Qualification of Drivers; Exemption Applications; Vision, 60954-60957 [2018-25850]
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60954
Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Notices
I. Public Participation
amozie on DSK3GDR082PROD with NOTICES1
A. Submitting Comments
If you submit a comment, please
include the docket number for this
notice (Docket No. FMCSA–2018–0320),
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–2018–0320, 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–2018–0320, 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
VerDate Sep<11>2014
17:45 Nov 26, 2018
Jkt 247001
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 individual listed in this notice
has requested an exemption from 49
CFR 391.41(b)(8) and (9). Accordingly,
the Agency will evaluate the
qualifications of the applicant to
determine whether granting the
exemption will achieve the required
level of safety mandated by statute.
The physical qualification standard
for drivers found in 49 CFR 391.41(b)(8)
states that a person is physically
qualified to drive a CMV if that person
has 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 commercial motor
vehicle.
The physical qualification standard
for drivers found in 49 CFR 391.41(b)(9)
states that a person is physically
qualified to drive a CMV if that person
has no mental, nervous, organic, or
functional disease or psychiatric
disorder likely to interfere with his/her
ability to drive a commercial motor
vehicle safely.
In addition to the regulations, FMCSA
has published advisory criteria1 to assist
Medical Examiners in determining
whether drivers with certain medical
conditions are qualified to operate a
CMV in interstate commerce. [49 CFR
part 391, APPENDIX A TO PART 391—
MEDICAL ADVISORY CRITERIA,
section H. Epilepsy: § 391.41(b)(8),
paragraphs 3, 4, and 5.]
The advisory criteria states that if an
individual has had a sudden episode of
a non-epileptic seizure or loss of
consciousness of unknown cause that
did not require anti-seizure medication,
1 See https://www.ecfr.gov/cgi-bin/text-idx?SID=
e47b48a9ea42dd67d999246e23d97970&mc=
true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a
and https://www.gpo.gov/fdsys/pkg/CFR-2015title49-vol5/pdf/CFR-2015-title49-vol5-part391appA.pdf.
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the decision whether that person’s
condition is likely to cause the loss of
consciousness or loss of ability to
control a CMV should be made on an
individual basis by the Medical
Examiner in consultation with the
treating physician. The advisory criteria
also states that a variety of functional
disorders can cause drowsiness,
dizziness, confusion, weakness or
paralysis that may lead to
incoordination, inattention, loss of
functional control and susceptibility to
accidents while driving.
In those individual cases where a
driver had a seizure or an episode of
loss of consciousness that resulted from
a known medical condition (e.g., drug
reaction, high temperature, acute
infectious disease, dehydration, or acute
metabolic disturbance), certification
should be deferred until the driver has
fully recovered from that condition, has
no existing residual complications, and
is not taking anti-seizure medication.
III. Qualifications of Applicants
Terry L. Curtner
Mr. Curtner, is a commercial driver in
Illinois. A letter dated August 10, 2018,
from Mr. Curtner’s neurologist reports
that at his last July 31, 2018, follow-up
evaluation, he was stable on a moderate
daily dose of Nuvigil, and has not had
any narcoleptic attacks or cataplexy in
over 20 years.
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 received before the close of
business on the closing date indicated
in the dates section of the notice.
Issued on: November 20, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–25848 Filed 11–26–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2018–0208]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of applications for
exemption; request for comments.
AGENCY:
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Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Notices
FMCSA announces receipt of
applications from 14 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 December 27, 2018.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System (FDMS) Docket No.
FMCSA–2018–0208 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,
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. Public Participation
amozie on DSK3GDR082PROD with NOTICES1
A. Submitting Comments
If you submit a comment, please
include the docket number for this
notice (Docket No. FMCSA–2018–0208),
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
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17:45 Nov 26, 2018
Jkt 247001
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–2018–0208, 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–2018–0208, 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
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60955
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 14 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
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
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60956
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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.
amozie on DSK3GDR082PROD with NOTICES1
III. Qualifications of Applicants
Doyle L. Bowen
Mr. Bowen, 50, has had a retinal
detachment in his right eye since
childhood. The visual acuity in his right
eye is no light perception, and in his left
eye, 20/15. Following an examination in
2018, his optometrist stated, ‘‘My
medical opinion is that the patient
would be safe to operate a commercial
vehicle even with the visual deficiency
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in his right eye.’’ Mr. Bowen reported
that he has driven straight trucks for 12
years, accumulating 60,000 miles, and
tractor-trailer combinations for 12 years,
accumulating 12,000 miles. He holds an
operator’s license from New Mexico. His
driving record for the last three years
shows no crashes and no convictions for
moving violations in a CMV.
