCSA announces receipt of applications from 22 individuals for an 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 September 11, 2017. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA– 2017–0022 using any of the following methods: • Federal eRulemaking Portal: Go to http://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 number(s) for this notice. Note that all comments received will be posted without change to http:// 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 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., e.t., Monday through Friday, except Federal holidays. The FDMS is available 24 hours each day, 365 days each year. If you want SUMMARY: E:\FR\FM\10AUN1.SGM 10AUN1 Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Notices acknowledgment that we received your comments, please include a selfaddressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments online. 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 http://www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at http://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: mstockstill on DSK30JT082PROD with NOTICES I. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the FMCSRs 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.’’ The statute also allows the Agency to renew exemptions at the end of the two-year period. The 22 individuals listed in this notice have requested 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° 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 VerDate Sep<11>2014 17:03 Aug 09, 2017 Jkt 241001 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 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, PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 37505 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 Eddie S. Bennett Mr. Bennett, 58, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/20, and in his left eye, 20/100. Following an examination in 2017, his ophthalmologist stated, ‘‘In my medical opinion, Mr. Bennett has sufficient vision to operate a commercial vehicle.’’ Mr. Bennett reported that he has driven straight trucks for 29 years, accumulating 348,000 miles. He holds a Class CA CDL from Michigan. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Ray M. Bliss Mr. Bliss, 56, 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 my medical opinion that Ray has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Bliss reported that he has driven straight trucks for 34 years, accumulating 442,000 miles. He holds a Class B CDL from Minnesota. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Gary S. Boryk Mr. Boryk, 61, 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, ‘‘. . . Mr. Boryk meets the visual requirements for operating a commercial vehicle . . .’’ Mr. Boryk reported that he has driven buses for 16 years, E:\FR\FM\10AUN1.SGM 10AUN1 37506 Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Notices accumulating 960,000 miles. He holds a Class BM CDL from Virginia. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Jonathan E. Burt Mr. Burt, 29, has had amblyopia in his right eye since childhood. The visual acuity in his right eye is 20/150, and in his left eye, 20/20. Following an examination in 2017, his optometrist stated, ‘‘Jonathan has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Burt reported that he has driven straight trucks for three years, accumulating 30,000 miles, and tractor-trailer combinations for seven years, accumulating 525,000 miles. He holds a Class A CDL from Vermont. 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 David A. Cooper Mr. Cooper, 50, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/15, and in his left eye, 20/70. Following an examination in 2017, his optometrist stated, ‘‘The patient, David Cooper, has sufficient vision to operate a commercial vehicle.’’ Mr. Cooper reported that he has driven straight trucks for 11 years, accumulating 6,600 miles. He holds an operator’s license from West Virginia. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Nicholas M. Deschepper Mr. Deschepper, 31, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/20, and in his left eye, 20/200. Following an examination in 2017, his optometrist stated, ‘‘My understanding of a CDL license is that it requires 20/ 30 visual acuity or better of at least one eye with normal color vision and peripheral vision. It is my opinion that Nick passes all of these requirements and is safe to operate with a CDL license.’’ Mr. Deschepper reported that he has driven tractor-trailer combinations for eight years, accumulating 720,000 miles. He holds a Class A3 CDL from South Dakota. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Frank J. Devitz Mr. Devitz, 34, has had amblyopia in his right eye since childhood. The visual acuity in his right eye is 20/50, and in his left eye, 20/20. Following an VerDate Sep<11>2014 17:03 Aug 09, 2017 Jkt 241001 examination in 2017, his optometrist stated, ‘‘In my opinion, Mr. Devitz has sufficient vision to perform the driving tasks required to operate a commercial vehicle, especially since he has been doing so for so many years.’’ Mr. Devitz reported that he has driven tractortrailer combinations for 12 years, accumulating 780,000 miles. He holds a Class A CDL from Pennsylvania. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. John F. Ferguson, Jr. Mr. Ferguson, 55, has a scotoma in his right eye due to a traumatic incident during birth. The visual acuity in his right eye is 20/300, and in his left eye, 20/20. Following an examination in 2017, his optometrist stated, ‘‘In my opinion, John has a sufficient visual acuity and visual field to operate a commercial vehicle.’’ Mr. Ferguson reported that he has driven straight trucks for five years, accumulating 390,000 miles. He holds a Class B CDL from Pennsylvania. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Dominick P. Fittipaldi Mr. Fittipaldi, 37, has complete loss of vision in his 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 ophthalmologist stated, ‘‘In my medical opinion, Mr. Fittipaldi has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Fittipaldi reported that he has driven straight trucks for 21 years, accumulating 210,000 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. Alvin H. Horgdal Mr. Horgdal, 68, has had amblyopia in his right eye since birth. The visual acuity in his right eye is 20/400, and in his left eye, 20/30. Following an examination in 2017, his optometrist stated, ‘‘. . . I feel he has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Horgdal reported that he has driven straight trucks for 26 years, accumulating 1.5 million miles. He holds a Class B CDL from Iowa. