Qualification of Drivers; Exemption Applications; Vision, 58262-58265 [2017-26595]

Agencies

• Federal Motor Carrier Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 82, Number 236 (Monday, December 11, 2017)]
[Notices]
[Pages 58262-58265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26595]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0024]


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 16 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 January 10, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2017-0024 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., 
ET, 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., ET, 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 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,

[[Page 58263]]

[email protected], 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., ET, 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 five-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 
five-year period. FMCSA grants exemptions from the FMCSRs for a two-
year period to align with the maximum duration of a driver's medical 
certification.
    The 16 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

Eric J. Andersen

    Mr. Andersen, 48, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/125, and in his 
left eye, 20/20. Following an examination in 2017, his optometrist 
stated, ``I certify that in my medical opinion, this patient has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Andersen reported that he has driven straight 
trucks for two years, accumulating 60,000 miles. He holds a Class B CDL 
from Connecticut. His driving record for the last three years shows no 
crashes and no convictions for moving violations in a CMV.

Mason M. Arends

    Mr. Arends, 40, 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/
70. Following an examination in 2017, his optometrist stated, ``Mr. 
Arends does have sufficient vision to meet the requirements for a 
commercial driving license.'' Mr. Arends reported that he has driven 
straight trucks for six years, accumulating 141,120 miles. He holds a 
Class B CDL from Colorado. His driving record for the last three years 
shows no crashes and no convictions for moving violations in a CMV.

Darin P. Ball

    Mr. Ball, 48, has had optic atrophy in his left eye since 
childhood. The visual acuity in his right eye is 20/20, and in his left 
eye, hand motion. Following an examination in 2017, his optometrist 
stated, ``It is my impression that Darin is safe to drive a commercial 
vehicle due to excellent vision OD, as is evidenced by his history of 
driving very large vehicles/equipment for the fire department.'' Mr. 
Ball reported that he has driven straight trucks for 29 years, 
accumulating 754,000 miles. He holds an operator's license from New 
York. His driving record for the last three years shows no crashes and 
no convictions for moving violations in a CMV.

Freddie L. Boyd

    Mr. Boyd, 63, has keratoconus in his left eye since 2000. 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, ``Freddie

[[Page 58264]]

has sufficient enough vision to operate a commercial vehicle.'' Mr. 
Boyd reported that he has driven tractor-trailer combinations for seven 
years, accumulating 882,000 miles. He holds a Class C CDL from 
Michigan. His driving record for the last three years shows no crashes 
and no convictions for moving violations in a CMV.

Larry W. Buchanan, Jr.

    Mr. Buchanan, 50, has had optic atrophy in his right eye since 
2000. 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, ``He has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Buchanan reported that 
he has driven straight trucks for 27 years, accumulating 140,400 miles, 
and tractor-trailer combinations for 27 years, accumulating 13,500 
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.

Gerald R. Eister

    Mr. Eister, 53, has a retinal detachment 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, hand motion. Following an examination in 
2017, his optometrist stated, ``Since he has had the central vision 
loss of the left eye since he was around 16 and has been stable and 
will continue to stay the same and knows no other difference, I feel he 
is safe to continue to operate a commercial vehicle like he has for the 
last 37 years.'' Mr. Eister reported that he has driven straight trucks 
for 32 years, accumulating 998,400 miles and tractor-trailer 
combinations for 14 years, accumulating 140,000 miles. He holds a Class 
A CDL from North Carolina. His driving record for the last three years 
shows no crashes and no convictions for moving violations in a CMV.

Joseph A. Kennedy

    Mr. Kennedy, 67, has a prosthetic left eye due to a traumatic 
incident in 2014. 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, ``Mr. Kennedy's vision of 20/15 in the right 
eye allows him to operate a commercial motor vehicle . . . '' Mr. 
Kennedy reported that he has driven buses for nine years, accumulating 
580,500 miles. He holds an operator's license from Maine. His driving 
record for the last three years shows no crashes and no convictions for 
moving violations in a CMV.

Kent E. Kirchner

    Mr. Kirchner, 48, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/125, and in his 
left eye, 20/20. Following an examination in 2017, his optometrist 
stated, ``Mr. Kirchner, in my opinion, has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Kirchner reported that he has driven tractor-trailer combinations for 
ten years, accumulating 585,000 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.

