Qualification of Drivers; Exemption Applications; Vision, 45750-45753 [2018-19581]
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Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices
daltland on DSKBBV9HB2PROD with NOTICES
range of 6 to 39 years. Although each
applicant has one eye which does not
meet the vision requirement in 49 CFR
391.41(b)(10), each has at least 20/40
corrected vision in the other eye, and in
a doctor’s opinion, has sufficient vision
to perform all the tasks necessary to
operate a CMV.
Doctors’ opinions are supported by
the applicants’ possession of a valid
license to operate a CMV. By meeting
State licensing requirements, the
applicants demonstrated their ability to
operate a CMV, with their limited vision
in intrastate commerce, even though
their vision disqualified them from
driving in interstate commerce. We
believe that the applicants’ intrastate
driving experience and history provide
an adequate basis for predicting their
ability to drive safely in interstate
commerce. Intrastate driving, like
interstate operations, involves
substantial driving on highways on the
interstate system and on other roads
built to interstate standards. Moreover,
driving in congested urban areas
exposes the driver to more pedestrian
and vehicular traffic than exists on
interstate highways. Faster reaction to
traffic and traffic signals is generally
required because distances between
them are more compact. These
conditions tax visual capacity and
driver response just as intensely as
interstate driving conditions.
The applicants in this notice have
driven CMVs with their limited vision
in careers ranging for 3 to 80 years. In
the past three years, two drivers were
involved in crashes, and no drivers were
convicted of moving violations in
CMVs. All the applicants achieved a
record of safety while driving with their
vision impairment, demonstrating the
likelihood that they have adapted their
driving skills to accommodate their
condition. As the applicants’ ample
driving histories with their vision
deficiencies are good predictors of
future performance, FMCSA concludes
their ability to drive safely can be
projected into the future.
Consequently, FMCSA finds that in
each case exempting these applicants
from the vision requirement in 49 CFR
391.41(b)(10) is likely to achieve a level
of safety equal to that existing without
the exemption.
V. Conditions and Requirements
The terms and conditions of the
exemption are provided to the
applicants in the exemption document
and includes the following: (1) Each
driver must be physically examined
every year (a) by an ophthalmologist or
optometrist who attests that the vision
in the better eye continues to meet the
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standard in 49 CFR 391.41(b)(10) and (b)
by a certified Medical Examiner who
attests that the individual is otherwise
physically qualified under 49 CFR
391.41; (2) each driver must provide a
copy of the ophthalmologist’s or
optometrist’s report to the Medical
Examiner at the time of the annual
medical examination; and (3) each
driver must provide a copy of the
annual medical certification to the
employer for retention in the driver’s
qualification file, or keep a copy in his/
her driver’s qualification file if he/she is
self-employed. The driver must also
have a copy of the exemption when
driving, for presentation to a duly
authorized Federal, State, or local
enforcement official.
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 12
exemption applications, FMCSA
exempts the following drivers from the
vision requirement, 49 CFR
391.41(b)(10), subject to the
requirements cited above:
Mark F. Besco (IA)
William T. Cummins (KY)
Aaron L. Fox (OH)
Ryan N. Goyne (AR)
Eric M. Kohrs (IL)
Michael P. Mazza (WA)
James L. Okonek (WI)
Jeffrey S. Rockhill (KS)
Travis D. Summerville (IL)
Lora D. Swindall (AL)
Francis J. Toth (PA)
Joseph A. Zaccaro (AL)
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 and
31315.
Issued on: August 30, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–19579 Filed 9–7–18; 8:45 am]
BILLING CODE 4910–EX–P
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2018–0017]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of applications for
exemption; request for comments.
AGENCY:
FMCSA announces receipt of
applications from 12 individuals for an
exemption from the vision requirement
in the Federal Motor Carrier Safety
Regulations (FMCSRs) to operate a
commercial motor vehicle (CMV) in
interstate commerce. If granted, the
exemptions will enable these
individuals to operate CMVs in
interstate commerce without meeting
the vision requirement in one eye.
