Qualification of Drivers; Exemption Applications; Vision, 43647-43651 [2017-19759]
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Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Notices
that occurred without warning in the
past 12 months and no recurrent (two or
more) severe hypoglycemic episodes in
the last five years. His endocrinologist
certifies that Mr. Vaughan understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Vaughan meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2017 and certified that
he does not have diabetic retinopathy.
He holds a Class A CDL from
Minnesota.
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John F. White
Mr. White, 53, has had ITDM since
2012. His endocrinologist examined him
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (two or
more) severe hypoglycemic episodes in
the last five years. His endocrinologist
certifies that Mr. White understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. White meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2017 and certified that
he does not have diabetic retinopathy.
He holds a Class A CDL from New York.
Ronald E. Wolf
Mr. Wolf, 73, has had ITDM since
1986. His endocrinologist examined him
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (two or
more) severe hypoglycemic episodes in
the last five years. His endocrinologist
certifies that Mr. Wolf understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Wolf meets the requirements
of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist
examined him in 2017 and certified that
he has stable nonproliferative diabetic
retinopathy. He holds a Class A CDL
from Illinois.
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
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comments received before the close of
business on the closing date indicated
in the date’s 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–2017–0233 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
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 https://www.regulations.gov and in
the search box insert the docket number
FMCSA–2017–0233 and click ‘‘Search.’’
Next, click ‘‘Open Docket Folder’’ and
you will find all documents and
comments related to this notice.
Issued on: September 11, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017–19763 Filed 9–15–17; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2017–0023]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
AGENCY:
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43647
Notice of applications for
exemption; request for comments.
ACTION:
FMCSA announces receipt of
applications from 25 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 October 18, 2017.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2017–0023 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 number(s) 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 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
SUMMARY:
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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.
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:
FOR FURTHER INFORMATION CONTACT:
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 25 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:
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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
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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
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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
Paul A. Bartels
Mr. Bartels, 73, has had amblyopia in
his left eye since childhood. The visual
acuity in his right eye is 20/20, and in
his left eye, 20/400. Following an
examination in 2017, his optometrist
stated, ‘‘In my opinion, he has sufficient
vision to perform the daily tasks
required to operate a commercial
vehicle.’’ Mr. Bartels reported that he
has driven tractor-trailer combinations
for 17 years, accumulating 1.8 million
miles. He holds an operator’s license
from Wisconsin. His driving record for
the last three years shows no crashes
and no convictions for moving
violations in a CMV.
Harold J. Bartley, Jr.
Mr. Bartley, 49, has aphakia 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, 20/400.
Following an examination in 2017, his
optometrist stated, ‘‘Mr. Bartley has
sufficient vision to drive a commercial
vehicle.’’ Mr. Bartley reported that he
has driven straight trucks for 13 years,
accumulating 260,000 miles, and
tractor-trailer combinations for nine
years, accumulating 270,000 miles. He
holds a Class A CDL from Kentucky. His
driving record for the last three years
shows no crashes and no convictions for
moving violations in a CMV.
Charles C. Berns
Mr. Berns, 54, has fibrotic scarring in
his right eye due to a traumatic incident
in childhood. The visual acuity in his
right eye is hand motion, and in his left
eye, 20/20. Following an examination in
2017, his optometrist stated, ‘‘It is my
opinion that this patient has stable,
long-standing vision deficiency in the
right eye only and has sufficient visual
acuity and peripheral vision in the left
eye to operate a commercial vehicle
safely.’’ Mr. Berns reported that he has
driven straight trucks for 26 years,
accumulating 39,000 miles, and tractortrailer combinations for 56 years,
accumulating 42,000 miles. He holds a
Class A CDL from Iowa. His driving
record for the last three years shows no
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crashes and no convictions for moving
violations in a CMV.
Eric L. Boyle, Jr.