Guillermo Casio Gamero
Mr. Casio Gamero, 49, has complete
loss of vision 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, 20/25.
Following an examination in 2018, his
optometrist stated, ‘‘In my professional/
medical opinion, Guillermo has
sufficient vision to perform all the
driving tasks required to operate a
commercial vehicle, as he has been
driving intrastate for many years.’’ Mr.
Casio Gamero reported that he has
driven straight trucks for eight years,
accumulating 280,000 miles, and
tractor-trailer combinations for eight
years, accumulating 280,000 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.
William L. Cave
Mr. Cave, 59, has had a retinal
detachment in his left eye since
childhood. The visual acuity in his right
eye is 20/20, and in his left eye, light
perception. Following an examination
in 2018, his ophthalmologist stated, ‘‘In
my opinion he has sufficient vision to
obtain a commercial driving license and
operate a commercial vehicle.’’ Mr. Cave
reported that he has driven straight
trucks for 40 years, accumulating
160,000 miles. He holds an operator’s
license from Maryland. His driving
record for the last three years shows no
crashes and no convictions for moving
violations in a CMV.
Marc C. Goss
Mr. Goss, 59, has had diabetic
retinopathy in his right eye since 2014.
The visual acuity in his right eye is 20/
400, and in his left eye, 20/20.
Following an examination in 2018, his
optometrist stated, ‘‘It is in my opinion
that Marc’s condition is stable and he is
able to perform the driving tasks
required to operate a commercial
vehicle.’’ Mr. Goss reported that he has
driven tractor-trailer combinations for
32 years, accumulating 3.2 million
miles. He holds a Class A CDL from
Nebraska. His driving record for the last
three years shows no crashes and no
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convictions for moving violations in a
CMV.
Richard J. Hard
Mr. Hard, 54, has had glaucoma in his
right eye since childhood. The visual
acuity in his right eye is 20/60, and in
his left eye, 20/20. Following an
examination in 2018, his optometrist
stated, ‘‘In my opinion, Mr. Hard has
sufficient vision in his left (better) eye
to perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
Hard reported that he has driven
straight trucks for 20 years,
accumulating 1.2 million miles. He
holds an operator’s license from
Indiana. His driving record for the last
three years shows no crashes and no
convictions for moving violations in a
CMV.
Dennis W. Johnson
Mr. Johnson, 64, has had aphakia in
his left eye due to a traumatic incident
in childhood. The visual acuity in his
right eye is 20/25, and in his left eye,
20/40. Following an examination in
2018, his optometrist stated, ‘‘I certify
that Mr. Johnson has sufficient vision to
perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
Johnson reported that he has driven
tractor-trailer combinations for 21 years,
accumulating 147,420 miles. He holds a
Class A CDL license from Missouri. His
driving record for the last three years
shows no crashes and no convictions for
moving violations in a CMV.
Ken I. Johnson
Mr. Johnson, 47, has had amblyopia
in his right eye since birth. The visual
acuity in his right eye is 20/60, and in
his left eye, 20/20. Following an
examination in 2018, his optometrist
stated, ‘‘Mr. Johnson has sufficient
vision to perform driving tasks required
to operate a commercial vehicle.’’ Mr.
Johnson reported that he has driven
straight trucks for nine years,
accumulating 324,000 miles, and
tractor-trailer combinations for 14 years,
accumulating 1.7 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.
Ibrahim F. Khashan
Mr. Khashan, 54, has had macular
drusen in his right eye since 2015. The
visual acuity in his right eye is 20/50,
and in his left eye, 20/20. Following an
examination in 2018, his optometrist
stated, ‘‘In my opinion Mr. Khashan has
adequate vision to operate a commercial
motor vehicle.’’ Mr. Khashan reported
that he has driven tractor-trailer
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combinations for eight years,
accumulating 1.32 million miles. He
holds a Class AM CDL from Georgia. His
driving record for the last three years
shows no crashes and no convictions for
moving violations in a CMV.
