Qualification of Drivers; Exemption Applications; Vision, 33292-33295 [2018-15261]
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Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Notices
they require excessive interaction. The
exemption application states that, as a
result of frequent stops to pick up trash,
its drivers re required to interact with
the ELD ‘‘hundreds if not thousands of
times a day.’’ WMH asserts that ELDs
are not designed for such operations and
that they lack ‘‘a provision for blocking
service time.’’ WMH also states that the
ELDs do not accurately capture the duty
status of its drivers. According to the
application, WMH has been actively
working with its ELD provider to
improve ELD performance in this
environment, but that progress has been
limited. WMH also asserts that the
excessive driver-ELD interaction
impacts ‘‘driver safety and the safety of
the communities we serve.’’
WMH notes that certain CMV drivers
may already operate up to 14 hours
without forfeiting short-haul status, for
example those in the ready-mixed
concrete industry [49 CFR
395.1(e)(1)(ii)(B)] or the asphalt-paving
business [83 FR 3864, Jan. 26, 2018]. It
asserts that WMH’s operations are
similar to these industries because its
drivers ‘‘spend a significant portion of
their days conducting non-driving
duties.’’ It states that WMH anticipates
‘‘no reduction in safety from the
exemption requested, and a potential for
increased safety due to reduced [driver]
distraction.’’
WMH cites its fatigue management
program as further evidence that
operations with the exemption in place
would equal or exceed the level of
safety under the current HOS
regulations. This program includes the
use of video event recorders triggered by
unusual events suggestive of driver
fatigue, like aggressive braking, steering,
or acceleration. When WMH’s
assessment of the recording indicates
that driver fatigue is involved, WMH
managers may discipline the driver.
More commonly, WMH managers assess
the driver’s overall lifestyle and health,
including his or her off-duty activities
and medical history, and counsel the
individual on changes he or she can
undertake to ameliorate fatigue. WMH
managers also ride with each employeedriver several times a year to observe his
or her performance.
WMH requests a 5-year exemption.
WMH’s application for exemption,
including a list of its 84 operating
companies, is available for review in the
docket for this notice.
Issued on: June 22, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–15264 Filed 7–16–18; 8:45 am]
BILLING CODE 4910–EX–P
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2018–0014]
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 13 individuals for an
exemption from the vision requirement
in the Federal Motor Carrier Safety
Regulations (FMCSRs) to operate a
commercial motor vehicle (CMV) in
interstate commerce. If granted, the
exemptions will enable these
individuals to operate CMVs in
interstate commerce without meeting
the vision requirement in one eye.
DATES: Comments must be received on
or before August 16, 2018.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2018–0014 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
SUMMARY:
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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 13 individuals listed in this
notice have requested an exemption
from the vision requirement in 49 CFR
391.41(b)(10). Accordingly, the Agency
will evaluate the qualifications of each
applicant to determine whether granting
an exemption will achieve the required
level of safety mandated by statute.
The physical qualification standard
for drivers regarding vision found in 49
CFR 391.41(b)(10) states that a person is
physically qualified to drive a CMV if
that person has distant visual acuity of
at least 20/40 (Snellen) in each eye
without corrective lenses or visual
acuity separately corrected to 20/40
(Snellen) or better with corrective
lenses, distant binocular acuity of at
least 20/40 (Snellen) in both eyes with
or without corrective lenses, field of
vision of at least 70° in the horizontal
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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.
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
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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
Ronald D. Blakely
Mr. Blakely, 63, has had amblyopia in
his left eye since childhood. The visual
acuity in his right eye is 20/20, and in
his left eye, 20/50. Following an
examination in 2018, his optometrist
stated, ‘‘I feel that Ron has sufficient
vision to perform the driving tasks
required to operate a commercial
vehicle since the amblyopia is
longstanding, stable, and he is well
adjusted.’’ Mr. Blakely reported that he
has driven straight trucks for 35 years,
accumulating 1.58 million miles, and
buses for one year, accumulating 25,000
miles. He holds a Class CB CDL from
Michigan. His driving record for the last
three years shows no crashes and no
convictions for moving violations in a
CMV.
Homero Dominguez
Mr. Dominguez, 51, has a prosthetic
left eye due to a traumatic incident in
2000. 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, ‘‘In my
opinion Mr. Dominguez has sufficient
vision to perform the driving tasks
required to operate a commercial
vehicle.’’ Mr. Dominguez reported that
he has driven tractor-trailer
combinations for four years,
accumulating 340,000 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.
