Qualification of Drivers; Exemption Applications; Vision, 24585-24587 [2018-11408]
Download as PDF
<![CDATA[
Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Notices
would not be consistent with the goals
and objectives of 49 U.S.C. 31136 and
31315.
Issued on: May 17, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–11438 Filed 5–25–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2018–0011]
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 12 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 June 28, 2018.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2018–0011 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
daltland on DSKBBV9HB2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
16:39 May 25, 2018
Jkt 244001
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.
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:
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 12 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
PO 00000
Frm 00129
Fmt 4703
Sfmt 4703
24585
that person has distant visual acuity of
at least 20/40 (Snellen) in each eye
without corrective lenses or visual
acuity separately corrected to 20/40
(Snellen) or better with corrective
lenses, distant binocular acuity of at
least 20/40 (Snellen) in both eyes with
or without corrective lenses, field of
vision of at least 70° in the horizontal
Meridian in each eye, and the ability to
recognize the colors of traffic signals
and devices showing standard red,
green, and amber.
In July 1992, the Agency first
published the criteria for the Vision
Waiver Program, which listed the
conditions and reporting standards that
CMV drivers approved for participation
would need to meet (Qualification of
Drivers; Vision Waivers, 57 FR 31458,
July 16, 1992). The current Vision
Exemption Program was established in
1998, following the enactment of
amendments to the statutes governing
exemptions made by § 4007 of the
Transportation Equity Act for the 21st
Century (TEA–21), Public Law 105–178,
112 Stat. 107, 401 (June 9, 1998). Vision
exemptions are considered under the
procedures established in 49 CFR part
381 subpart C, on a case-by-case basis
upon application by CMV drivers who
do not meet the vision standards of 49
CFR 391.41(b)(10).
To qualify for an exemption from the
vision requirement, FMCSA requires a
person to present verifiable evidence
that he/she has driven a commercial
vehicle safely with the vision deficiency
for the past three years. Recent driving
performance is especially important in
evaluating future safety, according to
several research studies designed to
correlate past and future driving
performance. Results of these studies
support the principle that the best
predictor of future performance by a
driver is his/her past record of crashes
and traffic violations. Copies of the
studies may be found at Docket Number
FMCSA–1998–3637.
FMCSA believes it can properly apply
the principle to monocular drivers,
because data from the Federal Highway
Administration’s (FHWA) former waiver
study program clearly demonstrated the
driving performance of experienced
monocular drivers in the program is
better than that of all CMV drivers
collectively (See 61 FR 13338, 13345,
March 26, 1996). The fact that
experienced monocular drivers
demonstrated safe driving records in the
waiver program supports a conclusion
that other monocular drivers, meeting
the same qualifying conditions as those
required by the waiver program, are also
likely to have adapted to their vision
E:\FR\FM\29MYN1.SGM
29MYN1
24586
Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Notices
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
Joseph W. Davis
Mr. Davis, 63, has had a central
retinal vein occlusion in his right eye
since 2012. The visual acuity in his
right eye is hand motion, and in his left
eye, 20/20. Following an examination in
2018, his ophthalmologist stated, ‘‘In
my medical opinion, this gentleman has
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Davis reported that he has
driven tractor-trailer combinations for
five years, accumulating 550,000 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.
daltland on DSKBBV9HB2PROD with NOTICES
Joshua D. Giles
Mr. Giles, 39, has had amblyopia in
his right eye since birth. The visual
acuity in his right eye is 20/15, and in
his left eye, 20/50. Following an
examination in 2018, his
ophthalmologist stated, ‘‘In my medical
opinion, Mr. Giles has sufficient vision
to perform driving tasks required to
operate commercial vehicles.’’ Mr. Giles
VerDate Sep<11>2014
16:39 May 25, 2018
Jkt 244001
reported that he has driven tractortrailer combinations for 17 years,
accumulating 1.02 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.
Michael J. Haubert
Mr. Haubert, 41, has a prosthetic right
eye due to a traumatic incident in 2013.
The visual acuity in his right eye is 20/
20, and in his left eye, no light
perception. Following an examination
in 2018, his optometrist stated,
‘‘Michael, it is in my medical opinion
you have sufficient vision to perform
the driving tasks necessary to operate a
commercial vehicle.’’ Mr. Haubert
reported that he has driven straight
trucks for 17 years, accumulating
221,000 miles, and tractor-trailer
combinations for 17 years, accumulating
85,00 miles. He holds a Class ABCD
CDL from Wisconsin. His driving record
for the last three years shows no crashes
and no convictions for moving
violations in a CMV.
