Qualification of Drivers; Exemption Applications; Vision, 28320-28323 [2018-13007]
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Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices
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 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:
FOR FURTHER INFORMATION CONTACT:
amozie on DSK3GDR082PROD with NOTICES1
I. Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption for five
years 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 physical qualification standard
for drivers regarding hearing found in
49 CFR 391.41(b)(11) states that a
person is physically qualified to driver
a CMV if that person first perceives a
forced whispered voice in the better ear
at not less than 5 feet with or without
the use of a hearing aid or, if tested by
use of an audiometric device, does not
have an average hearing loss in the
better ear greater than 40 decibels at 500
Hz, 1,000 Hz, and 2,000 Hz with or
without a hearing aid when the
audiometric device is calibrated to
American National Standard (formerly
ASA Standard) Z24.5—1951.
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49 CFR 391.41(b)(11) was adopted in
1970, with a revision in 1971 to allow
drivers to be qualified under this
standard while wearing a hearing aid,
35 FR 6458, 6463 (April 22, 1970) and
36 FR 12857 (July 3, 1971).
The 3 individuals listed in this notice
have requested renewal of their
exemptions from the hearing standard
in 49 CFR 391.41(b)(11), in accordance
with FMCSA procedures. Accordingly,
FMCSA has evaluated these
applications for renewal on their merits
and decided to extend each exemption
for a renewable two-year period.
II. Request for Comments
Interested parties or organizations
possessing information that would
otherwise show that any, or all, of these
drivers are not currently achieving the
statutory level of safety should
immediately notify FMCSA. The
Agency will evaluate any adverse
evidence submitted and, if safety is
being compromised or if continuation of
the exemption would not be consistent
with the goals and objectives of 49
U.S.C. 31136(e) and 31315, FMCSA will
take immediate steps to revoke the
exemption of a driver.
III. Basis for Renewing Exemptions
In accordance with 49 U.S.C. 31136(e)
and 31315, each of the 19 applicants has
satisfied the renewal conditions for
obtaining an exemption from the
hearing requirement. The 19 drivers in
this notice remain in good standing with
the Agency. In addition, for Commercial
Driver’s License (CDL) holders, the
Commercial Driver’s License
Information System (CDLIS) and the
Motor Carrier Management Information
System (MCMIS) are searched for crash
and violation data. For non-CDL
holders, the Agency reviews the driving
records from the State Driver’s
Licensing Agency (SDLA). These factors
provide an adequate basis for predicting
each driver’s ability to continue to
safely operate a CMV in interstate
commerce. Therefore, FMCSA
concludes that extending the exemption
for each of these drivers for a period of
two years is likely to achieve a level of
safety equal to that existing without the
exemption.
As of May 18, 2018, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 3 individuals have
satisfied the renewal conditions for
obtaining an exemption from the
hearing requirement in the FMCSRs for
interstate CMV drivers:
Tom Buretz, (FL); James Dalrymple,
(AZ); and Derron Washington. (IL).
The drivers were included in docket
number FMCSA–2015–0328. Their
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exemptions are applicable as of May 18,
2018, and will expire on May 18, 2020.
IV. Conditions and Requirements
The exemptions are extended subject
to the following conditions: (1) Each
driver must report any crashes or
accidents as defined in 49 CFR 390.5;
and (2) report all citations and
convictions for disqualifying offenses
under 49 CFR part 383 and 49 CFR 391
to FMCSA; and (3) each driver
prohibited from operating a motorcoach
or bus with passengers in interstate
commerce. The driver must also have a
copy of the exemption when driving, for
presentation to a duly authorized
Federal, State, or local enforcement
official. In addition, the exemption does
not exempt the individual from meeting
the applicable CDL testing
requirements. Each exemption will be
valid for two years unless rescinded
earlier by FMCSA. The exemption will
be rescinded if: (1) The person fails to
comply with the terms and conditions
of the exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained before it was granted; or
(3) continuation of the exemption would
not be consistent with the goals and
objectives of 49 U.S.C. 31136(e) and
31315.
V. Preemption
During the period the exemption is in
effect, no State shall enforce any law or
regulation that conflicts with this
exemption with respect to a person
operating under the exemption.
