Qualification of Drivers; Exemption Applications; Vision, 15216-15219 [2018-07187]
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15216
Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices
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.
sradovich on DSK3GMQ082PROD with NOTICES
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 tractortrailer 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
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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 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–2018–0007 and click ‘‘Search.’’
Next, click ‘‘Open Docket Folder’’ and
you will find all documents and
comments related to this notice.
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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
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2018–0008]
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 17 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–
2018–0008 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
SUMMARY:
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Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices
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.
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
regarding viewing or submitting
material to the docket, contact Docket
Services, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
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FOR FURTHER INFORMATION CONTACT:
I. Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from
the FMCSRs for a five-year period if it
finds ‘‘such exemption would likely
achieve a level of safety that is
equivalent to or greater than the level
that would be achieved absent such
exemption.’’ The statute also allows the
Agency to renew exemptions at the end
of the five-year period. FMCSA grants
exemptions from the FMCSRs for a twoyear period to align with the maximum
duration of a driver’s medical
certification.
The 17 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
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without corrective lenses or visual
acuity separately corrected to 20/40
(Snellen) or better with corrective
lenses, distant binocular acuity of at
least 20/40 (Snellen) in both eyes with
or without corrective lenses, field of
vision of at least 70° in the horizontal
Meridian in each eye, and the ability to
recognize the colors of traffic signals
and devices showing standard red,
green, and amber.
In July 1992, the Agency first
published the criteria for the Vision
Waiver Program, which listed the
conditions and reporting standards that
CMV drivers approved for participation
would need to meet (Qualification of
Drivers; Vision Waivers, 57 FR 31458,
July 16, 1992). The current Vision
Exemption Program was established in
1998, following the enactment of
amendments to the statutes governing
exemptions made by § 4007 of the
Transportation Equity Act for the 21st
Century (TEA–21), Public Law 105–178,
112 Stat. 107, 401 (June 9, 1998). Vision
exemptions are considered under the
procedures established in 49 CFR part
381 subpart C, on a case-by-case basis
upon application by CMV drivers who
do not meet the vision standards of 49
CFR 391.41(b)(10).
To qualify for an exemption from the
vision requirement, FMCSA requires a
person to present verifiable evidence
that he/she has driven a commercial
vehicle safely with the vision deficiency
for the past three years. Recent driving
performance is especially important in
evaluating future safety, according to
several research studies designed to
correlate past and future driving
performance. Results of these studies
support the principle that the best
predictor of future performance by a
driver is his/her past record of crashes
and traffic violations. Copies of the
studies may be found at Docket Number
FMCSA–1998–3637.
FMCSA believes it can properly apply
the principle to monocular drivers,
because data from the Federal Highway
Administration’s (FHWA) former waiver
study program clearly demonstrated the
driving performance of experienced
monocular drivers in the program is
better than that of all CMV drivers
collectively (See 61 FR 13338, 13345,
March 26, 1996). The fact that
experienced monocular drivers
demonstrated safe driving records in the
waiver program supports a conclusion
that other monocular drivers, meeting
the same qualifying conditions as those
required by the waiver program, are also
likely to have adapted to their vision
deficiency and will continue to operate
safely.
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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
Leobardo Antunez
Mr. Antunez, 66, has had a macular
cyst in his left eye since 2000. The
visual acuity in his right eye is 20/20,
and in his left eye, 20/400. Following an
examination in 2018, his optometrist
stated, ‘‘In my professional/medical
opinion, Leobardo has sufficient vision
to perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
Antunez reported that he has driven
tractor-trailer combinations for 17 years,
accumulating 1 million miles. He holds
a Class A CDL from Washington. His
driving record for the last three years
shows no crashes and no convictions for
moving violations in a CMV.
Jason P. Dostal
Mr. Dostal, 49, has had amblyopia in
his left eye since childhood. The visual
acuity in his right eye is 20/20, and in
his left eye, 20/80. Following an
examination in 2017, his optometrist
stated, ‘‘Has sufficient vision to operate
a commercial vehicle.’’ Mr. Dostal
reported that he has driven straight
trucks for seven years, accumulating
182,000 miles. He holds a Class A CDL
from Indiana. His driving record for the
last three years shows no crashes and no
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convictions for moving violations in a
CMV.
