82_FR_37657 82 FR 37504 - Qualification of Drivers; Exemption Applications; Vision

82 FR 37504 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 153 (August 10, 2017)

Page Range37504-37508
FR Document2017-16861

FMCSA announces receipt of applications from 22 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.

Federal Register, Volume 82 Issue 153 (Thursday, August 10, 2017)
[Federal Register Volume 82, Number 153 (Thursday, August 10, 2017)]
[Notices]
[Pages 37504-37508]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16861]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0022]


Qualification of Drivers; Exemption Applications; Vision

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

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

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SUMMARY: FMCSA announces receipt of applications from 22 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 September 11, 2017.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2017-0022 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 number(s) 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

[[Page 37505]]

acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement 
page that appears after submitting comments online.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to 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 FMCSRs 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.'' The 
statute also allows the Agency to renew exemptions at the end of the 
two-year period.
    The 22 individuals listed in this notice have requested an 
exemption from the vision requirement in 49 CFR 391.41(b) (10). 
Accordingly, the Agency will evaluate the qualifications of each 
applicant to determine whether granting an exemption will achieve the 
required level of safety mandated by statute.
    The physical qualification standard for drivers regarding vision 
found in 49 CFR 391.41(b)(10) states that a person is physically 
qualified to drive a CMV if that person:

    Has distant visual acuity of at least 20/40 (Snellen) in each 
eye without corrective lenses or visual acuity separately corrected 
to 20/40 (Snellen) or better with corrective lenses, distant 
binocular acuity of at least 20/40 (Snellen) in both eyes with or 
without corrective lenses, field of vision of at least 70[deg] in 
the horizontal Meridian in each eye, and the ability to recognize 
the colors of traffic signals and devices showing standard red, 
green, and amber.

    In July 1992, the Agency first published the criteria for the 
Vision Waiver Program, which listed the conditions and reporting 
standards that CMV drivers approved for participation would need to 
meet (Qualification of Drivers; Vision Waivers, 57 FR 31458, July 16, 
1992). The current Vision Exemption Program was established in 1998, 
following the enactment of amendments to the statutes governing 
exemptions made by Sec.  4007 of the Transportation Equity Act for the 
21st Century (TEA-21), Public Law 105-178, 112 Stat. 107, 401 (June 9, 
1998). Vision exemptions are considered under the procedures 
established in 49 CFR part 381 subpart C, on a case-by-case basis upon 
application by CMV drivers who do not meet the vision standards of 49 
CFR 391.41(b)(10).
    To qualify for an exemption from the vision requirement, FMCSA 
requires a person to present verifiable evidence that he/she has driven 
a commercial vehicle safely with the vision deficiency for the past 
three years. Recent driving performance is especially important in 
evaluating future safety, according to several research studies 
designed to correlate past and future driving performance. Results of 
these studies support the principle that the best predictor of future 
performance by a driver is his/her past record of crashes and traffic 
violations. Copies of the studies may be found at Docket Number FMCSA-
1998-3637.
    FMCSA believes it can properly apply the principle to monocular 
drivers, because data from the Federal Highway Administration's (FHWA) 
former waiver study program clearly demonstrated the driving 
performance of experienced monocular drivers in the program is better 
than that of all CMV drivers collectively (See 61 FR 13338, 13345, 
March 26, 1996). The fact that experienced monocular drivers 
demonstrated safe driving records in the waiver program supports a 
conclusion that other monocular drivers, meeting the same qualifying 
conditions as those required by the waiver program, are also likely to 
have adapted to their vision deficiency and will continue to operate 
safely.
    The first major research correlating past and future performance 
was done in England by Greenwood and Yule in 1920. Subsequent studies, 
building on that model, concluded that crash rates for the same 
individual exposed to certain risks for two different time periods vary 
only slightly (See Bates and Neyman, University of California 
Publications in Statistics, April 1952). Other studies demonstrated 
theories of predicting crash proneness from crash history coupled with 
other factors. These factors--such as age, sex, geographic location, 
mileage driven and conviction history--are used every day by insurance 
companies and motor vehicle bureaus to predict the probability of an 
individual experiencing future crashes (See Weber, Donald C., 
``Accident Rate Potential: An Application of Multiple Regression 
Analysis of a Poisson Process,'' Journal of American Statistical 
Association, June 1971). A 1964 California Driver Record Study prepared 
by the California Department of Motor Vehicles concluded that the best 
overall crash predictor for both concurrent and nonconcurrent events is 
the number of single convictions. This study used three consecutive 
years of data, comparing the experiences of drivers in the first two 
years with their experiences in the final year.

II. Qualifications of Applicants

Eddie S. Bennett

    Mr. Bennett, 58, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/20, and in his left eye, 20/
100. Following an examination in 2017, his ophthalmologist stated, ``In 
my medical opinion, Mr. Bennett has sufficient vision to operate a 
commercial vehicle.'' Mr. Bennett reported that he has driven straight 
trucks for 29 years, accumulating 348,000 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.

Ray M. Bliss

    Mr. Bliss, 56, has a prosthetic 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 2017, 
his optometrist stated, ``It is my medical opinion that Ray has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Bliss reported that he has driven straight 
trucks for 34 years, accumulating 442,000 miles. He holds a Class B CDL 
from Minnesota. His driving record for the last three years shows no 
crashes and no convictions for moving violations in a CMV.

Gary S. Boryk

    Mr. Boryk, 61, 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, ``. . . 
Mr. Boryk meets the visual requirements for operating a commercial 
vehicle . . .'' Mr. Boryk reported that he has driven buses for 16 
years,

[[Page 37506]]

accumulating 960,000 miles. He holds a Class BM CDL from Virginia. His 
driving record for the last three years shows no crashes and no 
convictions for moving violations in a CMV.

