Qualification of Drivers; Exemption Applications; Vision, 34667-34669 [2018-15552]
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VI. 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.
VII. Conclusion
Based upon its evaluation of the 37
exemption applications, FMCSA
exempts the following drivers from the
diabetes requirement in 49 CFR
391.41(b)(10), subject to the
requirements cited above:
Clayton W. Baenziger (CO)
John E. Behle (MN)
Myles S. Bolton (AK)
Francisco Chavez, Jr. (CA)
David C. Clarke (NE)
Steven R. Condon (NE)
Gilbert L. Fleming, Jr. (MD)
Gavin C. Gore (MN)
Johnny Gregg, Jr. (NC)
Thomas W. Guzier (IL)
Willard R. Hammond, Jr. (NY)
Greg C. Hardcastle (OR)
Joseph E. Heck (IA)
Stephen R. Henderschiedt (MN)
Larry D. Johnston (IA)
Leodon L. Killinger, Jr. (ME)
Joshua M. Lenhart (AK)
Michelle L. Logsdon (WV)
Tiernan E. McKinney (OH)
Kevin R. McClerren (IL)
Bryant L. Murray (UT)
Manuel C. Pineda (TX)
Kenneth M. Putt (VA)
John D. Randall (MO)
John F. Reilly (IL)
Tyree E. Rhodes (LA)
Jose C. Rosario (MN)
Matthew L. Shelley (VA)
Brian R. Smallcanyon (UT)
Kenneth J. Sortman (OH)
Gregory R. Suckow (SD)
Jack W. Terrio (LA)
Curtis D. Van Koevering (MI)
Trent J. Vandyken (MN)
Gregory A. Westfall (OH)
Kevin L. Willis Sloan (MO)
Debra A. Wiss (WA)
In accordance with 49 U.S.C. 31136(e)
and 31315, each exemption will be valid
for two years from the effective date
unless revoked earlier by FMCSA. The
exemption will be revoked if the
following occurs: (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 prior to being 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.
Issued on: July 13, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–15574 Filed 7–19–18; 8:45 am]
BILLING CODE 4910–EX–P
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Jkt 244001
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2018–0015]
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 nine 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 20, 2018.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2018–0015 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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34667
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 nine 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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18:06 Jul 19, 2018
Jkt 244001
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
Paulo G. Clemente
Mr. Clemente, 32, has had amblyopia
in his left eye since birth. The visual
acuity in his right eye is 20/20, and in
his left eye, 20/150. Following an
examination in 2018, his optometrist
stated, ‘‘Full visual field testing done
with the Humphrey field analyzer
showed that Paul saw all the test objects
in each eye and in my opinion would
indicate that he has the visual
competency to be a safe driver on the
highway and be able to perform the
driving tasks required to operate a
commercial vehicle.’’ Mr. Clemente
reported that he has driven straight
trucks for 11 years, accumulating
440,000 miles. He holds a Class A CDL
from North Carolina. His driving record
for the last three years shows no crashes
and no convictions for moving
violations in a CMV.
Ronald W. Doskocil
Mr. Doskocil, 51, 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
ophthalmologist stated, ‘‘In my medical
opinion, Mr. Doskocil does have
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Doskocil reported that he
has driven straight trucks for 29 years,
accumulating 1.45 million miles. He
holds an operator’s license from Texas.
His driving record for the last three
years shows no crashes and no
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convictions for moving violations in a
CMV.
Loren D. Estad
Mr. Estad, 54, has had amblyopia in
his left eye since childhood. The visual
acuity in his right eye is 20/20, and in
his left eye, 20/100. Following an
examination in 2018, his optometrist
stated, ‘‘In my opinion, Mr. Estad has
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Estad reported that he has
driven straight trucks for 38 years,
accumulating 456,000 miles, and
tractor-trailer combinations for 35 years,
accumulating 3.5 million miles. He
holds a Class AM CDL from North
Dakota. His driving record for the last
three years shows no crashes and no
convictions for moving violations in a
CMV.
Ryan P. Garner
Mr. Garner, 43, has a prosthetic right
eye due to a traumatic incident in 1982.
The visual acuity in his right eye is no
light perception, and in his left eye, 20/
20. Following an examination in 2017,
his optometrist stated, ‘‘It is my
assessment that I certify that the patient
has sufficient vision to perform the
driving tasks required to operate a
commercial vehicle.’’ Mr. Garner
reported that he has driven straight
trucks for five years, accumulating
25,000 miles, and tractor-trailer
combinations for four years,
accumulating 200,000 miles. He holds a
Class A CDL from Montana. His driving
record for the last three years shows no
crashes and no convictions for moving
violations in a CMV.
