82_FR_35186 82 FR 35043 - Qualification of Drivers; Exemption Applications; Vision

82 FR 35043 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 143 (July 27, 2017)

Page Range35043-35045
FR Document2017-15842

FMCSA announces receipt of applications from 12 individuals for 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.

Federal Register, Volume 82 Issue 143 (Thursday, July 27, 2017)
[Federal Register Volume 82, Number 143 (Thursday, July 27, 2017)]
[Notices]
[Pages 35043-35045]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15842]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0019]


Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemptions; request for comments.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces receipt of applications from 12 individuals 
for exemption from the vision requirement in the Federal Motor Carrier 
Safety Regulations (FMCSRs) to operate a commercial motor vehicle (CMV) 
in interstate commerce. If granted, the exemptions will enable these 
individuals to operate CMVs in interstate commerce without meeting the 
vision requirement in one eye.

DATES: Comments must be received on or before August 28, 2017.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2017-0019 using any of the 
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
E.T., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket numbers for this notice. Note that all comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading below 
for further information.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., E.T., Monday through Friday, 
except Federal holidays. The FDMS is available 24 hours each day, 365 
days each year. If you want acknowledgment that we received your 
comments, please include a self-addressed, stamped envelope or postcard 
or print the acknowledgement page that appears after submitting 
comments on-line.
    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 http://www.regulations.gov, as described in 
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed 
at http://www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, (202) 366-4001, [email protected], FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, 
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t., 
Monday through Friday, except Federal holidays. If you have questions 
regarding viewing or submitting material to the docket, contact Docket 
Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the Federal Motor Carrier Safety Regulations for a two-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.'' FMCSA can renew exemptions at the end of each 
two-year period.
    The 12 individuals listed in this notice have each requested such 
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

[[Page 35044]]

381 subpart C, on a case-by-case basis upon application by CMV drivers 
who do not meet the vision standards of 49 CFR 391.41(b)(10).
    To qualify for an exemption from the vision requirement, FMCSA 
requires a person to present verifiable evidence that he/she has driven 
a commercial vehicle safely with the vision deficiency for the past 
three years. Recent driving performance is especially important in 
evaluating future safety, according to several research studies 
designed to correlate past and future driving performance. Results of 
these studies support the principle that the best predictor of future 
performance by a driver is his/her past record of crashes and traffic 
violations. Copies of the studies may be found at Docket Number FMCSA-
1998-3637.
    FMCSA believes it can properly apply the principle to monocular 
drivers, because data from the Federal Highway Administration's (FHWA) 
former waiver study program clearly demonstrated the driving 
performance of experienced monocular drivers in the program is better 
than that of all CMV drivers collectively (See 61 FR 13338, 13345, 
March 26, 1996). The fact that experienced monocular drivers 
demonstrated safe driving records in the waiver program supports a 
conclusion that other monocular drivers, meeting the same qualifying 
conditions as those required by the waiver program, are also likely to 
have adapted to their vision deficiency and will continue to operate 
safely.
    The first major research correlating past and future performance 
was done in England by Greenwood and Yule in 1920. Subsequent studies, 
building on that model, concluded that crash rates for the same 
individual exposed to certain risks for two different time periods vary 
only slightly (See Bates and Neyman, University of California 
Publications in Statistics, April 1952). Other studies demonstrated 
theories of predicting crash proneness from crash history coupled with 
other factors. These factors--such as age, sex, geographic location, 
mileage driven and conviction history--are used every day by insurance 
companies and motor vehicle bureaus to predict the probability of an 
individual experiencing future crashes (See Weber, Donald C., 
``Accident Rate Potential: An Application of Multiple Regression 
Analysis of a Poisson Process,'' Journal of American Statistical 
Association, June 1971). A 1964 California Driver Record Study prepared 
by the California Department of Motor Vehicles concluded that the best 
overall crash predictor for both concurrent and nonconcurrent events is 
the number of single convictions. This study used three consecutive 
years of data, comparing the experiences of drivers in the first two 
years with their experiences in the final year.

II. Qualifications of Applicants

Thomas A. Barber

    Mr. Barber, 43, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is 20/60, and in his left eye, 20/
15. Following an examination in 2017, his optometrist stated, ``Since 
Mr. Barber is well adapted to his condition and has been a commercial 
truck driver for many years, I feel he is safe to continue driving and 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Barber reported that he has driven tractor-
trailer combinations for 15 years, accumulating 1.87 million miles. He 
holds a Class A CDL from North Carolina. His driving record for the 
last three years shows no crashes and no convictions for moving 
violations in a CMV.

