Qualification of Drivers; Exemption Applications; Vision, 6694-6697 [2018-03064]
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6694
Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices
Jeffrey P. James (AR)
Tracy N. Jenkins (DE)
Gregory A. King (NC)
Matthew R. Linehan (NY)
Cory A. Meadows (OH)
Ashun R. Merritt (GA)
Herbert A. Morton (CA)
Jayrome B. Rimolde (MN)
Gale Roland (PA)
John L. Scherette (WA)
Kelly T. Scholl (MN)
James P. Shurkus (NH)
Gregory G. Sisco (IA)
Travers L. Stephens (GA)
Brittany K. Tomasko (CA)
Daren Warren (NY)
Alan T. Whalen (NY)
Thomas L. Whitley (IN)
Randall S. Williams (PA)
Tomme J. Wirth (IA)
Joshua C. Wyse (OH)
Rowland P. Yee (HI)
The drivers were included in docket
numbers FMCSA–2011–0368; FMCSA–
2013–0192. Their exemptions are
applicable as of March 7, 2018, and will
expire on March 7, 2020.
As of March 23, 2018, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 12 individuals
have satisfied the renewal conditions for
obtaining an exemption from the rule
prohibiting drivers with ITDM from
driving CMVs in interstate commerce
(77 FR 5870; 77 FR 17116; 81 FR 14210):
Roger L. Arcan, Jr. (MA)
Marsha M. Colberg (WA)
Robert D. Crissinger (MN)
Scott W. Forsyth, Jr. (CO)
Fritz D. Gregory (UT)
Anthony P. Kesselring (FL)
Don R. Kivi (ND)
Vincent Ligotti (NY)
Michael R. Miller (PA)
Jack L. Phippen (WI)
Richard A. Purk (CA)
Jack A. Tidey (AR)
The drivers were included in docket
number FMCSA–2011–0381. Their
exemptions are applicable as of March
23, 2018, and will expire on March 23,
2020.
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The exemptions are extended subject
to the following conditions: (1) Each
driver must submit a quarterly
monitoring checklist completed by the
treating endocrinologist as well as an
annual checklist with a comprehensive
medical evaluation; (2) each driver must
report within two business days of
occurrence, all episodes of severe
hypoglycemia, significant
complications, or inability to manage
diabetes; also, any involvement in an
accident or any other adverse event in
a CMV or personal vehicle, whether or
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Jkt 244001
V. Preemption
During the period the exemption is in
effect, no State shall enforce any law or
regulation that conflicts with this
exemption with respect to a person
operating under the exemption.
VI. Conclusion
Based upon its evaluation of the 77
exemption applications, FMCSA renews
the exemptions of the aforementioned
drivers from the rule prohibiting drivers
with ITDM from driving CMVs in
interstate commerce. In accordance with
49 U.S.C. 31136(e) and 31315, each
exemption will be valid for two years
unless revoked earlier by FMCSA.
Issued on: February 7, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–03056 Filed 2–13–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2018–0006]
IV. Conditions and Requirements
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not it is related to an episode of
hypoglycemia; (3) each driver must
submit an annual ophthalmologist’s or
optometrist’s report; and (4) each driver
must provide a copy of the annual
medical certification to the employer for
retention in the driver’s qualification
file, or keep a copy in his/her driver’s
qualification file if he/she is selfemployed. The driver must also have a
copy of the exemption when driving, for
presentation to a duly authorized
Federal, State, or local enforcement
official. The exemption will be
rescinded if: (1) The person fails to
comply with the terms and conditions
of the exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained before it was granted; or
(3) continuation of the exemption would
not be consistent with the goals and
objectives of 49 U.S.C. 31136(e) and
31315.
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 11 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
SUMMARY:
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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 March 16, 2018.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2018–0006 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.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical
Programs Division, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA,
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Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices
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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 twoyear period to align with the maximum
duration of a driver’s medical
certification.