John C. Duncan
Mr. Duncan, 68, 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 ophthalmologist stated, ‘‘In
my medical opinion, Mr. John Duncan
has the sufficient vision to perform the
driving tasks required to operate a
commercial vehicle land or water.’’ Mr.
Duncan reported that he has driven
straight trucks for 43 years,
accumulating 64,500 miles, tractortrailer combinations for five years,
accumulating 15,000 miles, and buses
for 24 years, accumulating 48,000 miles.
He holds a Class BM CDL from New
York. His driving record for the last
three years shows no crashes and no
convictions for moving violations in a
CMV.
Kenneth M. Emerson
Mr. Emerson, 66, has had amblyopia
in his left eye since birth. The visual
acuity in his right eye is 20/20, and in
his left eye, 20/50. Following an
examination in 2017, his optometrist
stated, ‘‘Kenneth has adequate vision to
drive a commercial vehicle.’’ Mr.
Emerson reported that he has driven
straight trucks for seven years,
accumulating 700,000 miles. He holds
an operator’s license from Idaho. His
driving record for the last three years
shows no crashes and no convictions for
moving violations in a CMV.
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Michael C. Farley
Mr. Farley, 62, has had amblyopia in
his right eye since birth. The visual
acuity in his right eye is 20/160, and in
his left eye, 20/20. Following an
examination in 2017, his optometrist
stated, ‘‘In my medical opinion he has
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Farley reported that he has
driven tractor-trailer combinations for
seven years, accumulating 700,000
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.
Steven W. Kyman
Mr. Kyman, 58, 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, ‘‘Nothing in our vision testing
indicates Mr. Kyman should not
continue to possess a CDL and drive a
commercial vehicle.’’ Mr. Kyman
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reported that he has driven tractortrailer combinations for 14 years,
accumulating 1.68 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.
Jeffrey T. Landry
Mr. Landry, 53, has had optic
neuropathy in his left eye since 2015.
The visual acuity in his right eye is 20/
20, and in his left eye, counting fingers.
Following an examination in 2017, his
ophthalmologist stated, ‘‘He has
sufficient vision in his right eye to
operate a commercial vehicle, and has
been successfully over the last [two]
years per his report.’’ Mr. Landry
reported that he has driven straight
trucks for four years, accumulating
48,000 miles, and tractor-trailer
combinations for 32 years, accumulating
3.8 million 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.
David A. Margetson
Mr. Margetson, 39, 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, ‘‘In my opinion, there is no
concern for him to operate a commercial
vehicle due to his vision’’ Mr.
Margetson reported that he has driven
straight trucks for 11 years,
accumulating 215,644 miles. He holds
an operator’s license from Michigan. His
driving record for the last three years
shows no crashes and no convictions for
moving violations in a CMV.
Trent C. McCain
Mr. McCain, 41, has had retinopathy
in his right eye since birth. The visual
acuity in his right eye is 20/400, and in
his left eye, 20/30. Following an
examination in 2017, his optometrist
stated, ‘‘In my medical opinion, Trent
McCain has sufficient vision to perform
the driving tasks required to operate a
commercial vehicle.’’ Mr. McCain
reported that he has driven straight
trucks for 28 years, accumulating 28,000
miles, and tractor-trailer combinations
for 17 years, accumulating 1.44 million
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.
David M. McCarty
Mr. McCarty, 51, has a corneal scar in
his left eye due to a traumatic incident
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in 1986. 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, ‘‘My
medical opinion is that David has
sufficient vision to operate commercial
vehicles.’’ Mr. McCarty reported that he
has driven straight trucks for 28 years,
accumulating 420,000 miles, and
tractor-trailer combinations for 28 years,
accumulating 420,000 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.
Jeffrey W. Pike, Jr.
Mr. Pike, 41, has a cataract in his right
eye due to a traumatic incident in
childhood. The visual acuity in his right
eye is light perception, and in his left
eye, 20/20. Following an examination in
2018, his optometrist stated, ‘‘In my
opinion he has sufficient vision to
perform driving tasks required to
operate a commercial vehicle and has
done so successfully for many years.’’