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Larry L. George
Mr. George, 59, has had a corneal scar
in his right eye since childhood. The
visual acuity in his right eye is counting
fingers, and in his left eye, 20/25.
Following an examination in 2018, his
ophthalmologist stated, ‘‘Mr. George’s
vision is sufficient to drive a
commercial vehicle.’’ Mr. George
reported that he has driven straight
trucks for two years, accumulating
100,000 miles, and tractor-trailer
combinations for 30 years, accumulating
6 million miles. He holds an operator’s
license from Louisiana. His driving
record for the last three years shows no
crashes and no convictions for moving
violations in a CMV.
Jason C. Hetrick
Mr. Hetrick, 38, has complete loss of
vision in his left eye due to a traumatic
incident in 1987. 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, ‘‘Based on my understanding of
the visual requirements for commercial
vehicle operation, Mr. Hetrick has
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Hetrick reported that he
has driven straight trucks for 25 years,
accumulating 381,250 miles, and
tractor-trailer combinations for seven
years, accumulating 3,500 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.
Michael A. Hildebrand
Mr. Hildebrand, 40, has had posterior
staphyloma 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
2018, his optometrist stated, ‘‘In my
medical opinion, Michael Hildebrand
has sufficient vision to perform the
driving tasks required to operate a
commercial vehicle.’’ Mr. Hildebrand
reported that he has driven straight
trucks for 12 years, accumulating
374,400 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.
Junior M. Isenberg
Mr. Isenberg, 63, 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 2018, his optometrist
stated, ‘‘In my opinion, Junior Isenberg
has sufficient vision to perform the
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driving task to operate a commercial
vehicle.’’ Mr. Isenberg reported that he
has driven straight trucks for 30 years,
accumulating 1.5 million miles. He
holds a Class B CDL from Kentucky. His
driving record for the last three years
shows no crashes and no convictions for
moving violations in a CMV.
David G. Livingston
Mr. Livingston, 55, 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, ‘‘This is a second letter to
express that it is my medical opinion
that Mr. Livingston has sufficient vision
in his left eye to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Livingston reported that
he has driven straight trucks for 18
years, accumulating 360,000 miles, and
tractor-trailer combinations for 18 years,
accumulating 360,000 miles. He holds a
Class A CDL from Vermont. His driving
record for the last three years shows no
crashes and no convictions for moving
violations in a CMV.
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Joseph P. Markley
Mr. Markley, 61, has had macular
myelinated nerve fibers in his right eye
since birth. The visual acuity in his
right eye is counting fingers, and in his
left eye, 20/25. Following an
examination in 2018, his
ophthalmologist stated, ‘‘Mr. Markley
has sufficient vision in left eye to
perform the tasks required to operate a
commercial vehicle.’’ Mr. Markley
reported that he has driven straight
trucks for 39 years, accumulating 42,900
miles, and tractor-trailer combinations
for 39 years, accumulating 91,650 miles.
He holds a Class AM CDL from
Pennsylvania. His driving record for the
last three years shows no crashes and no
convictions for moving violations in a
CMV.
Derek L. Redford
Mr. Redford, 65, has an irregularly
shaped pupil 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, counting fingers.
Following an examination in 2018, his
optometrist stated, ‘‘I hereby certify that
in my medical opinion the patient has
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Redford reported that he
has driven straight trucks for ten years,
accumulating 500,000 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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David Tavarez
Mr. Tavarez, 49, has had amblyopia in
his right eye since birth. The visual
acuity in his right eye is hand motion,
and in his left eye, 20/20. Following an
examination in 2018, his optometrist
stated, ‘‘Based upon the color vision
testing,binocular [sic] field of vision
tests and quality of vision in his left eye,
it is my medical opinion that Mr. David
Tavarez can adequately operate a
commercial motor vehicle at this time.’’
Mr. Tavarez reported that he has driven
straight trucks for 21 years,
accumulating 630,000 miles. He holds
an operator’s license from New Jersey.
His driving record for the last three
years shows no crashes and no
convictions for moving violations in a
CMV.