Thomas R. Krentz
Mr. Krentz, 30, has had optic atrophy
in his right eye due to a traumatic
incident in 2003. 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, ‘‘I, Timothy J. Goldsmith,
Optometrist certify in my medical
opinion that Thomas Krentz has
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Krentz reported that he
has driven straight trucks for 13 years,
accumulating 130,000 miles, and
tractor-trailer combinations for 13 years,
accumulating 455,000 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.
Phil M. Lamp
Mr. Lamp, 45, has a prosthetic left eye
due to a traumatic incident in 1984. The
visual acuity in his right eye is 20/20,
and in his left eye, no light perception.
Following an examination in 2018, his
optometrist stated, ‘‘Overall I feel that
Mr. Lamp has sufficient vision to
perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
Lamp reported that he has driven
straight trucks for 20 years,
accumulating 500,000 miles, and
tractor-trailer combinations for 16 years,
accumulating 400,000 miles. He holds a
Class A CDL from West Virginia. His
driving record for the last three years
PO 00000
Frm 00130
Fmt 4703
Sfmt 4703
shows no crashes and no convictions for
moving violations in a CMV.
Jeffery S. Lathrop
Mr. Lathrop, 57, 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 2018, his optometrist
stated, ‘‘In my opinion, Jeff has
sufficient vision to operate a
commercial vehicle.’’ Mr. Lathrop
reported that he has driven straight
trucks for 29 years, accumulating 1.45
million miles, and tractor-trailer
combinations for 29 years, accumulating
1.45 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.
Terrence A. Odrick
Mr. Odrick, 53, has had amblyopia in
his right eye since birth. The visual
acuity in his right eye is 20/150, and in
his left eye, 20/15. Following an
examination in 2018, his optometrist
stated, ‘‘Patient has sufficient vision to
drive a commercial vehicle.’’
Mr. Odrick reported that he has
driven buses for 29 years, accumulating
471,250 miles. He holds an operator’s
license from Delaware. His driving
record for the last three years shows no
crashes and no convictions for moving
violations in a CMV.
James B. Powell
Mr. Powell, 54, has had iris coloboma
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 2018, his optometrist stated, ‘‘In my
medical opinion, Mr. Jim Powell has
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Powell reported that he
has driven straight trucks for 25 years,
accumulating 1.25 million miles, and
tractor-trailer combinations for 11 years,
accumulating 550,000 miles. He holds a
Class AM CDL from Illinois. His driving
record for the last three years shows no
crashes and no convictions for moving
violations in a CMV.
Raymond C. Smith
Mr. Smith, 63, 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 2018, his ophthalmologist stated, ‘‘In
my opinion as an ophthalmologist, he
has more than sufficient vision to
perform driving tasks of operating a
commercial vehicle using dual mirrors.’’
E:\FR\FM\29MYN1.SGM
29MYN1
Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Notices
Mr. Smith reported that he has driven
straight trucks for eight years,
accumulating 328,000 miles. He holds
an operator’s license from Pennsylvania.
His driving record for the last three
years shows no crashes and no
convictions for moving violations in a
CMV.
Zebrial C. Stahmer
Mr. Stahmer, 33, has had amblyopia
in his right eye since childhood. The
visual acuity in his right eye is 20/200,
and in his left eye, 20/20. Following an
examination in 2018, his optometrist
stated, ‘‘In my medical opinion, Mr.
Stahmer has sufficient vision to perform
the driving tasks required to operate a
commercial vehicle.’’ Mr. Stahmer
reported that he has driven straight
trucks for ten years, accumulating 1.04
million miles, and tractor-trailer
combinations for six years,
accumulating 168,480 miles. He holds a
Class A CDL from Montana. His driving
record for the last three years shows no
crashes and no convictions for moving
violations in a CMV.
Leon W. Tanksley, III
Mr. Tanksley, 40, has had amblyopia
in his right eye since childhood. The
visual acuity in his right eye is 20/150,
and in his left eye, 20/20. Following an
examination in 2017, his
ophthalmologist stated, ‘‘His visual field
with both eyes open is normal along
with a 120-degree horizontal axis and in
my medical opinion, the vision out of
his good eye is sufficient to operate a
commercial vehicle.’’ Mr. Tanksley
reported that he has driven tractortrailer combinations for eight years,
accumulating 760,000 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.
daltland on DSKBBV9HB2PROD with NOTICES
Timothy E. Thomas
Mr. Thomas, 44, has a prosthetic right
eye due to a traumatic incident in 2002.
