Qualification of Drivers; Exemption Applications; Vision, 2292-2295 [2018-00601]
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Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices
ICD has been implanted as a primary or
secondary preventive measure.
the Agency’s recent denials as required
under 49 U.S.C. 31315(b)(4).
IV. Basis for Exemption Determination
Issued on: January 5, 2018.
Larry W. Minor,
Associate Administrator for Policy.
Under 49 U.S.C.31136(e) and 31315,
FMCSA may grant an exemption if it
finds such an exemption would likely
achieve a level of safety that is
equivalent to, or greater then, the level
that would be achieved absent such an
exemption.
The Agency’s decision regarding these
exemption applications is based on an
individualized assessment of each
applicant’s medical information
provided by the applicant, available
medical and scientific data concerning
ICDs, and public comments received.
In the case of persons with ICDs, the
underlying condition for which the ICD
was implanted places the individual at
high risk for syncope (a transient loss of
consciousness) or other unpredictable
events known to result in gradual or
sudden incapacitation. ICDs may
discharge, which could result in loss of
ability to safely control a CMV. See the
April 2007 Evidence Report on
Cardiovascular Disease and Commercial
Motor vehicle Driver Safety, April
2007.1 A focused research report on
Implantable Cardioverter Defibrillators
and the Impact of a Shock on a Patient
When Deployed completed for the
FMCSA December 2014 indicates that
the available scientific data on persons
with ICDs and CMV driving does not
support that persons with ICDs who
operate CMVs are able to meet an equal
or greater level of safety and upholds
the findings of the April 2007 report.
V. Conclusion
The Agency has determined that the
available medical and scientific
literature and research provides
insufficient data to enable the Agency to
conclude that granting these exemptions
would achieve a level of safety
equivalent to, or greater than, the level
of safety maintained without the
exemption. Therefore, the following two
applicants have been denied
exemptions from the physical
qualification standards in 49 CFR
391.41(b)(4):
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Justin D. Dale (IA)
Raymond M. Loffredo (PA)
Each applicant has, prior to this
notice, received a letter of final
disposition regarding his/her exemption
request. Those decision letters fully
outlined the basis for the denial and
constitutes final action by the Agency.
The list published today summarizes
1 Now available at https://ntl.bts.gov/lib/30000/
30100/30123/Final_CVD_Evidence_Report_v2.pdf.
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[FR Doc. 2018–00560 Filed 1–12–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2017–0027]
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 14 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 February 15, 2018.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2017–0027 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
SUMMARY:
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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 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 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., 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:
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 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 twoyear period to align with the maximum
duration of a driver’s medical
certification.
The 14 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
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Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices
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
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
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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
Jordan N. Bean
Mr. Bean, 31, has macular scarring in
his right eye due to a traumatic incident
in 2009. 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 medical
opinion, Jordan has sufficient vision to
perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
Bean reported that he has driven
straight trucks for seven years,
accumulating 14,000 miles, and tractortrailer combinations for five years,
accumulating 10,000 miles. He holds a
Class A CDL from North Dakota. His
driving record for the last three years
shows no crashes and no convictions for
moving violations in a CMV.
Robert J. Bower
Mr. Bower, 45, has had amblyopia in
his left eye since childhood. The visual
acuity in his right eye is 20/20, and in
his left eye, count fingers. Following an
examination in 2017, his
ophthalmologist stated, ‘‘There is
sufficient vision to perform the driving
tasks required to operate a commercial
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vehicle with proper mirrors.’’ Mr. Bower
reported that he has driven straight
trucks for 29 years, accumulating
870,000 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.
James E. Bragg
Mr. Bragg, 54, has had amblyopia in
his right eye since birth. The visual
acuity in his right eye is 20/80, and in
his left eye, 20/20. Following an
examination in 2017, his optometrist
stated, ‘‘James Bragg has sufficient
vision to perform the driving tasks
required to operate a commercial
vehicle.’’ Mr. Bragg reported that he has
driven straight trucks for one year,
accumulating 26,000 miles, and tractortrailer combinations for 20 years,
accumulating 2.9 million miles. He
holds a Class A CDL from West Virginia.