VI. Conclusion
Based upon its evaluation of the 19
exemption applications, FMCSA renews
the exemptions of the aforementioned
drivers from the hearing requirement in
49 CFR 391.41 (b)(11). In accordance
with 49 U.S.C. 31136(e) and 31315, each
exemption will be valid for two years
unless revoked earlier by FMCSA.
Issued on: June 11, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–13013 Filed 6–15–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2018–0012]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
AGENCY:
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Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices
Notice of applications for
exemption; request for comments.
ACTION:
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 July 18, 2018.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2018–0012 using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 1200
New Jersey Avenue SE, West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery: West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., e.t.,
Monday through Friday, except Federal
Holidays.
• Fax: 1–202–493–2251.
Instructions: Each submission must
include the Agency name and the
docket number(s) for this notice. Note
that all comments received will be
posted without change to https://
www.regulations.gov, including any
personal information provided. Please
see the Privacy Act heading below for
further information.
Docket: For access to the docket to
read background documents or
comments, go to https://
www.regulations.gov at any time or
Room W12–140 on the ground level of
the West Building, 1200 New Jersey
Avenue SE, Washington, DC, between 9
a.m. and 5 p.m., e.t., Monday through
Friday, except Federal holidays. The
FDMS is available 24 hours each day,
365 days each year. If you want
acknowledgment that we received your
comments, please include a selfaddressed, stamped envelope or
postcard or print the acknowledgement
page that appears after submitting
comments online.
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
rulemaking process. DOT posts these
comments, without edit, including any
personal information the commenter
amozie on DSK3GDR082PROD with NOTICES1
SUMMARY:
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Jkt 244001
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
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
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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.
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,
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Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices
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
Mark F. Besco
Mr. Besco, 27, has had a macular scar
in his right eye since childhood. The
visual acuity in his right eye is 20/100,
and in his left eye, 20/20. Following an
examination in 2018, his
ophthalmologist stated, ‘‘He has no
color deficiency in either eye and in our
professional medical opinion he has
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Besco reported that he has
driven straight trucks for two years,
accumulating 13,000 miles, and tractortrailer combinations for two years,
accumulating 20,000 miles. He holds a
Class A CDL from Iowa. His driving
record for the last three years shows no
crashes and no convictions for moving
violations in a CMV.
William T. Cummins
amozie on DSK3GDR082PROD with NOTICES1
Mr. Cummins, 71, has complete loss
of vision in his right eye due to a
traumatic incident in 1979. 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, ‘‘It is my medical
opinion that Mr. Cummins has
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Cummins reported that he
has driven straight trucks for 15 years,
accumulating 37,500 miles, and tractortrailer combinations for 25 years,
accumulating 1.56 million miles. He
holds a Class DMA CDL from Kentucky.
His driving record for the last three
years shows no crashes and no
convictions for moving violations in a
CMV.
Aaron L. Fox
Mr. Fox, 34, had his left eye
enucleated due to toxoplasmosis 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, ‘‘I
believe that Mr. Fox has sufficient
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vision to perform the driving tasks
required to operate a commercial
vehicle.’’ Mr. Fox reported that he has
driven straight trucks for nine years,
accumulating 450,000 miles and tractortrailer combinations for one year,
accumulating 117,000 miles. He holds a
Class A CDL from Ohio. His driving
record for the last three years shows one
crash, for which he was not cited, and
no convictions for moving violations in
a CMV.
Ryan N. Goyne
Mr. Goyne, 37, has retinal scarring in
his left eye due to a traumatic incident
in childhood. The visual acuity in his
right eye is 20/20, and in his left eye,
no light perception. Following an
examination in 2018, his optometrist
stated, ‘‘I feel Mr. Goyne has adequate
vision to perform tasks required to
operate a commercial vehicle.’’
Mr. Goyne reported that he has driven
straight trucks for six years,
accumulating 36,000 miles. He holds an
operator’s license from Arkansas. His
driving record for the last three years
shows no crashes and no convictions for
moving violations in a CMV.