Jonathan E. Burt

    Mr. Burt, 29, 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, 
``Jonathan has sufficient vision to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Burt reported that he has driven 
straight trucks for three years, accumulating 30,000 miles, and 
tractor-trailer combinations for seven years, accumulating 525,000 
miles. He holds a Class A CDL from Vermont. His driving record for the 
last three years shows no crashes and no convictions for moving 
violations in a CMV.

David A. Cooper

    Mr. Cooper, 50, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/15, and in his left eye, 20/
70. Following an examination in 2017, his optometrist stated, ``The 
patient, David Cooper, has sufficient vision to operate a commercial 
vehicle.'' Mr. Cooper reported that he has driven straight trucks for 
11 years, accumulating 6,600 miles. He holds an operator's license from 
West Virginia. His driving record for the last three years shows no 
crashes and no convictions for moving violations in a CMV.

Nicholas M. Deschepper

    Mr. Deschepper, 31, has had amblyopia in his left eye since 
childhood. The visual acuity in his right eye is 20/20, and in his left 
eye, 20/200. Following an examination in 2017, his optometrist stated, 
``My understanding of a CDL license is that it requires 20/30 visual 
acuity or better of at least one eye with normal color vision and 
peripheral vision. It is my opinion that Nick passes all of these 
requirements and is safe to operate with a CDL license.'' Mr. 
Deschepper reported that he has driven tractor-trailer combinations for 
eight years, accumulating 720,000 miles. He holds a Class A3 CDL from 
South Dakota. His driving record for the last three years shows no 
crashes and no convictions for moving violations in a CMV.

Frank J. Devitz

    Mr. Devitz, 34, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is 20/50, and in his left eye, 20/
20. Following an examination in 2017, his optometrist stated, ``In my 
opinion, Mr. Devitz has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle, especially since he has been 
doing so for so many years.'' Mr. Devitz reported that he has driven 
tractor-trailer combinations for 12 years, accumulating 780,000 miles. 
He holds a Class A CDL from Pennsylvania. His driving record for the 
last three years shows no crashes and no convictions for moving 
violations in a CMV.

John F. Ferguson, Jr.

    Mr. Ferguson, 55, has a scotoma in his right eye due to a traumatic 
incident during birth. The visual acuity in his right eye is 20/300, 
and in his left eye, 20/20. Following an examination in 2017, his 
optometrist stated, ``In my opinion, John has a sufficient visual 
acuity and visual field to operate a commercial vehicle.'' Mr. Ferguson 
reported that he has driven straight trucks for five years, 
accumulating 390,000 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.

Dominick P. Fittipaldi

    Mr. Fittipaldi, 37, has complete loss of vision 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 2017, his ophthalmologist stated, ``In my medical 
opinion, Mr. Fittipaldi has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Fittipaldi 
reported that he has driven straight trucks for 21 years, accumulating 
210,000 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.

Alvin H. Horgdal

    Mr. Horgdal, 68, has had amblyopia in his right eye since birth. 
The visual acuity in his right eye is 20/400, and in his left eye, 20/
30. Following an examination in 2017, his optometrist stated, ``. . . I 
feel he has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Horgdal reported that he has driven 
straight trucks for 26 years, accumulating 1.5 million miles. He holds 
a Class B CDL from Iowa. His driving record for the last three years 
shows no crashes and no convictions for moving violations in a CMV.

Louis R. LeMonds, Jr.

    Mr. LeMonds, 53, has a phthisis bulbi in his right eye due to a 
traumatic incident in 2008. The visual acuity in his right eye is hand 
motion, and in his left eye, 20/20. Following an examination in 2017, 
his ophthalmologist stated, ``My medical opinion is that he has 
sufficient vision to operate a commercial vehicle without difficulty.'' 
Mr. LeMonds reported that he has driven tractor-trailer combinations 
for 34 years, accumulating two million 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.

Jonathan Marin

    Mr. Marin, 26, 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, ``Mr. 
Marin's left eye has sufficient visual acuity, color vision and visual 
field as required for commercial driving.'' Mr. Marin reported that he 
has driven straight trucks for three years, accumulating 1,500 miles. 
He holds an operator's license from New Jersey. His driving record for 
the last three years shows no crashes and no convictions for moving 
violations in a CMV.

Mark E. McNaughton

    Mr. McNaughton, 53, has had complete loss of vision in his right 
eye since childhood. 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, ``He has no deficiencies in color 
vision, and I feel he has sufficient vision to perform driving tasks 
required for a commercial vehicle.'' Mr. McNaughton reported that he 
has driven straight trucks for 30 years, accumulating 900,000 miles. He 
holds a Class B CDL from Iowa. His driving record for the last three 
years shows no crashes and no convictions for moving violations in a 
CMV.

Louis Neofotistos

    Mr. Neofotistos, 55, has a macular scar in his right eye due to a 
traumatic incident in childhood. The visual acuity in his right eye is 
counting fingers, and in his left eye, 20/25. Following an examination 
in 2017, his optometrist stated, ``In my medical opinion, Louis has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Neofotistos reported that he has driven 
straight trucks for 38 years, accumulating 45,600 miles. He holds a 
Class BM CDL from

[[Page 37507]]

Massachusetts. His driving record for the last three years shows no 
crashes and no convictions for moving violations in a CMV.

Josue M. Rodriguez-Espinoza

    Mr. Rodriguez-Espinoza, 25, has had amblyopia in his right eye 
since childhood. The visual acuity in his right eye is counting 
fingers, and in his left eye, 20/20. Following an examination in 2017, 
his ophthalmologist stated, ``I feel that Mr. Rodriguez would have no 
problems performing the tasks required to appropriately operate a 
commercial vehicle despite the poor vision in his right eye.'' Mr. 
Rodriguez-Espinoza reported that he has driven straight trucks for 
eight years, accumulating 80,000 miles. He holds an operator's license 
from California. His driving record for the last three years shows no 
crashes and no convictions for moving violations in a CMV.

