Qualification of Drivers; Exemption Applications; Vision, 53727-53730 [2018-23232]
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Federal Register / Vol. 83, No. 206 / Wednesday, October 24, 2018 / Notices
0174; FMCSA–2008–0231; FMCSA–
2008–0266; FMCSA–2009–0291;
FMCSA–2010–0161; FMCSA–2010–
0187; FMCSA–2010–0201; FMCSA–
2012–0040; FMCSA–2012–0161;
FMCSA–2012–0214; FMCSA–2012–
0215; FMCSA–2013–0029; FMCSA–
2013–0030; FMCSA–2013–0166;
FMCSA–2013–0168; FMCSA–2013–
0170; FMCSA–2014–0003; FMCSA–
2014–0004; FMCSA–2014–0006;
FMCSA–2014–0007; FMCSA–2014–
0010; FMCSA–2014–0011; FMCSA–
2014–0296; FMCSA–2015–0072;
FMCSA–2016–0028; FMCSA–2016–
0029; FMCSA–2016–0031. Their
exemptions are applicable as of
November 9, 2018, and will expire on
November 9, 2020.
As of November 11, 2018, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 22 individuals
have satisfied the renewal conditions for
obtaining an exemption from the vision
requirement in the FMCSRs for
interstate CMV drivers (81 FR 70248; 81
FR 70251; 81 FR 70253; 81 FR 90046;
81 FR 96178; 81 FR 96191):
Elijah A. Allen (AR)
Randal D. Aukes (MN)
Daniel L. Bawden (IL)
Keith D. Blackwell (TX)
Kathy J. Brown (OH)
Louis J. Cullen (NJ)
Edwin P. Davis (OR)
Wayne L. Dorbert (PA)
Timothy J. Dougherty (MN)
Kelly L. Ewing (PA)
Joseph G. Fischer (MO)
Josh Gallant (SC)
Stanley W. Goble (IA)
John P. Grum (PA)
William R. Guida (PA)
Jerry L. Hayden (IA)
Nylo K. Helberg (ND)
Dillon L. Hendren (SC)
J.W. Keener (PA)
George P. Mendiola (CA)
Alfred L. Robinson (AR)
Jerry L. Smith (VA)
The drivers were included in docket
numbers FMCSA–2016–0207; FMCSA–
2016–0208; FMCSA–2016–0209. Their
exemptions are applicable as of
November 11, 2018, and will expire on
November 11, 2020.
As of November 22, 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 vision
requirement in the FMCSRs for
interstate CMV drivers (79 FR 63211; 80
FR 2471; 81 FR 72664; 81 FR 80161; 81
FR 94013):
Harry R. Brewer (TN)
Kevin J. Embrey (IN)
Peter J. Faber (NE)
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Johnny E. Hill (AL)
Justin A. Hooper (MO)
John R. Horst (PA)
Robert E. Kelley (WA)
James F. McLaughlin (MN)
Michael J. Monroe (IA)
Brian T. Morrison (MO)
The drivers were included in docket
numbers FMCSA–2014–0297; 2016–
0210. Their exemptions are applicable
as of November 22, 2018, and will
expire on November 22, 2020.
V. Conditions and Requirements
The exemptions are extended subject
to the following conditions: (1) Each
driver must undergo an annual physical
examination (a) by an ophthalmologist
or optometrist who attests that the
vision in the better eye continues to
meet the requirements in 49 CFR
391.41(b)(10), and (b) by a certified
Medical Examiner, as defined by 49 CFR
390.5, who attests that the driver 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 of his/
her driver’s qualification if he/her 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. The exemption
will be rescinded if: (1) The person fails
to comply with the terms and
conditions of the exemption; (2) the
exemption has resulted in a lower level
of safety than was maintained before it
was granted; or (3) continuation of the
exemption would not be consistent with
the goals and objectives of 49 U.S.C.
31136(e) and 31315.
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 85
exemption applications, FMCSA renews
the exemptions of the aforementioned
drivers from the vision requirement in
49 CFR 391.41(b)(10), subject to the
requirements cited above. In accordance
with 49 U.S.C. 31136(e) and 31315, each
exemption will be valid for two years
unless revoked earlier by FMCSA.