The 11 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
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22:07 Feb 13, 2018
Jkt 244001
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
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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
Russell A. Anklam
Mr. Anklam, 52, has had amblyopia in
his left eye since childhood. The visual
acuity in his right eye is 20/25, and in
his left eye, 20/200. Following an
examination in 2017, his optometrist
stated, ‘‘Based on Mr. Anklam’s good
peripheral vision in each eye and his
exceptional driving record, I feel he is
more than qualified to operate a
commercial vehicle.’’ Mr. Anklam
reported that he has driven straight
trucks for 30 years, accumulating 3.6
million miles, tractor-trailer
combinations for 15 years, accumulating
1.2 million miles, and buses for five
years, accumulating 250,000 miles. He
holds a Class ABCDM CDL from
Wisconsin. His driving record for the
last three years shows no crashes and no
convictions for moving violations in a
CMV.
Rodney P. Barfield
Mr. Barfield, 50, has a prosthetic right
eye due to a traumatic incident in
childhood. The visual acuity in his right
eye is no light perception, and in his left
eye, 20/20. Following an examination in
2017, his ophthalmologist stated, ‘‘It is
my opinion that Rodney Barfield has
sufficient vision to operate a
commercial motor vehicle safely, there
should be no restrictions imposed.’’ Mr.
Barfield reported that he has driven
straight trucks for seven years,
accumulating 315,000 miles, and
tractor-trailer combinations for 19 years,
accumulating 2,660,000 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.
Kenneth W. Blake, Jr.
Mr. Blake, 60, has had central serous
chorioretinopathy in his left eye since
August 2014. The visual acuity in his
right eye is 20/20, and in his left eye,
20/100. Following an examination in
2017, his optometrist stated, ‘‘In my
medical opinion, he has sufficient
vision to operate a commercial vehicle.’’
Mr. Blake reported that he has driven
straight trucks for 18 years,
accumulating 180,000 miles. He holds a
Class B CDL from Kansas. His driving
record for the last three years shows no
crashes and no convictions for moving
violations in a CMV.
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Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices
Efrain R. Cisneros
Mr. Cisneros, 54, has aphakia in his
left eye due to a traumatic incident in
childhood. The visual acuity in his right
eye is 20/20, and in his left eye, 20/400.
Following an examination in 2017, his
optometrist stated, ‘‘Excellent vision in
the right eye, able to perform driving
tasks of a commercial vehicle.’’ Mr.
Cisneros reported that he has driven
straight trucks for 11 years,
accumulating 528,000 miles, and
tractor-trailer combinations for four
years, accumulating 300,000 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.
Justin D. Craft
Mr. Craft, 57, has corneal scarring in
his left eye due to a traumatic incident
in childhood. The visual acuity in his
right eye is 20/20, and in his left eye,
light perception. Following an
examination in 2017, his optometrist
stated, ‘‘Mr. Craft has sufficient vision to
perform driving tasks required to
operate a commercial vehicle.’’ Mr. Craft
reported that he has driven straight
trucks for 16 years, accumulating
400,000 miles. He holds an operator’s
license from Arkansas. His driving
record for the last three years shows no
crashes and no convictions for moving
violations in a CMV.
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James E. Haener
Mr. Haener, 66, has a corneal 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, ‘‘In my
medical opinion, James Haener has
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Haener reported that he
has driven straight trucks for 45 years,
accumulating 225,000 miles, and
tractor-trailer combinations for 45 years,
accumulating 225,000 miles. He holds a
Class A CDL from Idaho. His driving
record for the last three years shows no
crashes and no convictions for moving
violations in a CMV.
Curvin L. Martin
Mr. Martin, 40, has had amblyopia in
his right eye since childhood. 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, ‘‘In my opinion, Mr. Martin has
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Martin reported that he
has driven tractor-trailer combinations
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22:07 Feb 13, 2018
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for 19 years, accumulating 1.9 million
miles. He holds a Class A CDL from
Pennsylvania. His driving record for the
last three years shows no crashes and
one conviction for a moving violation in
a CMV; he disregarded a traffic lane.
Robert L. Redding
Mr. Redding, 54, has aphakia in his
left eye due to a traumatic incident in
childhood. The visual acuity in his right
eye is 20/20, and in his left eye, 20/800.