James R. Rupert

    Mr. Rupert, 54, has had a central retinal vein occlusion in his 
right eye since 2012. The visual acuity in his right eye is 20/200, and 
in his left eye, 20/20. Following an examination in 2017, his 
ophthalmologist stated, ``In my medical opinion James has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Rupert reported that he has driven straight trucks for 
37 years, accumulating 1.33 million miles, and tractor-trailer 
combinations for 35 years, accumulating 175,000 miles. He holds an 
operator's license from California. His driving record for the last 
three years shows no crashes and no convictions for moving violations 
in a CMV.

Christopher J. Schmidt

    Mr. Schmidt, 31, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/20, and in his left eye, 
counting fingers. Following an examination in 2017, his ophthalmologist 
stated, ``In my medical opinion, he has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Schmidt reported that he has driven straight trucks for four years, 
accumulating 25,000 miles, and tractor-trailer combinations for four 
years, accumulating 25,000 miles. He holds a Class ABCD CDL from 
Wisconsin. His driving record for the last three years shows no crashes 
and no convictions for moving violations in a CMV.

Brandon L. Siebe

    Mr. Siebe, 45, 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, 20/15. Following an 
examination in 2016, his optometrist stated, ``He has a nearsighted 
left eye that corrects to 20/15, and he has sufficient vision to 
perform the driving test required to operate a commercial vehicle.'' 
Mr. Siebe reported that he has driven straight trucks for 19 years, 
accumulating 285,000 miles. He holds an operator's license from 
Kentucky. His driving record for the last three years shows one crash 
and no convictions for moving violations in a CMV.

Greg C. Stilson

    Mr. Stilson, 54, has had amblyopia in his right eye since birth. 
The visual acuity in his right eye is 20/70, and in his left eye, 20/
20. Following an examination in 2017, his optometrist stated, ``He is 
also able to recognize color and in my opinion is safe to operate a 
commercial vehicle over interstate lines. Even though he is amblyopic 
OD his peripheral awareness is normal on his right side.'' Mr. Stilson 
reported that he has driven straight trucks for five years, 
accumulating 125,000 miles, and tractor-trailer combinations for 32 
years, accumulating four million miles. He holds a Class AM CDL from 
Wyoming. His driving record for the last three years shows no crashes 
and no convictions for moving violations in a CMV.

Paul M. Wooton

    Mr. Wooton, 39, has a macular scar 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, 20/200. Following an examination in 2017, 
his ophthalmologist stated, ``In my opinion, this individual has 
sufficient vision to perform the driving tasks required to operate 
commercial vehicles.'' Mr. Wooton reported that he has driven straight 
trucks for six years, accumulating 270,000 miles, and tractor-trailer 
combinations for four years, accumulating 420,000 miles. He holds a 
Class DA CDL from Kentucky. His driving record for the last three years 
shows no crashes and no convictions for moving violations in a CMV.

Willie C. Young

    Mr. Young, 58, has fibrosis 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, counting fingers. Following an examination in 2017, 
his optometrist stated, ``It is my opinion that Mr. Willie Young has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Young reported that he has driven tractor-
trailer combinations for 17 years, accumulating 1.19 million 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.

Eloy Zuniga

    Mr. Zuniga, 41, has retinal scarring in his left eye due to a 
traumatic incident in 1994. The visual acuity in his right eye is 20/
20, and in his left eye, 20/150. Following an examination in 2016, his 
optometrist stated, ``In my opinion Mr. Zuniga has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Zuniga reported that he has driven 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.

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-2017-0022 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

[[Page 37508]]

facility, please enclose a stamped, self-addressed postcard or 
envelope.
    We will consider all comments and materials received during the 
comment period. FMCSA may issue a final determination at any time after 
the close of the comment period.

V. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble, go to http://www.regulations.gov and in the search box insert 
the docket number FMCSA-2017-0022 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: August 3, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-16861 Filed 8-9-17; 8:45 am]
BILLING CODE 4910-EX-P



                                                  37504                       Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Notices