William B. Van Drielen
Mr. Van Drielen, 56, has a macular
scar 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,
20/50. Following an examination in
2018, his optometrist stated, ‘‘In my
medical opinion, Mr. Vandrielen [sic]
has sufficient vision to perform the
driving tasks required to operate a
commercial vehicle.’’ Mr. Van Drielen
reported that he has driven straight
trucks for five years, accumulating 1
million miles, and tractor-trailer
combinations for 36 years, accumulating
3.85 million miles. He holds a Class AM
CDL from Nevada. His driving record for
the last three years shows no crashes
and no convictions for moving
violations in a CMV.
examination in 2017, his optometrist
stated, ‘‘In my opinion Mr. Williams has
sufficient vision to perform the daily
task required to operate a commercial
vehicle.’’ Mr. Williams reported that he
has driven straight trucks for 26 years,
accumulating 1.24 million miles, and
tractor-trailer combinations for 26 years,
accumulating 1.24 million miles. He
holds a Class A CDL from Missouri. 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.
Willie R. White, Jr.
Mr. White, 62, has had optic nerve
damage in his left eye since 2012. The
visual acuity in his right eye is 20/20,
and in his left eye, light perception.
Following an examination in 2018, his
optometrist stated, ‘‘In my medical
opinion this patient has sufficient vision
to perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
White reported that he has driven
straight trucks for ten years,
accumulating 150,000 miles, and
tractor-trailer combinations for 20 years,
accumulating two million miles. He
holds a Class A CDL from Nevada. His
driving record for the last three years
shows no crashes and one conviction for
a moving violation in a CMV; he
exceeded the speed limit by 9 mph.
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–2018–0014 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.
Curtis C. Williams
Mr. Williams, 63, has a retinal
detachment in his right eye due to a
traumatic incident in 2010. The visual
acuity in his right eye is hand motion,
and in his left eye, 20/20. Following an
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–2018–0014 and click ‘‘Search.’’
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Next, click ‘‘Open Docket Folder’’ and
you will find all documents and
comments related to this notice.
Issued on: July 12, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–15261 Filed 7–16–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2006–24210; FMCSA–
2010–0162; FMCSA–2012–0162; FMCSA–
2012–0163; FMCSA–2014–0018]
Qualification of Drivers; Exemption
Applications; Diabetes
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of renewal of
exemptions; request for comments.
AGENCY:
FMCSA announces its
decision to renew exemptions for 94
individuals from its prohibition in the
Federal Motor Carrier Safety
Regulations (FMCSRs) against persons
with insulin-treated diabetes mellitus
(ITDM) from operating commercial
motor vehicles (CMVs) in interstate
commerce. The exemptions enable these
individuals with ITDM to continue to
operate CMVs in interstate commerce.
DATES: Each group of renewed
exemptions were applicable on the
dates stated in the discussions below
and will expire on the dates stated in
the discussions below. Comments must
be received on or before August 16,
2018.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2006–24210; FMCSA–2010–0162;
FMCSA–2012–0162; FMCSA–2012–
0163; FMCSA–2014–0018 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
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SUMMARY:
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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
e.t., 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 5:30 p.m.,
e.t., Monday through Friday, except
Federal holidays. If you have questions
regarding viewing or submitting
material to the docket, contact Docket
Services, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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 diabetes found in
49 CFR 391.41(b)(3) states that a person
is physically qualified to drive a CMV
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33295
if that person has no established
medical history or clinical diagnosis of
diabetes mellitus currently requiring
insulin for control.
The 94 individuals listed in this
notice have requested renewal of their
exemptions from the diabetes standard
in 49 CFR 391.41(b)(3), 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
Under 49 U.S.C. 31315(b)(1), an
exemption may be granted for no longer
than two years from its approval date
and may be renewed upon application.
In accordance with 49 U.S.C. 31136(e)
and 31315, each of the 94 applicants has
satisfied the renewal conditions for
obtaining an exemption from the
diabetes requirement (71 FR 32177; 71
FR 45097; 75 FR 36775; 75 FR 50797;
77 FR 36333; 77 FR 40941; 77 FR 46791;
77 FR 51845; 79 FR 41723; 79 FR 56105;
81 FR 91242). They have maintained
their required medical monitoring and
have not exhibited any medical issues
that would compromise their ability to
safely operate a CMV during the
previous two-year exemption period.
These factors provide an adequate basis
for predicting each driver’s ability to
continue to drive safely 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.
