Qualification of Drivers; Exemption Applications; Vision, 6681-6685 [2018-03034]
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Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
• Fax: 1–202–493–2251.
• Each submission must include the
Agency name and the docket number for
this notice. Note that DOT posts all
comments received without change to
www.regulations.gov, including any
personal information included in a
comment. Please see the Privacy Act
heading below.
Docket: For access to the docket to
read background documents or
comments, go to www.regulations.gov at
any time or visit 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 on-line FDMS is available
24 hours each day, 365 days each year.
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 www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: For
information concerning this notice,
contact Mr. Tom Yager, Chief, FMCSA
Driver and Carrier Operations Division;
Office of Carrier, Driver and Vehicle
Safety Standards; Telephone: 614–942–
6477. Email: MCPSD@dot.gov. If you
have questions on viewing or submitting
material to the docket, contact Docket
Services, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
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I. Public Participation and Request for
Comments
FMCSA encourages you to participate
by submitting comments and related
materials. If you submit a comment,
please include the docket number for
this notice (FMCSA–2018–0003),
indicate the specific section of this
document to which the comment
applies, and provide a reason for
suggestions or recommendations. 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 the Agency can contact you if it has
questions regarding your submission.
To submit your comments online, go
to www.regulations.gov and put the
docket number, ‘‘FMCSA–2018–0003’’
in the ‘‘Keyword’’ box, and click
‘‘Search.’’ When the new screen
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appears, click on ‘‘Comment Now!’’
button and type your comment into the
text box in the following screen. Choose
whether you are submitting your
comment as an individual or on behalf
of a third party and then submit. 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, self-addressed postcard or
envelope. FMCSA will consider all
comments and material received during
the comment period.
II. Legal Basis
FMCSA has authority under 49 U.S.C.
31136(e) and 31315 to grant exemptions
from certain parts of the Federal Motor
Carrier Safety Regulations (FMCSRs).
FMCSA must publish a notice of each
exemption request in the Federal
Register (49 CFR 381.315(a)). The
Agency must provide the public an
opportunity to inspect the information
relevant to the application, including
any safety analyses that have been
conducted. The Agency must also
provide an opportunity for public
comment on the request.
The Agency reviews safety analyses
and public comments submitted, and
determines whether granting the
exemption would likely achieve a level
of safety equivalent to, or greater than,
the level that would be achieved by the
current regulation (49 CFR 381.305).
The decision of the Agency must be
published in the Federal Register (49
CFR 381.315(b)) with the reasons for
denying or granting the application and,
if granted, the name of the person or
class of persons receiving the
exemption, and the regulatory provision
from which the exemption is granted.
The notice must also specify the
effective period and explain the terms
and conditions of the exemption. The
exemption may be renewed (49 CFR
381.300(b)).
III. Request for Exemption
The HOS rules (49 CFR part 395)
prescribe the drive-time limits and rest
requirements for interstate drivers of
CMVs. The rules also require most
drivers of CMVs in interstate commerce,
and their motor carriers, to use ELDs—
not handwritten logbooks—to document
their HOS duty status (49 CFR
395.8(a)(1)(i)).
NECA’s 4,000 members are
contractors who install, repair and
maintain the infrastructure of electrical
utilities. The contractors employ line
workers who drive utility-service CMVs
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during their duty day. NECA states that
the number of CMV drivers who would
be eligible for this exemption is difficult
to estimate; it states that the fleet of one
‘‘large’’ contractor consists of 13,766
CMVs.
NECA seeks exemption from the
requirement that motor carriers and
their CMV drivers use an ELD to record
driver HOS. The actual operation of the
CMVs by the line workers is so limited
that the ELD requirement is triggered
infrequently. By this application for
exemption, NECA seeks greater
‘‘consistency’’ in the regulatory
environment in which its line workers
operate. It states that it is
‘‘cumbersome’’ to meet the costs and
logistical challenges of recording HOS
electronically, and that the resulting
safety benefit is negligible given the
limited scope of the CMV operations of
this industry. NECA states that if
provided the exemption, its CMV
drivers would remain fully subject to
the HOS standards and continue to
record their HOS on the customary
paper RODS. NECA states that its
operations under the exemption would
achieve a level of safety equivalent to,
or greater than, the level that would be
achieved absent the proposed
exemption. A copy of NECA’s
application for exemption is available
for review in the docket for this notice.