Following an examination in 2017, his
optometrist stated, ‘‘Please let this letter
serve as notice that Mr. Redding does
have sufficient vision to perform the
driving tasks required to operate a
commercial motor vehicle.’’ Mr.
Redding reported that he has driven
straight trucks for 21 years,
accumulating 315,000 miles. He holds a
Class B CDL from North Carolina. His
driving record for the last three years
shows no crashes and no convictions for
moving violations in a CMV.
2017, his optometrist stated, ‘‘Despite
the vision deficiency of the left eye, it
is my professional medical opinion that
Jonas has sufficient vision to perform
the driving tasks required to operate a
commercial vehicle.’’ Mr. Yoder
reported that he has driven straight
trucks for five years, accumulating
400,000 miles. He holds a Class B CDL
from Nebraska. 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.
George J. Worthington, Jr.
Mr. Worthington, 58, has had
amblyopia in his left eye since
childhood. The visual acuity in his right
eye is 20/20, and in his left eye, 20/200.
Following an examination in 2017, his
ophthalmologist stated, ‘‘His ability to
operate a commercial motor vehicle
should not be limited due to his longstanding amblyopia of the left eye.’’ Mr.
Worthington reported that he has driven
straight trucks for 30 years,
accumulating 300,000 miles. He holds
an operator’s license from New York.
His driving record for the last three
years shows no crashes and no
convictions for moving violations in a
CMV.
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–2018–0006 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.
Jonas L. Yoder
Mr. Yoder, 57, has had a branch
retinal vein occlusion in his left eye
since 1995. The visual acuity in his
right eye is 20/20, and in his left eye,
20/200. Following an examination in
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–2018–0006 and click ‘‘Search.’’
Gerald L. Wheeler
Mr. Wheeler, 54, has had amblyopia
in his left eye since childhood. The
visual acuity in his right eye is 20/20,
and in his left eye, 20/200. Following an
examination in 2017, his optometrist
stated, ‘‘Mr. Wheeler has, in my
opinion, sufficient vision to perform the
driving tasks required to operate a
commercial vehicle.’’ Mr. Wheeler
reported that he has driven straight
trucks for 15 years, accumulating
300,000 miles. He holds an operator’s
license from Florida. His driving record
for the last three years shows no crashes
and no convictions for moving
violations in a CMV.
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Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices
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. 2018–03064 Filed 2–13–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2007–27801; FMCSA–
2007–28536; FMCSA–2008–0175; FMCSA–
2008–0267; FMCSA–2009–0207; FMCSA–
2011–0192; FMCSA–2013–0181; FMCSA–
2013–0182]
Qualification of Drivers; Exemption
Applications; Diabetes
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to renew exemptions for 99
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.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical
Programs Division, 202–366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
New Jersey Avenue SE, Room W64–224,
Washington, DC 20590–0001. Office
hours are from 8:30 a.m. to 5:30 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:
SUMMARY:
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I. Electronic Access
You may see all the comments online
through the Federal Document
Management System (FDMS) at: https://
www.regulations.gov.
Docket: For access to the docket to
read background documents or
comments, go to http//
www.regulations.gov and/or Room
W12–140 on the ground level of the
VerDate Sep<11>2014
22:07 Feb 13, 2018
Jkt 244001
West Building, 1200 New Jersey Avenue
SE, Washington, DC, between 9 a.m. and
5 p.m., e.t., Monday through Friday,
except Federal holidays.
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
rulemaking process. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to https://www.regulations.gov,
as described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
II. Background
On November 27, 2017, FMCSA
published a notice announcing its
decision to renew exemptions for 99
individuals from the insulin-treated
diabetes mellitus prohibition in 49 CFR
391.41(b)(3) to operate a CMV in
interstate commerce and requested
comments from the public (82 FR
56111). The public comment period
ended on December 27, 2017, and no
comments were received.
As stated in the previous notice,
FMCSA has evaluated the eligibility of
these applicants and determined that
renewing these exemptions would
achieve a level of safety equivalent to or
greater than the level that would be
achieved by complying with the current
regulation 49 CFR 391.41(b)(3).
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.
III. Discussion of Comments
FMCSA received no comments in this
preceding.