DATES: Comments must be received on
or before October 10, 2018.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2018–0017 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:
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FOR FURTHER INFORMATION CONTACT:
I. Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from
the FMCSRs for a five-year period if it
finds ‘‘such exemption would likely
achieve a level of safety that is
equivalent to or greater than the level
that would be achieved absent such
exemption.’’ The statute also allows the
Agency to renew exemptions at the end
of the five-year period. FMCSA grants
exemptions from the FMCSRs for a twoyear period to align with the maximum
duration of a driver’s medical
certification.
The 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
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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
John A. Edison
Mr. Edison, 66, has had a macular
scar in his left eye since 2001. The
visual acuity in his right eye is 20/20,
and in his left eye, 20/80. Following an
examination in 2018, his optometrist
stated, ‘‘With both eyes working
together, Mr. Edison has sufficient
vision to operate and drive a
commercial vehicle.’’ Mr. Edison
reported that he has driven straight
trucks for 50 years, accumulating
600,000 miles, and tractor-trailer
combinations for 20 years, accumulating
1.92 million miles. He holds a Class A
CDL from Georgia. His driving record
for the last three years shows no crashes
and no convictions for moving
violations in a CMV.
Rodney P. Hains
Mr. Hains, 58, has had a retinal
detachment in his left eye since 2003.
The visual acuity in his right eye is 20/
15, and in his left eye, no light
perception. Following an examination
in 2018, his optometrist stated, ‘‘Based
on that history and experience it would
appear to me that he has sufficient
visual capability to safely operate a
commercial vehicle.’’ Mr. Hains
reported that he has driven straight
trucks for five years, accumulating 5,000
miles, and tractor-trailer combinations
for 20 years, accumulating 1.4 million
miles. He holds a Class A CDL from
North Dakota. His driving record for the
last three years shows no crashes and no
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convictions for moving violations in a
CMV.
Darryl D. Kelley
Mr. Kelley, 46, has had a macular hole
in his right eye since childhood. The
visual acuity in his right eye is 20/100,
and in his left eye, 20/25. Following an
examination in 2018, his optometrist
stated, ‘‘My medical opinion is that he
has sufficient vision to perform all
driving tasks for a commercial vehicle.’’
Mr. Kelley reported that he has driven
buses for 23 years, accumulating 1.42
million miles. He holds a Class B CDL
from Texas. His driving record for the
last three years shows no crashes and no
convictions for moving violations in a
CMV.
Thomas J. Knapp
Mr. Knapp, 58, has had amblyopia in
his left eye since birth. The visual acuity
in his right eye is 20/15, and in his left
eye, 20/150. Following an examination
in 2018, his optometrist stated, ‘‘It is my
professional opinion that Mr [sic]
Knapp has sufficient vision to perform
the driving tasks required to operate a
commercial vehicle.’’ Mr. Knapp
reported that he has driven buses for
three years, accumulating 60,000 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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Darrell D. Kropf
Mr. Kropf, 43, has had amblyopia in
his left eye since childhood. The visual
acuity in his right eye is 20/20, and in
his left eye, 20/400. Following an
examination in 2018, his
ophthalmologist stated, ‘‘In my opinion
the patient has sufficient vision to
perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
Kropf reported that he has driven
tractor-trailer combinations for 21 years,
accumulating 945,000 miles. He holds a
Class A CDL from California. His
driving record for the last three years
shows no crashes and no convictions for
moving violations in a CMV.
Nathanael Lee
Mr. Lee, 22, has had amblyopia in his
left eye since childhood. The visual
acuity in his right eye is 20/20, and in
his left eye, 20/400. Following an
examination in 2018, his
ophthalmologist stated, ‘‘In my opinion
he does have sufficient vision and is
well adapted to his vision in order to
operate a commercial vehicle for driving
tasks.’’ Mr. Lee reported that he has
driven straight trucks for two years,
accumulating 9,000 miles, and tractor-
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trailer combinations for three years,
accumulating 75,000 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.