Issued on: February 7, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–03063 Filed 2–13–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2017–0028]
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 23 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.
SUMMARY:
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Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices
Comments must be received on
or before March 16, 2018.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2017–0028 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
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.
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DATES:
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.,
FOR FURTHER INFORMATION CONTACT:
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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 twoyear period to align with the maximum
duration of a driver’s medical
certification.
The 23 individuals listed in this
notice have requested an exemption
from the vision requirement in 49 CFR
391.41(b)(10). Accordingly, the Agency
will evaluate the qualifications of each
applicant to determine whether granting
an exemption will achieve the required
level of safety mandated by statute.
The physical qualification standard
for drivers regarding vision found in 49
CFR 391.41(b)(10) states that a person is
physically qualified to drive a CMV if
that person has distant visual acuity of
at least 20/40 (Snellen) in each eye
without corrective lenses or visual
acuity separately corrected to 20/40
(Snellen) or better with corrective
lenses, distant binocular acuity of at
least 20/40 (Snellen) in both eyes with
or without corrective lenses, field of
vision of at least 70° in the horizontal
Meridian in each eye, and the ability to
recognize the colors of traffic signals
and devices showing standard red,
green, and amber.
In July 1992, the Agency first
published the criteria for the Vision
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).
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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
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the first two years with their
experiences in the final year.
II. Qualifications of Applicants
Michael W. Belknap
Mr. Belknap, 52, has had amblyopia
in his right eye since birth. The visual
acuity in his right eye is 20/150, and in
his left eye, 20/20. Following an
examination in 2017, his optometrist
stated, ‘‘Based upon my examination
and with due regard for public safety, it
is my decision that Mr. Belknap’s
eyesight is sufficient to perform the
driving tasks required to operate a
commercial vehicle.’’ Mr. Belknap
reported that he has driven straight
trucks for 35 years, accumulating
525,000 miles, and tractor-trailer
combinations for 35 years, accumulating
262,500 miles. He holds a Class A CDL
from Vermont. His driving record for the
last three years shows no crashes and no
convictions for moving violations in a
CMV.
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Scott M. Cavanaugh
Mr. Cavanaugh, 33, has had
nystagmus in his left eye since birth.
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, ‘‘Therefore, it is my opinion that
Scott has sufficient vision to perform
the driving tasks required to operate a
commercial motor vehicle.’’ Mr.
Cavanaugh reported that he has driven
straight trucks for 12 years,
accumulating 108,000 miles. He holds
an operator’s license from Oklahoma.
His driving record for the last three
years shows no crashes and no
convictions for moving violations in a
CMV.
James M. Ferry
Mr. Ferry, 52, has a retinal
detachment in his right eye due to a
traumatic incident in 1991. The visual
acuity in his right eye is 20/150, and in
his left eye, 20/20. Following an
examination in 2017, his optometrist
stated, ‘‘In summary, it is my opinion
that Mr. James Ferry meets the tasks
required to operate a commercial
vehicle.’’ Mr. Ferry reported that he has
driven straight trucks for 33 years,
accumulating 825,000 miles, and
tractor-trailer combinations for 31 years,
accumulating 2.17 million 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.
Jacob A. Hehr
Mr. Hehr, 27, has had amblyopia in
his left eye since childhood. The visual
acuity in his right eye is 20/20, and in
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his left eye, count fingers. Following an
examination in 2017, his
ophthalmologist stated, ‘‘Vision is
sufficient to operate a commercial
vehicle per Sheridan Lam, MD.’’ Mr.
Hehr reported that he has driven
straight trucks for eight years,
accumulating 108,000 miles, and
tractor-trailer combinations for three
years, accumulating 36,000 miles. He
holds a Class AM CDL from Illinois. His
driving record for the last three years
shows no crashes and no convictions for
moving violations in a CMV.
Mike B. Houston
Mr. Houston, 42, has a corneal scar in
his right eye due to a traumatic incident
in childhood. The visual acuity in his
right eye is 20/400, and in his left eye,
20/20. Following an examination in
2017, his ophthalmologist stated,
‘‘Despite the fact Mr. Houston has a
corneal scar in his right eye, in my
medical opinion he has sufficient vision
to perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
Houston reported that he has driven
straight trucks for ten years,
accumulating 400,000 miles, and
tractor-trailer combinations for ten
years, accumulating 400,000 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.