IV. Conclusion
Based upon its evaluation of the 99
renewal exemption applications and
comments received, FMCSA confirms
its’ decision to exempt the following
drivers from the rule prohibiting drivers
with ITDM from driving CMVs in
interstate commerce in 49 CFR
391.64(3):
In accordance with 49 U.S.C. 31136(e)
and 31315, the following groups of
drivers received renewed exemptions in
the month of October and are discussed
below:
As of October 3, 2017, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 16 individuals
have satisfied the renewal conditions for
obtaining an exemption from the rule
prohibiting drivers with ITDM from
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6697
driving CMVs in interstate commerce
(76 FR 47291; 76 FR 61139):
Michael J. Alexander (MO)
Dean A. Chamberlin (NE)
Ronald D. Fatka (IA)
Frank B. Hernandez (MN)
Dale A. Iverson (UT)
John H. Krastel, Jr. (MD)
Edward Linhart (MA)
Larry D. Matson (MT)
David W. Payne (KS)
Jim B. Robertson II (KY)
Donald M. Rush, Jr. (GA)
Barry A. Sircy (KY)
John S. Starchevich (IA)
Michael B. Tortora (VT)
Charlotte C. Watson (CA)
Shaun M. Wheeler (CT)
The drivers were included in docket
number FMCSA–2011–0192. Their
exemptions are applicable as of October
3, 2017, and will expire on October 3,
2019.
As of October 15, 2017, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 43 individuals
have satisfied the renewal conditions for
obtaining an exemption from the rule
prohibiting drivers with ITDM from
driving CMVs in interstate commerce
(72 FR 45480; 72 FR 58360; 73 FR
45519; 73 FR 61188; 78 FR 50486; 78 FR
65031):
Scott M. Aitcheson (MI)
Robert V. Balmes (IL)
Kenneth M. Brinker (SD)
Daniel A. Brown (IN)
Floyd G. Burbach (SD)
Frederick J. Caldarelli III (KS)
Jay P. Cave (IL)
William J. Compton (MI)
Brian R. Current (IA)
Mark A. Davis (AR)
Todd J. Donnelly (IA)
Carmine J. Fossile (MA)
Steven M. French (MI)
Philip P. Gray (VA)
John L. Hansen (MT)
Michael G. Harp (OK)
Darin D. Harries (MN)
James M. Holland (WA)
William E. Hollowell (MI)
Matthew S. Hooker (IN)
Cindy L. Hushin-Brink (PA)
Gregory A. Iverson (IA)
Bradley M. Johnson (ID)
Mark A. Jones (WI)
Michael J. Keating (IL)
Richard D. Knoche (IL)
Jonathan D. Koehn (NE)
Edward M. Mason (KY)
Harold W. McCullough (NE)
Kurt V. Miller (IL)
Tyree L. Murdock II (FL)
Thomas L. Nesbit (PA)
Richard Rodriguez (KS)
Scott D. Schultz (MN)
Mark W. Seem (IN)
E:\FR\FM\14FEN1.SGM
14FEN1
]]>Agencies
[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Notices]
[Pages 6694-6697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03064]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2018-0006]
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 11 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 March 16, 2018.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2018-0006 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,
[[Page 6695]]
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 11 individuals listed in this notice have requested an
exemption from the vision requirement in 49 CFR 391.41(b)(10).
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting an exemption will achieve the
required level of safety mandated by statute.
The physical qualification standard for drivers regarding vision
found in 49 CFR 391.41(b)(10) states that a person is physically
qualified to drive a CMV if that person has distant visual acuity of at
least 20/40 (Snellen) in each eye without corrective lenses or visual
acuity separately corrected to 20/40 (Snellen) or better with
corrective lenses, distant binocular acuity of at least 20/40 (Snellen)
in both eyes with or without corrective lenses, field of vision of at
least 70[deg] in the horizontal Meridian in each eye, and the ability
to recognize the colors of traffic signals and devices showing standard
red, green, and amber.