John G. Mudd
Mr. Mudd, 53, had his left eye
enucleated due to a traumatic incident
in 2015. 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, ‘‘Mr.
Mudd has sufficient vision to perform
the driving tasks required to operate a
commercial vehicle.’’ Mr. Mudd
reported that he has driven straight
trucks for five years, accumulating
50,000 miles, and tractor-trailer
combinations for five years,
accumulating 75,000 miles. He holds a
Class DA CDL from Kentucky. His
driving record for the last three years
shows no crashes and no convictions for
moving violations in a CMV.
Jeffrey Ridenhour
Mr. Ridenhour, 48, has a macular scar
in his right eye due to a traumatic
incident in 1998. The visual acuity in
his right eye is 20/80, and in his left eye,
20/20. Following an examination in
2018, his optometrist stated, ‘‘In my
medical opinion, Mr. Ridenhour has
sufficient enough vision to perform the
driving tasks required to operate a
commercial vehicle.’’ Mr. Ridenhour
reported that he has driven tractortrailer combinations for four years,
accumulating 32,000 miles. He holds a
Class A CDL from Arkansas. His driving
record for the last three years shows no
crashes and no convictions for moving
violations in a CMV.
John R. Russ II
Mr. Russ, 71, has a prosthetic left eye
due to a traumatic incident in 2010. The
visual acuity in his right eye is no light
perception, and in his left eye, 20/20.
Following an examination in 2018, his
ophthalmologist stated, ‘‘In my opinion,
his vision in the left eye is sufficient to
perform the driving tasks required to
operate a commercial vehicle.’’ Mr. Russ
reported that he has driven straight
trucks for 45 years, accumulating
675,000 miles, and tractor-trailer
combinations for 35 years, accumulating
350,000 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.
Gary A. Ulitsch
Mr. Ulitsch, 64, has had amblyopia in
his left eye since birth. The visual acuity
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in his right eye is 20/25, and in his left
eye, 20/160. Following an examination
in 2018, his optometrist stated, ‘‘In my
medical opinion, he has vision
sufficient [sic] to operate a commercial
vehicle.’’ Mr. Ulitsch reported that he
has driven straight trucks for 46 years,
accumulating 460,000 miles. He holds
an operator’s license from Connecticut.
His driving record for the last three
years shows no crashes and no
convictions for moving violations in a
CMV.
Casey O. Wootan
Mr. Wootan, 48, has had amblyopia in
his left eye since childhood. The visual
acuity in his right eye is 20/15, and in
his left eye, 20/200. Following an
examination in 2018, his optometrist
stated, ‘‘In my medical opinion, Casey
Wootan has sufficient vision to perform
the driving tasks required to operate a
commercial vehicle.’’ Mr. Wootan
reported that he has driven straight
trucks for 20 years, accumulating
100,000 miles, and tractor-trailer
combinations for 15 years, accumulating
600,000 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.
James C. Wright
Mr. Wright, 42, has a retinal scar in
his right eye due to a traumatic incident
in 2008. 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, ‘‘Mr. Wright’s
condition is stable and I feel he should
be able to operate a commercial vehicle
safely without correction.’’ Mr. Wright
reported that he has driven straight
trucks for ten years, accumulating
50,000 miles. He holds a Class B 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
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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–2018–0017 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–2018–0017 and click ‘‘Search.’’
Next, click ‘‘Open Docket Folder’’ and
you will find all documents and
comments related to this notice.
Issued on: August 30, 2018
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–19581 Filed 9–7–18; 8:45 am]
BILLING CODE 4910–EX–P
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2015–0328]
Qualification of Drivers; Exemption
Applications; Hearing
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
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AGENCY:
FMCSA announces its
decision to renew exemptions for 3
individuals from the hearing
requirement in the Federal Motor
Carrier Safety Regulations (FMCSRs) for
interstate commercial motor vehicle
(CMV) drivers. The exemptions enable
these hard of hearing and deaf
SUMMARY:
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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
DEPARTMENT OF TRANSPORTATION
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individuals to continue to operate CMVs
in interstate commerce.