Eric M. Kohrs
Mr. Kohrs, 26, 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 2018, his optometrist
stated, ‘‘In my opinion, given Eric’s total
visual field OU and BCVA OU Eric
should be able to perform the required
visual tasks to operate a commercial
vehicle.’’ Mr. Kohrs reported that he has
driven straight trucks for four years,
accumulating 10,400 miles. He holds an
operator’s license from Illinois. His
driving record for the last three years
shows no crashes and no convictions for
moving violations in a CMV.
Michael P. Mazza
Mr. Mazza, 51, has had a macular scar
in his left eye since birth. The visual
acuity in his right eye is 20/10, and in
his left eye, 20/150. Following an
examination in 2018, his optometrist
stated, ‘‘Mr. Mazza has sufficient vision
to perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
Mazza reported that he has driven
straight trucks for 32 years,
accumulating 1.6 million miles and
tractor-trailer combinations for 16 years,
accumulating 800,000 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.
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James L. Okonek
Mr. Okonek, 54, had his left eye
enucleated due to a tumor in 2006. The
visual acuity in his right eye is 20/20,
and in his left eye, no light perception.
Following an examination in 2017, his
optometrist stated, ‘‘It is my medical
opinion that Mr. Okonek has sufficient
vision to perform the driving tasks
required to operate a commercial
vehicle.’’ Mr. Okonek reported that he
has driven straight trucks for 14 years,
accumulating 1.82 million miles,
tractor-trailer combinations for five
years, accumulating 50,000 miles, and
buses for five years, accumulating
60,000 miles. He holds a Class ABCDM
CDL from Wisconsin. His driving record
for the last three years shows no crashes
and no convictions for moving
violations in a CMV.
Jeffrey S. Rockhill
Mr. Rockhill, 37, 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 2018, his optometrist
stated, ‘‘Jeff has sufficient vision to
perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
Rockhill reported that he has driven
straight trucks for 17 years,
accumulating 34,000 miles, and tractortrailer combinations for 17 years,
accumulating 51,000 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.
Travis D. Summerville
Mr. Summerville, 38, has aphakia in
his left eye due to a traumatic incident
in childhood. The visual acuity in his
right eye is 20/20, and in his left eye,
hand motion. Following an examination
in 2018, his optometrist stated, ‘‘Mr.
Summerville has sufficient vision to
operate a commercial vehicle.’’ Mr.
Summerville reported that he has driven
straight trucks for three years,
accumulating 50,400 miles. He holds an
operator’s license from Illinois. His
driving record for the last three years
shows no crashes and no convictions for
moving violations in a CMV.
Lora D. Swindall
Ms. Swindall, 50, has had amblyopia
in her right eye since birth. The visual
acuity in her right eye is 20/200, and in
her left eye, 20/20. Following an
examination in 2018, her optometrist
stated, ‘‘In my medical opinion, Ms.
Swindall’s vision is sufficient for safely
operating a motorized commercial
vehicle.’’ Ms. Swindall reported that she
has driven straight trucks for 12 years,
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Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices
accumulating 300,000 miles, and
tractor-trailer combinations for 12 years,
accumulating 780,000 miles. She holds
a Class AM CDL from Alabama. Her
driving record for the last three years
shows one crash, which she was not
cited for, and no convictions for moving
violations in a CMV.
Francis J. Toth
Mr. Toth, 61, has complete loss of
vision in his left eye due to a traumatic
incident in 2012. 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, ‘‘In my
professional opinion, Mr. Toth does
have sufficient vision to perform the
driving test required to operate a
commercial vehicle.’’ Mr. Toth reported
that he has driven tractor-trailer
combinations for 38 years, accumulating
2.85 million 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.
Joseph A. Zaccaro
Mr. Zaccaro, 77, has had a
chorioretinal scar in his left eye since
1992. The visual acuity in his right eye
is 20/30, and in his left eye, 20/300.
Following an examination in 2018, his
ophthalmologist stated, ‘‘In Dr. Mock’s
professional opinion, the patient has
sufficient vision to operated [sic] a
commercial vehicle.’’ Mr. Zaccaro
reported that he has driven straight
trucks for 40 years, accumulating
600,000 miles, and tractor-trailer
combinations for 40 years, accumulating
600,000 miles. He holds a Class A CDL
from Alabama. His driving record for
the last three years shows no crashes
and no convictions for moving
violations in a CMV.