His driving record for the last three
years shows no crashes and no
convictions for moving violations in a
CMV.
Lee S. Brown, Jr.
Mr. Brown, 36, has had amblyopia in
his left eye since childhood. The visual
acuity in his right eye is 20/30, and in
his left eye, 20/80. Following an
examination in 2017, his optometrist
stated, ‘‘I certify that Mr. Lee’s best
corrected vision in his right eye only
meets the requirement provided by the
Vision Exemption Program.’’ Mr. Lee
reported that he has driven straight
trucks for six years, accumulating
120,000 miles. He holds a Class B CDL
from Maine. His driving record for the
last three years shows no crashes and no
convictions for moving violations in a
CMV.
Thomas Buker
Mr. Buker, 57, has had retinal scarring
in his left eye since 1992. 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, he has sufficient
vision to continue to drive a commercial
vehicle, which he has done for years.’’
Mr. Buker reported that he has driven
tractor-trailer combinations for 28 years,
accumulating 2.6 million miles. He
holds a Class ABCD CDL from
Wisconsin. His driving record for the
last three years shows one crash, which
he was not cited for, and no convictions
for moving violations in a CMV.
Robert A. Dicker
Mr. Dicker, 60, has had glaucoma in
his right eye since 2009. The visual
acuity in his right eye is 20/100, and in
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his left eye, 20/20. Following an
examination in 2017, his
ophthalmologist stated, ‘‘It is my
medical opinion that Mr. Dicker’s visual
function is sufficient to operate a
commercial vehicle in all
circumstances.’’ Mr. Dicker reported
that he has driven tractor-trailer
combinations for 13 years, accumulating
1.3 million miles. He holds a Class A
CDL from Maine. His driving record for
the last three years shows no crashes
and no convictions for moving
violations in a CMV.
James D. Evans
Mr. Evans, 60, has had a prosthetic
right eye due to a traumatic incident in
1987. 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, ‘‘The
examination and testing reveal that Mr.
Evans has sufficient vision to perform
the driving tasks required to operate a
commercial vehicle safely.’’ Mr. Evans
reported that he has driven straight
trucks for 40 years, accumulating
320,000 miles, and tractor-trailer
combinations for 30 years, accumulating
360,000 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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Spencer L. Goard
Mr. Goard, 79, has had optic atrophy
in his right eye since childhood. The
visual acuity in his right eye is 20/25,
and in his left eye, counting fingers.
Following an examination in 2017, his
optometrist stated, ‘‘He meets the visual
acuity requirements. I find Mr. Goard to
be a quality and reliable person, I hope
you will give him every opportunity to
prove himself within the bounds of the
federal guidelines.’’ Mr. Goard reported
that he has driven tractor-trailer
combinations for 30 years, accumulating
three million 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.
Gregory C. Grubb
Mr. Grubb, 26, 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 professional opinion, Mr.
Grubb has sufficient vision to perform
the driving tasks associated with
operating a commercial vehicle.’’ Mr.
Grubb reported that he has driven
tractor-trailer combinations for five
years, accumulating 104,000 miles. He
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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.
Charles K. Klinglesmith
Mr. Klinglesmith, 56, has had a retinal
detachment in his right eye since 2008.
The visual acuity in his right eye is 20/
100, and in his left eye, 20/20.
Following an examination in 2017, his
ophthalmologist stated, ‘‘The patient
has sufficient vision to operate a
commercial motor vehicle.’’ Mr.
Klinglesmith reported that he has driven
straight trucks for 35 years,
accumulating 350,000 miles, and
tractor-trailer combinations for 34 years,
accumulating 238,000 miles. He holds a
Class DA CDL from Kentucky. His
driving record for the last three years
shows no crashes and one conviction for
speeding in a CMV; he exceeded the
speed limit by five mph.
Freddy E. Parker
Mr. Parker, 70, has had amblyopia in
his left eye since childhood. The visual
acuity in his right eye is 20/30, and in
his left eye, 20/300. Following an
examination in 2017, his optometrist
stated, ‘‘It is my opinion that Mr. Parker
has sufficient vision to perform the
driving tasks required to operate a
commercial vehicle.’’ Mr. Parker
reported that he has driven straight
trucks for 54 years, accumulating 2.16
million miles, and tractor-trailer
combinations for 24 years, accumulating
1.32 million miles. He holds a Class A
CDL from Nevada. His driving record for
the last three years shows no crashes
and no convictions for moving
violations in a CMV.