                                                    The qualifications and medical                        VI. Conclusion                                        DEPARTMENT OF TRANSPORTATION
                                                  condition of each applicant were stated                    Based upon its evaluation of the 41
                                                  and discussed in detail in the April 21,                exemption applications, FMCSA                         Federal Motor Carrier Safety
                                                  2017, Federal Register notice and they                  exempts the following drivers from the                Administration
                                                  will not be repeated in this notice.                    diabetes requirement in 49 CFR                        [Docket No. FMCSA–2017–0022]
                                                  III. Discussion of Comments                             391.41(b)(3):
                                                                                                          Darryl Bates (IL)                                     Qualification of Drivers; Exemption
                                                    FMCSA received no comments in this                    Jacob S. Beach (PA)                                   Applications; Vision
                                                  proceeding.                                             Ralph N. Bonnema, Jr. (OH)
                                                                                                          Robert L. Brooks (MS)                                 AGENCY: Federal Motor Carrier Safety
                                                  IV. Basis for Exemption Determination                                                                         Administration (FMCSA), DOT.
                                                                                                          Broderick J. Burgess (KS)
                                                     Under 49 U.S.C. 31136(e) and 31315,                  Jerry L. Carter (IL)                                  ACTION: Notice of applications for
                                                  FMCSA may grant an exemption from                       Robert D. Clayton (NV)                                exemption; request for comments.
                                                  the diabetes requirement in 49 CFR                      Christopher M. Cleland (AL)
                                                  391.41(b)(3) if the exemption is likely to              Frank L. Creswell, III (TX)                           SUMMARY:   FMCSA announces receipt of
                                                  achieve an equivalent or greater level of               Brian L. Dinger (IA)                                  applications from 22 individuals for an
                                                  safety than would be achieved without                   Michael E. Fobian (NJ)                                exemption from the vision requirement
                                                  the exemption. The exemption allows                     Cecil J. Garmon (TN)                                  in the Federal Motor Carrier Safety
                                                  the applicants to operate CMVs in                       Terrance M. Golden (MN)                               Regulations (FMCSRs) to operate a
                                                  interstate commerce.                                    Arthur V. Hansard (GA)                                commercial motor vehicle (CMV) in
                                                                                                          Delbert L. Harris (MS)                                interstate commerce. If granted, the
                                                     To evaluate the effect of these
                                                                                                          Jon C. Jones (ID)                                     exemptions will enable these
                                                  exemptions on safety, FMCSA                             Rodney W. Kirkland (WA)
                                                  considered medical reports about the                                                                          individuals to operate CMVs in
                                                                                                          David P. Laselle (AK)                                 interstate commerce without meeting
                                                  applicants’ ITDM and vision, and                        Jared L. Lischka (TX)
                                                  reviewed the treating endocrinologists’                                                                       the vision requirement in one eye.
                                                                                                          Mark V. Longo (OH)
                                                  medical opinion related to the ability of               Keith A. Mattix (UT)                                  DATES: Comments must be received on
                                                  the driver to safely operate a CMV while                Ryan J. McClurg (NY)                                  or before September 11, 2017.
                                                  using insulin.                                          Michael A. McLaughlin (NJ)                            ADDRESSES: You may submit comments
                                                     Consequently, FMCSA finds that in                    Charles D. Paschall (KY)                              bearing the Federal Docket Management
                                                  each case exempting these applicants                    Alan Poller (NJ)                                      System (FDMS) Docket No. FMCSA–
                                                  from the diabetes requirement in 49 CFR                 George E. Powell (NM)                                 2017–0022 using any of the following
                                                  391.41(b)(3) is likely to achieve a level               Kyle B. Rindels (MN)                                  methods:
                                                  of safety equal to that existing without                Larry J. Sobolik (OK)                                   • Federal eRulemaking Portal: Go to
                                                  the exemption.                                          Kevin J. Story (MD)                                   http://www.regulations.gov. Follow the
                                                                                                          Zachary A. Stovall (TX)                               online instructions for submitting
                                                  V. Conditions and Requirements                          Joseph Summers (TX)                                   comments.
                                                     The terms and conditions of the                      Robert J. Tate (VA)                                     • Mail: Docket Management Facility;
                                                                                                          Anthony Terrill (MO)
                                                  exemption will be provided to the                                                                             U.S. Department of Transportation, 1200
                                                                                                          Danny A. Thomas (PA)
                                                  applicants in the exemption document                    Randy D. Tyson (PA)                                   New Jersey Avenue SE., West Building
                                                  and they include the following: (1) That                Roy T. Varner (PA)                                    Ground Floor, Room W12–140,
                                                  each individual submit a quarterly                      Danny G. Washington (MS)                              Washington, DC 20590–0001.
                                                  monitoring checklist completed by the                   Clinton M. Westbrook (IL)                               • Hand Delivery: West Building
                                                  treating endocrinologist as well as an                  Matthew R. Whitney (NE)                               Ground Floor, Room W12–140, 1200
                                                  annual checklist with a comprehensive                   Gary W. Wright (VA)                                   New Jersey Avenue SE., Washington,
                                                  medical evaluation; (2) that each                       Joseph D. Zimmer (IL)                                 DC, between 9 a.m. and 5 p.m., e.t.,
                                                  individual reports within 2 business                       In accordance with 49 U.S.C. 31136(e)              Monday through Friday, except Federal
                                                  days of occurrence, all episodes of                     and 31315 each exemption is valid for                 Holidays.
                                                  severe hypoglycemia, significant                        two years unless revoked earlier by                     • Fax: 1–202–493–2251.
                                                  complications, or inability to manage                   FMCSA. The exemption will be revoked                    Instructions: Each submission must
                                                  diabetes; also, any involvement in an                   if the following occurs: (1) The person               include the Agency name and the
                                                  accident or any other adverse event in                  fails to comply with the terms and                    docket number(s) for this notice. Note
                                                  a CMV or personal vehicle, whether or                   conditions of the exemption; (2) the                  that all comments received will be
                                                  not it is related to an episode of                      exemption has resulted in a lower level               posted without change to http://
                                                  hypoglycemia; (3) that each individual                  of safety than was maintained before it               www.regulations.gov, including any
                                                  provide a copy of the ophthalmologist’s                 was granted; or (3) continuation of the               personal information provided. Please
                                                  or optometrist’s report to the medical                  exemption would not be consistent with                see the Privacy Act heading below for
                                                  examiner at the time of the annual                      the goals and objectives of 49 U.S.C.                 further information.
                                                  medical examination; and (4) that each                  31136(e) and 31315. If the exemption is                 Docket: For access to the docket to
                                                  individual provide a copy of the annual                 still effective at the end of the 2-year              read background documents or
                                                  medical certification to the employer for               period, the person may apply to FMCSA                 comments, go to http://
                                                  retention in the driver’s qualification                                                                       www.regulations.gov at any time or
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                                                                                                          for a renewal under procedures in effect
                                                  file, or keep a copy in his/her driver’s                at that time.                                         Room W12–140 on the ground level of
                                                  qualification file if he/she is self-                                                                         the West Building, 1200 New Jersey
                                                  employed. The driver must also have a                     Issued on: August 4, 2017.                          Avenue SE., Washington, DC, between 9
                                                  copy of the certification when driving,                 Larry W. Minor,                                       a.m. and 5 p.m., e.t., Monday through
                                                  for presentation to a duly authorized                   Associate Administrator for Policy.                   Friday, except Federal holidays. The
                                                  Federal, State, or local enforcement                    [FR Doc. 2017–16856 Filed 8–9–17; 8:45 am]            FDMS is available 24 hours each day,
                                                  official.                                               BILLING CODE 4910–EX–P                                365 days each year. If you want