Nazar B. Bihun

    Mr. Bihun, 30, has optic nerve pallor in his right eye due to a 
traumatic incident in 2011. The visual acuity in his right eye is no 
light perception, and in his left eye, 20/20. Following an examination 
in 2016, his optometrist stated, ``His visual deficiency is stable and 
in my medical opinion he does have sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Bihun 
reported that he has driven straight trucks for eight years, 
accumulating 360,000 miles, and tractor-trailer combinations for five 
years, accumulating 25,000 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.

Patrick J. Conner

    Mr. Conner, 45, has chorioretinal scarring in his left eye due to a 
traumatic incident in 2014. The visual acuity in his right eye is 20/
15, and in his left eye, count fingers. Following an examination in 
2017, his optometrist stated, ``It is my opinion that Patrick Conner 
has vision that is safe to operate a commercial vehicle.'' Mr. Conner 
reported that he has driven straight trucks for 11 years, accumulating 
165,000 miles. He holds a Class B CDL from Oklahoma. His driving record 
for the last three years shows no crashes and no convictions for moving 
violations in a CMV.

Jay D. Diebel

    Mr. Diebel, 58, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/25, and in his left eye, 20/
400. Following an examination in 2017, his ophthalmologist stated, 
``This patient has no restrictions to operate a commercial vehicle 
based on his ocular testing.'' Mr. Diebel reported that he has driven 
straight trucks for 17 years, accumulating 255,000 miles. He holds a 
Class CA CDL from Michigan. His driving record for the last three years 
shows no crashes and no convictions for moving violations in a CMV.

Danny G. Goodman, Jr.

    Mr. Goodman, 44, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/150, and in his 
left eye, 20/20. Following an examination in 2017, his optometrist 
stated, ``He appears to have sufficient vision to operate a commercial 
vehicle.'' Mr. Goodman reported that he has driven straight trucks for 
12 years, accumulating 60,000 miles, and tractor-trailer combinations 
for seven years, accumulating 135,000 miles. He holds a Class A CDL 
from Texas. His driving record for the last three years shows no 
crashes and no convictions for moving violations in a CMV.

Randy N. Grandfield

    Mr. Grandfield, 59, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/200, and in his 
left eye, 20/20. Following an examination in 2017, his optometrist 
stated, ``It is my opinion that Mr. Grandfield's vision should not 
prevent him from operating a commercial vehicle.'' Mr. Grandfield 
reported that he has driven straight trucks for 35 years, accumulating 
560,000 miles. He holds a Class A CDL from Vermont. His driving record 
for the last three years shows one crash, to which he did contribute 
but was not cited, and no convictions for moving violations in a CMV.

Edgar A. Ideler

    Mr. Ideler, 60, has had complete loss of vision in his right eye 
since 2014. The visual acuity in his right eye is no light perception, 
and in his left eye, 20/20. Following an examination in 2017, his 
ophthalmologist stated, ``Does this person have sufficient vision to 
operate a commercial motor vehicle safely: Yes.'' Mr. Ideler reported 
that he has driven straight trucks for 39 years, accumulating 780,000 
miles, and

[[Page 35045]]

tractor-trailer combinations for 39 years, accumulating 780,000 miles. 
He holds a Class AM CDL from Illinois. His driving record for the last 
three years shows no crashes and no convictions for moving violations 
in a CMV.

Dennis R. Jones

    Mr. Jones, 55, has aphakia in his left eye due to a traumatic 
incident in 2007. The visual acuity in his right eye is 20/15, and in 
his left eye, 20/150. Following an examination in 2017, his 
ophthalmologist stated, ``In my medical opinion Mr. Jones has 
sufficient vision to perform to perform [sic] the driving tasks 
required to operate a commercial vehicle as defined by requirements 
found in Federal Register Vol. 78, No. 243 page 76591, (6)-(9).'' Mr. 
Jones reported that he has driven straight trucks for six years, 
accumulating 300,000 miles, and tractor-trailer combinations for seven 
years, accumulating 350,000 miles. He holds a Class A CDL from Texas. 
His driving record for the last three years shows no crashes and no 
convictions for moving violations in a CMV.

Rufus L. Jones

    Mr. Jones, 59, has a retinal scar in his right eye due to a 
traumatic incident in childhood. The visual acuity in his right eye is 
20/80, and in his left eye, 20/20. Following an examination in 2016, 
his ophthalmologist stated, ``In my opinion, he has sufficient vision 
to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Jones reported that he has driven straight trucks for 
four years, accumulating 144,000 miles, and buses for seven years, 
accumulating 700,000 miles. He holds a Class B CDL from New Jersey. His 
driving record for the last three years shows one crash and no 
convictions for moving violations in a CMV.