Shelby M. Kuehler
Mr. Kuehler, 39, has had aphakia in
his left eye since childhood. 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 Shelby has sufficient vision to
perform driving tasks required to
operate a commercial vehicle and, in
fact, he has been operating commercial
vehicles for the past fifteen years.’’ Mr.
Kuehler reported that he has driven
straight trucks for 13 years,
accumulating 455,000 miles, and
tractor-trailer combinations for 13 years,
accumulating 455,000 miles. He holds
an operator’s license from Kansas. His
driving record for the last three years
shows no crashes and no convictions for
moving violations in a CMV.
Kendall S. Lane
Mr. Lane, 25, has a corneal scar in his
left eye due to a traumatic incident in
2014. 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, ‘‘The
fact that he has been doing his job
operating a commercial vehicle with his
currently stable condition is proof he
has sufficient vision to perform his work
duties as required.’’ Mr. Lane reported
that he has driven straight trucks for 30
years, accumulating 300,000 miles. He
holds a Class A CDL from Oklahoma.
His driving record for the last three
years shows no crashes and no
convictions for moving violations in a
CMV.
amozie on DSK3GDR082PROD with NOTICES1
Leonard Morris
Mr. Morris, 63, has had a
chorioretinal scar in his left eye since
2013. The visual acuity in his right eye
is 20/20, and in his left eye, hand
motion. Following an examination in
2018, his optometrist stated, ‘‘In my
opinion he has sufficient vision to
operate a commercial vehicle.’’ Mr.
Morris reported that he has driven
tractor-trailer combinations for 43 years,
accumulating 2.15 million miles. He
holds a Class A CDL from New Jersey.
His driving record for the last three
years shows no crashes and no
convictions for moving violations in a
CMV.
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Gale L. O’Neil
Mr. O’Neil, 60, has had amblyopia 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, ‘‘He has sufficient vision to
operate a commercial vehicle.’’ Mr.
O’Neil reported that he has driven
straight trucks for 44 years,
accumulating 660,000 miles. He holds
an operator’s license from Pennsylvania.
His driving record for the last three
years shows no crashes and no
convictions for moving violations in a
CMV.
Issued on: November 21, 2018.
Larry W. Minor,
Associate Administrator for Policy.
Michael L. Sheldon
Mr. Sheldon, 53, has a cataract in his
right eye due to a traumatic incident in
2005. The visual acuity in his right eye
is 20/300, and in his left eye, 20/20.
Following an examination in 2018, his
optometrist stated, ‘‘In my opinion
Michael has sufficient vision to drive a
commercial vehicle.’’ Mr. Sheldon
reported that he has driven straight
trucks for 22 years, accumulating
220,000 miles, and tractor-trailer
combinations for 37 years, accumulating
1.48 million miles. He holds an
operator’s license from Nebraska. His
driving record for the last three years
shows no crashes and no convictions for
moving violations in a CMV.
AGENCY:
Pedro T. Tellez Alvarez
Mr. Tellez Alvarez, 26, has a
chorioretinal scar in his right eye due to
an infection in childhood. The visual
acuity in his right eye is 20/125, and in
his left eye, 20/25. Following an
examination in 2018, his optometrist
stated, ‘‘However, due to the childhood
nature of this visual reduction Mr.
Tellez Alvarez should have no
difficulties operating a commercial
vehicle due to the fact that recent onset
visual losses impede drivers
significantly more than longstanding
vision losses.’’ Mr. Tellez Alvarez
reported that he has driven tractortrailer combinations for three years,
accumulating 255,000 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.
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.
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60957
[FR Doc. 2018–25850 Filed 11–26–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[FMCSA Docket No. FMCSA–2018–0203]
Qualification of Drivers; Exemption
Applications; Diabetes Mellitus
Federal Motor Carrier Safety
Administration (FMCSA), DOT
ACTION: Notice of final disposition.