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53727
Issued on: October 15, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–23234 Filed 10–23–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2018–0018]
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 11 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 November 23, 2018.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System (FDMS) Docket No.
FMCSA–2018–0018 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., ET,
Monday through Friday, except Federal
Holidays.
• Fax: 1–202–493–2251.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation’’ portion of the
SUPPLEMENTARY INFORMATION section for
instructions on submitting comments.
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 8:30 a.m. to 5 p.m., ET,
SUMMARY:
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Federal Register / Vol. 83, No. 206 / Wednesday, October 24, 2018 / Notices
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. Public Participation
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A. Submitting Comments
If you submit a comment, please
include the docket number for this
notice Docket No. FMCSA–2018–0018,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. 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, put the
docket number, FMCSA–2018–0018, in
the keyword box, and click ‘‘Search.’’
When the new screen appears, click on
the ‘‘Comment Now!’’ button and type
your comment into the text box on the
following screen. Choose whether you
are submitting your comment as an
individual or on behalf of a third party
and then submit.
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, self-addressed
postcard or envelope.
FMCSA will consider all comments
and material received during the
comment period.
B. Viewing Documents and Comments
To view comments, as well as any
documents mentioned in this notice as
being available in the docket, go to
https://www.regulations.gov. Insert the
docket number, FMCSA–2018–0018, in
the keyword box, and click ‘‘Search.’’
Next, click the ‘‘Open Docket Folder’’
button and choose the document to
review. If you do not have access to the
internet, you may view the docket
online by visiting the Docket
Management Facility in Room W12–140
on the Ground Floor of the DOT West
Building, 1200 New Jersey Avenue SE,
Washington, DC 20590, between 9 a.m.
and 5 p.m., ET, Monday through Friday,
except Federal holidays.
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C. 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
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
www.dot.gov/privacy.
II. 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 11 individuals listed in this
notice have requested an exemption
from the vision requirement in 49 CFR
391.41(b)(10). Accordingly, the Agency
will evaluate the qualifications of each
applicant to determine whether granting
an exemption will achieve the required
level of safety mandated by statute.
The physical qualification standard
for drivers regarding vision found in 49
CFR 391.41(b)(10) states that a person is
physically qualified to drive a CMV if
that person has distant visual acuity of
at least 20/40 (Snellen) in each eye
without corrective lenses or visual
acuity separately corrected to 20/40
(Snellen) or better with corrective
lenses, distant binocular acuity of at
least 20/40 (Snellen) in both eyes with
or without corrective lenses, field of
vision of at least 70° in the horizontal
Meridian in each eye, and the ability to
recognize the colors of traffic signals
and devices showing standard red,
green, and amber.
In July 1992, the Agency first
published the criteria for the Vision
Waiver Program, which listed the
conditions and reporting standards that
CMV drivers approved for participation
would need to meet (Qualification of
Drivers; Vision Waivers, 57 FR 31458,
July 16, 1992). The current Vision
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
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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
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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.
III. Qualifications of Applicants
Brian K. Aldridge
Mr. Aldridge, 46, has had amblyopia
in his left eye since childhood. The
visual acuity in his right eye is 20/20,
and in his left eye, 20/400. Following an
examination in 2018, his optometrist
stated, ‘‘My medical opinion is that
patient has sufficient vision to perform
driving tasks required for commercial
vehicle.’’ Mr. Aldridge reported that he
has driven straight trucks for seven
years, accumulating 54,600 miles. He
holds a Class B CDL from Ohio. His
driving record for the last three years
shows no crashes and no convictions for
moving violations in a CMV.
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Peter A. Clarke
Mr. Clarke, 53, has macular scarring
in his left eye due to a traumatic
incident in his 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 attest that Peter Clarke has
sufficient vision to qualify to operate a
commercial vehicle.’’ Mr. Clarke
reported that he has driven straight
trucks for 15 years, accumulating
225,000 miles. He holds an operator’s
license from Washington. His driving
record for the last three years shows no
crashes and one conviction for a moving
violation in a CMV; failure to obey
traffic control device.