In accordance with 49 U.S.C. 31136(e)
and 31315, the following groups of
drivers received renewed exemptions in
the month of August and are discussed
below:
As of August 6, 2018, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following ten individuals
have satisfied the renewal conditions for
obtaining an exemption from the rule
prohibiting drivers with ITDM from
E:\FR\FM\17JYN1.SGM
17JYN1
]]>Agencies
[Federal Register Volume 83, Number 137 (Tuesday, July 17, 2018)]
[Notices]
[Pages 33292-33295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15261]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2018-0014]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of applications for exemption; request for comments.
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SUMMARY: FMCSA announces receipt of applications from 13 individuals
for an exemption from the vision requirement in the Federal Motor
Carrier Safety Regulations (FMCSRs) to operate a commercial motor
vehicle (CMV) in interstate commerce. If granted, the exemptions will
enable these individuals to operate CMVs in interstate commerce without
meeting the vision requirement in one eye.
DATES: Comments must be received on or before August 16, 2018.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2018-0014 using any of the
following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the
online instructions for submitting comments.
Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
e.t., Monday through Friday, except Federal Holidays.
Fax: 1-202-493-2251.
Instructions: Each submission must include the Agency name and the
docket number(s) for this notice. Note that all comments received will
be posted without change to https://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
Docket: For access to the docket to read background documents or
comments, go to https://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments online.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to https://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at https://www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, (202) 366-4001, [email protected], FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Docket
Services, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Background
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the FMCSRs for a five-year period if it finds ``such exemption
would likely achieve a level of safety that is equivalent to or greater
than the level that would be achieved absent such exemption.'' The
statute also allows the Agency to renew exemptions at the end of the
five-year period. FMCSA grants exemptions from the FMCSRs for a two-
year period to align with the maximum duration of a driver's medical
certification.
The 13 individuals listed in this notice have requested an
exemption from the vision requirement in 49 CFR 391.41(b)(10).
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting an exemption will achieve the
required level of safety mandated by statute.
The physical qualification standard for drivers regarding vision
found in 49 CFR 391.41(b)(10) states that a person is physically
qualified to drive a CMV if that person has distant visual acuity of at
least 20/40 (Snellen) in each eye without corrective lenses or visual
acuity separately corrected to 20/40 (Snellen) or better with
corrective lenses, distant binocular acuity of at least 20/40 (Snellen)
in both eyes with or without corrective lenses, field of vision of at
least 70[deg] in the horizontal
[[Page 33293]]
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
Ronald D. Blakely
Mr. Blakely, 63, 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/
50. Following an examination in 2018, his optometrist stated, ``I feel
that Ron has sufficient vision to perform the driving tasks required to
operate a commercial vehicle since the amblyopia is longstanding,
stable, and he is well adjusted.'' Mr. Blakely reported that he has
driven straight trucks for 35 years, accumulating 1.58 million miles,
and buses for one year, accumulating 25,000 miles. He holds a Class CB
CDL from Michigan. His driving record for the last three years shows no
crashes and no convictions for moving violations in a CMV.
Homero Dominguez
Mr. Dominguez, 51, has a prosthetic left eye due to a traumatic
incident in 2000. 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, ``In my opinion Mr. Dominguez has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Dominguez reported that he has driven tractor-trailer
combinations for four years, accumulating 340,000 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.
Larry L. George
Mr. George, 59, has had a corneal scar in his right eye since
childhood. The visual acuity in his right eye is counting fingers, and
in his left eye, 20/25. Following an examination in 2018, his
ophthalmologist stated, ``Mr. George's vision is sufficient to drive a
commercial vehicle.'' Mr. George reported that he has driven straight
trucks for two years, accumulating 100,000 miles, and tractor-trailer
combinations for 30 years, accumulating 6 million miles. He holds an
operator's license from Louisiana. His driving record for the last
three years shows no crashes and no convictions for moving violations
in a CMV.
Jason C. Hetrick
Mr. Hetrick, 38, has complete loss of vision in his left eye due to
a traumatic incident in 1987. 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, ``Based on my understanding of the
visual requirements for commercial vehicle operation, Mr. Hetrick has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Hetrick reported that he has driven straight
trucks for 25 years, accumulating 381,250 miles, and tractor-trailer
combinations for seven years, accumulating 3,500 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.
Michael A. Hildebrand
Mr. Hildebrand, 40, has had posterior staphyloma 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 2018, his
optometrist stated, ``In my medical opinion, Michael Hildebrand has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Hildebrand reported that he has driven
straight trucks for 12 years, accumulating 374,400 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.