FMCSA announces its
decision to exempt 46 individuals from
the prohibition in the Federal Motor
Carrier Safety Regulations (FMCSRs)
against persons with insulin-treated
diabetes mellitus (ITDM) from operating
a commercial motor vehicle (CMV) in
interstate commerce. The exemptions
enable these individuals with ITDM to
operate CMVs in interstate commerce.
DATES: The exemptions were applicable
on October 11, 2018. The exemptions
expire on October 11, 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., 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:
SUMMARY:
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–2018–0203, 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.
E:\FR\FM\27NON1.SGM
27NON1
]]>Agencies
[Federal Register Volume 83, Number 228 (Tuesday, November 27, 2018)]
[Notices]
[Pages 60954-60957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25850]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2018-0208]
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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[[Page 60955]]
SUMMARY: FMCSA announces receipt of applications from 14 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 December 27, 2018.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2018-0208 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,
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-2018-0208), 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-2018-0208, 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-2018-0208, 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 14 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
[[Page 60956]]
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.
III. Qualifications of Applicants
Doyle L. Bowen
Mr. Bowen, 50, has had a retinal detachment in his right eye since
childhood. The visual acuity in his right eye is no light perception,
and in his left eye, 20/15. Following an examination in 2018, his
optometrist stated, ``My medical opinion is that the patient would be
safe to operate a commercial vehicle even with the visual deficiency in
his right eye.'' Mr. Bowen reported that he has driven straight trucks
for 12 years, accumulating 60,000 miles, and tractor-trailer
combinations for 12 years, accumulating 12,000 miles. He holds an
operator's license from New Mexico. His driving record for the last
three years shows no crashes and no convictions for moving violations
in a CMV.
Guillermo Casio Gamero
Mr. Casio Gamero, 49, has complete loss of vision 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, 20/25. Following
an examination in 2018, his optometrist stated, ``In my professional/
medical opinion, Guillermo has sufficient vision to perform all the
driving tasks required to operate a commercial vehicle, as he has been
driving intrastate for many years.'' Mr. Casio Gamero reported that he
has driven straight trucks for eight years, accumulating 280,000 miles,
and tractor-trailer combinations for eight years, accumulating 280,000
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.
William L. Cave
Mr. Cave, 59, has had a retinal detachment in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, light perception. Following an examination in 2018, his
ophthalmologist stated, ``In my opinion he has sufficient vision to
obtain a commercial driving license and operate a commercial vehicle.''
Mr. Cave reported that he has driven straight trucks for 40 years,
accumulating 160,000 miles. He holds an operator's license from
Maryland. His driving record for the last three years shows no crashes
and no convictions for moving violations in a CMV.
Marc C. Goss
Mr. Goss, 59, has had diabetic retinopathy in his right eye since
2014. The visual acuity in his right eye is 20/400, and in his left
eye, 20/20. Following an examination in 2018, his optometrist stated,
``It is in my opinion that Marc's condition is stable and he is able to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Goss reported that he has driven tractor-trailer combinations for
32 years, accumulating 3.2 million 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.
Richard J. Hard
Mr. Hard, 54, has had glaucoma in his right eye since childhood.
The visual acuity in his right eye is 20/60, and in his left eye, 20/
20. Following an examination in 2018, his optometrist stated, ``In my
opinion, Mr. Hard has sufficient vision in his left (better) eye to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Hard reported that he has driven straight trucks for 20 years,
accumulating 1.2 million miles. He holds an operator's license from
Indiana. His driving record for the last three years shows no crashes
and no convictions for moving violations in a CMV.
Dennis W. Johnson
Mr. Johnson, 64, has had aphakia in his left eye due to a traumatic
incident in childhood. The visual acuity in his right eye is 20/25, and
in his left eye, 20/40. Following an examination in 2018, his
optometrist stated, ``I certify that Mr. Johnson has sufficient vision
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Johnson reported that he has driven tractor-trailer
combinations for 21 years, accumulating 147,420 miles. He holds a Class
A CDL license from Missouri. His driving record for the last three
years shows no crashes and no convictions for moving violations in a
CMV.
Ken I. Johnson
Mr. Johnson, 47, has had amblyopia in his right eye since birth.