DATES: The exemptions were applicable
on May 18, 2018. The exemptions
expire on May 18, 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:
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On June 18, 2018, FMCSA published
a notice announcing its decision to
renew exemptions for 3 individuals
from the hearing standard in 49 CFR
391.41(b)(11) to operate a CMV in
interstate commerce and requested
comments from the public (83 FR
28319). The public comment period
ended on July 18, 2018, and no
comments were received.
As stated in the previous notice,
FMCSA has evaluated the eligibility of
these applicants and determined that
renewing these exemptions 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)(11).
The physical qualification standard
for drivers regarding hearing found in
49 CFR 391.41(b)(11) states that a
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45753
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.
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).
III. Discussion of Comments
FMCSA received no comments in this
preceding.
Conclusion
Based upon its evaluation of the 3
renewal exemption applications,
FMCSA announces its’ decision to
exempt the following drivers from the
hearing requirement in 49 CFR 391.41
(b)(11):
As of May 18, 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 (83 FR 28319).
Tom Buretz, (FL); James Dalrymple,
(AZ); and Derron Washington, (IL).
The drivers were included in docket
number FMCSA–2015–0328. Their
exemptions are applicable as of May 18,
2018, and will expire on May18, 2020.
In accordance with 49 U.S.C. 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 and
31315.
Issued on: August 30, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–19575 Filed 9–7–18; 8:45 am]
BILLING CODE 4910–EX–P
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[Federal Register Volume 83, Number 175 (Monday, September 10, 2018)]
[Notices]
[Pages 45750-45753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19581]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2018-0017]
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 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 October 10, 2018.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2018-0017 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
[[Page 45751]]
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, 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
John A. Edison
Mr. Edison, 66, has had a macular scar in his left eye since 2001.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
80. Following an examination in 2018, his optometrist stated, ``With
both eyes working together, Mr. Edison has sufficient vision to operate
and drive a commercial vehicle.'' Mr. Edison reported that he has
driven straight trucks for 50 years, accumulating 600,000 miles, and
tractor-trailer combinations for 20 years, accumulating 1.92 million
miles. He holds a Class A CDL from Georgia. His driving record for the
last three years shows no crashes and no convictions for moving
violations in a CMV.
Rodney P. Hains
Mr. Hains, 58, has had a retinal detachment in his left eye since
2003. The visual acuity in his right eye is 20/15, and in his left eye,
no light perception. Following an examination in 2018, his optometrist
stated, ``Based on that history and experience it would appear to me
that he has sufficient visual capability to safely operate a commercial
vehicle.'' Mr. Hains reported that he has driven straight trucks for
five years, accumulating 5,000 miles, and tractor-trailer combinations
for 20 years, accumulating 1.4 million miles. He holds a Class A CDL
from North Dakota. His driving record for the last three years shows no
crashes and no
[[Page 45752]]
convictions for moving violations in a CMV.
Darryl D. Kelley
Mr. Kelley, 46, has had a macular hole in his right eye since
childhood. The visual acuity in his right eye is 20/100, and in his
left eye, 20/25. Following an examination in 2018, his optometrist
stated, ``My medical opinion is that he has sufficient vision to
perform all driving tasks for a commercial vehicle.'' Mr. Kelley
reported that he has driven buses for 23 years, accumulating 1.42
million miles. He holds a Class B CDL from Texas. His driving record
for the last three years shows no crashes and no convictions for moving
violations in a CMV.
Thomas J. Knapp
Mr. Knapp, 58, has had amblyopia in his left eye since birth. The
visual acuity in his right eye is 20/15, and in his left eye, 20/150.
Following an examination in 2018, his optometrist stated, ``It is my
professional opinion that Mr [sic] Knapp has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Knapp reported that he has driven buses for three years,
accumulating 60,000 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.