Derek J. Savko

    Mr. Savko, 35, has optic nerve atrophy in his left eye due to a 
traumatic incident in childhood. The visual acuity in his right eye is 
20/20, and in his left eye, no light perception. Following an 
examination in 2016, his ophthalmologist stated, ``It is my opinion 
that he has sufficient vision in the right eye to perform his driving 
tasks as required to operate a commercial vehicle.'' Mr. Savko reported 
that he has driven straight trucks for 13 years, accumulating 162,500 
miles. He holds a Class B CDL from Montana. His driving record for the 
last three years shows no crashes and no convictions for moving 
violations in a CMV.

John J. Tilton

    Mr. Tilton, 47, has a prosthetic right eye due to a traumatic 
incident in 1986. The visual acuity in his right eye is no light 
perception, and in his left eye, 20/20. Following an examination in 
2017, his ophthalmologist stated, ``In my medical opinion, John's 
visual acuity, Visual Field [sic], and color vision show that he can 
continue to perform driving tasks required to operate a commercial 
vehicle.'' Mr. Tilton reported that he has driven straight trucks for 
three years, accumulating 25,000 miles. He holds a Class B CDL from New 
Hampshire. His driving record for the last three years shows no crashes 
and no convictions for moving violations in a CMV.

Randy D. VanScoy

    Mr. VanScoy, 60, has had amblyopia in his left eye since birth. The 
visual acuity in his right eye is 20/20, and in his left eye, 20/200. 
Following an examination in 2017, his optometrist stated, ``Diagnosis 
congenital amblyopia. This patient meets the requirements to drive a 
commercial vehicle. He shows no deficit in his visual field.'' Mr. 
VanScoy reported that he has driven tractor-trailer combinations for 42 
years, accumulating 3.1 million miles. He holds a Class A CDL from 
Iowa. His driving record for the last three years shows no crashes and 
no convictions for moving violations in a CMV.

III. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests 
public comment from all interested persons on the exemption petitions 
described in this notice. We will consider all comments and material 
received before the close of business on the closing date indicated in 
the dates section of the notice.

IV. Submitting Comments

    You may submit your comments and material online or by fax, mail, 
or hand delivery, but please use only one of these means. FMCSA 
recommends that you include your name and a mailing address, an email 
address, or a phone number in the body of your document so that FMCSA 
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and 
in the search box insert the docket number FMCSA-2017-0019 and click 
the search button. When the new screen appears, click on the blue 
``Comment Now!'' button on the right hand side of the page. On the new 
page, enter information required including the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. If you submit your comments by mail or 
hand delivery, submit them in an unbound format, no larger than 8\1/2\ 
by 11 inches, suitable for copying and electronic filing. If you submit 
comments by mail and would like to know that they reached the facility, 
please enclose a stamped, self-addressed postcard or envelope.
    We will consider all comments and material received during the 
comment period. FMCSA may issue a final determination at any time after 
the close of the comment period.

V. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble, go to http://www.regulations.gov and in the search box insert 
the docket number FMCSA-2017-0019 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: July 19, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-15842 Filed 7-26-17; 8:45 am]
 BILLING CODE 4910-EX-P



                                                                                 Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices                                                35043