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 Louis R. LeMonds, Jr. Mr. LeMonds, 53, has a phthisis bulbi in his right eye due to a traumatic incident in 2008. The visual acuity in his right eye is hand motion, and in his left eye, 20/20. Following an examination in 2017, his ophthalmologist stated, ‘‘My medical opinion is that he has sufficient vision to operate a commercial vehicle without difficulty.’’ Mr. LeMonds reported that he has driven tractor-trailer combinations for 34 years, accumulating two million miles. He holds a Class A CDL from Washington. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Jonathan Marin Mr. Marin, 26, 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, ‘‘Mr. Marin’s left eye has sufficient visual acuity, color vision and visual field as required for commercial driving.’’ Mr. Marin reported that he has driven straight trucks for three years, accumulating 1,500 miles. He holds an operator’s license from New Jersey. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Mark E. McNaughton Mr. McNaughton, 53, has had complete loss of vision in his right eye since childhood. The visual acuity in his right eye is no light perception, and in his left eye, 20/20. Following an examination in 2017, his ophthalmologist stated, ‘‘He has no deficiencies in color vision, and I feel he has sufficient vision to perform driving tasks required for a commercial vehicle.’’ Mr. McNaughton reported that he has driven straight trucks for 30 years, accumulating 900,000 miles. He holds a Class B CDL from Iowa. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Louis Neofotistos Mr. Neofotistos, 55, has a macular scar in his right eye due to a traumatic incident in childhood. The visual acuity in his right eye is counting fingers, and in his left eye, 20/25. Following an examination in 2017, his optometrist stated, ‘‘In my medical opinion, Louis has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Neofotistos reported that he has driven straight trucks for 38 years, accumulating 45,600 miles. He holds a Class BM CDL from E:\FR\FM\10AUN1.SGM 10AUN1 Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Notices Massachusetts. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Josue M. Rodriguez-Espinoza Mr. Rodriguez-Espinoza, 25, has had amblyopia in his right eye since childhood. The visual acuity in his right eye is counting fingers, and in his left eye, 20/20. Following an examination in 2017, his ophthalmologist stated, ‘‘I feel that Mr. Rodriguez would have no problems performing the tasks required to appropriately operate a commercial vehicle despite the poor vision in his right eye.’’ Mr. Rodriguez-Espinoza reported that he has driven straight trucks for eight years, accumulating 80,000 miles. He holds an operator’s license from California. 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 James R. Rupert Mr. Rupert, 54, has had a central retinal vein occlusion in his right eye since 2012. The visual acuity in his right eye is 20/200, and in his left eye, 20/20. Following an examination in 2017, his ophthalmologist stated, ‘‘In my medical opinion James has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Rupert reported that he has driven straight trucks for 37 years, accumulating 1.33 million miles, and tractor-trailer combinations for 35 years, accumulating 175,000 miles. He holds an operator’s license from California. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Christopher J. Schmidt Mr. Schmidt, 31, 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, ‘‘In my medical opinion, he has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Schmidt reported that he has driven straight trucks for four years, accumulating 25,000 miles, and tractortrailer combinations for four years, accumulating 25,000 miles. He holds a Class ABCD CDL from Wisconsin. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Brandon L. Siebe Mr. Siebe, 45, has complete loss of vision in his right eye due to a traumatic VerDate Sep<11>2014 17:03 Aug 09, 2017 Jkt 241001 incident in childhood. The visual acuity in his right eye is no light perception, and in his left eye, 20/15. Following an examination in 2016, his optometrist stated, ‘‘He has a nearsighted left eye that corrects to 20/15, and he has sufficient vision to perform the driving test required to operate a commercial vehicle.’’ Mr. Siebe reported that he has driven straight trucks for 19 years, accumulating 285,000 miles. He holds an operator’s license from Kentucky. His driving record for the last three years shows one crash and no convictions for moving violations in a CMV. Greg C. Stilson Mr. Stilson, 54, has had amblyopia in his right eye since birth. The visual acuity in his right eye is 20/70, and in his left eye, 20/20. Following an examination in 2017, his optometrist stated, ‘‘He is also able to recognize color and in my opinion is safe to operate a commercial vehicle over interstate lines. Even though he is amblyopic OD his peripheral awareness is normal on his right side.’’ Mr. Stilson reported that he has driven straight trucks for five years, accumulating 125,000 miles, and tractor-trailer combinations for 32 years, accumulating four million miles. He holds a Class AM CDL from Wyoming. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Paul M. Wooton Mr. Wooton, 39, has a macular scar in his left eye due to a traumatic incident in childhood. The visual acuity in his right eye is 20/20, and in his left eye, 20/200. Following an examination in 2017, his ophthalmologist stated, ‘‘In my opinion, this individual has sufficient vision to perform the driving tasks required to operate commercial vehicles.’’ Mr. Wooton reported that he has driven straight trucks for six years, accumulating 270,000 miles, and tractor-trailer combinations for four years, accumulating 420,000 miles. He holds a Class DA CDL from Kentucky. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Willie C. Young Mr. Young, 58, has fibrosis in his left eye due to a traumatic incident in childhood. The visual acuity in his right eye is 20/20, and in his left eye, counting fingers. Following an examination in 2017, his optometrist stated, ‘‘It is my opinion that Mr. Willie Young has sufficient vision to perform the driving tasks required to operate a PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 37507 commercial vehicle.’’ Mr. Young reported that he has driven tractortrailer combinations for 17 years, accumulating 1.19 million miles. He holds a Class A CDL from Texas. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Eloy Zuniga Mr. Zuniga, 41, has retinal scarring in his left eye due to a traumatic incident in 1994. The visual acuity in his right eye is 20/20, and in his left eye, 20/150. Following an examination in 2016, his optometrist stated, ‘‘In my opinion Mr. Zuniga has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Zuniga reported that he has driven tractortrailer combinations for seven years, accumulating 350,000 miles. He holds a Class A CDL from Texas. 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 http://www.regulations.gov and in the search box insert the docket number FMCSA–2017–0022 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 E:\FR\FM\10AUN1.SGM 10AUN1 37508 Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Notices facility, please enclose a stamped, selfaddressed postcard or envelope. We will consider all comments and materials 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 http://www.regulations.gov and in the search box insert the docket number FMCSA–2017–0022 and click ‘‘Search.’’ Next, click ‘‘Open Docket Folder’’ and you will find all documents and comments related to this notice. Issued on: August 3, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017–16861 Filed 8–9–17; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2017–0138] Agency Information Collection Activities: Extension of an Approved Information Collection Request; Comment Request; Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice and request for comments. AGENCY: In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for its review and approval, and invites public comment. FMCSA requests approval to extend an existing ICR titled, ‘‘Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery.’’ This ICR allows for ongoing, collaborative and actionable communication between FMCSA and its customers and stakeholders. It also allows feedback to contribute directly to the improvement of program management. The purpose of this notice is to allow 60 days for public comment before FMCSA submits its request to OMB. mstockstill on DSK30JT082PROD with NOTICES SUMMARY: We must receive your comments on or before October 10, 2017. ADDRESSES: You may submit comments identified by Federal Docket Management System (FDMS) Docket DATES: VerDate Sep<11>2014 17:03 Aug 09, 2017 Jkt 241001 Number FMCSA–2017–0138 using any of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 1–202–493–2251. • 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. e.t., Monday through Friday, except Federal holidays. Instructions: All submissions must include the Agency name and docket number. For detailed instructions on submitting comments and additional information on the exemption process, see the ‘‘Public Participation’’ heading below. Note that all comments received will be posted without change to http:// www.regulations.gov, including any personal information provided. Please see the ‘‘Privacy Act’’ heading below. Docket: For access to the docket to read background documents or comments received, go to http:// www.regulations.gov, and follow the online instructions for accessing the dockets, or go to the street address listed above. Privacy Act: Anyone can search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement for the Federal Docket Management System published in the Federal Register on January 17, 2008 (73 FR 3316), or you may visit https:// www.gpo.gov/fdsys/pkg/FR-2008-01-17/ pdf/E8-785.pdf. Public Participation: The Federal eRulemaking Portal is available 24 hours each day, 365 days each year. You can obtain electronic submission and retrieval help and guidelines under the ‘‘help’’ section of the Federal eRulemaking Portal Web site. If you want us to notify you that we received your comments, please include a selfaddressed, stamped envelope or postcard if you submitted your comments by mail or hand delivery, or print the acknowledgement page that appears after submitting comments online. Comments received after the comment closing date will be included in the docket and will be considered to the extent practicable. FOR FURTHER INFORMATION CONTACT: Mr. Martin Walker, Division Chief, FMCSA, PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 Office of Research. Telephone (202) 385–2364; or email martin.walker@ dot.gov. Department of Transportation, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Mail Stop W63–432, Washington, DC 20590. SUPPLEMENTARY INFORMATION: Background: Executive Order 12862, ‘‘Setting Customer Service Standards,’’ directs Federal agencies to provide service to the public that matches or exceeds the best service available in the private sector (58 FR 48257, Sept. 11, 1993). In order to work continuously to ensure that our programs are effective and meet our customers’ needs, FMCSA seeks to extend OMB approval of a generic clearance to collect qualitative feedback from our customers on our service delivery. The surveys covered in this generic clearance provide a way for FMCSA to collect this data directly from our customers. The proposed future information collection activity provides a means to garner qualitative customer and stakeholder feedback in an efficient, timely manner, in accordance with the Administration’s commitment to improving service delivery. By qualitative feedback we mean information that provides useful insights on perceptions and opinions, but are not statistical surveys that yield quantitative results that can be generalized to the population of study. This feedback will provide insights into customer or stakeholder perceptions, experiences and expectations, provide an early warning of issues with service, or focus attention on areas where communication, training or changes in operations might improve delivery of products or services. The information collected from our customers and stakeholders will help ensure that users have an effective, efficient and satisfying experience with FMCSA’s programs. The solicitation of feedback will target areas such as: Timeliness, appropriateness, accuracy of information, courtesy, efficiency of service delivery, and resolution of issues with service delivery. Responses will be assessed to plan and inform efforts to improve or maintain the quality of service offered to the public. If this information is not collected, vital feedback from customers and stakeholders on the Agency’s services will be unavailable. The Agency will only submit a collection for approval under this generic clearance if it meets the following conditions: • The collections are voluntary; E:\FR\FM\10AUN1.SGM 10AUN1