Douglas E. Porter
Mr. Porter, 52, has had amblyopia in
his right eye since childhood. The
visual acuity in his right eye is 20/200,
and in his left eye, 20/25. Following an
examination in 2017, his optometrist
stated, ‘‘Patient appears to have
sufficient vision, to perform driving
tasks in order to operate a commercial
vehicle.’’ Mr. Porter reported that he has
driven straight trucks for 16 years,
accumulating 480,000 miles. He holds a
Class CB CDL from Michigan. His
driving record for the last three years
shows no crashes and no convictions for
moving violations in a CMV.
Roy E. Robertson
Mr. Robertson, 49, has had a retinal
vein occlusion in his right eye since
2009. The visual acuity in his right eye
is 20/70, and in his left eye, 20/20.
Following an examination in 2017, his
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optometrist stated, ‘‘I certify in my
medical opinion that Mr. Roy Robertson
has sufficient vision to perform the
driving tasks required to operate a
commercial vehicle safely.’’ Mr.
Robertson reported that he has driven
straight trucks for four years,
accumulating 300,000 miles, and
tractor-trailer combinations for 25 years,
accumulating 2.5 million miles. He
holds a Class A CDL from Georgia. His
driving record for the last three years
shows no crashes and no convictions for
moving violations in a CMV.
Daniel E. Sharp
Mr. Sharp, 48, has a macular scar in
his right eye due to a traumatic incident
in 2009. 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, ‘‘In
summary his vision with both eyes has
been and continues to be sufficient for
his driving requirements for a
commercial vehicle.’’ Mr. Sharp
reported that he has driven straight
trucks for 14 years, accumulating
280,000 miles, and tractor-trailer
combinations for 12 years, accumulating
96,000 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–2017–0027 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
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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–2017–0027 and click ‘‘Search.’’
Next, click ‘‘Open Docket Folder’’ and
you will find all documents and
comments related to this notice.
Issued on: January 5, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–00601 Filed 1–12–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2006–25751; FMCSA–
2011–0193; FMCSA–2011–0194; FMCSA–
2013–0183; FMCSA–2013–0186; FMCSA–
2013–0189; FMCSA–2015–0067; FMCSA–
2015–0068; FMCSA–2015–0069]
Qualification of Drivers; Exemption
Applications; Diabetes
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of renewal of
exemptions; request for comments.
AGENCY:
FMCSA announces its
decision to renew exemptions for 169
individuals from its prohibition in the
Federal Motor Carrier Safety
Regulations (FMCSRs) against persons
with insulin-treated diabetes mellitus
(ITDM) from operating commercial
motor vehicles (CMVs) in interstate
commerce. The exemptions enable these
individuals with ITDM to continue to
operate CMVs in interstate commerce.
DATES: Each group of renewed
exemptions were applicable on the
dates stated in the discussions below
and will expire on the dates stated in
the discussions below. Comments must
be received on or before February 15,
2018.
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SUMMARY:
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You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2006–25751; FMCSA–2011–0193;
FMCSA–2011–0194; FMCSA–2013–
0183; FMCSA–2013–0186; FMCSA–
2013–0189; FMCSA–2015–0067;
FMCSA–2015–0068; FMCSA–2015–
0069 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
e.t., 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
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.
ADDRESSES:
Ms.
Christine A. Hydock, Chief, Medical
Programs Division, 202–366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
FOR FURTHER INFORMATION CONTACT:
PO 00000
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2295
New Jersey Avenue SE, Room W64–224,
Washington, DC 20590–0001. Office
hours are from 8:30 a.m. to 5:30 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 for five
years 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 twoyear period to align with the maximum
duration of a driver’s medical
certification.
The physical qualification standard
for drivers regarding diabetes found in
49 CFR 391.41(b)(3) states that a person
is physically qualified to drive a CMV
if that person has no established
medical history or clinical diagnosis of
diabetes mellitus currently requiring
insulin for control.