                                                  examination be performed on CMV                          Regulations (FMCSRs) to operate a                     FOR FURTHER INFORMATION CONTACT:     Ms.
                                                  drivers subject to part 391, subpart E                   commercial motor vehicle (CMV) in                     Christine A. Hydock, Chief, Medical
                                                  who operate in interstate commerce.                      interstate commerce. If granted, the                  Programs Division, (202) 366–4001,
                                                  The results of the examination shall be                  exemptions will enable these                          fmcsamedical@dot.gov, FMCSA,
                                                  recorded in accordance with the                          individuals to operate CMVs in                        Department of Transportation, 1200
                                                  requirements set forth in that section.                  interstate commerce without meeting                   New Jersey Avenue SE., Room W64–
                                                    Title: Medical Qualification                           the vision requirement in one eye.                    224, Washington, DC 20590–0001.
                                                  Requirements.                                            DATES: Comments must be received on                   Office hours are 8:30 a.m. to 5 p.m., e.t.,
                                                    OMB Control Number: 2126–0006.                         or before August 28, 2017.                            Monday through Friday, except Federal
                                                    Type of Request: Revised collection.                                                                         holidays. If you have questions
                                                    Respondents: Treating Clinicians (i.e.,                ADDRESSES: You may submit comments
                                                                                                                                                                 regarding viewing or submitting
                                                  healthcare professional who manages                      bearing the Federal Docket Management                 material to the docket, contact Docket
                                                  and prescribes insulin for treatment of                  System (FDMS) Docket No. FMCSA–                       Services, telephone (202) 366–9826.
                                                  a driver’s diabetes mellitus as                          2017–0019 using any of the following
                                                                                                                                                                 SUPPLEMENTARY INFORMATION:
                                                  authorized by the healthcare                             methods:
                                                  professional’s applicable State licensing                  • Federal eRulemaking Portal: Go to                 I. Background
                                                  board).                                                  http://www.regulations.gov. Follow the                   Under 49 U.S.C. 31136(e) and 31315,
                                                    Estimated Number of Respondents:                       online instructions for submitting                    FMCSA may grant an exemption from
                                                  252,117 treating clinicians.                             comments.                                             the Federal Motor Carrier Safety
                                                    Estimated Time per Response: 8                           • Mail: Docket Management Facility;                 Regulations for a two-year period if it
                                                  minutes.                                                 U.S. Department of Transportation, 1200               finds ‘‘such exemption would likely
                                                    Expiration Date: 8/31/2018.                            New Jersey Avenue SE., West Building                  achieve a level of safety that is
                                                    Frequency of Response: Required.                       Ground Floor, Room W12–140,                           equivalent to or greater than the level
                                                    Estimated Total Annual Burden:                         Washington, DC 20590–0001.                            that would be achieved absent such
                                                  33,616 hours.                                              • Hand Delivery: West Building                      exemption.’’ FMCSA can renew
                                                    Public Comments Invited: You are                       Ground Floor, Room W12–140, 1200                      exemptions at the end of each two-year
                                                  asked to comment on any aspect of this                   New Jersey Avenue SE., Washington,                    period.
                                                  information collection, including: (1)                   DC, between 9 a.m. and 5 p.m., E.T.,                     The 12 individuals listed in this
                                                  Whether the proposed collection is                       Monday through Friday, except Federal                 notice have each requested such an
                                                  necessary for the performance of                         Holidays.                                             exemption from the vision requirement
                                                  FMCSA’s functions; (2) the accuracy of                     • Fax: 1–202–493–2251.                              in 49 CFR 391.41(b)(10). Accordingly,
                                                  the estimated burden; (3) ways for                                                                             the Agency will evaluate the
                                                                                                              Instructions: Each submission must
                                                  FMCSA to enhance the quality,                                                                                  qualifications of each applicant to
                                                                                                           include the Agency name and the
                                                  usefulness, and clarity of the collected                                                                       determine whether granting an
                                                                                                           docket numbers for this notice. Note
                                                  information; and (4) ways that the                                                                             exemption will achieve the required
                                                                                                           that all comments received will be
                                                  burden could be minimized without                                                                              level of safety mandated by statute.
                                                                                                           posted without change to http://
                                                  reducing the quality of the collected                                                                             The physical qualification standard
                                                                                                           www.regulations.gov, including any
                                                  information. The agency will summarize                                                                         for drivers regarding vision found in 49
                                                                                                           personal information provided. Please
                                                  or include your comments in the request                                                                        CFR 391.41(b)(10) states that a person is
                                                                                                           see the Privacy Act heading below for
                                                  for OMB’s clearance of this information                                                                        physically qualified to drive a CMV if
                                                                                                           further information.
                                                  collection.                                                                                                    that person:
                                                                                                              Docket: For access to the docket to
                                                    Issued under the authority of 49 CFR 1.87              read background documents or                             Has distant visual acuity of at least 20/40
                                                  on: July 20, 2017.                                       comments, go to http://                               (Snellen) in each eye without corrective
                                                  G. Kelly Regal,                                          www.regulations.gov at any time or                    lenses or visual acuity separately corrected to
                                                  Associate Administrator for Office of                                                                          20/40 (Snellen) or better with corrective
                                                                                                           Room W12–140 on the ground level of                   lenses, distant binocular acuity of at least 20/
                                                  Research and Information Technology and                  the West Building, 1200 New Jersey
                                                  Chief Information Officer.                                                                                     40 (Snellen) in both eyes with or without
                                                                                                           Avenue SE., Washington, DC, between 9                 corrective lenses, field of vision of at least
                                                  [FR Doc. 2017–15835 Filed 7–26–17; 8:45 am]              a.m. and 5 p.m., E.T., Monday through                 70° in the horizontal Meridian in each eye,
                                                  BILLING CODE 4910–EX–P                                   Friday, except Federal holidays. The                  and the ability to recognize the colors of
                                                                                                           FDMS is available 24 hours each day,                  traffic signals and devices showing standard
                                                                                                           365 days each year. If you want                       red, green, and amber.
                                                  DEPARTMENT OF TRANSPORTATION                             acknowledgment that we received your                    In July 1992, the Agency first
                                                  Federal Motor Carrier Safety                             comments, please include a self-                      published the criteria for the Vision
                                                  Administration                                           addressed, stamped envelope or                        Waiver Program, which listed the
                                                                                                           postcard or print the acknowledgement                 conditions and reporting standards that
                                                  [Docket No. FMCSA–2017–0019]                             page that appears after submitting                    CMV drivers approved for participation
                                                                                                           comments on-line.                                     would need to meet (Qualification of
                                                  Qualification of Drivers; Exemption                         Privacy Act: In accordance with 5                  Drivers; Vision Waivers, 57 FR 31458,
                                                  Applications; Vision                                     U.S.C. 553(c), DOT solicits comments                  July 16, 1992). The current Vision
                                                  AGENCY: Federal Motor Carrier Safety                     from the public to better inform its                  Exemption Program was established in
                                                  Administration (FMCSA), DOT.                             rulemaking process. DOT posts these                   1998, following the enactment of
mstockstill on DSK30JT082PROD with NOTICES