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[Federal Register Volume 82, Number 153 (Thursday, August 10, 2017)]
[Notices]
[Pages 37504-37508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16861]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0022]


Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemption; request for comments.

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SUMMARY: FMCSA announces receipt of applications from 22 individuals 
for an 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 September 11, 2017.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2017-0022 using any of the 
following methods:
     Federal eRulemaking Portal: Go to http://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 number(s) for this notice. Note that all comments received will 
be posted without change to http://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 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., e.t., Monday through Friday, 
except Federal holidays. The FDMS is available 24 hours each day, 365 
days each year. If you want

[[Page 37505]]

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 online.
    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 http://www.regulations.gov, as described in 
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed 
at http://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 the FMCSRs 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.'' The 
statute also allows the Agency to renew exemptions at the end of the 
two-year period.
    The 22 individuals listed in this notice have requested 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

Eddie S. Bennett

    Mr. Bennett, 58, 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/
100. Following an examination in 2017, his ophthalmologist stated, ``In 
my medical opinion, Mr. Bennett has sufficient vision to operate a 
commercial vehicle.'' Mr. Bennett reported that he has driven straight 
trucks for 29 years, accumulating 348,000 miles. He holds a Class CA 
CDL from Michigan. His driving record for the last three years shows no 
crashes and no convictions for moving violations in a CMV.