Marvin R. Knecht
Mr. Knecht, 67, 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
stated, ‘‘Marvin has adequate vision to
pass the commercial driving standards.’’
Mr. Knecht reported that he has driven
straight trucks for 50 years,
accumulating 525,000 miles, and
tractor-trailer combinations for 45 years,
accumulating 3.6 million miles. He
holds a Class A CDL from North Dakota.
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 20 mph.
Paul H. Knott
Mr. Knott, 51, has complete loss of
vision in his left eye due to a traumatic
incident in 1987. 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 professional opinion,
considering the longevity of his driving
career, the longstanding, stable nature of
his eye condition, and his ability to
meet the requirements for CDL
licensure, I also believe Mr. Scott is
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capable of safely and properly operating
his vehicle(s).’’ Mr. Knott reported that
he has driven straight trucks for 30
years, accumulating 900,000 miles. He
holds an operator’s license from North
Dakota. His driving record for the last
three years shows no crashes and no
convictions for moving violations in a
CMV.
Randolph W. Lewis
Mr. Lewis, 55, has had amblyopia in
his left eye since birth. The visual acuity
in his right eye is 20/15, and in his left
eye, 20/60. Following an examination in
2017, his optometrist stated, ‘‘In my
opinion these findings demonstrate that
the patient has sufficient vision to
perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
Lewis reported that he has driven
straight trucks for four years,
accumulating 80,000 miles, and tractortrailer combinations for 29 years,
accumulating 1.45 million miles. He
holds a Class A CDL from California.
His driving record for the last three
years shows no crashes and no
convictions for moving violations in a
CMV.
John M. Moore
Mr. Moore, 51, has complete loss of
vision in his right eye due to melanoma.
The visual acuity in his right eye is no
light perception, and in his left eye, 20/
20. Following an examination in 2017,
his ophthalmologist stated, ‘‘He has
sufficient vision to perform his driving
task under a commercial vehicle.’’ Mr.
Moore reported that he has driven
straight trucks for 25 years,
accumulating 500,000 miles, and
tractor-trailer combinations for 25 years,
accumulating 2 million 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.
Martin Munoz
Mr. Munoz, 45, has had amblyopia in
his right eye since childhood. The
visual acuity in his right eye is 20/50,
and in his left eye, 20/20. Following an
examination in 2017, his optometrist
stated, ‘‘I certify that in my opinion, Mr.
Munoz has sufficient vision to perform
the driving tasks required to operate a
commercial vehicle.’’ Mr. Munoz
reported that he has driven straight
trucks for seven years, accumulating
94,500 miles. He holds an operator’s
license from Texas. His driving record
for the last three years shows no crashes
and no convictions for moving
violations in a CMV.
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Edwin Quiles
Mr. Quiles, 58, has retinal scarring in
his left eye due to a traumatic incident
in 1977. The visual acuity in his right
eye is 20/20, and in his left eye, 20/250.
Following an examination in 2017, his
optometrist stated, ‘‘It is my opinion
that Mr. Quiles has adequate vision to
operate a commercial vehicle.’’ Mr.
Quiles reported that he has driven
straight trucks for five years,
accumulating 75,000 miles, and tractortrailer combinations for 35 years,
accumulating 2.9 million miles. He
holds a Class A CDL from Florida. His
driving record for the last three years
shows no crashes and no convictions for
moving violations in a CMV.
Vernon L. Reed
Mr. Reed, 61, has had a branch retinal
vein occlusion in his left eye since 2014.
The visual acuity in his right eye is 20/
20, and in his left eye, 20/80. Following
an examination in 2017, his
ophthalmologist stated, ‘‘I believe that
Vernon Reed has sufficient vision to
perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
Reed reported that he has driven
straight trucks for 12 years,
accumulating 192,000 miles, and
tractor-trailer combinations for 36 years,
accumulating 3.6 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.
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Joshua A. Rhynd
Mr. Rhynd, 27, 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, ‘‘He does have sufficient vision
to perform the commercial driving tasks
required.’’ Mr. Rhynd reported that he
has driven straight trucks for four years,
accumulating 520,000 miles, and
tractor-trailer combinations for five
years, accumulating 1.12 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.