                                                  ACTION: Notice of applications for                       comments, without edit, including any                 amendments to the statutes governing
                                                  exemptions; request for comments.                        personal information the commenter                    exemptions made by § 4007 of the
                                                                                                           provides, to http://www.regulations.gov,              Transportation Equity Act for the 21st
                                                  SUMMARY:  FMCSA announces receipt of                     as described in the system of records                 Century (TEA–21), Public Law 105–178,
                                                  applications from 12 individuals for                     notice (DOT/ALL–14 FDMS), which can                   112 Stat. 107, 401 (June 9, 1998). Vision
                                                  exemption from the vision requirement                    be reviewed at http://www.dot.gov/                    exemptions are considered under the
                                                  in the Federal Motor Carrier Safety                      privacy.                                              procedures established in 49 CFR part


                                             VerDate Sep<11>2014   19:17 Jul 26, 2017   Jkt 241001   PO 00000   Frm 00121   Fmt 4703   Sfmt 4703   E:\FR\FM\27JYN1.SGM   27JYN1


                                                  35044                          Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices

                                                  381 subpart C, on a case-by-case basis                   nonconcurrent events is the number of                 and no convictions for moving
                                                  upon application by CMV drivers who                      single convictions. This study used                   violations in a CMV.
                                                  do not meet the vision standards of 49                   three consecutive years of data,
                                                                                                                                                                 Jay D. Diebel
                                                  CFR 391.41(b)(10).                                       comparing the experiences of drivers in
                                                     To qualify for an exemption from the                  the first two years with their                          Mr. Diebel, 58, has had amblyopia in
                                                  vision requirement, FMCSA requires a                     experiences in the final year.                        his left eye since childhood. The visual
                                                  person to present verifiable evidence                                                                          acuity in his right eye is 20/25, and in
                                                  that he/she has driven a commercial                      II. Qualifications of Applicants                      his left eye, 20/400. Following an
                                                  vehicle safely with the vision deficiency                Thomas A. Barber                                      examination in 2017, his
                                                  for the past three years. Recent driving                                                                       ophthalmologist stated, ‘‘This patient
                                                  performance is especially important in                      Mr. Barber, 43, has had amblyopia in               has no restrictions to operate a
                                                  evaluating future safety, according to                   his right eye since childhood. The                    commercial vehicle based on his ocular
                                                  several research studies designed to                     visual acuity in his right eye is 20/60,              testing.’’ Mr. Diebel reported that he has
                                                  correlate past and future driving                        and in his left eye, 20/15. Following an              driven straight trucks for 17 years,
                                                  performance. Results of these studies                    examination in 2017, his optometrist                  accumulating 255,000 miles. He holds a
                                                  support the principle that the best                      stated, ‘‘Since Mr. Barber is well                    Class CA CDL from Michigan. His
                                                  predictor of future performance by a                     adapted to his condition and has been                 driving record for the last three years
                                                  driver is his/her past record of crashes                 a commercial truck driver for many                    shows no crashes and no convictions for
                                                  and traffic violations. Copies of the                    years, I feel he is safe to continue                  moving violations in a CMV.
                                                  studies may be found at Docket Number                    driving and has sufficient vision to
                                                                                                                                                                 Danny G. Goodman, Jr.
                                                  FMCSA–1998–3637.                                         perform the driving tasks required to
                                                     FMCSA believes it can properly apply                  operate a commercial vehicle.’’ Mr.                      Mr. Goodman, 44, has had amblyopia
                                                  the principle to monocular drivers,                      Barber reported that he has driven                    in his right eye since childhood. The
                                                  because data from the Federal Highway                    tractor-trailer combinations for 15 years,            visual acuity in his right eye is 20/150,
                                                  Administration’s (FHWA) former waiver                    accumulating 1.87 million miles. He                   and in his left eye, 20/20. Following an
                                                  study program clearly demonstrated the                   holds a Class A CDL from North                        examination in 2017, his optometrist
                                                  driving performance of experienced                       Carolina. His driving record for the last             stated, ‘‘He appears to have sufficient
                                                  monocular drivers in the program is                      three years shows no crashes and no                   vision to operate a commercial vehicle.’’
                                                  better than that of all CMV drivers                      convictions for moving violations in a                Mr. Goodman reported that he has
                                                  collectively (See 61 FR 13338, 13345,                    CMV.                                                  driven straight trucks for 12 years,
                                                  March 26, 1996). The fact that                                                                                 accumulating 60,000 miles, and tractor-