The 169 individuals listed in this
notice have requested renewal of their
exemptions from the diabetes standard
in 49 CFR 391.41(b)(3), in accordance
with FMCSA procedures. Accordingly,
FMCSA has evaluated these
applications for renewal on their merits
and decided to extend each exemption
for a renewable two-year period.
II. Request for Comments
Interested parties or organizations
possessing information that would
otherwise show that any, or all, of these
drivers are not currently achieving the
statutory level of safety should
immediately notify FMCSA. The
Agency will evaluate any adverse
evidence submitted and, if safety is
being compromised or if continuation of
the exemption would not be consistent
with the goals and objectives of 49
U.S.C. 31136(e) and 31315, FMCSA will
take immediate steps to revoke the
exemption of a driver.
III. Basis for Renewing Exemptions
Under 49 U.S.C. 31315(b)(1), an
exemption may be granted for no longer
than two years from its approval date
and may be renewed upon application.
In accordance with 49 U.S.C. 31136(e)
and 31315, each of the 169 applicants
has satisfied the renewal conditions for
obtaining an exemption from the
diabetes requirement (71 FR 58464; 71
FR 67201; 76 FR 61140; 76 FR 63295;
E:\FR\FM\16JAN1.SGM
16JAN1
]]>Agencies
[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)]
[Notices]
[Pages 2292-2295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00601]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2017-0027]
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 14 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 February 15, 2018.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2017-0027 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, [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 14 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
[[Page 2293]]
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
Jordan N. Bean
Mr. Bean, 31, has macular scarring in his right eye due to a
traumatic incident in 2009. 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 medical opinion, Jordan has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Bean reported that he has driven straight trucks for
seven years, accumulating 14,000 miles, and tractor-trailer
combinations for five years, accumulating 10,000 miles. He holds a
Class A CDL from North Dakota. His driving record for the last three
years shows no crashes and no convictions for moving violations in a
CMV.
Robert J. Bower
Mr. Bower, 45, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, count
fingers. Following an examination in 2017, his ophthalmologist stated,
``There is sufficient vision to perform the driving tasks required to
operate a commercial vehicle with proper mirrors.'' Mr. Bower reported
that he has driven straight trucks for 29 years, accumulating 870,000
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.
James E. Bragg
Mr. Bragg, 54, has had amblyopia in his right eye since birth. The
visual acuity in his right eye is 20/80, and in his left eye, 20/20.
Following an examination in 2017, his optometrist stated, ``James Bragg
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Bragg reported that he has driven straight
trucks for one year, accumulating 26,000 miles, and tractor-trailer
combinations for 20 years, accumulating 2.9 million miles. He holds a
Class A CDL from West Virginia. His driving record for the last three
years shows no crashes and no convictions for moving violations in a
CMV.
Lee S. Brown, Jr.
Mr. Brown, 36, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/30, and in his left eye, 20/
80. Following an examination in 2017, his optometrist stated, ``I
certify that Mr. Lee's best corrected vision in his right eye only
meets the requirement provided by the Vision Exemption Program.'' Mr.
Lee reported that he has driven straight trucks for six years,
accumulating 120,000 miles. He holds a Class B CDL from Maine. His
driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.
Thomas Buker
Mr. Buker, 57, has had retinal scarring in his left eye since 1992.
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, he has sufficient vision to continue to drive a commercial
vehicle, which he has done for years.'' Mr. Buker reported that he has
driven tractor-trailer combinations for 28 years, accumulating 2.6
million miles. He holds a Class ABCD CDL from Wisconsin. His driving
record for the last three years shows one crash, which he was not cited
for, and no convictions for moving violations in a CMV.
Robert A. Dicker
Mr. Dicker, 60, has had glaucoma in his right eye since 2009. The
visual acuity in his right eye is 20/100, and in
[[Page 2294]]
his left eye, 20/20. Following an examination in 2017, his
ophthalmologist stated, ``It is my medical opinion that Mr. Dicker's
visual function is sufficient to operate a commercial vehicle in all
circumstances.'' Mr. Dicker reported that he has driven tractor-trailer
combinations for 13 years, accumulating 1.3 million miles. He holds a
Class A CDL from Maine. His driving record for the last three years
shows no crashes and no convictions for moving violations in a CMV.