Douglass L. Riddell
Mr. Riddell, 62, has had amblyopia in
his left eye since birth. 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, ‘‘This
letter certifies that Douglas L. Riddell in
my medical opinion has sufficient
vision to perform the driving tasks
required to safely operate a commercial
vehicle.’’ Mr. Riddell reported that he
has driven straight trucks for 30 years,
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accumulating 540,000 miles, and
tractor-trailer combinations for 15 years,
accumulating 120,000 miles. He holds a
Class AM1 CDL from California. His
driving record for the last three years
shows no crashes and no convictions for
moving violations in a CMV.
Michael C. Stevelman
Mr. Stevelman, 25, has had amblyopia
in his right eye since childhood. The
visual acuity in his right eye is 20/60,
and in his left eye, 20/20. Following an
examination in 2017, his optometrist
stated, ‘‘In my medical opinion, the
patient has sufficient vision to perform
the driving tasks required to operate a
commercial vehicle.’’ Mr. Stevelman
reported that he has driven straight
trucks for seven years, accumulating
105,000 miles. He holds an operator’s
license from New Jersey. His driving
record for the last three years shows no
crashes and no convictions for moving
violations in a CMV.
Sedrick Straughter
Mr. Straughter, 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, 20/60. Following an
examination in 2017, his
ophthalmologist stated, ‘‘This is to
certify that, in my medical opinion, Mr.
Straughter has sufficient vision to
perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
Straughter reported that he has driven
tractor-trailer combinations for ten
years, accumulating 1 million 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.
Michael Talley
Mr. Talley, 51, has a chorioretinal scar
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, ‘‘DR [SIC] LANKA HEREBY
TESTIFIES THAT IN HIS MEDICAL
OPINION, MR. TALLEY HAS THE
SUFFICIENT VISION TO PERFORM
THE DRIVING TASKS REQUIRED TO
OPERATE A COMMERCIAL VEHICLE.’’
Mr. Talley reported that he has driven
tractor-trailer combinations for 30 years,
accumulating 2.1 million miles. He
holds a Class A CDL from Oklahoma.
His driving record for the last three
years shows no crashes and no
convictions for moving violations in a
CMV.
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Edward G. Thurston, III
Mr. Thurston, 53, has had a macular
scar in his right eye since 2004. 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, ‘‘Eddie has sufficient vision for
operating a commercial vehicle.’’ Mr.
Thurston reported that he has driven
tractor-trailer combinations for 18 years,
accumulating 1.3 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.
Gerald A. Vaughn
Mr. Vaughn, 59, has had a retinal scar
in his right eye since 2004. The visual
acuity in his right eye is 20/60, and in
his left eye, 20/20. Following an
examination in 2017, his optometrist
stated, ‘‘Gerald Vaughn has sufficient
vision to perform the driving tasks
required to operate a commercial
vehicle.’’ Mr. Vaughn reported that he
has driven straight trucks for ten years,
accumulating 100,000 miles, and
tractor-trailer combinations for 15 years,
accumulating 2.25 million 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.
John Henry R. Viljoen
Mr. Viljoen, 38, has a prosthetic left
eye due to a traumatic incident in
childhood. The visual acuity in his right
eye is 20/20, and in his left eye, no light
perception. Following an examination
in 2017, his optometrist stated,
‘‘According the [sic] visual acuity and
his peripheral vision and his color
perception, it appears he has sufficient
visual function to operate a commercial
vehicle.’’ Mr. Viljoen reported that he
has driven straight trucks for five years,
accumulating 100,000 miles. He holds
an operator’s license from North Dakota.
His driving record for the last three
years shows no crashes and no
convictions for moving violations in a
CMV.
Kenneth E. Wheland
Mr. Wheland, 56, has had a retinal
detachment in his left eye since 2014.
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 opinion, Mr.
Wheland retains vision sufficient to
operate a commercial vehicle.’’ Mr.
Wheland reported that he has driven
straight trucks for 18 years,
accumulating 5.4 million miles, tractortrailer combinations for 22 years,
accumulating 12.1 million miles, and
E:\FR\FM\14FEN1.SGM
14FEN1
Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices
buses for 18 years, accumulating 6.3
million 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.
Richard E. Wixom
Mr. Wixom, 56, has a retinal
detachment in his right eye due to a
traumatic incident in 2015. 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, ‘‘I certify that Richard has
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Wixom reported that he
has driven tractor-trailer combinations
for 15 years, accumulating 2.25 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.