Ray M. Bliss

    Mr. Bliss, 56, 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 my medical opinion that Ray has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Bliss reported that he has driven straight 
trucks for 34 years, accumulating 442,000 miles. He holds a Class B CDL 
from Minnesota. His driving record for the last three years shows no 
crashes and no convictions for moving violations in a CMV.

Gary S. Boryk

    Mr. Boryk, 61, 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, ``. . . 
Mr. Boryk meets the visual requirements for operating a commercial 
vehicle . . .'' Mr. Boryk reported that he has driven buses for 16 
years,

[[Page 37506]]

accumulating 960,000 miles. He holds a Class BM CDL from Virginia. His 
driving record for the last three years shows no crashes and no 
convictions for moving violations in a CMV.

Jonathan E. Burt

    Mr. Burt, 29, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is 20/150, and in his left eye, 20/
20. Following an examination in 2017, his optometrist stated, 
``Jonathan has sufficient vision to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Burt reported that he has driven 
straight trucks for three years, accumulating 30,000 miles, and 
tractor-trailer combinations for seven years, accumulating 525,000 
miles. He holds a Class A CDL from Vermont. His driving record for the 
last three years shows no crashes and no convictions for moving 
violations in a CMV.

David A. Cooper

    Mr. Cooper, 50, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/15, and in his left eye, 20/
70. Following an examination in 2017, his optometrist stated, ``The 
patient, David Cooper, has sufficient vision to operate a commercial 
vehicle.'' Mr. Cooper reported that he has driven straight trucks for 
11 years, accumulating 6,600 miles. He holds an operator's license from 
West Virginia. His driving record for the last three years shows no 
crashes and no convictions for moving violations in a CMV.

Nicholas M. Deschepper

    Mr. Deschepper, 31, has had amblyopia in his left eye since 
childhood. The visual acuity in his right eye is 20/20, and in his left 
eye, 20/200. Following an examination in 2017, his optometrist stated, 
``My understanding of a CDL license is that it requires 20/30 visual 
acuity or better of at least one eye with normal color vision and 
peripheral vision. It is my opinion that Nick passes all of these 
requirements and is safe to operate with a CDL license.'' Mr. 
Deschepper reported that he has driven tractor-trailer combinations for 
eight years, accumulating 720,000 miles. He holds a Class A3 CDL from 
South Dakota. His driving record for the last three years shows no 
crashes and no convictions for moving violations in a CMV.

Frank J. Devitz

    Mr. Devitz, 34, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is 20/50, and in his left eye, 20/
20. Following an examination in 2017, his optometrist stated, ``In my 
opinion, Mr. Devitz has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle, especially since he has been 
doing so for so many years.'' Mr. Devitz reported that he has driven 
tractor-trailer combinations for 12 years, accumulating 780,000 miles. 
He holds a Class A CDL from Pennsylvania. His driving record for the 
last three years shows no crashes and no convictions for moving 
violations in a CMV.

John F. Ferguson, Jr.

    Mr. Ferguson, 55, has a scotoma in his right eye due to a traumatic 
incident during birth. The visual acuity in his right eye is 20/300, 
and in his left eye, 20/20. Following an examination in 2017, his 
optometrist stated, ``In my opinion, John has a sufficient visual 
acuity and visual field to operate a commercial vehicle.'' Mr. Ferguson 
reported that he has driven straight trucks for five years, 
accumulating 390,000 miles. He holds a Class B CDL from Pennsylvania. 
His driving record for the last three years shows no crashes and no 
convictions for moving violations in a CMV.