In July 1992, the Agency first published the criteria for the
Vision Waiver Program, which listed the conditions and reporting
standards that CMV drivers approved for participation would need to
meet (Qualification of Drivers; Vision Waivers, 57 FR 31458, July 16,
1992). The current Vision Exemption Program was established in 1998,
following the enactment of amendments to the statutes governing
exemptions made by Sec. 4007 of the Transportation Equity Act for the
21st Century (TEA-21), Public Law 105-178, 112 Stat. 107, 401 (June 9,
1998). Vision exemptions are considered under the procedures
established in 49 CFR part 381 subpart C, on a case-by-case basis upon
application by CMV drivers who do not meet the vision standards of 49
CFR 391.41(b)(10).
To qualify for an exemption from the vision requirement, FMCSA
requires a person to present verifiable evidence that he/she has driven
a commercial vehicle safely with the vision deficiency for the past
three years. Recent driving performance is especially important in
evaluating future safety, according to several research studies
designed to correlate past and future driving performance. Results of
these studies support the principle that the best predictor of future
performance by a driver is his/her past record of crashes and traffic
violations. Copies of the studies may be found at Docket Number FMCSA-
1998-3637.
FMCSA believes it can properly apply the principle to monocular
drivers, because data from the Federal Highway Administration's (FHWA)
former waiver study program clearly demonstrated the driving
performance of experienced monocular drivers in the program is better
than that of all CMV drivers collectively (See 61 FR 13338, 13345,
March 26, 1996). The fact that experienced monocular drivers
demonstrated safe driving records in the waiver program supports a
conclusion that other monocular drivers, meeting the same qualifying
conditions as those required by the waiver program, are also likely to
have adapted to their vision deficiency and will continue to operate
safely.
The first major research correlating past and future performance
was done in England by Greenwood and Yule in 1920. Subsequent studies,
building on that model, concluded that crash rates for the same
individual exposed to certain risks for two different time periods vary
only slightly (See Bates and Neyman, University of California
Publications in Statistics, April 1952). Other studies demonstrated
theories of predicting crash proneness from crash history coupled with
other factors. These factors--such as age, sex, geographic location,
mileage driven and conviction history--are used every day by insurance
companies and motor vehicle bureaus to predict the probability of an
individual experiencing future crashes (See Weber, Donald C.,
``Accident Rate Potential: An Application of Multiple Regression
Analysis of a Poisson Process,'' Journal of American Statistical
Association, June 1971). A 1964 California Driver Record Study prepared
by the California Department of Motor Vehicles concluded that the best
overall crash predictor for both concurrent and nonconcurrent events is
the number of single convictions. This study used three consecutive
years of data, comparing the experiences of drivers in the first two
years with their experiences in the final year.
II. Qualifications of Applicants
Russell A. Anklam
Mr. Anklam, 52, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/25, and in his left eye, 20/
200. Following an examination in 2017, his optometrist stated, ``Based
on Mr. Anklam's good peripheral vision in each eye and his exceptional
driving record, I feel he is more than qualified to operate a
commercial vehicle.'' Mr. Anklam reported that he has driven straight
trucks for 30 years, accumulating 3.6 million miles, tractor-trailer
combinations for 15 years, accumulating 1.2 million miles, and buses
for five years, accumulating 250,000 miles. He holds a Class ABCDM CDL
from Wisconsin. His driving record for the last three years shows no
crashes and no convictions for moving violations in a CMV.
Rodney P. Barfield
Mr. Barfield, 50, has a prosthetic right eye due to a traumatic
incident in childhood. The visual acuity in his right eye is no light
perception, and in his left eye, 20/20. Following an examination in
2017, his ophthalmologist stated, ``It is my opinion that Rodney
Barfield has sufficient vision to operate a commercial motor vehicle
safely, there should be no restrictions imposed.'' Mr. Barfield
reported that he has driven straight trucks for seven years,
accumulating 315,000 miles, and tractor-trailer combinations for 19
years, accumulating 2,660,000 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.
Kenneth W. Blake, Jr.
Mr. Blake, 60, has had central serous chorioretinopathy in his left
eye since August 2014. The visual acuity in his right eye is 20/20, and
in his left eye, 20/100. Following an examination in 2017, his
optometrist stated, ``In my medical opinion, he has sufficient vision
to operate a commercial vehicle.'' Mr. Blake reported that he has
driven straight trucks for 18 years, accumulating 180,000 miles. He
holds a Class B CDL from Kansas. His driving record for the last three
years shows no crashes and no convictions for moving violations in a
CMV.