Lane D. Fuller
Mr. Fuller, 25, has had neuroretinitis
in his right eye since 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
optometrist stated, ‘‘I feel Lane has
excellent vision with his left eye and
can safely operate a commercial vehicle
with his VA and field of vision of his
left eye.’’ Mr. Fuller reported that he has
driven straight trucks for seven years,
accumulating 143,000 miles, and
tractor-trailer combinations for seven
years, accumulating 364,000 miles. He
holds a Class A CDL from Kansas. His
driving record for the last three years
shows no crashes and no convictions for
moving violations in a CMV.
Justin M. Goins
Mr. Goins, 34, has a retinal
detachment in his right eye due to a
traumatic incident in childhood. The
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visual acuity in his right eye is no light
perception, and in his left eye, 20/20.
Following an examination in 2018, his
optometrist stated, ‘‘It is my opinion
that Justin Goins has sufficient vision to
operate a commercial vehicle.’’ Mr.
Goins reported that he has driven
straight trucks for eight years,
accumulating 76,000 miles, and tractortrailer combinations for eight years,
accumulating 32,000 miles. He holds an
operator’s license from Michigan. His
driving record for the last three years
shows no crashes and no convictions for
moving violations in a CMV.
Alfred R. Knotts, Jr.
Mr. Knotts, 56, has had complete loss
of vision in left eye since birth. The
visual acuity in his right eye is 20/20,
and in his left eye, no light perception.
Following an examination in 2018, his
ophthalmologist stated, ‘‘This is to
certify that in my opinion Mr. Alfred R.
Knotts Jr. clearly has sufficient vision to
perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
Knotts reported that he has driven
straight trucks for 26 years,
accumulating 156,000 miles. He holds a
Class B CDL from Pennsylvania. His
driving record for the last three years
shows no crashes and no convictions for
moving violations in a CMV.
Margurette Mungro
Ms. Mungro, 58, has had a retinal
detachment in her left eye since 2014.
The visual acuity in her right eye is 20/
30, and in her left eye, 20/100.
Following an examination in 2018, her
ophthalmologist stated, ‘‘In my opinion
she does have sufficient vision to drive
comerical veHICLE [sic].’’ Ms. Mungro
reported that she has driven tractortrailer combinations for 36 years,
accumulating 3.6 million miles. She
holds a Class A CDL from North
Carolina. Her driving record for the last
three years shows no crashes and no
convictions for moving violations in a
CMV.
Jerome Nezworski
Mr. Nezworski, 64, has had amblyopia
in his left eye since childhood. The
visual acuity in his right eye is 20/20,
and in his left eye, 20/60. Following an
examination in 2018, his
ophthalmologist stated, ‘‘In my medical
opinion, patient has sufficient vision to
perform driving tasks associated with
operating a commercial vehicle.’’ Mr.
Nezworski reported that he has driven
straight trucks for 42 years,
accumulating 1 million miles. He holds
a Class CD CDL from Michigan. His
driving record for the last three years
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53729
shows no crashes and no convictions for
moving violations in a CMV.
James E. Smith
Mr. Smith, 39, has had a central
retinal vein occlusion in his right eye
since 2014. The visual acuity in his
right eye is light perception, and in his
left eye, 20/20. Following an
examination in 2018, his optometrist
stated, ‘‘In my medical opinion, James
has sufficient vision to perform driving
tasks required to operate a commercial
vehicle.’’ Mr. Smith reported that he has
driven straight trucks for 20 years,
accumulating 800,000 miles, and
tractor-trailer combinations for seven
years, accumulating 210,000 miles. He
holds a Class A CDL from Florida. His
driving record for the last three years
shows no crashes and no convictions for
moving violations in a CMV.
Marcel Spinu
Mr. Spinu, 54, had a retinal
detachment in his right eye due to a
traumatic incident in 1999. The visual
acuity in his right eye is light
perception, and in his left eye, 20/20.
Following an examination in 2018, his
optometrist stated, ‘‘In my medical
opinion, patient has sufficient vision to
perform driving tasks require [sic] to
operate a commercial vehicle.’’ Mr.