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                                                                              Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Notices                                            37505

                                                  acknowledgment that we received your                    Waiver Program, which listed the                      geographic location, mileage driven and
                                                  comments, please include a self-                        conditions and reporting standards that               conviction history—are used every day
                                                  addressed, stamped envelope or                          CMV drivers approved for participation                by insurance companies and motor
                                                  postcard or print the acknowledgement                   would need to meet (Qualification of                  vehicle bureaus to predict the
                                                  page that appears after submitting                      Drivers; Vision Waivers, 57 FR 31458,                 probability of an individual
                                                  comments online.                                        July 16, 1992). The current Vision                    experiencing future crashes (See Weber,
                                                     Privacy Act: In accordance with 5                    Exemption Program was established in                  Donald C., ‘‘Accident Rate Potential: An
                                                  U.S.C. 553(c), DOT solicits comments                    1998, following the enactment of                      Application of Multiple Regression
                                                  from the public to better inform its                    amendments to the statutes governing                  Analysis of a Poisson Process,’’ Journal
                                                  rulemaking process. DOT posts these                     exemptions made by § 4007 of the                      of American Statistical Association,
                                                  comments, without edit, including any                   Transportation Equity Act for the 21st                June 1971). A 1964 California Driver
                                                  personal information the commenter                      Century (TEA–21), Public Law 105–178,                 Record Study prepared by the California
                                                  provides, to http://www.regulations.gov,                112 Stat. 107, 401 (June 9, 1998). Vision             Department of Motor Vehicles
                                                  as described in the system of records                   exemptions are considered under the                   concluded that the best overall crash
                                                  notice (DOT/ALL–14 FDMS), which can                     procedures established in 49 CFR part                 predictor for both concurrent and
                                                  be reviewed at http://www.dot.gov/                      381 subpart C, on a case-by-case basis                nonconcurrent events is the number of
                                                  privacy.                                                upon application by CMV drivers who                   single convictions. This study used
                                                  FOR FURTHER INFORMATION CONTACT: Ms.                    do not meet the vision standards of 49                three consecutive years of data,
                                                  Christine A. Hydock, Chief, Medical                     CFR 391.41(b)(10).                                    comparing the experiences of drivers in
                                                  Programs Division, (202) 366–4001,                         To qualify for an exemption from the               the first two years with their
                                                  fmcsamedical@dot.gov, FMCSA,                            vision requirement, FMCSA requires a                  experiences in the final year.
                                                  Department of Transportation, 1200                      person to present verifiable evidence
                                                                                                          that he/she has driven a commercial                   II. Qualifications of Applicants
                                                  New Jersey Avenue SE., Room W64–
                                                  224, Washington, DC 20590–0001.                         vehicle safely with the vision deficiency             Eddie S. Bennett
                                                  Office hours are 8:30 a.m. to 5 p.m., e.t.,             for the past three years. Recent driving
                                                                                                          performance is especially important in                   Mr. Bennett, 58, has had amblyopia in
                                                  Monday through Friday, except Federal                                                                         his left eye since childhood. The visual
                                                  holidays. If you have questions                         evaluating future safety, according to
                                                                                                          several research studies designed to                  acuity in his right eye is 20/20, and in
                                                  regarding viewing or submitting                                                                               his left eye, 20/100. Following an
                                                  material to the docket, contact Docket                  correlate past and future driving
                                                                                                          performance. Results of these studies                 examination in 2017, his
                                                  Services, telephone (202) 366–9826.                                                                           ophthalmologist stated, ‘‘In my medical
                                                                                                          support the principle that the best
                                                  SUPPLEMENTARY INFORMATION:                                                                                    opinion, Mr. Bennett has sufficient
                                                                                                          predictor of future performance by a
                                                  I. Background                                           driver is his/her past record of crashes              vision to operate a commercial vehicle.’’
                                                                                                          and traffic violations. Copies of the                 Mr. Bennett reported that he has driven
                                                     Under 49 U.S.C. 31136(e) and 31315,                                                                        straight trucks for 29 years,
                                                  FMCSA may grant an exemption from                       studies may be found at Docket Number
                                                                                                          FMCSA–1998–3637.                                      accumulating 348,000 miles. He holds a
                                                  the FMCSRs for a two-year period if it                                                                        Class CA CDL from Michigan. His
                                                                                                             FMCSA believes it can properly apply
                                                  finds ‘‘such exemption would likely                                                                           driving record for the last three years
                                                                                                          the principle to monocular drivers,
                                                  achieve a level of safety that is                                                                             shows no crashes and no convictions for
                                                                                                          because data from the Federal Highway
                                                  equivalent to or greater than the level                                                                       moving violations in a CMV.
                                                                                                          Administration’s (FHWA) former waiver
                                                  that would be achieved absent such
                                                                                                          study program clearly demonstrated the                Ray M. Bliss
                                                  exemption.’’ The statute also allows the
                                                                                                          driving performance of experienced
                                                  Agency to renew exemptions at the end                                                                           Mr. Bliss, 56, has a prosthetic left eye
                                                                                                          monocular drivers in the program is
                                                  of the two-year period.                                                                                       due to a traumatic incident in
                                                     The 22 individuals listed in this                    better than that of all CMV drivers
                                                                                                          collectively (See 61 FR 13338, 13345,                 childhood. The visual acuity in his right
                                                  notice have requested an exemption                                                                            eye is 20/20, and in his left eye, no light
                                                                                                          March 26, 1996). The fact that
                                                  from the vision requirement in 49 CFR                                                                         perception. Following an examination
                                                                                                          experienced monocular drivers
                                                  391.41(b) (10). Accordingly, the Agency                                                                       in 2017, his optometrist stated, ‘‘It is my
                                                                                                          demonstrated safe driving records in the
                                                  will evaluate the qualifications of each                                                                      medical opinion that Ray has sufficient
                                                                                                          waiver program supports a conclusion
                                                  applicant to determine whether granting                                                                       vision to perform the driving tasks
                                                                                                          that other monocular drivers, meeting
                                                  an exemption will achieve the required                                                                        required to operate a commercial
                                                                                                          the same qualifying conditions as those
                                                  level of safety mandated by statute.                                                                          vehicle.’’ Mr. Bliss reported that he has
                                                     The physical qualification standard                  required by the waiver program, are also
                                                                                                          likely to have adapted to their vision                driven straight trucks for 34 years,
                                                  for drivers regarding vision found in 49
                                                                                                          deficiency and will continue to operate               accumulating 442,000 miles. He holds a
                                                  CFR 391.41(b)(10) states that a person is
                                                                                                          safely.                                               Class B CDL from Minnesota. His
                                                  physically qualified to drive a CMV if                     The first major research correlating               driving record for the last three years
                                                  that person:                                            past and future performance was done                  shows no crashes and no convictions for
                                                     Has distant visual acuity of at least 20/40          in England by Greenwood and Yule in                   moving violations in a CMV.
                                                  (Snellen) in each eye without corrective                1920. Subsequent studies, building on
                                                  lenses or visual acuity separately corrected to         that model, concluded that crash rates                Gary S. Boryk
                                                  20/40 (Snellen) or better with corrective
                                                  lenses, distant binocular acuity of at least 20/
                                                                                                          for the same individual exposed to                      Mr. Boryk, 61, has had amblyopia in
                                                                                                          certain risks for two different time                  his right eye since childhood. The
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                                                  40 (Snellen) in both eyes with or without
                                                  corrective lenses, field of vision of at least          periods vary only slightly (See Bates                 visual acuity in his right eye is 20/200,
                                                  70° in the horizontal Meridian in each eye,             and Neyman, University of California                  and in his left eye, 20/20. Following an
                                                  and the ability to recognize the colors of              Publications in Statistics, April 1952).              examination in 2017, his optometrist
                                                  traffic signals and devices showing standard            Other studies demonstrated theories of                stated, ‘‘. . . Mr. Boryk meets the visual
                                                  red, green, and amber.                                  predicting crash proneness from crash                 requirements for operating a commercial
                                                    In July 1992, the Agency first                        history coupled with other factors.                   vehicle . . .’’ Mr. Boryk reported that he
                                                  published the criteria for the Vision                   These factors—such as age, sex,                       has driven buses for 16 years,