Junior M. Isenberg
Mr. Isenberg, 63, 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 2018, his optometrist stated, ``In my
opinion, Junior Isenberg has sufficient vision to perform the
[[Page 33294]]
driving task to operate a commercial vehicle.'' Mr. Isenberg reported
that he has driven straight trucks for 30 years, accumulating 1.5
million miles. He holds a Class B CDL from Kentucky. His driving record
for the last three years shows no crashes and no convictions for moving
violations in a CMV.
David G. Livingston
Mr. Livingston, 55, 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, ``This is a second letter to express that it is my medical
opinion that Mr. Livingston has sufficient vision in his left eye to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Livingston reported that he has driven straight trucks for 18
years, accumulating 360,000 miles, and tractor-trailer combinations for
18 years, accumulating 360,000 miles. He holds a Class A CDL from
Vermont. His driving record for the last three years shows no crashes
and no convictions for moving violations in a CMV.
Joseph P. Markley
Mr. Markley, 61, has had macular myelinated nerve fibers in his
right eye since birth. The visual acuity in his right eye is counting
fingers, and in his left eye, 20/25. Following an examination in 2018,
his ophthalmologist stated, ``Mr. Markley has sufficient vision in left
eye to perform the tasks required to operate a commercial vehicle.''
Mr. Markley reported that he has driven straight trucks for 39 years,
accumulating 42,900 miles, and tractor-trailer combinations for 39
years, accumulating 91,650 miles. He holds a Class AM CDL from
Pennsylvania. His driving record for the last three years shows no
crashes and no convictions for moving violations in a CMV.
Derek L. Redford
Mr. Redford, 65, has an irregularly shaped pupil 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, counting fingers. Following an
examination in 2018, his optometrist stated, ``I hereby certify that in
my medical opinion the patient has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Redford
reported that he has driven straight trucks for ten years, accumulating
500,000 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.
David Tavarez
Mr. Tavarez, 49, has had amblyopia in his right eye since birth.
The visual acuity in his right eye is hand motion, and in his left eye,
20/20. Following an examination in 2018, his optometrist stated,
``Based upon the color vision testing,binocular [sic] field of vision
tests and quality of vision in his left eye, it is my medical opinion
that Mr. David Tavarez can adequately operate a commercial motor
vehicle at this time.'' Mr. Tavarez reported that he has driven
straight trucks for 21 years, accumulating 630,000 miles. He holds an
operator's license from New Jersey. His driving record for the last
three years shows no crashes and no convictions for moving violations
in a CMV.
William B. Van Drielen
Mr. Van Drielen, 56, has a macular scar 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, 20/50. Following an examination in 2018, his
optometrist stated, ``In my medical opinion, Mr. Vandrielen [sic] has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Van Drielen reported that he has driven
straight trucks for five years, accumulating 1 million miles, and
tractor-trailer combinations for 36 years, accumulating 3.85 million
miles. He holds a Class AM CDL from Nevada. His driving record for the
last three years shows no crashes and no convictions for moving
violations in a CMV.
Willie R. White, Jr.
Mr. White, 62, has had optic nerve damage in his left eye since
2012. The visual acuity in his right eye is 20/20, and in his left eye,
light perception. Following an examination in 2018, his optometrist
stated, ``In my medical opinion this patient has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. White reported that he has driven straight trucks for ten years,
accumulating 150,000 miles, and tractor-trailer combinations for 20
years, accumulating two million miles. He holds a Class A CDL from
Nevada. His driving record for the last three years shows no crashes
and one conviction for a moving violation in a CMV; he exceeded the
speed limit by 9 mph.
Curtis C. Williams
Mr. Williams, 63, has a retinal detachment in his right eye due to
a traumatic incident in 2010. The visual acuity in his right eye is
hand motion, and in his left eye, 20/20. Following an examination in
2017, his optometrist stated, ``In my opinion Mr. Williams has
sufficient vision to perform the daily task required to operate a
commercial vehicle.'' Mr. Williams reported that he has driven straight
trucks for 26 years, accumulating 1.24 million miles, and tractor-
trailer combinations for 26 years, accumulating 1.24 million miles. He
holds a Class A CDL from Missouri. 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-2018-0014 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-2018-0014 and click ``Search.''
[[Page 33295]]
Next, click ``Open Docket Folder'' and you will find all documents and
comments related to this notice.
Issued on: July 12, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-15261 Filed 7-16-18; 8:45 am]
BILLING CODE 4910-EX-P