Mr. Boyle, 31, has had amblyopia in
his right eye since childhood. The
visual acuity in his right eye is 20/80,
and in his left eye, 20/20. Following an
examination in 2017, his
ophthalmologist stated, ‘‘Based on
today’s exam, in my medical opinion
the patient has sufficient vision to
perform driving tasks required to
operate a commercial vehicle.’’ Mr.
Boyle reported that he has driven
straight trucks for six years,
accumulating 273,000 miles. He holds
an operator’s license from Maryland.
His driving record for the last three
years shows no crashes and no
convictions for moving violations in a
CMV.
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Jeremiah E. Casey
Mr. Casey, 37, has a cataract in his
right eye due to a traumatic incident in
childhood. 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, Jeremiah Casey has sufficient
vision to perform the driving tasks
required to operate a commercial
vehicle.’’ Mr. Casey reported that he has
driven straight trucks for two years,
accumulating 10,000 miles, and tractortrailer combinations for seven years,
accumulating 525,000 miles. He holds a
Class A CDL from Missouri. His driving
record for the last three years shows no
crashes but one conviction for speeding
in a CMV; he exceeded the speed limit
by ten mph.
Leonard M. Cassieri
Mr. Cassieri, 69, has a prosthetic right
eye due to a traumatic incident in 1975.
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, ‘‘Patient has
sufficient vision for driving and
operating a commercial vehicle.’’ Mr.
Cassieri reported that he has driven
straight trucks for 50 years,
accumulating 110,000 miles, and
tractor-trailer combinations for 50 years,
accumulating 110,000 miles. He holds a
Class A CDL from California. His
driving record for the last three years
shows one crash, which he was not
cited for, and one conviction for
speeding in a CMV; he exceeded the
speed limit by 22 mph.
Mr. Randy J. Conrad
Mr. Conrad, 63, has a prosthetic right
eye due to a traumatic incident in 1972.
The visual acuity in his right eye is no
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light perception, and in his left eye, 20/
20. Following an examination in 2017,
his optometrist stated, ‘‘Based on these
findings, I feel Randy J. Conrad has the
visual abilities to continue operating a
commercial motor vehicle in interstate
commerce because the loss of his left
eye occurred in 1972 and he has been
driving a commercial vehicle since
around 1973.’’ Mr. Conrad reported that
he has driven straight trucks for 40
years, accumulating two million miles,
and tractor-trailer combinations for two
years, accumulating 50,000 miles. He
holds a Class A CDL from Iowa. His
driving record for the last three years
shows no crashes and no convictions for
moving violations in a CMV.
Jimmie E. Curtis
Mr. Curtis, 36, has had retinal
neovascularization in his left eye since
2010. 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 medical
opinion, he is visually capable of
driving a commercial vehicle.’’ Mr.
Curtis reported that he has driven
straight trucks for 16 years,
accumulating 402,000 miles, and
tractor-trailer combinations for 16 years,
accumulating 402,000 miles. He holds a
Class A CDL from New Mexico. His
driving record for the last three years
shows no crashes and no convictions for
moving violations in a CMV.
Daniel E. Delano
Mr. Delano, 60, has complete loss of
vision in his right eye due to a traumatic
incident in 1990. The visual acuity in
his right eye is no light perception, and
in his left eye, 20/20. Following an
examination in 2017, his optometrist
stated, ‘‘In my medical opinion, Mr.
Daniel Delano has sufficient vision to
perform the driving tasks to operate a
commercial vehicle.’’ Mr. Delano
reported that he has driven straight
trucks for five years, accumulating
190,000 miles. He holds an operator’s
license from Virginia. His driving record
for the last three years shows no crashes
and no convictions for moving
violations in a CMV.
Jonathan P. Edwards
Mr. Edwards, 42, 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 optometrist
stated, ‘‘In my medical opinion,
Jonathan Edwards has sufficient vision
to perform driving tasks for a
commercial vehicle.’’ Mr. Edwards
reported that he has driven straight
trucks for six years, accumulating
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43649
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.