Mohammad J. Yousufzai
Mr. Yousufzai, 41, 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
stated, ‘‘In my medical opinion, Mr.
Yousufzai has sufficient vision to
perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
Yousufzai reported that he has driven
straight trucks for three years,
accumulating 36,780 miles. He holds a
Class A CDL from New Jersey. His
driving record for the last three years
shows no crashes and no convictions for
moving violations in a CMV.
daltland on DSKBBV9HB2PROD with NOTICES
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
VerDate Sep<11>2014
22:07 Feb 13, 2018
Jkt 244001
FMCSA–2017–0028 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–2017–0028 and click ‘‘Search.’’
Next, click ‘‘Open Docket Folder’’ and
you will find all documents and
comments related to this notice.
Issued on: February 7, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–03034 Filed 2–13–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2018–0020]
Qualification of Drivers; Exemption
Applications; Diabetes Mellitus
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of applications for
exemption; request for comments.
AGENCY:
FMCSA announces receipt of
applications from 51 individuals for an
exemption from the prohibition in the
Federal Motor Carrier Safety
Regulations (FMCSRs) against persons
with insulin-treated diabetes mellitus
(ITDM) operating a commercial motor
vehicle (CMV) in interstate commerce. If
granted, the exemptions would enable
these individuals with ITDM to operate
CMVs in interstate commerce.
DATES: Comments must be received on
or before March 16, 2018.
SUMMARY:
PO 00000
Frm 00179
Fmt 4703
Sfmt 4703
6685
You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2018–0020 using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 1200
New Jersey Avenue SE, West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery: West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., e.t.,
Monday through Friday, except Federal
Holidays.
• Fax: 1–202–493–2251.
Instructions: Each submission must
include the Agency name and the
docket 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
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
FOR FURTHER INFORMATION CONTACT:
E:\FR\FM\14FEN1.SGM
14FEN1
]]>Agencies
[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Notices]
[Pages 6681-6685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03034]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2017-0028]
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 23 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.
[[Page 6682]]
DATES: Comments must be received on or before March 16, 2018.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2017-0028 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 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., 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 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 23 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
[[Page 6683]]
the first two years with their experiences in the final year.
II. Qualifications of Applicants
Michael W. Belknap
Mr. Belknap, 52, has had amblyopia in his right eye since birth.
The visual acuity in his right eye is 20/150, and in his left eye, 20/
20. Following an examination in 2017, his optometrist stated, ``Based
upon my examination and with due regard for public safety, it is my
decision that Mr. Belknap's eyesight is sufficient to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Belknap
reported that he has driven straight trucks for 35 years, accumulating
525,000 miles, and tractor-trailer combinations for 35 years,
accumulating 262,500 miles. He holds a Class A CDL from Vermont. His
driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.
Scott M. Cavanaugh
Mr. Cavanaugh, 33, has had nystagmus in his left eye since birth.
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,
``Therefore, it is my opinion that Scott has sufficient vision to
perform the driving tasks required to operate a commercial motor
vehicle.'' Mr. Cavanaugh reported that he has driven straight trucks
for 12 years, accumulating 108,000 miles. He holds an operator's
license from Oklahoma. His driving record for the last three years
shows no crashes and no convictions for moving violations in a CMV.
James M. Ferry
Mr. Ferry, 52, has a retinal detachment in his right eye due to a
traumatic incident in 1991. The visual acuity in his right eye is 20/
150, and in his left eye, 20/20. Following an examination in 2017, his
optometrist stated, ``In summary, it is my opinion that Mr. James Ferry
meets the tasks required to operate a commercial vehicle.'' Mr. Ferry
reported that he has driven straight trucks for 33 years, accumulating
825,000 miles, and tractor-trailer combinations for 31 years,
accumulating 2.17 million 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.
Jacob A. Hehr
Mr. Hehr, 27, 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,
``Vision is sufficient to operate a commercial vehicle per Sheridan
Lam, MD.'' Mr. Hehr reported that he has driven straight trucks for
eight years, accumulating 108,000 miles, and tractor-trailer
combinations for three years, accumulating 36,000 miles. He holds a
Class AM CDL from Illinois. His driving record for the last three years
shows no crashes and no convictions for moving violations in a CMV.