Spinu reported that he has driven
straight trucks for one year,
accumulating 50,000 miles, and tractortrailer combinations for 14 years,
accumulating 1.54 million miles. He
holds an operator’s license from
Washington. His driving record for the
last three years shows no crashes and no
convictions for moving violations in a
CMV.
Francisco J. Torres
Mr. Torres, 51, has a prosthetic right
eye due to a traumatic incident in
childhood. The visual acuity in his right
eye is no light perception, and in his left
eye, 20/20. Following an examination in
2018, his optometrist stated, ‘‘Left eye is
best corrected to 20/20 at distance and
near and is stable. From all the findings,
he is able to perform the driving tasks
required to operate a commercial
vehicle.’’ Mr. Torres reported that he
has driven straight trucks for 30 years,
accumulating 1.2 million miles, and
tractor-trailer combinations for 30 years,
accumulating 1.2 million 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.
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William Walden
Mr. Walden, 58, has a macular scar in
his right eye due to a traumatic incident
in childhood. 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, ‘‘My
medical opinion is that Mr. Walden has
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Walden reported that he
has driven straight trucks for 35 years,
accumulating 1.68 million miles. He
holds a Class BM CDL from Alabama.
His driving record for the last three
years shows one crash, for which he was
not cited, and no convictions for moving
violations in a CMV.
IV. 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.
Issued on: October 15, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–23232 Filed 10–23–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2010–0188; FMCSA–
2012–0164; FMCSA–2014–0019; FMCSA–
2014–0020; FMCSA–2016–0043; FMCSA–
2016–0216; FMCSA–2016–0218; FMCSA–
2016–0219]
Qualification of Drivers; Exemption
Applications; Diabetes
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to renew exemptions for 192
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.
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SUMMARY:
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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.,
ET, 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. Public Participation
A. Viewing Documents and Comments
To view comments, as well as any
documents mentioned in this notice as
being available in the docket, go to
https://www.regulations.gov. Insert the
docket number, FMCSA–2010–0188;
FMCSA–2012–0164; FMCSA–2014–
0019; FMCSA–2014–0020; FMCSA–
2016–0043; FMCSA–2016–0216;
FMCSA–2016–0218; FMCSA–2016–
0219, in the keyword box, and click
‘‘Search.’’ Next, click the ‘‘Open Docket
Folder’’ button and choose the
document to review. If you do not have
access to the internet, you may view the
docket online by visiting the Docket
Management Facility in Room W12–140
on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE,
Washington, DC 20590, between 9 a.m.
and 5 p.m., ET, Monday through Friday,
except Federal holidays.
B. 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
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
www.dot.gov/privacy.
II. Background
On August 15, 2018, FMCSA
published a notice announcing its
decision to renew exemptions for 192
individuals from the insulin-treated
diabetes mellitus prohibition in 49 CFR
391.41(b)(3) to operate a CMV in
interstate commerce and requested
comments from the public (75 FR
42477; 75 FR 57329; 77 FR 46149; 77 FR
59450; 79 FR 47702; 79 FR 47711; 79 FR
63210; 81 FR 51541; 81 FR 52505; 81 FR
52947; 81 FR 59718; 81 FR 67421; 81 FR
72640; 81 FR 72651; 81 FR 84688; 82 FR
12899). The public comment period
ended on September 14, 2018, and no
comments were received.
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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)(3).
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
if that person has no established
medical history or clinical diagnosis of
diabetes mellitus currently requiring
insulin for control.
III. Discussion of Comments
FMCSA received no comments in this
preceding.