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                                                  37506                       Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Notices

                                                  accumulating 960,000 miles. He holds a                  examination in 2017, his optometrist                  Louis R. LeMonds, Jr.
                                                  Class BM CDL from Virginia. His                         stated, ‘‘In my opinion, Mr. Devitz has                  Mr. LeMonds, 53, has a phthisis bulbi
                                                  driving record for the last three years                 sufficient vision to perform the driving              in his right eye due to a traumatic
                                                  shows no crashes and no convictions for                 tasks required to operate a commercial                incident in 2008. The visual acuity in
                                                  moving violations in a CMV.                             vehicle, especially since he has been                 his right eye is hand motion, and in his
                                                                                                          doing so for so many years.’’ Mr. Devitz              left eye, 20/20. Following an
                                                  Jonathan E. Burt
                                                                                                          reported that he has driven tractor-                  examination in 2017, his
                                                     Mr. Burt, 29, has had amblyopia in his               trailer combinations for 12 years,                    ophthalmologist stated, ‘‘My medical
                                                  right eye since childhood. The visual                   accumulating 780,000 miles. He holds a                opinion is that he has sufficient vision
                                                  acuity in his right eye is 20/150, and in               Class A CDL from Pennsylvania. His                    to operate a commercial vehicle without
                                                  his left eye, 20/20. Following an                       driving record for the last three years               difficulty.’’ Mr. LeMonds reported that
                                                  examination in 2017, his optometrist                    shows no crashes and no convictions for               he has driven tractor-trailer
                                                  stated, ‘‘Jonathan has sufficient vision to             moving violations in a CMV.                           combinations for 34 years, accumulating
                                                  perform the driving tasks required to                                                                         two million miles. He holds a Class A
                                                  operate a commercial vehicle.’’ Mr. Burt                John F. Ferguson, Jr.
                                                                                                                                                                CDL from Washington. His driving
                                                  reported that he has driven straight                       Mr. Ferguson, 55, has a scotoma in his             record for the last three years shows no
                                                  trucks for three years, accumulating                    right eye due to a traumatic incident                 crashes and no convictions for moving
                                                  30,000 miles, and tractor-trailer                       during birth. The visual acuity in his                violations in a CMV.
                                                  combinations for seven years,                           right eye is 20/300, and in his left eye,
                                                  accumulating 525,000 miles. He holds a                  20/20. Following an examination in                    Jonathan Marin
                                                  Class A CDL from Vermont. His driving                   2017, his optometrist stated, ‘‘In my                   Mr. Marin, 26, has had amblyopia in
                                                  record for the last three years shows no                opinion, John has a sufficient visual                 his right eye since childhood. The
                                                  crashes and no convictions for moving                   acuity and visual field to operate a                  visual acuity in his right eye is 20/200,
                                                  violations in a CMV.                                    commercial vehicle.’’ Mr. Ferguson                    and in his left eye, 20/20. Following an
                                                  David A. Cooper                                         reported that he has driven straight                  examination in 2017, his optometrist
                                                                                                          trucks for five years, accumulating                   stated, ‘‘Mr. Marin’s left eye has
                                                     Mr. Cooper, 50, has had amblyopia in                                                                       sufficient visual acuity, color vision and
                                                                                                          390,000 miles. He holds a Class B CDL
                                                  his left eye since childhood. The visual                                                                      visual field as required for commercial
                                                                                                          from Pennsylvania. His driving record
                                                  acuity in his right eye is 20/15, and in                                                                      driving.’’ Mr. Marin reported that he has
                                                                                                          for the last three years shows no crashes
                                                  his left eye, 20/70. Following an                                                                             driven straight trucks for three years,
                                                                                                          and no convictions for moving
                                                  examination in 2017, his optometrist                                                                          accumulating 1,500 miles. He holds an
                                                                                                          violations in a CMV.
                                                  stated, ‘‘The patient, David Cooper, has                                                                      operator’s license from New Jersey. His
                                                  sufficient vision to operate a                          Dominick P. Fittipaldi                                driving record for the last three years
                                                  commercial vehicle.’’ Mr. Cooper                                                                              shows no crashes and no convictions for
                                                                                                             Mr. Fittipaldi, 37, has complete loss