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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
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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–2018–0012 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–2018–0012 and click ‘‘Search.’’
Next, click ‘‘Open Docket Folder’’ and
you will find all documents and
comments related to this notice.
Issued on: June 11, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–13007 Filed 6–15–18; 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 final disposition.
AGENCY:
FMCSA announces its
decision to exempt 17 individuals from
the vision requirement in the Federal
Motor Carrier Safety Regulations
(FMCSRs) to operate a commercial
motor vehicle (CMV) in interstate
commerce. They are unable to meet the
vision requirement in one eye for
various reasons. The exemptions enable
these individuals to operate CMVs in
SUMMARY:
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28323
interstate commerce without meeting
the vision requirement in one eye.
DATES: The exemptions were applicable
on May 10, 2018. The exemptions
expire on May 10, 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:
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
provides, to https://www.regulations.gov,
as described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
II. Background
On April 9, 2018, FMCSA published
a notice announcing receipt of
applications from 17 individuals
requesting an exemption from vision
requirement in 49 CFR 391.41(b)(10)
and requested comments from the
public (83 FR 15216). The public
comment period ended on May 9, 2018,
and one comment was received.
FMCSA has evaluated the eligibility
of these applicants and determined that
granting the exemptions to these
individuals would achieve a level of
safety equivalent to or greater than the
level that would be achieved by
complying with the current regulation
49 CFR 391.41(b)(10).
The physical qualification standard
for drivers regarding vision found in 49
CFR 391.41(b)(10) states that a person is
physically qualified to driver a CMV if
E:\FR\FM\18JNN1.SGM
18JNN1
]]>Agencies
[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)]
[Notices]
[Pages 28320-28323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13007]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2018-0012]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
[[Page 28321]]
ACTION: Notice of applications for exemption; request for comments.
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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 July 18, 2018.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2018-0012 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 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,
[[Page 28322]]
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
Mark F. Besco
Mr. Besco, 27, has had a macular scar in his right eye since
childhood. The visual acuity in his right eye is 20/100, and in his
left eye, 20/20. Following an examination in 2018, his ophthalmologist
stated, ``He has no color deficiency in either eye and in our
professional medical opinion he has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Besco
reported that he has driven straight trucks for two years, accumulating
13,000 miles, and tractor-trailer combinations for two years,
accumulating 20,000 miles. He holds a Class A CDL from Iowa. His
driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.
William T. Cummins
Mr. Cummins, 71, has complete loss of vision in his right eye due
to a traumatic incident in 1979. 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, ``It is my medical opinion
that Mr. Cummins has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Cummins reported that
he has driven straight trucks for 15 years, accumulating 37,500 miles,
and tractor-trailer combinations for 25 years, accumulating 1.56
million miles. He holds a Class DMA CDL from Kentucky. His driving
record for the last three years shows no crashes and no convictions for
moving violations in a CMV.
Aaron L. Fox
Mr. Fox, 34, had his left eye enucleated due to toxoplasmosis 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, ``I believe that Mr. Fox has sufficient vision
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Fox reported that he has driven straight trucks for nine
years, accumulating 450,000 miles and tractor-trailer combinations for
one year, accumulating 117,000 miles. He holds a Class A CDL from Ohio.
His driving record for the last three years shows one crash, for which
he was not cited, and no convictions for moving violations in a CMV.
Ryan N. Goyne
Mr. Goyne, 37, has retinal scarring in his left eye due to a
traumatic incident in childhood. The visual acuity in his right eye is
20/20, and in his left eye, no light perception. Following an
examination in 2018, his optometrist stated, ``I feel Mr. Goyne has
adequate vision to perform tasks required to operate a commercial
vehicle.''
Mr. Goyne reported that he has driven straight trucks for six
years, accumulating 36,000 miles. He holds an operator's license from
Arkansas. His driving record for the last three years shows no crashes
and no convictions for moving violations in a CMV.