James A. Green
Mr. Green, 61, 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 2017, his optometrist
stated, ‘‘In my opinion, Mr. Green has
sufficient vision to operate a
commercial vehicle.’’ Mr. Green
reported that he has driven straight
trucks for 35 years, accumulating 27,335
miles. He holds a Class A CDL from
Illinois. His driving record for the last
three years shows no crashes and no
convictions for moving violations in a
CMV.
Richard Healy
Mr. Healy, 52, has retinal scarring in
his left eye due to an infection 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
ophthalmologist stated, ‘‘In my medical
opinion, Richard Healy has sufficient
vision to perform all driving tasks
required to operate a commercial
vehicle.’’ Mr. Healy reported that he has
driven straight trucks for 14 years,
accumulating 560,000 miles. He holds
an operator’s license from Maryland.
His driving record for the last three
years shows no crashes and no
convictions for moving violations in a
CMV.
Tommy G. Hillis
Mr. Hillis, 63, has had a chorioretinal
scar in his left eye since childhood. The
visual acuity in his right eye is 20/20,
and in his left eye, light perception.
Following an examination in 2017, his
optometrist stated, ‘‘In my medical
opinion, Mr. Tommy Hillis has
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Hillis reported that he has
driven straight trucks for two years,
accumulating 100,000 miles, and
tractor-trailer combinations for 35 years,
accumulating 2.5 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.
Richard A. Honstad
Mr. Honstad, 44, has had amblyopia
in his left eye since childhood. The
visual acuity in his right eye is 20/20,
and in his left eye, 20/50. Following an
examination in 2017, his optometrist
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stated, ‘‘In my opinion Richard has
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Honstad reported that he
has driven straight trucks for 17 years,
accumulating 144,000 miles. He holds
an operator’s license from Minnesota.
His driving record for the last three
years shows no crashes and no
convictions for moving violations in a
CMV.
Stephen M. Lovell
Mr. Lovell, 61, has had amblyopia in
his right eye since childhood. The
visual acuity in his right eye is count
fingers, and in his left eye, 20/20.
Following an examination in 2017, his
ophthalmologist stated, ‘‘He is safe to
operate a commercial vehicle in my
opinion, even though his vision is
uniocular.’’ Mr. Lovell reported that he
has driven straight trucks for 38 years,
accumulating 3.23 million miles. He
holds a Class AM CDL from Texas. His
driving record for the last three years
shows no crashes and no convictions for
moving violations in a CMV.
Thomas P. Maio
Mr. Maio, 30, has had amblyopia in
left eye since childhood. The visual
acuity in his right eye is 20/20, and in
his left eye, 20/70. Following an
examination in 2017, his optometrist
stated, ‘‘In my professional opinion, Mr.
Maio has sufficient vision to perform
the driving tasks required to operate a
commercial vehicle.’’ Mr. Maio reported
that he has driven straight trucks for
eight years, accumulating 600,000 miles,
and tractor-trailer combinations for
eight years, accumulating 4,000 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.
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Carlos Marquez
Mr. Marquez, 49, has had a retinal
detachment in his left eye due to a
traumatic incident in 1975. The visual
acuity in his right eye is 20/20, and in
his left eye, hand motion. Following an
examination in 2017, his
ophthalmologist stated, ‘‘Mr. Carlos
Marquez has sufficient vision to perform
the driving tasks required to operate a
commercial vehicle.’’ Mr. Marquez
reported that he has driven tractortrailer combinations for ten years,
accumulating one million 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.
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Jason L. McBride
Mr. McBride, 40, has complete loss of
vision of 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 optometrist
stated, ‘‘I believe he has adequate vision
for operation of a commercial vehicle.’’
Mr. McBride reported that he has driven
tractor-trailer combinations for 16 years,
accumulating 2.4 million 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.