                                                  experienced monocular drivers                            Nazar B. Bihun                                        trailer combinations for seven years,
                                                  demonstrated safe driving records in the                   Mr. Bihun, 30, has optic nerve pallor               accumulating 135,000 miles. He holds a
                                                  waiver program supports a conclusion                     in his right eye due to a traumatic                   Class A CDL from Texas. His driving
                                                  that other monocular drivers, meeting                    incident in 2011. The visual acuity in                record for the last three years shows no
                                                  the same qualifying conditions as those                                                                        crashes and no convictions for moving
                                                                                                           his right eye is no light perception, and
                                                  required by the waiver program, are also                                                                       violations in a CMV.
                                                                                                           in his left eye, 20/20. Following an
                                                  likely to have adapted to their vision
                                                                                                           examination in 2016, his optometrist                  Randy N. Grandfield
                                                  deficiency and will continue to operate
                                                                                                           stated, ‘‘His visual deficiency is stable                Mr. Grandfield, 59, has had
                                                  safely.
                                                     The first major research correlating                  and in my medical opinion he does                     amblyopia in his right eye since
                                                  past and future performance was done                     have sufficient vision to perform the                 childhood. The visual acuity in his right
                                                  in England by Greenwood and Yule in                      driving tasks required to operate a                   eye is 20/200, and in his left eye, 20/20.
                                                  1920. Subsequent studies, building on                    commercial vehicle.’’ Mr. Bihun                       Following an examination in 2017, his
                                                  that model, concluded that crash rates                   reported that he has driven straight                  optometrist stated, ‘‘It is my opinion
                                                  for the same individual exposed to                       trucks for eight years, accumulating                  that Mr. Grandfield’s vision should not
                                                  certain risks for two different time                     360,000 miles, and tractor-trailer                    prevent him from operating a
                                                  periods vary only slightly (See Bates                    combinations for five years,                          commercial vehicle.’’ Mr. Grandfield
                                                  and Neyman, University of California                     accumulating 25,000 miles. He holds a                 reported that he has driven straight
                                                  Publications in Statistics, April 1952).                 Class B CDL from Pennsylvania. His                    trucks for 35 years, accumulating
                                                  Other studies demonstrated theories of                   driving record for the last three years               560,000 miles. He holds a Class A CDL
                                                  predicting crash proneness from crash                    shows no crashes and no convictions for               from Vermont. His driving record for the
                                                  history coupled with other factors.                      moving violations in a CMV.                           last three years shows one crash, to
                                                  These factors—such as age, sex,                          Patrick J. Conner                                     which he did contribute but was not
                                                  geographic location, mileage driven and                                                                        cited, and no convictions for moving
                                                  conviction history—are used every day                       Mr. Conner, 45, has chorioretinal                  violations in a CMV.
                                                  by insurance companies and motor                         scarring in his left eye due to a
                                                  vehicle bureaus to predict the                           traumatic incident in 2014. The visual                Edgar A. Ideler
                                                  probability of an individual                             acuity in his right eye is 20/15, and in                Mr. Ideler, 60, has had complete loss
                                                  experiencing future crashes (See Weber,                  his left eye, count fingers. Following an             of vision in his right eye since 2014. The
                                                  Donald C., ‘‘Accident Rate Potential: An                 examination in 2017, his optometrist                  visual acuity in his right eye is no light
                                                  Application of Multiple Regression                       stated, ‘‘It is my opinion that Patrick               perception, and in his left eye, 20/20.
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                                                  Analysis of a Poisson Process,’’ Journal                 Conner has vision that is safe to operate             Following an examination in 2017, his
                                                  of American Statistical Association,                     a commercial vehicle.’’ Mr. Conner                    ophthalmologist stated, ‘‘Does this
                                                  June 1971). A 1964 California Driver                     reported that he has driven straight                  person have sufficient vision to operate
                                                  Record Study prepared by the California                  trucks for 11 years, accumulating                     a commercial motor vehicle safely:
                                                  Department of Motor Vehicles                             165,000 miles. He holds a Class B CDL                 Yes.’’ Mr. Ideler reported that he has
                                                  concluded that the best overall crash                    from Oklahoma. His driving record for                 driven straight trucks for 39 years,
                                                  predictor for both concurrent and                        the last three years shows no crashes                 accumulating 780,000 miles, and