Kody D. Gleckler
Mr. Gleckler, 29, has aphakia in his
left eye due to a traumatic incident in
2009. 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 conclusion, in
my opinion, I believe that he would
have sufficient vision to perform the
driving tasks required to operate a
commercial vehicle.’’ Mr. Gleckler
reported that he has driven straight
trucks for ten years, accumulating
100,000 miles, and tractor-trailer
combinations for ten years,
accumulating 100,000 miles. He holds a
Class A CDL from Ohio. His driving
record for the last three years shows no
crashes and no convictions for moving
violations in a CMV.
Jeffrey W. Hawkins
Mr. Hawkins, 56, has had a retinal
detachment in his left eye since 2011.
The visual acuity in his right eye is 20/
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Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices
20, and in his left eye, no light
perception. Following an examination
in 2017, his ophthalmologist stated, ‘‘In
my medical opinion, the patient
continues to have sufficient vision to
perform driving tasks required as a
commercial vehicle operator.’’ Mr.
Hawkins reported that he has driven
tractor-trailer combinations for 35 years,
accumulating 2.8 million miles. He
holds a Class A CDL from North
Carolina. His driving record for the last
three years shows no crashes and no
convictions for moving violations in a
CMV.
Timothy D. Lundvall
Mr. Lundvall, 61, has had glaucoma
in his right eye since 2013. The visual
acuity in his right eye is hand motion,
and in his left eye, 20/20. Following an
examination in 2018, his
ophthalmologist stated, ‘‘In my opinion,
Mr. Lundvall has sufficient vision to
perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
Lundvall reported that he has driven
straight trucks for 30 years,
accumulating 45,000 miles, and tractortrailer combinations for 15 years,
accumulating 900,000 miles. He holds a
Class A CDL from Nebraska. His driving
record for the last three years shows no
crashes and no convictions for moving
violations in a CMV.
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Eric D. Smith
Mr. Smith, 54, has had a cataract in
his left eye since 2014. The visual acuity
in his right eye is 20/15, and in his left
eye, hand motion. Following an
examination in 2018, his optometrist
stated, ‘‘In my medical opinion, I feel
that the patient has sufficient vision to
perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
Smith reported that he has driven
tractor-trailer combinations for nine
years, accumulating 1.35 million miles.
He holds a Class A CDL from Georgia.
His driving record for the last three
years shows no crashes and one
conviction for a moving violation in a
CMV; failure to keep in proper lane.
Mark E. Thesing
Mr. Thesing, 59, has had optic nerve
hypoplasia in his left eye since birth.
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, ‘‘It is my opinion
that Mr. Thesing has sufficient vision to
perform the driving tasks required to
operate a commercial vehicle vehicle
[sic] as he has demonstrated during his
career requiring no restrictions.’’ Mr.
Thesing reported that he has driven
straight trucks for 40 years,
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accumulating 240,000 miles, and
tractor-trailer combinations for eight
years, accumulating 16,000 miles. He
holds a Class A CDL from Minnesota.
His driving record for the last three
years shows no crashes and no
convictions for moving violations in a
CMV.
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–2018–0015 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–2018–0015 and click ‘‘Search.’’
Next, click ‘‘Open Docket Folder’’ and
you will find all documents and
comments related to this notice.
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34669
Issued on: July 12, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–15552 Filed 7–19–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2006–25854; FMCSA–
2013–0108; FMCSA–2014–0382]
Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to renew exemptions for five
individuals from the requirement in the
Federal Motor Carrier Safety
Regulations (FMCSRs) that interstate
commercial motor vehicle (CMV)
drivers have ‘‘no established medical
history or clinical diagnosis of epilepsy
or any other condition which is likely
to cause loss of consciousness or any
loss of ability to control a CMV.’’ The
exemptions enable these individuals
who have had one or more seizures and
are taking anti-seizure medication to
continue to operate CMVs in interstate
commerce.
DATES: The exemptions were applicable
on December 23, 2017. The exemptions
expire on December 23, 2019.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical
Programs Division, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
New Jersey Avenue SE, Room W64–224,
Washington, DC 20590–0001. Office
hours are from 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal
holidays. If you have questions
regarding viewing or submitting
material to the docket, contact Docket
Services, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Electronic Access
You may see all the comments online
through the Federal Document
Management System (FDMS) at: https://
www.regulations.gov.
Docket: For access to the docket to
read background documents or
comments, go to https://
www.regulations.gov and/or Room
W12–140 on the ground level of the
West Building, 1200 New Jersey Avenue
SE, Washington, DC, between 9 a.m. and
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]]>Agencies
[Federal Register Volume 83, Number 140 (Friday, July 20, 2018)]
[Notices]
[Pages 34667-34669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15552]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2018-0015]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of applications for exemption; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces receipt of applications from nine 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 20, 2018.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2018-0015 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 nine 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 34668]]
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
Paulo G. Clemente
Mr. Clemente, 32, 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/
150. Following an examination in 2018, his optometrist stated, ``Full
visual field testing done with the Humphrey field analyzer showed that
Paul saw all the test objects in each eye and in my opinion would
indicate that he has the visual competency to be a safe driver on the
highway and be able to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Clemente reported that he has driven straight
trucks for 11 years, accumulating 440,000 miles. He holds a Class A CDL
from North Carolina. His driving record for the last three years shows
no crashes and no convictions for moving violations in a CMV.
