Qualification of Drivers; Exemption Applications; Vision, 15214-15216 [2018-07186]

Agencies

• Federal Motor Carrier Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 83, Number 68 (Monday, April 9, 2018)]
[Notices]
[Pages 15214-15216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07186]



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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0007]


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 13 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 May 9, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2018-0007 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 13 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

[[Page 15215]]

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

Ahmed Abukhatwa

    Mr. Abukhatwa, 25, 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 ophthalmologist stated, ``It is my medical opinion that Mr. 
Abukhatwa has sufficient vision to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Abukhatwa reported that he has 
driven tractor-trailer combinations for three years, accumulating 
240,000 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.

James A. Barlow

    Mr. Barlow, 61, has complete loss of vision in his 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 optometrist stated, ``In my opinion, James has 
sufficient vision to operate a commercial vehicle with eyeglasses 
correction.'' Mr. Barlow reported that he has driven straight trucks 
for 30 years, accumulating 2.4 million miles, tractor-trailer 
combinations for five years, accumulating 125,000 miles. He holds a 
Class A CDL from Ohio. His driving record for the last three years 
shows no crashes and no convictions for moving violations in a CMV.

Thomas R. Danser

    Mr. Danser, 56, has optic nerve damage in his right eye due to a 
traumatic incident in 2012. The visual acuity in his right eye is 20/
320, and in his left eye, 20/20. Following an examination in 2017, his 
optometrist stated, ``The tests indicate that Thomas is able to perform 
the task [sic] necessary to operate a commercial vehicle.'' Mr. Danser 
reported that he has driven straight trucks for one year, accumulating 
25,000 miles, and tractor-trailer combinations for six years, 
accumulating 420,000 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; failure to obey a traffic 
signal.

Jerome DeFabo, Jr.

    Mr. DeFabo, 47, has had central retinal artery occlusion in his 
left eye since 2016. The visual acuity in his right eye is 20/20, and 
in his left eye, 20/100. Following an examination in 2018, his 
optometrist stated, ``In my professional medical opinion Jerome has 
more than sufficient vision to perform the driving tasks to operate a 
commercial vehicle.'' Mr. DeFabo reported that he has driven straight 
trucks for 20 years, accumulating 50,000 miles. He holds a Class B CDL 
from Pennsylvania. His driving record for the last three years shows no 
crashes and no convictions for moving violations in a CMV.

Jorge Gonzalez

    Mr. Gonzalez, 50, has had amblyopia in his right eye since 
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, ``He has sufficient vision to operate any commercial vehicle; 
he is fully capable of recognizing all the colors of traffic control 
signals.'' Mr. Gonzalez reported that he has driven tractor-trailer 
combinations for 20 years, accumulating 1.4 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.

Jimmy D. Johnson

    Mr. Johnson, 64, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/200, and in his 
left eye, 20/25. Following an examination in 2017, his optometrist 
stated, ``Based on the above, Mr. Johnson has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Johnson reported that he has driven tractor-trailer combinations 
for 22 years, accumulating 2.86 million miles. He holds an operator's 
license from Mississippi. His driving record for the last three years 
shows no crashes and no convictions for moving violations in a CMV.

Michael S. Mai

    Mr. Mai, 47, has complete loss of vision in his left eye due to a 
traumatic incident in 2011. The visual acuity in his right eye is 20/
15, and in his left eye, no light perception. Following an examination 
in 2017, his optometrist stated, ``In my medical opinion, Michael has 
sufficient vision, with a best corrected acuity of 20/15 and sufficient 
field of vision with 135[deg], to perform the driving tasks required to 
operate a commercial vehicle; however, ultimately this decision has to 
be made by the CDL examiner based on the above information provided.'' 
Mr. Mai reported that he has driven straight trucks for 23 years, 
accumulating 851,000 miles, tractor-trailer combinations for 23 years, 
accumulating 460,000 miles, and buses for 15 years, accumulating 30,000 
miles. He holds a Class A CDL from Kansas. His driving record for the 
last three years shows no crashes and no convictions for moving 
violations in a CMV.

Jose M. Rios

    Mr. Rios, 50, has complete loss of vision 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, no light perception. Following an 
examination in 2017, his ophthalmologist stated, ``Mr. Rios vision is 
sufficient enough for him to be able to operate a commercial vehicle.'' 
Mr. Rios reported that he has driven straight trucks for four years, 
accumulating 26,000 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.

Michael B. Sauseda

    Mr. Sauseda, 46, has had a central vein occlusion in his right eye 
since 2008. The visual acuity in his right eye is 20/125, and in his 
left eye, 20/20. Following an examination in 2018, his ophthalmologist 
stated, ``In my opinion, this patient does have sufficient vision to 
perform driving tasks required to operate a commercial vehicle.'' Mr. 
Sauseda reported that he has driven straight trucks for two years, 
accumulating 30,000 miles, and tractor-trailer combinations for 15 
years, accumulating 720,000 miles. He holds a

[[Page 15216]]

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.

Steven D. Schlichting

    Mr. Schlichting, 54, has had a retinal scar 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, 
``Mr. Schlichting has the necessary vision to drive a commercial 
vehicle.'' Mr. Schlichting reported that he has driven straight trucks 
for 16 years, accumulating 80,000 miles. He holds an operator's license 
from Nebraska. His driving record for the last three years shows no 
crashes and no convictions for moving violations in a CMV.

Jesse P. Schuster

    Mr. Schuster, 41, has a scleral laceration in his left eye due to a 
traumatic incident in 2013. 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, ``He has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Schuster 
reported that he has driven straight trucks for 21 years, accumulating 
84,000 miles. He holds a Class B CDL from North Dakota. His driving 
record for the last three years shows no crashes and no convictions for 
moving violations in a CMV.

Joseph L. Smith

    Mr. Smith, 48, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is count fingers, and in his left 
eye, 20/20. Following an examination in 2017, his optometrist stated, 
``In my opinion, Mr. Joseph Smith still maintains sufficient vision to 
operate a commercial motor vehicle.'' Mr. Smith reported that he has 
driven straight trucks for five years, accumulating 7,500 miles, and 
tractor-trailer combinations for 24 years, accumulating 2.88 million 
miles. He holds a Class A CDL from West Virginia. His driving record 
for the last three years shows no crashes and no convictions for moving 
violations in a CMV.

Larry L. Stewart

    Mr. Stewart, 51, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/80, and in his left 
eye, 20/20. Following an examination in 2017, his optometrist stated, 
``I believe based on the field and visual acuity, Mr. Stewart has 
vision sufficient to operate a commercial vehicle.'' Mr. Stewart 
reported that he has driven tractor-trailer combinations for three 
years, accumulating 210,000 miles. He holds a Class A CDL from North 
Carolina. His driving record for the last three years shows no crashes 
and no convictions for moving violations in a CMV.

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-2018-0007 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-2018-0007 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: April 2, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-07186 Filed 4-6-18; 8:45 am]
BILLING CODE 4910-EX-P