James D. Evans
Mr. Evans, 60, has had a prosthetic right eye due to a traumatic
incident in 1987. 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, ``The examination and testing reveal that
Mr. Evans has sufficient vision to perform the driving tasks required
to operate a commercial vehicle safely.'' Mr. Evans reported that he
has driven straight trucks for 40 years, accumulating 320,000 miles,
and tractor-trailer combinations for 30 years, accumulating 360,000
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.
Spencer L. Goard
Mr. Goard, 79, has had optic atrophy in his right eye since
childhood. The visual acuity in his right eye is 20/25, and in his left
eye, counting fingers. Following an examination in 2017, his
optometrist stated, ``He meets the visual acuity requirements. I find
Mr. Goard to be a quality and reliable person, I hope you will give him
every opportunity to prove himself within the bounds of the federal
guidelines.'' Mr. Goard reported that he has driven tractor-trailer
combinations for 30 years, accumulating three million 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.
Gregory C. Grubb
Mr. Grubb, 26, 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
professional opinion, Mr. Grubb has sufficient vision to perform the
driving tasks associated with operating a commercial vehicle.'' Mr.
Grubb reported that he has driven tractor-trailer combinations for five
years, accumulating 104,000 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.
Charles K. Klinglesmith
Mr. Klinglesmith, 56, has had a retinal detachment in his right eye
since 2008. The visual acuity in his right eye is 20/100, and in his
left eye, 20/20. Following an examination in 2017, his ophthalmologist
stated, ``The patient has sufficient vision to operate a commercial
motor vehicle.'' Mr. Klinglesmith reported that he has driven straight
trucks for 35 years, accumulating 350,000 miles, and tractor-trailer
combinations for 34 years, accumulating 238,000 miles. He holds a Class
DA CDL from Kentucky. His driving record for the last three years shows
no crashes and one conviction for speeding in a CMV; he exceeded the
speed limit by five mph.
Freddy E. Parker
Mr. Parker, 70, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/30, and in his left eye, 20/
300. Following an examination in 2017, his optometrist stated, ``It is
my opinion that Mr. Parker has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Parker reported
that he has driven straight trucks for 54 years, accumulating 2.16
million miles, and tractor-trailer combinations for 24 years,
accumulating 1.32 million miles. He holds a Class A CDL from Nevada.
His driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.
Douglas E. Porter
Mr. Porter, 52, 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/
25. Following an examination in 2017, his optometrist stated, ``Patient
appears to have sufficient vision, to perform driving tasks in order to
operate a commercial vehicle.'' Mr. Porter reported that he has driven
straight trucks for 16 years, accumulating 480,000 miles. He holds a
Class CB CDL from Michigan. His driving record for the last three years
shows no crashes and no convictions for moving violations in a CMV.
Roy E. Robertson
Mr. Robertson, 49, has had a retinal vein occlusion in his right
eye since 2009. 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, ``I certify in my medical opinion that Mr. Roy Robertson has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle safely.'' Mr. Robertson reported that he has driven
straight trucks for four years, accumulating 300,000 miles, and
tractor-trailer combinations for 25 years, accumulating 2.5 million
miles. He holds a Class A CDL from Georgia. His driving record for the
last three years shows no crashes and no convictions for moving
violations in a CMV.
Daniel E. Sharp
Mr. Sharp, 48, has a macular scar in his right eye due to a
traumatic incident in 2009. 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, ``In summary his vision with both eyes has been
and continues to be sufficient for his driving requirements for a
commercial vehicle.'' Mr. Sharp reported that he has driven straight
trucks for 14 years, accumulating 280,000 miles, and tractor-trailer
combinations for 12 years, accumulating 96,000 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-2017-0027 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
[[Page 2295]]
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-2017-0027 and click ``Search.'' Next, click
``Open Docket Folder'' and you will find all documents and comments
related to this notice.
Issued on: January 5, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-00601 Filed 1-12-18; 8:45 am]
BILLING CODE 4910-EX-P