Ronald W. Doskocil
Mr. Doskocil, 51, 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 ophthalmologist
stated, ``In my medical opinion, Mr. Doskocil does have sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Doskocil reported that he has driven straight trucks for
29 years, accumulating 1.45 million miles. He holds an operator's
license from Texas. His driving record for the last three years shows
no crashes and no convictions for moving violations in a CMV.
Loren D. Estad
Mr. Estad, 54, 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/
100. Following an examination in 2018, his optometrist stated, ``In my
opinion, Mr. Estad has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Estad reported that he
has driven straight trucks for 38 years, accumulating 456,000 miles,
and tractor-trailer combinations for 35 years, accumulating 3.5 million
miles. He holds a Class AM CDL from North Dakota. His driving record
for the last three years shows no crashes and no convictions for moving
violations in a CMV.
Ryan P. Garner
Mr. Garner, 43, has a prosthetic right eye due to a traumatic
incident in 1982. The visual acuity in his right eye is no light
perception, and in his left eye, 20/20. Following an examination in
2017, his optometrist stated, ``It is my assessment that I certify that
the patient has sufficient vision to perform the driving tasks required
to operate a commercial vehicle.'' Mr. Garner reported that he has
driven straight trucks for five years, accumulating 25,000 miles, and
tractor-trailer combinations for four years, accumulating 200,000
miles. He holds a Class A CDL from Montana. His driving record for the
last three years shows no crashes and no convictions for moving
violations in a CMV.
Kody D. Gleckler
Mr. Gleckler, 29, has aphakia in his left eye due to a traumatic
incident in 2009. 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 conclusion, in my opinion, I believe that he would have
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Gleckler reported that he has driven straight
trucks for ten years, accumulating 100,000 miles, and tractor-trailer
combinations for ten years, accumulating 100,000 miles. He holds a
Class A CDL from Ohio. His driving record for the last three years
shows no crashes and no convictions for moving violations in a CMV.
Jeffrey W. Hawkins
Mr. Hawkins, 56, has had a retinal detachment in his left eye since
2011. The visual acuity in his right eye is 20/
[[Page 34669]]
20, and in his left eye, no light perception. Following an examination
in 2017, his ophthalmologist stated, ``In my medical opinion, the
patient continues to have sufficient vision to perform driving tasks
required as a commercial vehicle operator.'' Mr. Hawkins reported that
he has driven tractor-trailer combinations for 35 years, accumulating
2.8 million miles. He holds a Class A CDL from North Carolina. His
driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.
Timothy D. Lundvall
Mr. Lundvall, 61, has had glaucoma in his right eye since 2013. The
visual acuity in his right eye is hand motion, and in his left eye, 20/
20. Following an examination in 2018, his ophthalmologist stated, ``In
my opinion, Mr. Lundvall has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Lundvall reported
that he has driven straight trucks for 30 years, accumulating 45,000
miles, and tractor-trailer combinations for 15 years, accumulating
900,000 miles. He holds a Class A CDL from Nebraska. His driving record
for the last three years shows no crashes and no convictions for moving
violations in a CMV.
Eric D. Smith
Mr. Smith, 54, has had a cataract in his left eye since 2014. The
visual acuity in his right eye is 20/15, and in his left eye, hand
motion. Following an examination in 2018, his optometrist stated, ``In
my medical opinion, I feel that the patient has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Smith reported that he has driven tractor-trailer combinations for
nine years, accumulating 1.35 million miles. He holds a Class A CDL
from Georgia. His driving record for the last three years shows no
crashes and one conviction for a moving violation in a CMV; failure to
keep in proper lane.
Mark E. Thesing
Mr. Thesing, 59, has had optic nerve hypoplasia in his left eye
since birth. 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, ``It is my opinion that Mr. Thesing has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle vehicle [sic] as he has demonstrated during his career
requiring no restrictions.'' Mr. Thesing reported that he has driven
straight trucks for 40 years, accumulating 240,000 miles, and tractor-
trailer combinations for eight years, accumulating 16,000 miles. He
holds a Class A CDL from Minnesota. His driving record for the last
three years shows no crashes and no convictions for moving violations
in a CMV.
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-2018-0015 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-2018-0015 and click ``Search.'' 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. 2018-15552 Filed 7-19-18; 8:45 am]
BILLING CODE 4910-EX-P