Eric M. Kohrs
Mr. Kohrs, 26, 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 2018, his optometrist stated, ``In my
opinion, given Eric's total visual field OU and BCVA OU Eric should be
able to perform the required visual tasks to operate a commercial
vehicle.'' Mr. Kohrs reported that he has driven straight trucks for
four years, accumulating 10,400 miles. He holds an operator's license
from Illinois. His driving record for the last three years shows no
crashes and no convictions for moving violations in a CMV.
Michael P. Mazza
Mr. Mazza, 51, has had a macular scar in his left eye since birth.
The visual acuity in his right eye is 20/10, and in his left eye, 20/
150. Following an examination in 2018, his optometrist stated, ``Mr.
Mazza has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Mazza reported that he has driven
straight trucks for 32 years, accumulating 1.6 million miles and
tractor-trailer combinations for 16 years, accumulating 800,000 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.
James L. Okonek
Mr. Okonek, 54, had his left eye enucleated due to a tumor in 2006.
The visual acuity in his right eye is 20/20, and in his left eye, no
light perception. Following an examination in 2017, his optometrist
stated, ``It is my medical opinion that Mr. Okonek has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Okonek reported that he has driven straight trucks for
14 years, accumulating 1.82 million miles, tractor-trailer combinations
for five years, accumulating 50,000 miles, and buses for five years,
accumulating 60,000 miles. He holds a Class ABCDM CDL from Wisconsin.
His driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.
Jeffrey S. Rockhill
Mr. Rockhill, 37, 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 2018, his optometrist
stated, ``Jeff has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Rockhill reported that
he has driven straight trucks for 17 years, accumulating 34,000 miles,
and tractor-trailer combinations for 17 years, accumulating 51,000
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.
Travis D. Summerville
Mr. Summerville, 38, has aphakia in his left eye due to a traumatic
incident in childhood. The visual acuity in his right eye is 20/20, and
in his left eye, hand motion. Following an examination in 2018, his
optometrist stated, ``Mr. Summerville has sufficient vision to operate
a commercial vehicle.'' Mr. Summerville reported that he has driven
straight trucks for three years, accumulating 50,400 miles. He holds an
operator's license from Illinois. His driving record for the last three
years shows no crashes and no convictions for moving violations in a
CMV.
Lora D. Swindall
Ms. Swindall, 50, has had amblyopia in her right eye since birth.
The visual acuity in her right eye is 20/200, and in her left eye, 20/
20. Following an examination in 2018, her optometrist stated, ``In my
medical opinion, Ms. Swindall's vision is sufficient for safely
operating a motorized commercial vehicle.'' Ms. Swindall reported that
she has driven straight trucks for 12 years,
[[Page 28323]]
accumulating 300,000 miles, and tractor-trailer combinations for 12
years, accumulating 780,000 miles. She holds a Class AM CDL from
Alabama. Her driving record for the last three years shows one crash,
which she was not cited for, and no convictions for moving violations
in a CMV.
Francis J. Toth
Mr. Toth, 61, has complete loss of vision in his left eye due to a
traumatic incident in 2012. 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, ``In my professional opinion, Mr.
Toth does have sufficient vision to perform the driving test required
to operate a commercial vehicle.'' Mr. Toth reported that he has driven
tractor-trailer combinations for 38 years, accumulating 2.85 million
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.
Joseph A. Zaccaro
Mr. Zaccaro, 77, has had a chorioretinal scar in his left eye since
1992. The visual acuity in his right eye is 20/30, and in his left eye,
20/300. Following an examination in 2018, his ophthalmologist stated,
``In Dr. Mock's professional opinion, the patient has sufficient vision
to operated [sic] a commercial vehicle.'' Mr. Zaccaro reported that he
has driven straight trucks for 40 years, accumulating 600,000 miles,
and tractor-trailer combinations for 40 years, accumulating 600,000
miles. He holds a Class A CDL from Alabama. 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-2018-0012 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-2018-0012 and click ``Search.'' Next, click
``Open Docket Folder'' and you will find all documents and comments
related to this notice.
Issued on: June 11, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-13007 Filed 6-15-18; 8:45 am]
BILLING CODE 4910-EX-P