Dennis M. Olson
Mr. Olson, 55, has had amblyopia in
his left eye since childhood. The visual
acuity in his right eye is 20/20, and in
his left eye, 20/125. Following an
examination in 2017, his optometrist
stated, ‘‘In my medical opinion, Dennis
Olson has sufficient vision to perform
the driving tasks required to operate a
commercial vehicle.’’ Mr. Olson
reported that he has driven straight
trucks for 20 years, accumulating 10,000
miles, and tractor-trailer combinations
for 20 years, accumulating 8,000 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.
Kameron W. Quinalty
Mr. Quinalty, 27, has had macular
coloboma in his left eye since birth. The
visual acuity in his right eye is 20/20,
and in his left eye, 20/100. Following an
examination in 2017, his optometrist
stated, ‘‘Mr. Quinalty exhibits excellent
visual skills . . . in my professional
opinion, based on the testing performed
today, Mr. Quinalty should function
well enough to continue drive [sic]
commercially.’’ Mr. Quinalty reported
that he has driven straight trucks for
seven years, accumulating 17,500 miles.
He holds a Class B CDL from Arkansas.
His driving record for the last three
years shows no crashes and no
convictions for moving violations in a
CMV.
Daniel C. Sagert
Mr. Sagert, 53, has complete loss of
vision in his left eye due to a traumatic
incident 1999. 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, ‘‘In my medical opinion, after
evaluating Mr. Sagert with a formal eye
examination on 4/26/2017 and field of
vision test on 4/28/2017, Mr [sic] Sagert
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has sufficient vision to perform the
driving tasks involved with operating a
commercial vehicle.’’ Mr. Sagert
reported that he has driven straight
trucks for 17 years, accumulating
442,000 miles, and tractor-trailer
combinations for 17 years, accumulating
442,000 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.
Robert D. Steele
Mr. Steele, 55, 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, ‘‘In my opinion, this man has
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Steele reported that he has
driven tractor-trailer combinations for
37 years, accumulating 2.59 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.
Richard C. Strassburg
Mr. Strassburg, 62, has phthisis bulbi
in his right eye due to a traumatic
incident in 2013. The visual acuity in
his right eye is light perception, and in
his left eye, 20/25. Following an
examination in 2017, his
ophthalmologist stated, ‘‘I do believe
that the patient does have sufficient
vision to perform the driving tasks
required to operate a commercial
vehicle.’’ Mr. Strassburg reported that
he has driven straight trucks for 45
years, accumulating 450,000 miles,
tractor-trailer combinations for 44 years,
accumulating 3.3 million miles, and
buses for two years, accumulating
20,000 miles. He holds a Class AM CDL
from New York. His driving record for
the last three years shows no crashes
and no convictions for moving
violations in a CMV.
Jeremy E. Studebaker
Mr. Studebaker, 41, has had a
prosthetic 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 optometrist stated, ‘‘In my opinion,
Jeremy appears to have sufficient vision
in his left eye to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Studebaker reported that
he has driven straight trucks for 13
years, accumulating 130,000 miles. He
holds an operator’s license from
Indiana. His driving record for the last
E:\FR\FM\18SEN1.SGM
18SEN1
Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Notices
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.
three years shows no crashes and no
convictions for moving violations in a
CMV.
Daniel D. Woodworth
Mr. Woodworth, 56, has had
amblyopia in his left eye since
childhood. The visual acuity in his right
eye is 20/20, and in his left eye, 20/150.
Following an examination in 2017, his
optometrist stated, ‘‘In my medical
opinion, I do believe that the patient has
sufficient vision to perform the driving
task [sic] required to operate a
commercial vehicle.’’ Mr. Woodworth
reported that he has driven straight
trucks for 35 years, accumulating
700,000 miles, and tractor-trailer
combinations for 25 years, accumulating
750,000 miles. He holds an operator’s
license from Louisiana. His driving
record for the last three years shows no
crashes and no convictions for moving
violations in a CMV.