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                                                                                 Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices                                                 35045

                                                  tractor-trailer combinations for 39 years,               John J. Tilton                                        specific section of this document to
                                                  accumulating 780,000 miles. He holds a                      Mr. Tilton, 47, has a prosthetic right             which each comment applies, and
                                                  Class AM CDL from Illinois. His driving                  eye due to a traumatic incident in 1986.              provide a reason for each suggestion or
                                                  record for the last three years shows no                 The visual acuity in his right eye is no              recommendation. If you submit your
                                                  crashes and no convictions for moving                    light perception, and in his left eye, 20/            comments by mail or hand delivery,
                                                  violations in a CMV.                                     20. Following an examination in 2017,                 submit them in an unbound format, no
                                                                                                           his ophthalmologist stated, ‘‘In my                   larger than 81⁄2 by 11 inches, suitable for
                                                  Dennis R. Jones                                                                                                copying and electronic filing. If you
                                                                                                           medical opinion, John’s visual acuity,
                                                    Mr. Jones, 55, has aphakia in his left                 Visual Field [sic], and color vision show             submit comments by mail and would
                                                  eye due to a traumatic incident in 2007.                 that he can continue to perform driving               like to know that they reached the
                                                                                                           tasks required to operate a commercial                facility, please enclose a stamped, self-
                                                  The visual acuity in his right eye is 20/
                                                                                                           vehicle.’’ Mr. Tilton reported that he has            addressed postcard or envelope.
                                                  15, and in his left eye, 20/150.                                                                                  We will consider all comments and
                                                  Following an examination in 2017, his                    driven straight trucks for three years,
                                                                                                           accumulating 25,000 miles. He holds a                 material received during the comment
                                                  ophthalmologist stated, ‘‘In my medical                                                                        period. FMCSA may issue a final
                                                  opinion Mr. Jones has sufficient vision                  Class B CDL from New Hampshire. His
                                                                                                           driving record for the last three years               determination at any time after the close
                                                  to perform to perform [sic] the driving                                                                        of the comment period.
                                                  tasks required to operate a commercial                   shows no crashes and no convictions for
                                                  vehicle as defined by requirements                       moving violations in a CMV.                           V. Viewing Comments and Documents
                                                  found in Federal Register Vol. 78, No.                   Randy D. VanScoy                                        To view comments, as well as any
                                                  243 page 76591, (6)–(9).’’ Mr. Jones                                                                           documents mentioned in this preamble,
                                                                                                             Mr. VanScoy, 60, has had amblyopia
                                                  reported that he has driven straight                                                                           go to http://www.regulations.gov and in
                                                                                                           in his left eye since birth. The visual
                                                  trucks for six years, accumulating                                                                             the search box insert the docket number
                                                                                                           acuity in his right eye is 20/20, and in
                                                  300,000 miles, and tractor-trailer                       his left eye, 20/200. Following an                    FMCSA–2017–0019 and click ‘‘Search.’’
                                                  combinations for seven years,                            examination in 2017, his optometrist                  Next, click ‘‘Open Docket Folder’’ and
                                                  accumulating 350,000 miles. He holds a                   stated, ‘‘Diagnosis congenital                        you will find all documents and
                                                  Class A CDL from Texas. His driving                      amblyopia. This patient meets the                     comments related to this notice.
                                                  record for the last three years shows no                 requirements to drive a commercial                      Issued on: July 19, 2017.
                                                  crashes and no convictions for moving                    vehicle. He shows no deficit in his                   Larry W. Minor,
                                                  violations in a CMV.                                     visual field.’’ Mr. VanScoy reported that             Associate Administrator for Policy.
                                                  Rufus L. Jones                                           he has driven tractor-trailer                         [FR Doc. 2017–15842 Filed 7–26–17; 8:45 am]
                                                                                                           combinations for 42 years, accumulating               BILLING CODE 4910–EX–P