Dominick P. Fittipaldi

    Mr. Fittipaldi, 37, has complete loss of vision in his 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 ophthalmologist stated, ``In my medical 
opinion, Mr. Fittipaldi has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Fittipaldi 
reported that he has driven straight trucks for 21 years, accumulating 
210,000 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.

Alvin H. Horgdal

    Mr. Horgdal, 68, has had amblyopia in his right eye since birth. 
The visual acuity in his right eye is 20/400, and in his left eye, 20/
30. Following an examination in 2017, his optometrist stated, ``. . . I 
feel he has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Horgdal reported that he has driven 
straight trucks for 26 years, accumulating 1.5 million miles. He holds 
a Class B CDL from Iowa. His driving record for the last three years 
shows no crashes and no convictions for moving violations in a CMV.

Louis R. LeMonds, Jr.

    Mr. LeMonds, 53, has a phthisis bulbi in his right eye due to a 
traumatic incident in 2008. The visual acuity in his right eye is hand 
motion, and in his left eye, 20/20. Following an examination in 2017, 
his ophthalmologist stated, ``My medical opinion is that he has 
sufficient vision to operate a commercial vehicle without difficulty.'' 
Mr. LeMonds reported that he has driven tractor-trailer combinations 
for 34 years, accumulating two million miles. He holds a Class A CDL 
from Washington. His driving record for the last three years shows no 
crashes and no convictions for moving violations in a CMV.

Jonathan Marin

    Mr. Marin, 26, 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, ``Mr. 
Marin's left eye has sufficient visual acuity, color vision and visual 
field as required for commercial driving.'' Mr. Marin reported that he 
has driven straight trucks for three years, accumulating 1,500 miles. 
He holds an operator's license from New Jersey. His driving record for 
the last three years shows no crashes and no convictions for moving 
violations in a CMV.

Mark E. McNaughton

    Mr. McNaughton, 53, has had complete loss of vision in his right 
eye since childhood. The visual acuity in his right eye is no light 
perception, and in his left eye, 20/20. Following an examination in 
2017, his ophthalmologist stated, ``He has no deficiencies in color 
vision, and I feel he has sufficient vision to perform driving tasks 
required for a commercial vehicle.'' Mr. McNaughton reported that he 
has driven straight trucks for 30 years, accumulating 900,000 miles. He 
holds a Class B CDL from Iowa. His driving record for the last three 
years shows no crashes and no convictions for moving violations in a 
CMV.

Louis Neofotistos

    Mr. Neofotistos, 55, has a macular scar in his right eye due to a 
traumatic incident in childhood. The visual acuity in his right eye is 
counting fingers, and in his left eye, 20/25. Following an examination 
in 2017, his optometrist stated, ``In my medical opinion, Louis has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Neofotistos reported that he has driven 
straight trucks for 38 years, accumulating 45,600 miles. He holds a 
Class BM CDL from

[[Page 37507]]

Massachusetts. His driving record for the last three years shows no 
crashes and no convictions for moving violations in a CMV.

Josue M. Rodriguez-Espinoza

    Mr. Rodriguez-Espinoza, 25, has had amblyopia in his right eye 
since childhood. The visual acuity in his right eye is counting 
fingers, and in his left eye, 20/20. Following an examination in 2017, 
his ophthalmologist stated, ``I feel that Mr. Rodriguez would have no 
problems performing the tasks required to appropriately operate a 
commercial vehicle despite the poor vision in his right eye.'' Mr. 
Rodriguez-Espinoza reported that he has driven straight trucks for 
eight years, accumulating 80,000 miles. He holds an operator's license 
from California. His driving record for the last three years shows no 
crashes and no convictions for moving violations in a CMV.

James R. Rupert

    Mr. Rupert, 54, has had a central retinal vein occlusion in his 
right eye since 2012. The visual acuity in his right eye is 20/200, and 
in his left eye, 20/20. Following an examination in 2017, his 
ophthalmologist stated, ``In my medical opinion James has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Rupert reported that he has driven straight trucks for 
37 years, accumulating 1.33 million miles, and tractor-trailer 
combinations for 35 years, accumulating 175,000 miles. He holds an 
operator's license from California. His driving record for the last 
three years shows no crashes and no convictions for moving violations 
in a CMV.