In accordance with 49 U.S.C. 31136(e)
and 31315, FMCSA requests public
comments 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.
sradovich on DSKBBY8HB2PROD with NOTICES
IV. Submitting Comments
Issued on: September 11, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017–19759 Filed 9–15–17; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
[FMCSA Docket No. FMCSA–2017–0178]
Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to exempt seven individuals
from the requirement in the Federal
Motor Carrier Safety Regulations
(FMCSRs) that interstate commercial
motor vehicle (CMV) drivers have ‘‘no
established medical history or clinical
diagnosis of epilepsy or any other
condition which is likely to cause loss
of consciousness or any loss of ability to
control a CMV.’’ The exemptions enable
these individuals who have had one or
more seizures and are taking antiseizure medication to operate CMVs in
interstate commerce.
DATES: The exemptions were applicable
on August 1, 2017. The exemptions
expire on August 1, 2019.
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 from 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.
SUMMARY:
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–2017–0023 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.
16:54 Sep 15, 2017
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–2017–0023 and click ‘‘Search.’’
Next, click ‘‘Open Docket Folder’’ and
you will find all documents and
comments related to this notice.
Federal Motor Carrier Safety
Administration
III. Request for Comments
VerDate Sep<11>2014
V. Viewing Comments and Documents
Jkt 241001
PO 00000
Frm 00138
Fmt 4703
Sfmt 4703
43651
SUPPLEMENTARY INFORMATION:
I. Electronic Access
You may see all the comments online
through the Federal Document
Management System (FDMS) at: https://
www.regulations.gov.
Docket: For access to the docket to
read background documents or
comments, go to https://
www.regulations.gov and/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.
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.
II. Background
On June 29, 2017, FMCSA published
a notice announcing receipt of
applications from seven individuals
requesting an exemption from the
epilepsy prohibition in 49 CFR
391.41(b)(8) and requested comments
from the public (82 FR 29624). The
public comment period ended on July
31, 2017, and no were received.
FMCSA has evaluated the eligibility
of these applicants and determined that
granting exemptions to these
individuals would achieve a level of
safety equivalent to or greater than the
level that would be achieved by
complying with the current regulation
49 CFR 391.41(b)(8).
The physical qualification standard
for drivers regarding epilepsy found in
49 CFR 391.41(b)(8) states that a person
is physically qualified to drive a CMV
if that person:
Has no established medical history or
clinical diagnosis of epilepsy or any other
condition which is likely to cause the loss of
consciousness or any loss of ability to control
a CMV.
In addition to the regulations, FMCSA
has published advisory criteria 1 to
assist medical examiners in determining
whether drivers with certain medical
conditions are qualified to operate a
CMV in interstate commerce. [49 CFR
part 391, APPENDIX A TO PART 391—
1 See https://www.ecfr.gov/cgi-bin/text-idx?SID=
e47b48a9ea42dd67d999246e23d97970&mc=
true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a
and https://www.gpo.gov/fdsys/pkg/CFR-2015title49-vol5/pdf/CFR-2015-title49-vol5-part391appA.pdf.
E:\FR\FM\18SEN1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 179 (Monday, September 18, 2017)]
[Notices]
[Pages 43647-43651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19759]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2017-0023]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of applications for exemption; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces receipt of applications from 25 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 October 18, 2017.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2017-0023 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 number(s) 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 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
[[Page 43648]]
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 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 25 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
Paul A. Bartels
Mr. Bartels, 73, 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/
400. Following an examination in 2017, his optometrist stated, ``In my
opinion, he has sufficient vision to perform the daily tasks required
to operate a commercial vehicle.'' Mr. Bartels reported that he has
driven tractor-trailer combinations for 17 years, accumulating 1.8
million miles. He holds an operator's license from Wisconsin. His
driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.
Harold J. Bartley, Jr.