Veronica D. Lowe

    Ms. Lowe, 41, has had a corneal scar in her left eye since 2004. 
The visual acuity in her right eye is 20/20, and in her left eye, 20/
100. Following an examination in 2017, her optometrist stated, ``It is 
my professional opinion that Veronica does have sufficient vision to 
perform all driving tasks required to operate a commercial motor 
vehicle.'' Ms. Lowe reported that she has driven tractor-trailer 
combinations for five years, accumulating 375,000 miles. She holds a 
Class A CDL from Idaho. Her driving record for the last three years 
shows no crashes and no convictions for moving violations in a CMV.

Michael P. Meyer

    Mr. Meyer, 36, 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/
60. Following an examination in 2017, his optometrist stated, ``In my 
medical opinion Michael has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Meyer reported 
that he has driven straight trucks for 21 years, accumulating 168,000 
miles, and buses for ten years, accumulating 2,000 miles. He holds an 
operator's license from Wisconsin. His driving record for the last 
three years shows no crashes and one conviction for a moving violation 
in a CMV; he exceeded the speed limit by 15 mph.

Christopher T. Peevyhouse

    Mr. Peevyhouse, 39, 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, 
``Chris continues to have sufficient vision to perform the tasks of 
operating a commercial vehicle.'' Mr. Peevyhouse reported that he has 
driven straight trucks for nine years, accumulating 166,500 miles. He 
holds a Class A CDL from Tennessee. His driving record for the last 
three years shows no crashes and no convictions for moving violations 
in a CMV.

William L. Richardson Jr.

    Mr. Richardson, 34, has a retinal scar in his left eye due to a 
traumatic incident in 1999. The visual acuity in his right eye is 20/
15, and in his left eye, light perception. Following an examination in 
2017, his optometrist stated, ``Mr. Richardson has sufficient visual 
ability to operate a Commercial Vehicle.'' Mr. Richardson reported that 
he has driven straight trucks for 15 years, accumulating 117,000 miles. 
He holds an operator's license from Indiana. His driving record for the 
last three years shows no crashes and no convictions for moving 
violations in a CMV.

Russell J. Soland

    Mr. Soland, 64, has had a corneal scar in his right eye due to a 
traumatic incident in 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, ``In my opinion, he has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Soland reported that he has driven straight trucks for 14 years, 
accumulating 84,000 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.

William L. Sunkler

    Mr. Sunkler, 52, has had nystagmus in his right eye since birth. 
The visual acuity in his right eye is 20/60, and in his left eye, 20/
25. Following an examination in 2017, his optometrist stated, ``Patient 
demonstrates sufficient vision to operate a commercial vehicle with 
corrective lenses'' Mr. Sunkler reported that he has driven tractor-
trailer combinations for 30 years, accumulating 2.1 million miles. He 
holds a Class A CDL from Oregon. His driving record for the last three 
years shows no crashes and no convictions for moving violations in a 
CMV.

Brian J. Tegeler

    Mr. Tegeler, 55, has macular edema in his left eye since 2013. The 
visual acuity in his right eye is 20/20, and in his left eye, 20/50. 
Following an examination in 2017, his optometrist stated, ``In my 
professional opinion, Mr. Brian Tegeler

[[Page 58265]]

has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Tegeler reported that he has driven 
straight trucks for 36 years, accumulating 288,000 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.

William H. Wrice, Jr.

    Mr. Wrice, 51, has had a chorioretinal scar in his right eye since 
2012. 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 opinion the candidate's vision function is sufficient to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Wrice reported that he has driven straight trucks for ten years, 
accumulating 120,000 miles, and tractor-trailer combinations for two 
years, accumulating 60,000 miles. He holds a Class A CDL from Ohio. His 
driving record for the last three years shows no crashes and no 
convictions for moving violations in a CMV.

III. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests 
public comment from all interested persons on the exemption petitions 
described in this notice. We will consider all comments and material 
received before the close of business on the closing date indicated in 
the dates section of the notice.

IV. Submitting Comments

    You may submit your comments and material online or by fax, mail, 
or hand delivery, but please use only one of these means. FMCSA 
recommends that you include your name and a mailing address, an email 
address, or a phone number in the body of your document so that FMCSA 
can contact you if there are questions regarding your submission.
    To submit your comment online, go to https://www.regulations.gov and 
in the search box insert the docket number FMCSA-2017-0024 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-2017-0024 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: December 4, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-26595 Filed 12-8-17; 8:45 am]
 BILLING CODE 4910-EX-P