[[Page 6696]]
Efrain R. Cisneros
Mr. Cisneros, 54, has aphakia in his left eye due to a traumatic
incident in childhood. The visual acuity in his right eye is 20/20, and
in his left eye, 20/400. Following an examination in 2017, his
optometrist stated, ``Excellent vision in the right eye, able to
perform driving tasks of a commercial vehicle.'' Mr. Cisneros reported
that he has driven straight trucks for 11 years, accumulating 528,000
miles, and tractor-trailer combinations for four years, accumulating
300,000 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.
Justin D. Craft
Mr. Craft, 57, has corneal scarring in his left eye due to a
traumatic incident in childhood. The visual acuity in his right eye is
20/20, and in his left eye, light perception. Following an examination
in 2017, his optometrist stated, ``Mr. Craft has sufficient vision to
perform driving tasks required to operate a commercial vehicle.'' Mr.
Craft reported that he has driven straight trucks for 16 years,
accumulating 400,000 miles. He holds an operator's license from
Arkansas. His driving record for the last three years shows no crashes
and no convictions for moving violations in a CMV.
James E. Haener
Mr. Haener, 66, has a corneal 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, ``In my medical opinion, James Haener has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Haener reported that he has driven straight
trucks for 45 years, accumulating 225,000 miles, and tractor-trailer
combinations for 45 years, accumulating 225,000 miles. He holds a Class
A CDL from Idaho. His driving record for the last three years shows no
crashes and no convictions for moving violations in a CMV.
Curvin L. Martin
Mr. Martin, 40, has had amblyopia in his right eye since childhood.
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, ``In my
opinion, Mr. Martin has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Martin reported that he
has driven tractor-trailer combinations for 19 years, accumulating 1.9
million miles. He holds a Class A CDL from Pennsylvania. His driving
record for the last three years shows no crashes and one conviction for
a moving violation in a CMV; he disregarded a traffic lane.
Robert L. Redding
Mr. Redding, 54, has aphakia in his left eye due to a traumatic
incident in childhood. The visual acuity in his right eye is 20/20, and
in his left eye, 20/800. Following an examination in 2017, his
optometrist stated, ``Please let this letter serve as notice that Mr.
Redding does have sufficient vision to perform the driving tasks
required to operate a commercial motor vehicle.'' Mr. Redding reported
that he has driven straight trucks for 21 years, accumulating 315,000
miles. He holds a Class B CDL from North Carolina. His driving record
for the last three years shows no crashes and no convictions for moving
violations in a CMV.
Gerald L. Wheeler
Mr. Wheeler, 54, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
200. Following an examination in 2017, his optometrist stated, ``Mr.
Wheeler has, in my opinion, sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Wheeler reported
that he has driven straight trucks for 15 years, accumulating 300,000
miles. He holds an operator's license from Florida. His driving record
for the last three years shows no crashes and no convictions for moving
violations in a CMV.
George J. Worthington, Jr.
Mr. Worthington, 58, has had amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, 20/200. Following an examination in 2017, his ophthalmologist
stated, ``His ability to operate a commercial motor vehicle should not
be limited due to his long-standing amblyopia of the left eye.'' Mr.
Worthington reported that he has driven straight trucks for 30 years,
accumulating 300,000 miles. He holds an operator's license from New
York. His driving record for the last three years shows no crashes and
no convictions for moving violations in a CMV.
Jonas L. Yoder
Mr. Yoder, 57, has had a branch retinal vein occlusion in his left
eye since 1995. 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, ``Despite the vision deficiency of the left eye, it is my
professional medical opinion that Jonas has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Yoder reported that he has driven straight trucks for five years,
accumulating 400,000 miles. He holds a Class B CDL from Nebraska. 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-2018-0006 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-2018-0006 and click ``Search.''
[[Page 6697]]
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. 2018-03064 Filed 2-13-18; 8:45 am]
BILLING CODE 4910-EX-P