Mr. Bartley, 49, has aphakia 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, 20/400. Following an examination in 2017, his
optometrist stated, ``Mr. Bartley has sufficient vision to drive a
commercial vehicle.'' Mr. Bartley reported that he has driven straight
trucks for 13 years, accumulating 260,000 miles, and tractor-trailer
combinations for nine years, accumulating 270,000 miles. He holds a
Class A CDL from Kentucky. His driving record for the last three years
shows no crashes and no convictions for moving violations in a CMV.
Charles C. Berns
Mr. Berns, 54, has fibrotic scarring in his right eye due to a
traumatic incident in childhood. The visual acuity in his right eye is
hand motion, and in his left eye, 20/20. Following an examination in
2017, his optometrist stated, ``It is my opinion that this patient has
stable, long-standing vision deficiency in the right eye only and has
sufficient visual acuity and peripheral vision in the left eye to
operate a commercial vehicle safely.'' Mr. Berns reported that he has
driven straight trucks for 26 years, accumulating 39,000 miles, and
tractor-trailer combinations for 56 years, accumulating 42,000 miles.
He holds a Class A CDL from Iowa. His driving record for the last three
years shows no
[[Page 43649]]
crashes and no convictions for moving violations in a CMV.
Eric L. Boyle, Jr.
Mr. Boyle, 31, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is 20/80, and in his left eye, 20/
20. Following an examination in 2017, his ophthalmologist stated,
``Based on today's exam, in my medical opinion the patient has
sufficient vision to perform driving tasks required to operate a
commercial vehicle.'' Mr. Boyle reported that he has driven straight
trucks for six years, accumulating 273,000 miles. He holds an
operator's license from Maryland. His driving record for the last three
years shows no crashes and no convictions for moving violations in a
CMV.
Jeremiah E. Casey
Mr. Casey, 37, has a cataract in his right eye due to a traumatic
incident in childhood. 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, Jeremiah Casey has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Casey reported that he has driven straight
trucks for two years, accumulating 10,000 miles, and tractor-trailer
combinations for seven years, accumulating 525,000 miles. He holds a
Class A CDL from Missouri. His driving record for the last three years
shows no crashes but one conviction for speeding in a CMV; he exceeded
the speed limit by ten mph.
Leonard M. Cassieri
Mr. Cassieri, 69, has a prosthetic right eye due to a traumatic
incident in 1975. 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, ``Patient has sufficient vision for
driving and operating a commercial vehicle.'' Mr. Cassieri reported
that he has driven straight trucks for 50 years, accumulating 110,000
miles, and tractor-trailer combinations for 50 years, accumulating
110,000 miles. He holds a Class A CDL from California. His driving
record for the last three years shows one crash, which he was not cited
for, and one conviction for speeding in a CMV; he exceeded the speed
limit by 22 mph.
Mr. Randy J. Conrad
Mr. Conrad, 63, has a prosthetic right eye due to a traumatic
incident in 1972. The visual acuity in his right eye is no light
perception, and in his left eye, 20/20. Following an examination in
2017, his optometrist stated, ``Based on these findings, I feel Randy
J. Conrad has the visual abilities to continue operating a commercial
motor vehicle in interstate commerce because the loss of his left eye
occurred in 1972 and he has been driving a commercial vehicle since
around 1973.'' Mr. Conrad reported that he has driven straight trucks
for 40 years, accumulating two million miles, and tractor-trailer
combinations for two years, accumulating 50,000 miles. He holds a Class
A CDL from Iowa. His driving record for the last three years shows no
crashes and no convictions for moving violations in a CMV.
Jimmie E. Curtis
Mr. Curtis, 36, has had retinal neovascularization in his left eye
since 2010. 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 medical opinion, he is visually capable of driving a
commercial vehicle.'' Mr. Curtis reported that he has driven straight
trucks for 16 years, accumulating 402,000 miles, and tractor-trailer
combinations for 16 years, accumulating 402,000 miles. He holds a Class
A CDL from New Mexico. His driving record for the last three years
shows no crashes and no convictions for moving violations in a CMV.