Mr. Pike reported that he has driven
straight trucks for 25 years,
accumulating 250,000 miles, and
tractor-trailer combinations for 23 years,
accumulating 1.8 million miles. He
holds a Class A CDL from Minnesota.
His driving record for the last three
years shows no crashes and no
convictions for moving violations in a
CMV.
Jess C. Sanchez
Mr. Sanchez, 44, has had retinal
ischemia in his left eye due to lupus
since 2007. The visual acuity in his
right eye is 20/15, and in his left eye,
no light perception. Following an
examination in 2017, his
ophthalmologist stated, ‘‘From a visual
perspective, he has adequate vision to
perform driving test required to operate
a commercial vehicle.’’ Mr. Sanchez
reported that he has driven tractortrailer combinations for 29 years,
accumulating 1.7 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.
Ermanno M. Santucci
Mr. Santucci, 39, 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 optometrist
stated, ‘‘Patient has sufficient vision to
perform driving tasks and drive a
commercial vehicle.’’ Mr. Santucci
reported that he has driven straight
trucks for five years, accumulating
135,150 miles. He holds a Class B CDL
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from Illinois. His driving record for the
last three years shows no crashes and no
convictions for moving violations in a
CMV.
John R.A.Taylor
Mr. Taylor, 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, 20/400. Following an
examination in 2017, his optometrist
stated, ‘‘I certify that in my professional
opinion, John R. A. Taylor has sufficient
vision to perform the driving tasks
required to operate a commercial
vehicle.’’ Mr. Taylor reported that he
has driven straight trucks for 20 years,
accumulating 300,000 miles. He holds a
Class B CDL from Virginia. His driving
record for the last three years shows no
crashes and no convictions for moving
violations in a CMV.
sradovich on DSK3GMQ082PROD with NOTICES
Justin L. Tidyman
Mr. Tidyman, 35, 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 2018, his optometrist
stated, ‘‘I feel that My. [sic] Tidyman has
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Tidyman reported that he
has driven straight trucks for 20 years,
accumulating 1.4 million miles, and
tractor-trailer combinations for seven
years, accumulating 140,000 miles. He
holds a Class A CDL from Arkansas. His
driving record for the last three years
shows no crashes and no convictions for
moving violations in a CMV.
Raul Torres Malaga
Mr. Torres Malaga, 60, has had
amblyopia in his right eye since birth.
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, ‘‘Upon completing the eye exam,
I find Mr. Torres visually capable to
operate a motor vehicle of any kind,
including commercial vehicles.’’ Mr.
Torres Malaga reported that he has
driven straight trucks for one year,
accumulating 9,100 miles, and tractortrailer combinations for three years,
accumulating 60,900 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.
Timothy L. Tucker
Mr. Tucker, 46, has had amblyopia in
his left eye since birth. The visual acuity
in his right eye is 20/20, and in his left
eye, 20/400. Following an examination
in 2017, his optometrist stated, ‘‘Patient,
Tim Tucker, should be allowed to
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operate a commercial vehicle with no
restrictions with respect to his visual
status.’’ Mr. Tucker reported that he has
driven straight trucks for 15 years,
accumulating 465,000 miles. He holds
an operator’s license from Kentucky. His
driving record for the last three years
shows no crashes and no convictions for
moving violations in a CMV.
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–2018–0008 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–2018–0008 and click ‘‘Search.’’
Next, click ‘‘Open Docket Folder’’ and
you will find all documents and
comments related to this notice.
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Issued on: April 2, 2018
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–07187 Filed 4–6–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
III. Request for Comments
PO 00000
15219
[FMCSA Docket No. FMCSA–2017–0286]
Qualification of Drivers; Exemption
Applications; Diabetes Mellitus
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to exempt 40 individuals from
the prohibition in the Federal Motor
Carrier Safety Regulations (FMCSRs)
against persons with insulin-treated
diabetes mellitus (ITDM) from operating
a commercial motor vehicle (CMV) in
interstate commerce. The exemptions
enable these individuals with ITDM to
operate CMVs in interstate commerce.