The visual acuity in his right eye is no
light perception, and in his left eye, 20/
20. Following an examination in 2018,
his optometrist stated, ‘‘Patient has
sufficient vision in his left eye to
operate a commercial vehicle.’’ Mr.
Thomas reported that he has driven
tractor-trailer combinations for 20 years,
accumulating 1.1 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.
VerDate Sep<11>2014
16:39 May 25, 2018
Jkt 244001
24587
III. Request for Comments
DEPARTMENT OF TRANSPORTATION
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.
Federal Motor Carrier Safety
Administration
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–2018–0011 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–2018–0011 and click ‘‘Search.’’
Next, click ‘‘Open Docket Folder’’ and
you will find all documents and
comments related to this notice.
Issued on: May 17, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–11408 Filed 5–25–18; 8:45 am]
BILLING CODE 4910–EX–P
PO 00000
Frm 00131
Fmt 4703
Sfmt 4703
[Docket No. FMCSA–1999–5578; FMCSA–
2001–10578; FMCSA–2002–12844; FMCSA–
2003–14223; FMCSA–2003–16564; FMCSA–
2005–21711; FMCSA–2005–22194; FMCSA–
2005–22727; FMCSA–2005–23099; FMCSA–
2006–24783; FMCSA–2007–0017; FMCSA–
2007–0071; FMCSA–2007–27897; FMCSA–
2009–0291; FMCSA–2009–0303; FMCSA–
2011–0140; FMCSA–2011–0141; FMCSA–
2011–0325; FMCSA–2011–0365; FMCSA–
2011–0366; FMCSA–2013–0168; FMCSA–
2013–0169; FMCSA–2013–0170; FMCSA–
2013–0174; FMCSA–2015–0053; FMCSA–
2015–0055; FMCSA–2015–0056; FMCSA–
2015–0070; FMCSA–2015–0072; FMCSA–
2015–0344; FMCSA–2015–0345; FMCSA–
2015–0347; FMCSA–2015–0348]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to renew exemptions for 85
individuals from the vision requirement
in the Federal Motor Carrier Safety
Regulations (FMCSRs) for interstate
commercial motor vehicle (CMV)
drivers. The exemptions enable these
individuals to continue to operate CMVs
in interstate commerce without meeting
the vision requirement in one eye.
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 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
E:\FR\FM\29MYN1.SGM
29MYN1
]]>Agencies
[Federal Register Volume 83, Number 103 (Tuesday, May 29, 2018)]
[Notices]
[Pages 24585-24587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11408]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2018-0011]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of applications for exemption; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces receipt of applications from 12 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 June 28, 2018.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2018-0011 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 12 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
[[Page 24586]]
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
Joseph W. Davis
Mr. Davis, 63, has had a central retinal vein occlusion in his
right eye since 2012. The visual acuity in his right eye is hand
motion, and in his left eye, 20/20. Following an examination in 2018,
his ophthalmologist stated, ``In my medical opinion, this gentleman has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Davis reported that he has driven tractor-
trailer combinations for five years, accumulating 550,000 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.
Joshua D. Giles
Mr. Giles, 39, has had amblyopia in his right eye since birth. The
visual acuity in his right eye is 20/15, and in his left eye, 20/50.
Following an examination in 2018, his ophthalmologist stated, ``In my
medical opinion, Mr. Giles has sufficient vision to perform driving
tasks required to operate commercial vehicles.'' Mr. Giles reported
that he has driven tractor-trailer combinations for 17 years,
accumulating 1.02 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.
Michael J. Haubert
Mr. Haubert, 41, has a prosthetic right eye due to a traumatic
incident in 2013. The visual acuity in his right eye is 20/20, and in
his left eye, no light perception. Following an examination in 2018,
his optometrist stated, ``Michael, it is in my medical opinion you have
sufficient vision to perform the driving tasks necessary to operate a
commercial vehicle.'' Mr. Haubert reported that he has driven straight
trucks for 17 years, accumulating 221,000 miles, and tractor-trailer
combinations for 17 years, accumulating 85,00 miles. He holds a Class
ABCD CDL from Wisconsin. His driving record for the last three years
shows no crashes and no convictions for moving violations in a CMV.