                                                  reported that he has driven straight                                                                          moving violations in a CMV.
                                                                                                          of vision in his left eye due to a
                                                  trucks for 11 years, accumulating 6,600
                                                                                                          traumatic incident in childhood. The                  Mark E. McNaughton
                                                  miles. He holds an operator’s license
                                                                                                          visual acuity in his right eye is 20/20,
                                                  from West Virginia. His driving record                                                                          Mr. McNaughton, 53, has had
                                                                                                          and in his left eye, no light perception.
                                                  for the last three years shows no crashes                                                                     complete loss of vision in his right eye
                                                                                                          Following an examination in 2017, his
                                                  and no convictions for moving                                                                                 since childhood. The visual acuity in
                                                                                                          ophthalmologist stated, ‘‘In my medical               his right eye is no light perception, and
                                                  violations in a CMV.
                                                                                                          opinion, Mr. Fittipaldi has sufficient                in his left eye, 20/20. Following an
                                                  Nicholas M. Deschepper                                  vision to perform the driving tasks                   examination in 2017, his
                                                     Mr. Deschepper, 31, has had                          required to operate a commercial                      ophthalmologist stated, ‘‘He has no
                                                  amblyopia in his left eye since                         vehicle.’’ Mr. Fittipaldi reported that he            deficiencies in color vision, and I feel he
                                                  childhood. The visual acuity in his right               has driven straight trucks for 21 years,              has sufficient vision to perform driving
                                                  eye is 20/20, and in his left eye, 20/200.              accumulating 210,000 miles. He holds                  tasks required for a commercial
                                                  Following an examination in 2017, his                   an operator’s license from Pennsylvania.              vehicle.’’ Mr. McNaughton reported that
                                                  optometrist stated, ‘‘My understanding                  His driving record for the last three                 he has driven straight trucks for 30
                                                  of a CDL license is that it requires 20/                years shows no crashes and no                         years, accumulating 900,000 miles. He
                                                  30 visual acuity or better of at least one              convictions for moving violations in a                holds a Class B CDL from Iowa. His
                                                  eye with normal color vision and                        CMV.                                                  driving record for the last three years
                                                  peripheral vision. It is my opinion that                Alvin H. Horgdal                                      shows no crashes and no convictions for
                                                  Nick passes all of these requirements                                                                         moving violations in a CMV.
                                                  and is safe to operate with a CDL                         Mr. Horgdal, 68, has had amblyopia in
                                                                                                          his right eye since birth. The visual                 Louis Neofotistos
                                                  license.’’ Mr. Deschepper reported that
                                                  he has driven tractor-trailer                           acuity in his right eye is 20/400, and in               Mr. Neofotistos, 55, has a macular
                                                  combinations for eight years,                           his left eye, 20/30. Following an                     scar in his right eye due to a traumatic
                                                  accumulating 720,000 miles. He holds a                  examination in 2017, his optometrist                  incident in childhood. The visual acuity
                                                  Class A3 CDL from South Dakota. His                     stated, ‘‘. . . I feel he has sufficient              in his right eye is counting fingers, and
                                                  driving record for the last three years                 vision to perform the driving tasks                   in his left eye, 20/25. Following an
                                                  shows no crashes and no convictions for                 required to operate a commercial                      examination in 2017, his optometrist
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                                                  moving violations in a CMV.                             vehicle.’’ Mr. Horgdal reported that he               stated, ‘‘In my medical opinion, Louis
                                                                                                          has driven straight trucks for 26 years,              has sufficient vision to perform the
                                                  Frank J. Devitz                                         accumulating 1.5 million miles. He                    driving tasks required to operate a
                                                    Mr. Devitz, 34, has had amblyopia in                  holds a Class B CDL from Iowa. His                    commercial vehicle.’’ Mr. Neofotistos
                                                  his right eye since childhood. The                      driving record for the last three years               reported that he has driven straight
                                                  visual acuity in his right eye is 20/50,                shows no crashes and no convictions for               trucks for 38 years, accumulating 45,600
                                                  and in his left eye, 20/20. Following an                moving violations in a CMV.                           miles. He holds a Class BM CDL from


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                                                                              Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Notices                                            37507