The visual acuity in his right eye is 20/60, and in his left eye, 20/
20. Following an examination in 2018, his optometrist stated, ``Mr.
Johnson has sufficient vision to perform driving tasks required to
operate a commercial vehicle.'' Mr. Johnson reported that he has driven
straight trucks for nine years, accumulating 324,000 miles, and
tractor-trailer combinations for 14 years, accumulating 1.7 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.
Ibrahim F. Khashan
Mr. Khashan, 54, has had macular drusen in his right eye since
2015. The visual acuity in his right eye is 20/50, and in his left eye,
20/20. Following an examination in 2018, his optometrist stated, ``In
my opinion Mr. Khashan has adequate vision to operate a commercial
motor vehicle.'' Mr. Khashan reported that he has driven tractor-
trailer
[[Page 60957]]
combinations for eight years, accumulating 1.32 million miles. He holds
a Class AM CDL from Georgia. His driving record for the last three
years shows no crashes and no convictions for moving violations in a
CMV.
Shelby M. Kuehler
Mr. Kuehler, 39, has had aphakia in his left eye since childhood.
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 Shelby has sufficient vision to perform driving
tasks required to operate a commercial vehicle and, in fact, he has
been operating commercial vehicles for the past fifteen years.'' Mr.
Kuehler reported that he has driven straight trucks for 13 years,
accumulating 455,000 miles, and tractor-trailer combinations for 13
years, accumulating 455,000 miles. He holds an operator's license from
Kansas. His driving record for the last three years shows no crashes
and no convictions for moving violations in a CMV.
Kendall S. Lane
Mr. Lane, 25, has a corneal scar in his left eye due to a traumatic
incident in 2014. 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, ``The fact that he has been doing his job
operating a commercial vehicle with his currently stable condition is
proof he has sufficient vision to perform his work duties as
required.'' Mr. Lane reported that he has driven straight trucks for 30
years, accumulating 300,000 miles. He holds a Class A CDL from
Oklahoma. His driving record for the last three years shows no crashes
and no convictions for moving violations in a CMV.
Leonard Morris
Mr. Morris, 63, has had a chorioretinal scar in his left eye since
2013. The visual acuity in his right eye is 20/20, and in his left eye,
hand motion. Following an examination in 2018, his optometrist stated,
``In my opinion he has sufficient vision to operate a commercial
vehicle.'' Mr. Morris reported that he has driven tractor-trailer
combinations for 43 years, accumulating 2.15 million miles. He holds a
Class A CDL from New Jersey. His driving record for the last three
years shows no crashes and no convictions for moving violations in a
CMV.
Gale L. O'Neil
Mr. O'Neil, 60, has had amblyopia 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, ``He has
sufficient vision to operate a commercial vehicle.'' Mr. O'Neil
reported that he has driven straight trucks for 44 years, accumulating
660,000 miles. He holds an operator's license from Pennsylvania. His
driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.
Michael L. Sheldon
Mr. Sheldon, 53, has a cataract in his right eye due to a traumatic
incident in 2005. The visual acuity in his right eye is 20/300, and in
his left eye, 20/20. Following an examination in 2018, his optometrist
stated, ``In my opinion Michael has sufficient vision to drive a
commercial vehicle.'' Mr. Sheldon reported that he has driven straight
trucks for 22 years, accumulating 220,000 miles, and tractor-trailer
combinations for 37 years, accumulating 1.48 million miles. He holds an
operator's license from Nebraska. His driving record for the last three
years shows no crashes and no convictions for moving violations in a
CMV.
Pedro T. Tellez Alvarez
Mr. Tellez Alvarez, 26, has a chorioretinal scar in his right eye
due to an infection in childhood. The visual acuity in his right eye is
20/125, and in his left eye, 20/25. Following an examination in 2018,
his optometrist stated, ``However, due to the childhood nature of this
visual reduction Mr. Tellez Alvarez should have no difficulties
operating a commercial vehicle due to the fact that recent onset visual
losses impede drivers significantly more than longstanding vision
losses.'' Mr. Tellez Alvarez reported that he has driven tractor-
trailer combinations for three years, accumulating 255,000 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.
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: November 21, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-25850 Filed 11-26-18; 8:45 am]
BILLING CODE 4910-EX-P