Christopher J. Schmidt

    Mr. Schmidt, 31, 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, ``In my medical opinion, he has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Schmidt reported that he has driven straight trucks for four years, 
accumulating 25,000 miles, and tractor-trailer combinations for four 
years, accumulating 25,000 miles. He holds a Class ABCD CDL from 
Wisconsin. His driving record for the last three years shows no crashes 
and no convictions for moving violations in a CMV.

Brandon L. Siebe

    Mr. Siebe, 45, has complete loss of vision in his right eye due to 
a traumatic incident in childhood. The visual acuity in his right eye 
is no light perception, and in his left eye, 20/15. Following an 
examination in 2016, his optometrist stated, ``He has a nearsighted 
left eye that corrects to 20/15, and he has sufficient vision to 
perform the driving test required to operate a commercial vehicle.'' 
Mr. Siebe reported that he has driven straight trucks for 19 years, 
accumulating 285,000 miles. He holds an operator's license from 
Kentucky. His driving record for the last three years shows one crash 
and no convictions for moving violations in a CMV.

Greg C. Stilson

    Mr. Stilson, 54, has had amblyopia in his right eye since birth. 
The visual acuity in his right eye is 20/70, and in his left eye, 20/
20. Following an examination in 2017, his optometrist stated, ``He is 
also able to recognize color and in my opinion is safe to operate a 
commercial vehicle over interstate lines. Even though he is amblyopic 
OD his peripheral awareness is normal on his right side.'' Mr. Stilson 
reported that he has driven straight trucks for five years, 
accumulating 125,000 miles, and tractor-trailer combinations for 32 
years, accumulating four million miles. He holds a Class AM CDL from 
Wyoming. His driving record for the last three years shows no crashes 
and no convictions for moving violations in a CMV.

Paul M. Wooton

    Mr. Wooton, 39, has a macular scar in his left eye due to a 
traumatic incident in childhood. The visual acuity in his right eye is 
20/20, and in his left eye, 20/200. Following an examination in 2017, 
his ophthalmologist stated, ``In my opinion, this individual has 
sufficient vision to perform the driving tasks required to operate 
commercial vehicles.'' Mr. Wooton reported that he has driven straight 
trucks for six years, accumulating 270,000 miles, and tractor-trailer 
combinations for four years, accumulating 420,000 miles. He holds a 
Class DA CDL from Kentucky. His driving record for the last three years 
shows no crashes and no convictions for moving violations in a CMV.

Willie C. Young

    Mr. Young, 58, has fibrosis in his left eye due to a traumatic 
incident in childhood. The visual acuity in his right eye is 20/20, and 
in his left eye, counting fingers. Following an examination in 2017, 
his optometrist stated, ``It is my opinion that Mr. Willie Young has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Young reported that he has driven tractor-
trailer combinations for 17 years, accumulating 1.19 million miles. He 
holds a Class A CDL from Texas. His driving record for the last three 
years shows no crashes and no convictions for moving violations in a 
CMV.

Eloy Zuniga

    Mr. Zuniga, 41, has retinal scarring in his left eye due to a 
traumatic incident in 1994. The visual acuity in his right eye is 20/
20, and in his left eye, 20/150. Following an examination in 2016, his 
optometrist stated, ``In my opinion Mr. Zuniga has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Zuniga reported that he has driven tractor-trailer combinations for 
seven years, accumulating 350,000 miles. He holds a Class A CDL from 
Texas. 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 http://www.regulations.gov and 
in the search box insert the docket number FMCSA-2017-0022 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

[[Page 37508]]

facility, please enclose a stamped, self-addressed postcard or 
envelope.
    We will consider all comments and materials 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 http://www.regulations.gov and in the search box insert 
the docket number FMCSA-2017-0022 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: August 3, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-16861 Filed 8-9-17; 8:45 am]
BILLING CODE 4910-EX-P