DATES: The exemptions were applicable
on February 16, 2018. The exemptions
expire on February 16, 2020.
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 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:
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 https://
www.regulations.gov and/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.
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
E:\FR\FM\09APN1.SGM
09APN1
]]>Agencies
[Federal Register Volume 83, Number 68 (Monday, April 9, 2018)]
[Notices]
[Pages 15216-15219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07187]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2018-0008]
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 17 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-2018-0008 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
[[Page 15217]]
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 17 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
Leobardo Antunez
Mr. Antunez, 66, has had a macular cyst in his left eye since 2000.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
400. Following an examination in 2018, his optometrist stated, ``In my
professional/medical opinion, Leobardo has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr.
Antunez reported that he has driven tractor-trailer combinations for 17
years, accumulating 1 million miles. He holds a Class A CDL from
Washington. His driving record for the last three years shows no
crashes and no convictions for moving violations in a CMV.
Jason P. Dostal
Mr. Dostal, 49, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
80. Following an examination in 2017, his optometrist stated, ``Has
sufficient vision to operate a commercial vehicle.'' Mr. Dostal
reported that he has driven straight trucks for seven years,
accumulating 182,000 miles. He holds a Class A CDL from Indiana. His
driving record for the last three years shows no crashes and no
[[Page 15218]]
convictions for moving violations in a CMV.
John C. Duncan
Mr. Duncan, 68, 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 ophthalmologist stated, ``In my
medical opinion, Mr. John Duncan has the sufficient vision to perform
the driving tasks required to operate a commercial vehicle land or
water.'' Mr. Duncan reported that he has driven straight trucks for 43
years, accumulating 64,500 miles, tractor-trailer combinations for five
years, accumulating 15,000 miles, and buses for 24 years, accumulating
48,000 miles. He holds a Class BM CDL from New York. His driving record
for the last three years shows no crashes and no convictions for moving
violations in a CMV.
Kenneth M. Emerson
Mr. Emerson, 66, has had amblyopia in his left eye since birth. The
visual acuity in his right eye is 20/20, and in his left eye, 20/50.
Following an examination in 2017, his optometrist stated, ``Kenneth has
adequate vision to drive a commercial vehicle.'' Mr. Emerson reported
that he has driven straight trucks for seven years, accumulating
700,000 miles. He holds an operator's license from Idaho. His driving
record for the last three years shows no crashes and no convictions for
moving violations in a CMV.
Michael C. Farley
Mr. Farley, 62, has had amblyopia in his right eye since birth. The
visual acuity in his right eye is 20/160, and in his left eye, 20/20.
Following an examination in 2017, his optometrist stated, ``In my
medical opinion he has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Farley reported that he
has driven tractor-trailer combinations for seven years, accumulating
700,000 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.
Steven W. Kyman
Mr. Kyman, 58, 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, ``Nothing
in our vision testing indicates Mr. Kyman should not continue to
possess a CDL and drive a commercial vehicle.'' Mr. Kyman reported that
he has driven tractor-trailer combinations for 14 years, accumulating
1.68 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.
Jeffrey T. Landry
Mr. Landry, 53, has had optic neuropathy in his left eye since
2015. The visual acuity in his right eye is 20/20, and in his left eye,
counting fingers. Following an examination in 2017, his ophthalmologist
stated, ``He has sufficient vision in his right eye to operate a
commercial vehicle, and has been successfully over the last [two] years
per his report.'' Mr. Landry reported that he has driven straight
trucks for four years, accumulating 48,000 miles, and tractor-trailer
combinations for 32 years, accumulating 3.8 million 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.
David A. Margetson
Mr. Margetson, 39, 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,
``In my opinion, there is no concern for him to operate a commercial
vehicle due to his vision'' Mr. Margetson reported that he has driven
straight trucks for 11 years, accumulating 215,644 miles. He holds an
operator's license from Michigan. His driving record for the last three
years shows no crashes and no convictions for moving violations in a
CMV.
Trent C. McCain
Mr. McCain, 41, has had retinopathy in his right eye since birth.