Thomas R. Krentz
Mr. Krentz, 30, has had optic atrophy in his right eye due to a
traumatic incident in 2003. 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, ``I, Timothy J. Goldsmith, Optometrist
certify in my medical opinion that Thomas Krentz has sufficient vision
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Krentz reported that he has driven straight trucks for
13 years, accumulating 130,000 miles, and tractor-trailer combinations
for 13 years, accumulating 455,000 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.
Phil M. Lamp
Mr. Lamp, 45, has a prosthetic left eye due to a traumatic incident
in 1984. The visual acuity in his right eye is 20/20, and in his left
eye, no light perception. Following an examination in 2018, his
optometrist stated, ``Overall I feel that Mr. Lamp has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Lamp reported that he has driven straight trucks for 20
years, accumulating 500,000 miles, and tractor-trailer combinations for
16 years, accumulating 400,000 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.
Jeffery S. Lathrop
Mr. Lathrop, 57, 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 2018, his optometrist stated, ``In my
opinion, Jeff has sufficient vision to operate a commercial vehicle.''
Mr. Lathrop reported that he has driven straight trucks for 29 years,
accumulating 1.45 million miles, and tractor-trailer combinations for
29 years, accumulating 1.45 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.
Terrence A. Odrick
Mr. Odrick, 53, has had amblyopia in his right eye since birth. The
visual acuity in his right eye is 20/150, and in his left eye, 20/15.
Following an examination in 2018, his optometrist stated, ``Patient has
sufficient vision to drive a commercial vehicle.''
Mr. Odrick reported that he has driven buses for 29 years,
accumulating 471,250 miles. He holds an operator's license from
Delaware. His driving record for the last three years shows no crashes
and no convictions for moving violations in a CMV.
James B. Powell
Mr. Powell, 54, has had iris coloboma 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 2018,
his optometrist stated, ``In my medical opinion, Mr. Jim Powell has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Powell reported that he has driven straight
trucks for 25 years, accumulating 1.25 million miles, and tractor-
trailer combinations for 11 years, accumulating 550,000 miles. He holds
a Class AM CDL from Illinois. His driving record for the last three
years shows no crashes and no convictions for moving violations in a
CMV.
Raymond C. Smith
Mr. Smith, 63, 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 2018,
his ophthalmologist stated, ``In my opinion as an ophthalmologist, he
has more than sufficient vision to perform driving tasks of operating a
commercial vehicle using dual mirrors.''
[[Page 24587]]
Mr. Smith reported that he has driven straight trucks for eight years,
accumulating 328,000 miles. He holds an operator's license from
Pennsylvania. His driving record for the last three years shows no
crashes and no convictions for moving violations in a CMV.
Zebrial C. Stahmer
Mr. Stahmer, 33, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/200, and in his
left eye, 20/20. Following an examination in 2018, his optometrist
stated, ``In my medical opinion, Mr. Stahmer has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Stahmer reported that he has driven straight trucks for ten years,
accumulating 1.04 million miles, and tractor-trailer combinations for
six years, accumulating 168,480 miles. He holds a Class A CDL from
Montana. His driving record for the last three years shows no crashes
and no convictions for moving violations in a CMV.
Leon W. Tanksley, III
Mr. Tanksley, 40, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/150, and in his
left eye, 20/20. Following an examination in 2017, his ophthalmologist
stated, ``His visual field with both eyes open is normal along with a
120-degree horizontal axis and in my medical opinion, the vision out of
his good eye is sufficient to operate a commercial vehicle.'' Mr.
Tanksley reported that he has driven tractor-trailer combinations for
eight years, accumulating 760,000 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.
Timothy E. Thomas
Mr. Thomas, 44, has a prosthetic right eye due to a traumatic
incident in 2002. The visual acuity in his right eye is no light
perception, and in his left eye, 20/20. Following an examination in
2018, his optometrist stated, ``Patient has sufficient vision in his
left eye to operate a commercial vehicle.'' Mr. Thomas reported that he
has driven tractor-trailer combinations for 20 years, accumulating 1.1
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.
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-2018-0011 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-2018-0011 and click ``Search.'' Next, click
``Open Docket Folder'' and you will find all documents and comments
related to this notice.
Issued on: May 17, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-11408 Filed 5-25-18; 8:45 am]
BILLING CODE 4910-EX-P