Mike B. Houston
Mr. Houston, 42, has a corneal scar in his right eye due to a
traumatic incident in childhood. The visual acuity in his right eye is
20/400, and in his left eye, 20/20. Following an examination in 2017,
his ophthalmologist stated, ``Despite the fact Mr. Houston has a
corneal scar in his right eye, in my medical opinion he has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Houston reported that he has driven straight trucks for
ten years, accumulating 400,000 miles, and tractor-trailer combinations
for ten years, accumulating 400,000 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.
Marvin R. Knecht
Mr. Knecht, 67, 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 stated, ``Marvin
has adequate vision to pass the commercial driving standards.'' Mr.
Knecht reported that he has driven straight trucks for 50 years,
accumulating 525,000 miles, and tractor-trailer combinations for 45
years, accumulating 3.6 million miles. He holds a Class A CDL from
North Dakota. 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 20 mph.
Paul H. Knott
Mr. Knott, 51, has complete loss of vision in his left eye due to a
traumatic incident in 1987. 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 professional opinion,
considering the longevity of his driving career, the longstanding,
stable nature of his eye condition, and his ability to meet the
requirements for CDL licensure, I also believe Mr. Scott is capable of
safely and properly operating his vehicle(s).'' Mr. Knott reported that
he has driven straight trucks for 30 years, accumulating 900,000 miles.
He holds an operator's license from North Dakota. His driving record
for the last three years shows no crashes and no convictions for moving
violations in a CMV.
Randolph W. Lewis
Mr. Lewis, 55, has had amblyopia in his left eye since birth. The
visual acuity in his right eye is 20/15, and in his left eye, 20/60.
Following an examination in 2017, his optometrist stated, ``In my
opinion these findings demonstrate that the patient has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Lewis reported that he has driven straight trucks for
four years, accumulating 80,000 miles, and tractor-trailer combinations
for 29 years, accumulating 1.45 million miles. He holds a Class A CDL
from California. His driving record for the last three years shows no
crashes and no convictions for moving violations in a CMV.
John M. Moore
Mr. Moore, 51, has complete loss of vision in his right eye due to
melanoma. The visual acuity in his right eye is no light perception,
and in his left eye, 20/20. Following an examination in 2017, his
ophthalmologist stated, ``He has sufficient vision to perform his
driving task under a commercial vehicle.'' Mr. Moore reported that he
has driven straight trucks for 25 years, accumulating 500,000 miles,
and tractor-trailer combinations for 25 years, accumulating 2 million
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.
Martin Munoz
Mr. Munoz, 45, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is 20/50, and in his left eye, 20/
20. Following an examination in 2017, his optometrist stated, ``I
certify that in my opinion, Mr. Munoz has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr. Munoz
reported that he has driven straight trucks for seven years,
accumulating 94,500 miles. He holds an operator's license from Texas.
His driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.
[[Page 6684]]
Edwin Quiles
Mr. Quiles, 58, has retinal scarring in his left eye due to a
traumatic incident in 1977. The visual acuity in his right eye is 20/
20, and in his left eye, 20/250. Following an examination in 2017, his
optometrist stated, ``It is my opinion that Mr. Quiles has adequate
vision to operate a commercial vehicle.'' Mr. Quiles reported that he
has driven straight trucks for five years, accumulating 75,000 miles,
and tractor-trailer combinations for 35 years, accumulating 2.9 million
miles. He holds a Class A CDL from Florida. His driving record for the
last three years shows no crashes and no convictions for moving
violations in a CMV.
Vernon L. Reed
Mr. Reed, 61, has had a branch retinal vein occlusion in his left
eye since 2014. The visual acuity in his right eye is 20/20, and in his
left eye, 20/80. Following an examination in 2017, his ophthalmologist
stated, ``I believe that Vernon Reed has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr. Reed
reported that he has driven straight trucks for 12 years, accumulating
192,000 miles, and tractor-trailer combinations for 36 years,
accumulating 3.6 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.
Joshua A. Rhynd
Mr. Rhynd, 27, 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, ``He does
have sufficient vision to perform the commercial driving tasks
required.'' Mr. Rhynd reported that he has driven straight trucks for
four years, accumulating 520,000 miles, and tractor-trailer
combinations for five years, accumulating 1.12 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.