IV. Conclusion
Based on its evaluation of the 192
renewal exemption applications and
comments received, FMCSA confirms
its’ decision to exempt the following
drivers from the rule prohibiting drivers
with ITDM from driving CMVs in
interstate commerce in 49 CFR
391.41(b)(3):
In accordance with 49 U.S.C. 31136(e)
and 31315, the following groups of
drivers received renewed exemptions in
the month of September and are
discussed below:
As of September 7, 2018, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 29 individuals
have satisfied the renewal conditions for
obtaining an exemption from the rule
prohibiting drivers with ITDM from
driving CMVs in interstate commerce
(81 FR 51541; 81 FR 72651):
Larry S. Ankerson (WI)
Kenneth D. Beatty (MS)
Brandon J. Brown (TN)
Justin D. Campbell (AL)
Vito J. Dambra (PA)
Linda D. Davis (IN)
Frank A. DeCarolis (KS)
Orlando Dominguez (CA)
Scott L. Fetzer (PA)
Carl E. Fisher (PA)
Ryan A. Gehrke (MN)
Shane R. Gousie (MA)
Randal E. Hampton (NV)
Reginald M. Hart (GA)
Dennis J. Kniffen (SD)
Allen E. Lemaster (SC)
Wayne F. Leonard (IL)
Joshua W. Lockwood (MD)
Brian P. McCabe (WA)
Charles M. McKenzie (OH)
Michael C. McNamara (SC)
Michael S. Meulenberg (MI)
Timothy J. Newton (IA)
David T. Petty (CA)
Ronald K. Roe (PA)
Harry W. Roebuck (TX)
E:\FR\FM\24OCN1.SGM
24OCN1
]]>Agencies
[Federal Register Volume 83, Number 206 (Wednesday, October 24, 2018)]
[Notices]
[Pages 53727-53730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23232]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2018-0018]
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 11 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 November 23, 2018.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2018-0018 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.,
ET, Monday through Friday, except Federal Holidays.
Fax: 1-202-493-2251.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.
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., ET,
[[Page 53728]]
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. Public Participation
A. Submitting Comments
If you submit a comment, please include the docket number for this
notice Docket No. FMCSA-2018-0018, indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. 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,
put the docket number, FMCSA-2018-0018, in the keyword box, and click
``Search.'' When the new screen appears, click on the ``Comment Now!''
button and type your comment into the text box on the following screen.
Choose whether you are submitting your comment as an individual or on
behalf of a third party and then submit.
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.
FMCSA will consider all comments and material received during the
comment period.
B. Viewing Documents and Comments
To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to https://www.regulations.gov.
Insert the docket number, FMCSA-2018-0018, in the keyword box, and
click ``Search.'' Next, click the ``Open Docket Folder'' button and
choose the document to review. If you do not have access to the
internet, you may view the docket online by visiting the Docket
Management Facility in Room W12-140 on the Ground Floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9
a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.
C. 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 www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
II. 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 11 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
[[Page 53729]]
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.
III. Qualifications of Applicants
Brian K. Aldridge
Mr. Aldridge, 46, has had amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, 20/400. Following an examination in 2018, his optometrist stated,
``My medical opinion is that patient has sufficient vision to perform
driving tasks required for commercial vehicle.'' Mr. Aldridge reported
that he has driven straight trucks for seven years, accumulating 54,600
miles. He holds a Class B CDL from Ohio. His driving record for the
last three years shows no crashes and no convictions for moving
violations in a CMV.
Peter A. Clarke
Mr. Clarke, 53, has macular scarring in his left eye due to a
traumatic incident in his 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 attest that Peter
Clarke has sufficient vision to qualify to operate a commercial
vehicle.'' Mr. Clarke reported that he has driven straight trucks for
15 years, accumulating 225,000 miles. He holds an operator's license
from Washington. His driving record for the last three years shows no
crashes and one conviction for a moving violation in a CMV; failure to
obey traffic control device.
Lane D. Fuller
Mr. Fuller, 25, has had neuroretinitis in his right eye since 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 optometrist
stated, ``I feel Lane has excellent vision with his left eye and can
safely operate a commercial vehicle with his VA and field of vision of
his left eye.'' Mr. Fuller reported that he has driven straight trucks
for seven years, accumulating 143,000 miles, and tractor-trailer
combinations for seven years, accumulating 364,000 miles. He holds a
Class A CDL from Kansas. His driving record for the last three years
shows no crashes and no convictions for moving violations in a CMV.
Justin M. Goins
Mr. Goins, 34, has a retinal detachment in his right eye due to a
traumatic incident in childhood. The visual acuity in his right eye is
no light perception, and in his left eye, 20/20. Following an
examination in 2018, his optometrist stated, ``It is my opinion that
Justin Goins has sufficient vision to operate a commercial vehicle.''