Daniel E. Delano
Mr. Delano, 60, has complete loss of vision in his right eye due to
a traumatic incident in 1990. The visual acuity in his right eye is no
light perception, and in his left eye, 20/20. Following an examination
in 2017, his optometrist stated, ``In my medical opinion, Mr. Daniel
Delano has sufficient vision to perform the driving tasks to operate a
commercial vehicle.'' Mr. Delano reported that he has driven straight
trucks for five years, accumulating 190,000 miles. He holds an
operator's license from Virginia. His driving record for the last three
years shows no crashes and no convictions for moving violations in a
CMV.
Jonathan P. Edwards
Mr. Edwards, 42, 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 optometrist stated, ``In my
medical opinion, Jonathan Edwards has sufficient vision to perform
driving tasks for a commercial vehicle.'' Mr. Edwards reported that he
has driven straight trucks for six 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.
James A. Green
Mr. Green, 61, 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 2017, his optometrist stated, ``In my
opinion, Mr. Green has sufficient vision to operate a commercial
vehicle.'' Mr. Green reported that he has driven straight trucks for 35
years, accumulating 27,335 miles. He holds a Class A CDL from Illinois.
His driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.
Richard Healy
Mr. Healy, 52, has retinal scarring in his left eye due to an
infection 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 ophthalmologist stated, ``In my medical opinion, Richard
Healy has sufficient vision to perform all driving tasks required to
operate a commercial vehicle.'' Mr. Healy reported that he has driven
straight trucks for 14 years, accumulating 560,000 miles. He holds an
operator's license from Maryland. His driving record for the last three
years shows no crashes and no convictions for moving violations in a
CMV.
Tommy G. Hillis
Mr. Hillis, 63, has had a chorioretinal scar in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, light perception. Following an examination in 2017, his
optometrist stated, ``In my medical opinion, Mr. Tommy Hillis has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Hillis reported that he has driven straight
trucks for two years, accumulating 100,000 miles, and tractor-trailer
combinations for 35 years, accumulating 2.5 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.
Richard A. Honstad
Mr. Honstad, 44, 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/
50. Following an examination in 2017, his optometrist
[[Page 43650]]
stated, ``In my opinion Richard has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Honstad
reported that he has driven straight trucks for 17 years, accumulating
144,000 miles. He holds an operator's license from Minnesota. His
driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.
Stephen M. Lovell
Mr. Lovell, 61, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is count fingers, and in his left
eye, 20/20. Following an examination in 2017, his ophthalmologist
stated, ``He is safe to operate a commercial vehicle in my opinion,
even though his vision is uniocular.'' Mr. Lovell reported that he has
driven straight trucks for 38 years, accumulating 3.23 million miles.
He holds a Class AM CDL from Texas. His driving record for the last
three years shows no crashes and no convictions for moving violations
in a CMV.
Thomas P. Maio
Mr. Maio, 30, has had amblyopia in left eye since childhood. The
visual acuity in his right eye is 20/20, and in his left eye, 20/70.
Following an examination in 2017, his optometrist stated, ``In my
professional opinion, Mr. Maio has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Maio
reported that he has driven straight trucks for eight years,
accumulating 600,000 miles, and tractor-trailer combinations for eight
years, accumulating 4,000 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.
Carlos Marquez
Mr. Marquez, 49, has had a retinal detachment in his left eye due
to a traumatic incident in 1975. The visual acuity in his right eye is
20/20, and in his left eye, hand motion. Following an examination in
2017, his ophthalmologist stated, ``Mr. Carlos Marquez has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Marquez reported that he has driven tractor-trailer
combinations for ten years, accumulating one million 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.