Douglass L. Riddell
Mr. Riddell, 62, has had amblyopia in his left eye since birth. 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, ``This letter
certifies that Douglas L. Riddell in my medical opinion has sufficient
vision to perform the driving tasks required to safely operate a
commercial vehicle.'' Mr. Riddell reported that he has driven straight
trucks for 30 years, accumulating 540,000 miles, and tractor-trailer
combinations for 15 years, accumulating 120,000 miles. He holds a Class
AM1 CDL from California. His driving record for the last three years
shows no crashes and no convictions for moving violations in a CMV.
Michael C. Stevelman
Mr. Stevelman, 25, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/60, and in his left
eye, 20/20. Following an examination in 2017, his optometrist stated,
``In my medical opinion, the patient has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr.
Stevelman reported that he has driven straight trucks for seven years,
accumulating 105,000 miles. He holds an operator's license from New
Jersey. His driving record for the last three years shows no crashes
and no convictions for moving violations in a CMV.
Sedrick Straughter
Mr. Straughter, 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, 20/60. Following an examination in 2017, his ophthalmologist
stated, ``This is to certify that, in my medical opinion, Mr.
Straughter has sufficient vision to perform the driving tasks required
to operate a commercial vehicle.'' Mr. Straughter reported that he has
driven tractor-trailer combinations for ten years, accumulating 1
million 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.
Michael Talley
Mr. Talley, 51, has a chorioretinal scar 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, ``DR [SIC] LANKA HEREBY TESTIFIES THAT IN
HIS MEDICAL OPINION, MR. TALLEY HAS THE SUFFICIENT VISION TO PERFORM
THE DRIVING TASKS REQUIRED TO OPERATE A COMMERCIAL VEHICLE.'' Mr.
Talley reported that he has driven tractor-trailer combinations for 30
years, accumulating 2.1 million miles. He holds a Class A CDL from
Oklahoma. His driving record for the last three years shows no crashes
and no convictions for moving violations in a CMV.
Edward G. Thurston, III
Mr. Thurston, 53, has had a macular scar in his right eye since
2004. 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,
``Eddie has sufficient vision for operating a commercial vehicle.'' Mr.
Thurston reported that he has driven tractor-trailer combinations for
18 years, accumulating 1.3 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.
Gerald A. Vaughn
Mr. Vaughn, 59, has had a retinal scar in his right eye since 2004.
The visual acuity in his right eye is 20/60, and in his left eye, 20/
20. Following an examination in 2017, his optometrist stated, ``Gerald
Vaughn has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Vaughn reported that he has driven
straight trucks for ten years, accumulating 100,000 miles, and tractor-
trailer combinations for 15 years, accumulating 2.25 million 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.
John Henry R. Viljoen
Mr. Viljoen, 38, has a prosthetic left eye due to a traumatic
incident in childhood. The visual acuity in his right eye is 20/20, and
in his left eye, no light perception. Following an examination in 2017,
his optometrist stated, ``According the [sic] visual acuity and his
peripheral vision and his color perception, it appears he has
sufficient visual function to operate a commercial vehicle.'' Mr.
Viljoen reported that he has driven straight trucks for five years,
accumulating 100,000 miles. He holds an operator's license from North
Dakota. His driving record for the last three years shows no crashes
and no convictions for moving violations in a CMV.
Kenneth E. Wheland
Mr. Wheland, 56, has had a retinal detachment in his left eye since
2014. 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 opinion, Mr. Wheland retains vision sufficient to operate a
commercial vehicle.'' Mr. Wheland reported that he has driven straight
trucks for 18 years, accumulating 5.4 million miles, tractor-trailer
combinations for 22 years, accumulating 12.1 million miles, and
[[Page 6685]]
buses for 18 years, accumulating 6.3 million 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.
Richard E. Wixom
Mr. Wixom, 56, has a retinal detachment in his right eye due to a
traumatic incident in 2015. 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, ``I certify that Richard has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Wixom reported that he has driven tractor-trailer combinations for
15 years, accumulating 2.25 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.
Mohammad J. Yousufzai
Mr. Yousufzai, 41, 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 stated,
``In my medical opinion, Mr. Yousufzai has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr.
Yousufzai reported that he has driven straight trucks for three years,
accumulating 36,780 miles. He holds a Class A CDL from New Jersey. 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-2017-0028 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-2017-0028 and click ``Search.'' Next, click
``Open Docket Folder'' and you will find all documents and comments
related to this notice.
Issued on: February 7, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-03034 Filed 2-13-18; 8:45 am]
BILLING CODE 4910-EX-P