Darrell D. Kropf
Mr. Kropf, 43, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
400. Following an examination in 2018, his ophthalmologist stated, ``In
my opinion the patient has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Kropf reported
that he has driven tractor-trailer combinations for 21 years,
accumulating 945,000 miles. He holds a Class A CDL from California. His
driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.
Nathanael Lee
Mr. Lee, 22, has had amblyopia in his left eye since childhood. The
visual acuity in his right eye is 20/20, and in his left eye, 20/400.
Following an examination in 2018, his ophthalmologist stated, ``In my
opinion he does have sufficient vision and is well adapted to his
vision in order to operate a commercial vehicle for driving tasks.''
Mr. Lee reported that he has driven straight trucks for two years,
accumulating 9,000 miles, and tractor-trailer combinations for three
years, accumulating 75,000 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.
John G. Mudd
Mr. Mudd, 53, had his left eye enucleated due to a traumatic
incident in 2015. 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, ``Mr. Mudd has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Mudd
reported that he has driven straight trucks for five years,
accumulating 50,000 miles, and tractor-trailer combinations for five
years, accumulating 75,000 miles. He holds a Class DA CDL from
Kentucky. His driving record for the last three years shows no crashes
and no convictions for moving violations in a CMV.
Jeffrey Ridenhour
Mr. Ridenhour, 48, has a macular scar in his right eye due to a
traumatic incident in 1998. The visual acuity in his right eye is 20/
80, and in his left eye, 20/20. Following an examination in 2018, his
optometrist stated, ``In my medical opinion, Mr. Ridenhour has
sufficient enough vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Ridenhour reported that he has
driven tractor-trailer combinations for four years, accumulating 32,000
miles. He holds a Class A CDL from Arkansas. His driving record for the
last three years shows no crashes and no convictions for moving
violations in a CMV.
John R. Russ II
Mr. Russ, 71, has a prosthetic left eye due to a traumatic incident
in 2010. The visual acuity in his right eye is no light perception, and
in his left eye, 20/20. Following an examination in 2018, his
ophthalmologist stated, ``In my opinion, his vision in the left eye is
sufficient to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Russ reported that he has driven straight
trucks for 45 years, accumulating 675,000 miles, and tractor-trailer
combinations for 35 years, accumulating 350,000 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.
Gary A. Ulitsch
Mr. Ulitsch, 64, has had amblyopia in his left eye since birth. The
visual acuity in his right eye is 20/25, and in his left eye, 20/160.
Following an examination in 2018, his optometrist stated, ``In my
medical opinion, he has vision sufficient [sic] to operate a commercial
vehicle.'' Mr. Ulitsch reported that he has driven straight trucks for
46 years, accumulating 460,000 miles. He holds an operator's license
from Connecticut. His driving record for the last three years shows no
crashes and no convictions for moving violations in a CMV.
Casey O. Wootan
Mr. Wootan, 48, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/15, and in his left eye, 20/
200. Following an examination in 2018, his optometrist stated, ``In my
medical opinion, Casey Wootan has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Wootan
reported that he has driven straight trucks for 20 years, accumulating
100,000 miles, and tractor-trailer combinations for 15 years,
accumulating 600,000 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.
James C. Wright
Mr. Wright, 42, has a retinal scar in his right eye due to a
traumatic incident in 2008. 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, ``Mr. Wright's condition is stable and I feel he
should be able to operate a commercial vehicle safely without
correction.'' Mr. Wright reported that he has driven straight trucks
for ten years, accumulating 50,000 miles. He holds a Class B 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
[[Page 45753]]
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-2018-0017 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-2018-0017 and click ``Search.'' Next, click
``Open Docket Folder'' and you will find all documents and comments
related to this notice.
Issued on: August 30, 2018
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-19581 Filed 9-7-18; 8:45 am]
BILLING CODE 4910-EX-P