The visual acuity in his right eye is 20/400, and in his left eye, 20/
30. Following an examination in 2017, his optometrist stated, ``In my
medical opinion, Trent McCain has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. McCain
reported that he has driven straight trucks for 28 years, accumulating
28,000 miles, and tractor-trailer combinations for 17 years,
accumulating 1.44 million 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.
David M. McCarty
Mr. McCarty, 51, has a corneal scar in his left eye due to a
traumatic incident in 1986. 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, ``My medical opinion is that David has
sufficient vision to operate commercial vehicles.'' Mr. McCarty
reported that he has driven straight trucks for 28 years, accumulating
420,000 miles, and tractor-trailer combinations for 28 years,
accumulating 420,000 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.
Jeffrey W. Pike, Jr.
Mr. Pike, 41, has a cataract in his right eye due to a traumatic
incident in childhood. The visual acuity in his right eye is light
perception, and in his left eye, 20/20. Following an examination in
2018, his optometrist stated, ``In my opinion he has sufficient vision
to perform driving tasks required to operate a commercial vehicle and
has done so successfully for many years.'' Mr. Pike reported that he
has driven straight trucks for 25 years, accumulating 250,000 miles,
and tractor-trailer combinations for 23 years, accumulating 1.8 million
miles. He holds a Class A CDL from Minnesota. His driving record for
the last three years shows no crashes and no convictions for moving
violations in a CMV.
Jess C. Sanchez
Mr. Sanchez, 44, has had retinal ischemia in his left eye due to
lupus since 2007. The visual acuity in his right eye is 20/15, and in
his left eye, no light perception. Following an examination in 2017,
his ophthalmologist stated, ``From a visual perspective, he has
adequate vision to perform driving test required to operate a
commercial vehicle.'' Mr. Sanchez reported that he has driven tractor-
trailer combinations for 29 years, accumulating 1.7 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.
Ermanno M. Santucci
Mr. Santucci, 39, 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 optometrist
stated, ``Patient has sufficient vision to perform driving tasks and
drive a commercial vehicle.'' Mr. Santucci reported that he has driven
straight trucks for five years, accumulating 135,150 miles. He holds a
Class B CDL
[[Page 15219]]
from Illinois. His driving record for the last three years shows no
crashes and no convictions for moving violations in a CMV.
John R.A.Taylor
Mr. Taylor, 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/
400. Following an examination in 2017, his optometrist stated, ``I
certify that in my professional opinion, John R. A. Taylor has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Taylor reported that he has driven straight
trucks for 20 years, accumulating 300,000 miles. He holds a Class B CDL
from Virginia. His driving record for the last three years shows no
crashes and no convictions for moving violations in a CMV.
Justin L. Tidyman
Mr. Tidyman, 35, 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 2018, his optometrist
stated, ``I feel that My. [sic] Tidyman has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Tidyman reported that he has driven straight trucks for 20 years,
accumulating 1.4 million miles, and tractor-trailer combinations for
seven years, accumulating 140,000 miles. He holds a Class A CDL from
Arkansas. His driving record for the last three years shows no crashes
and no convictions for moving violations in a CMV.
Raul Torres Malaga
Mr. Torres Malaga, 60, has had amblyopia in his right eye since
birth. 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,
``Upon completing the eye exam, I find Mr. Torres visually capable to
operate a motor vehicle of any kind, including commercial vehicles.''
Mr. Torres Malaga reported that he has driven straight trucks for one
year, accumulating 9,100 miles, and tractor-trailer combinations for
three years, accumulating 60,900 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.
Timothy L. Tucker
Mr. Tucker, 46, has had amblyopia in his left eye since birth. The
visual acuity in his right eye is 20/20, and in his left eye, 20/400.
Following an examination in 2017, his optometrist stated, ``Patient,
Tim Tucker, should be allowed to operate a commercial vehicle with no
restrictions with respect to his visual status.'' Mr. Tucker reported
that he has driven straight trucks for 15 years, accumulating 465,000
miles. He holds an operator's license from Kentucky. 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-2018-0008 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-2018-0008 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. 2018-07187 Filed 4-6-18; 8:45 am]
BILLING CODE 4910-EX-P