                                                     Mr. Jones, 59, has a retinal scar in his              3.1 million miles. He holds a Class A
                                                  right eye due to a traumatic incident in                 CDL from Iowa. His driving record for
                                                  childhood. The visual acuity in his right                the last three years shows no crashes                 DEPARTMENT OF TRANSPORTATION
                                                  eye is 20/80, and in his left eye, 20/20.                and no convictions for moving
                                                  Following an examination in 2016, his                    violations in a CMV.                                  Federal Motor Carrier Safety
                                                  ophthalmologist stated, ‘‘In my opinion,                                                                       Administration
                                                                                                           III. Request for Comments
                                                  he has sufficient vision to perform the                                                                        [Docket No. FMCSA–2014–0177]
                                                  driving tasks required to operate a                         In accordance with 49 U.S.C. 31136(e)
                                                  commercial vehicle.’’ Mr. Jones reported                 and 31315, FMCSA requests public                      Crash Preventability Demonstration
                                                  that he has driven straight trucks for                   comment from all interested persons on                Program
                                                  four years, accumulating 144,000 miles,                  the exemption petitions described in
                                                  and buses for seven years, accumulating                  this notice. We will consider all                     AGENCY: Federal Motor Carrier Safety
                                                  700,000 miles. He holds a Class B CDL                    comments and material received before                 Administration (FMCSA), DOT.
                                                  from New Jersey. His driving record for                  the close of business on the closing date             ACTION: Notice.
                                                  the last three years shows one crash and                 indicated in the dates section of the
                                                                                                           notice.                                               SUMMARY:   On July 12, 2016, FMCSA
                                                  no convictions for moving violations in                                                                        proposed a crash preventability
                                                  a CMV.                                                   IV. Submitting Comments                               demonstration program. Based on the
                                                  Derek J. Savko                                              You may submit your comments and                   feedback received in response to the
                                                                                                           material online or by fax, mail, or hand              Federal Register notice, FMCSA
                                                    Mr. Savko, 35, has optic nerve                         delivery, but please use only one of                  announces the initiation of a crash
                                                  atrophy in his left eye due to a traumatic               these means. FMCSA recommends that                    preventability demonstration program
                                                  incident in childhood. The visual acuity                 you include your name and a mailing                   in which the Agency would accept
                                                  in his right eye is 20/20, and in his left               address, an email address, or a phone                 requests for data review (RDRs) to
                                                  eye, no light perception. Following an                   number in the body of your document                   evaluate the preventability of certain
                                                  examination in 2016, his                                 so that FMCSA can contact you if there                categories of crashes through its
                                                  ophthalmologist stated, ‘‘It is my                       are questions regarding your                          national data correction system known
                                                  opinion that he has sufficient vision in                 submission.                                           as DataQs. This notice describes the
                                                  the right eye to perform his driving tasks                  To submit your comment online, go to               crash types that will qualify for the
                                                  as required to operate a commercial                      http://www.regulations.gov and in the                 demonstration program, the process for
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                                                  vehicle.’’ Mr. Savko reported that he has                search box insert the docket number                   submitting RDRs to evaluate the
                                                  driven straight trucks for 13 years,                     FMCSA–2017–0019 and click the search                  preventability of a crash, how decisions
                                                  accumulating 162,500 miles. He holds a                   button. When the new screen appears,                  on preventability will be displayed in
                                                  Class B CDL from Montana. His driving                    click on the blue ‘‘Comment Now!’’                    Agency systems, and the data to be
                                                  record for the last three years shows no                 button on the right hand side of the                  collected through this program for use
                                                  crashes and no convictions for moving                    page. On the new page, enter                          in future decisions about a longer-term
                                                  violations in a CMV.                                     information required including the                    crash preventability program.


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Document Created: 2017-07-27 02:07:23
Document Modified: 2017-07-27 02:07:23
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of applications for exemptions; request for comments.
DatesComments must be received on or before August 28, 2017.
ContactMs. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
FR Citation82 FR 35043 

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