Jason L. McBride
Mr. McBride, 40, has complete loss of vision of 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 optometrist stated, ``I believe he has
adequate vision for operation of a commercial vehicle.'' Mr. McBride
reported that he has driven tractor-trailer combinations for 16 years,
accumulating 2.4 million 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.
Dennis M. Olson
Mr. Olson, 55, 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/
125. Following an examination in 2017, his optometrist stated, ``In my
medical opinion, Dennis Olson has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Olson
reported that he has driven straight trucks for 20 years, accumulating
10,000 miles, and tractor-trailer combinations for 20 years,
accumulating 8,000 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.
Kameron W. Quinalty
Mr. Quinalty, 27, has had macular coloboma in his left eye since
birth. The visual acuity in his right eye is 20/20, and in his left
eye, 20/100. Following an examination in 2017, his optometrist stated,
``Mr. Quinalty exhibits excellent visual skills . . . in my
professional opinion, based on the testing performed today, Mr.
Quinalty should function well enough to continue drive [sic]
commercially.'' Mr. Quinalty reported that he has driven straight
trucks for seven years, accumulating 17,500 miles. He holds a Class B
CDL from Arkansas. His driving record for the last three years shows no
crashes and no convictions for moving violations in a CMV.
Daniel C. Sagert
Mr. Sagert, 53, has complete loss of vision in his left eye due to
a traumatic incident 1999. 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, ``In my medical opinion, after evaluating
Mr. Sagert with a formal eye examination on 4/26/2017 and field of
vision test on 4/28/2017, Mr [sic] Sagert has sufficient vision to
perform the driving tasks involved with operating a commercial
vehicle.'' Mr. Sagert reported that he has driven straight trucks for
17 years, accumulating 442,000 miles, and tractor-trailer combinations
for 17 years, accumulating 442,000 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.
Robert D. Steele
Mr. Steele, 55, 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, ``In my
opinion, this man has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Steele reported that he
has driven tractor-trailer combinations for 37 years, accumulating 2.59
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.
Richard C. Strassburg
Mr. Strassburg, 62, has phthisis bulbi in his right eye due to a
traumatic incident in 2013. The visual acuity in his right eye is light
perception, and in his left eye, 20/25. Following an examination in
2017, his ophthalmologist stated, ``I do believe that the patient does
have sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Strassburg reported that he has driven
straight trucks for 45 years, accumulating 450,000 miles, tractor-
trailer combinations for 44 years, accumulating 3.3 million miles, and
buses for two years, accumulating 20,000 miles. He holds a Class AM CDL
from New York. His driving record for the last three years shows no
crashes and no convictions for moving violations in a CMV.
Jeremy E. Studebaker
Mr. Studebaker, 41, has had a prosthetic 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 optometrist
stated, ``In my opinion, Jeremy appears to have sufficient vision in
his left eye to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Studebaker reported that he has driven
straight trucks for 13 years, accumulating 130,000 miles. He holds an
operator's license from Indiana. His driving record for the last
[[Page 43651]]
three years shows no crashes and no convictions for moving violations
in a CMV.
Daniel D. Woodworth
Mr. Woodworth, 56, has had amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, 20/150. Following an examination in 2017, his optometrist stated,
``In my medical opinion, I do believe that the patient has sufficient
vision to perform the driving task [sic] required to operate a
commercial vehicle.'' Mr. Woodworth reported that he has driven
straight trucks for 35 years, accumulating 700,000 miles, and tractor-
trailer combinations for 25 years, accumulating 750,000 miles. He holds
an operator's license from Louisiana. 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 comments 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-2017-0023 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 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 https://www.regulations.gov and in the search box insert
the docket number FMCSA-2017-0023 and click ``Search.'' Next, click
``Open Docket Folder'' and you will find all documents and comments
related to this notice.
Issued on: September 11, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-19759 Filed 9-15-17; 8:45 am]
BILLING CODE 4910-EX-P