Mr. Goins reported that he has driven straight trucks for eight years,
accumulating 76,000 miles, and tractor-trailer combinations for eight
years, accumulating 32,000 miles. He holds an operator's license from
Michigan. His driving record for the last three years shows no crashes
and no convictions for moving violations in a CMV.
Alfred R. Knotts, Jr.
Mr. Knotts, 56, has had complete loss of vision in left eye since
birth. The visual acuity in his right eye is 20/20, and in his left
eye, no light perception. Following an examination in 2018, his
ophthalmologist stated, ``This is to certify that in my opinion Mr.
Alfred R. Knotts Jr. clearly has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Knotts
reported that he has driven straight trucks for 26 years, accumulating
156,000 miles. He holds a Class B CDL from Pennsylvania. His driving
record for the last three years shows no crashes and no convictions for
moving violations in a CMV.
Margurette Mungro
Ms. Mungro, 58, has had a retinal detachment in her left eye since
2014. The visual acuity in her right eye is 20/30, and in her left eye,
20/100. Following an examination in 2018, her ophthalmologist stated,
``In my opinion she does have sufficient vision to drive comerical
veHICLE [sic].'' Ms. Mungro reported that she has driven tractor-
trailer combinations for 36 years, accumulating 3.6 million miles. She
holds a Class A CDL from North Carolina. Her driving record for the
last three years shows no crashes and no convictions for moving
violations in a CMV.
Jerome Nezworski
Mr. Nezworski, 64, has had amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, 20/60. Following an examination in 2018, his ophthalmologist
stated, ``In my medical opinion, patient has sufficient vision to
perform driving tasks associated with operating a commercial vehicle.''
Mr. Nezworski reported that he has driven straight trucks for 42 years,
accumulating 1 million miles. He holds a Class CD CDL from Michigan.
His driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.
James E. Smith
Mr. Smith, 39, has had a central retinal vein occlusion in his
right eye since 2014. The visual acuity in his right eye is light
perception, and in his left eye, 20/20. Following an examination in
2018, his optometrist stated, ``In my medical opinion, James has
sufficient vision to perform driving tasks required to operate a
commercial vehicle.'' Mr. Smith reported that he has driven straight
trucks for 20 years, accumulating 800,000 miles, and tractor-trailer
combinations for seven years, accumulating 210,000 miles. He holds a
Class A CDL from Florida. His driving record for the last three years
shows no crashes and no convictions for moving violations in a CMV.
Marcel Spinu
Mr. Spinu, 54, had a retinal detachment in his right eye due to a
traumatic incident in 1999. The visual acuity in his right eye is light
perception, and in his left eye, 20/20. Following an examination in
2018, his optometrist stated, ``In my medical opinion, patient has
sufficient vision to perform driving tasks require [sic] to operate a
commercial vehicle.'' Mr. Spinu reported that he has driven straight
trucks for one year, accumulating 50,000 miles, and tractor-trailer
combinations for 14 years, accumulating 1.54 million miles. He holds an
operator's license from Washington. His driving record for the last
three years shows no crashes and no convictions for moving violations
in a CMV.
Francisco J. Torres
Mr. Torres, 51, has a prosthetic right eye due to a traumatic
incident in childhood. The visual acuity in his right eye is no light
perception, and in his left eye, 20/20. Following an examination in
2018, his optometrist stated, ``Left eye is best corrected to 20/20 at
distance and near and is stable. From all the findings, he is able to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Torres reported that he has driven straight trucks for 30 years,
accumulating 1.2 million miles, and tractor-trailer combinations for 30
years, accumulating 1.2 million 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.
[[Page 53730]]
William Walden
Mr. Walden, 58, has a macular scar in his right eye due to a
traumatic incident in childhood. 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, ``My medical opinion is that Mr. Walden
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Walden reported that he has driven straight
trucks for 35 years, accumulating 1.68 million miles. He holds a Class
BM CDL from Alabama. His driving record for the last three years shows
one crash, for which he was not cited, and no convictions for moving
violations in a CMV.
IV. 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.
Issued on: October 15, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-23232 Filed 10-23-18; 8:45 am]
BILLING CODE 4910-EX-P