                                                  Massachusetts. His driving record for                   incident in childhood. The visual acuity              commercial vehicle.’’ Mr. Young
                                                  the last three years shows no crashes                   in his right eye is no light perception,              reported that he has driven tractor-
                                                  and no convictions for moving                           and in his left eye, 20/15. Following an              trailer combinations for 17 years,
                                                  violations in a CMV.                                    examination in 2016, his optometrist                  accumulating 1.19 million miles. He
                                                                                                          stated, ‘‘He has a nearsighted left eye               holds a Class A CDL from Texas. His
                                                  Josue M. Rodriguez-Espinoza
                                                                                                          that corrects to 20/15, and he has                    driving record for the last three years
                                                     Mr. Rodriguez-Espinoza, 25, has had                  sufficient vision to perform the driving              shows no crashes and no convictions for
                                                  amblyopia in his right eye since                        test required to operate a commercial                 moving violations in a CMV.
                                                  childhood. The visual acuity in his right               vehicle.’’ Mr. Siebe reported that he has
                                                  eye is counting fingers, and in his left                driven straight trucks for 19 years,                  Eloy Zuniga
                                                  eye, 20/20. Following an examination in                 accumulating 285,000 miles. He holds                     Mr. Zuniga, 41, has retinal scarring in
                                                  2017, his ophthalmologist stated, ‘‘I feel              an operator’s license from Kentucky. His              his left eye due to a traumatic incident
                                                  that Mr. Rodriguez would have no                        driving record for the last three years               in 1994. The visual acuity in his right
                                                  problems performing the tasks required                  shows one crash and no convictions for                eye is 20/20, and in his left eye, 20/150.
                                                  to appropriately operate a commercial                   moving violations in a CMV.                           Following an examination in 2016, his
                                                  vehicle despite the poor vision in his                                                                        optometrist stated, ‘‘In my opinion Mr.
                                                                                                          Greg C. Stilson
                                                  right eye.’’ Mr. Rodriguez-Espinoza                                                                           Zuniga has sufficient vision to perform
                                                  reported that he has driven straight                       Mr. Stilson, 54, has had amblyopia in              the driving tasks required to operate a
                                                  trucks for eight years, accumulating                    his right eye since birth. The visual                 commercial vehicle.’’ Mr. Zuniga
                                                  80,000 miles. He holds an operator’s                    acuity in his right eye is 20/70, and in              reported that he has driven tractor-
                                                  license from California. His driving                    his left eye, 20/20. Following an                     trailer combinations for seven years,
                                                  record for the last three years shows no                examination in 2017, his optometrist                  accumulating 350,000 miles. He holds a
                                                  crashes and no convictions for moving                   stated, ‘‘He is also able to recognize                Class A CDL from Texas. His driving
                                                  violations in a CMV.                                    color and in my opinion is safe to                    record for the last three years shows no
                                                                                                          operate a commercial vehicle over                     crashes and no convictions for moving
                                                  James R. Rupert                                         interstate lines. Even though he is                   violations in a CMV.
                                                     Mr. Rupert, 54, has had a central                    amblyopic OD his peripheral awareness
                                                  retinal vein occlusion in his right eye                 is normal on his right side.’’ Mr. Stilson            III. Request for Comments
                                                  since 2012. The visual acuity in his                    reported that he has driven straight
                                                                                                                                                                  In accordance with 49 U.S.C. 31136(e)
                                                  right eye is 20/200, and in his left eye,               trucks for five years, accumulating
                                                                                                                                                                and 31315, FMCSA requests public
                                                  20/20. Following an examination in                      125,000 miles, and tractor-trailer
                                                                                                                                                                comment from all interested persons on
                                                  2017, his ophthalmologist stated, ‘‘In                  combinations for 32 years, accumulating
                                                                                                                                                                the exemption petitions described in
                                                  my medical opinion James has sufficient                 four million miles. He holds a Class AM
                                                                                                                                                                this notice. We will consider all
                                                  vision to perform the driving tasks                     CDL from Wyoming. His driving record
                                                                                                                                                                comments and material received before
                                                  required to operate a commercial                        for the last three years shows no crashes
                                                                                                                                                                the close of business on the closing date
                                                  vehicle.’’ Mr. Rupert reported that he                  and no convictions for moving
                                                                                                                                                                indicated in the dates section of the
                                                  has driven straight trucks for 37 years,                violations in a CMV.
                                                                                                                                                                notice.
                                                  accumulating 1.33 million miles, and
                                                                                                          Paul M. Wooton
                                                  tractor-trailer combinations for 35 years,                                                                    IV. Submitting Comments
                                                  accumulating 175,000 miles. He holds                       Mr. Wooton, 39, has a macular scar in
                                                                                                          his left eye due to a traumatic incident                 You may submit your comments and
                                                  an operator’s license from California.
                                                                                                          in childhood. The visual acuity in his                material online or by fax, mail, or hand
                                                  His driving record for the last three
                                                                                                          right eye is 20/20, and in his left eye,              delivery, but please use only one of
                                                  years shows no crashes and no
                                                                                                          20/200. Following an examination in                   these means. FMCSA recommends that
                                                  convictions for moving violations in a
                                                                                                          2017, his ophthalmologist stated, ‘‘In                you include your name and a mailing
                                                  CMV.
                                                                                                          my opinion, this individual has                       address, an email address, or a phone
                                                  Christopher J. Schmidt                                  sufficient vision to perform the driving              number in the body of your document
                                                     Mr. Schmidt, 31, has had amblyopia                   tasks required to operate commercial                  so that FMCSA can contact you if there
                                                  in his left eye since childhood. The                    vehicles.’’ Mr. Wooton reported that he               are questions regarding your
                                                  visual acuity in his right eye is 20/20,                has driven straight trucks for six years,             submission.
                                                  and in his left eye, counting fingers.                  accumulating 270,000 miles, and                          To submit your comment online, go to
                                                  Following an examination in 2017, his                   tractor-trailer combinations for four                 http://www.regulations.gov and in the
                                                  ophthalmologist stated, ‘‘In my medical                 years, accumulating 420,000 miles. He                 search box insert the docket number
                                                  opinion, he has sufficient vision to                    holds a Class DA CDL from Kentucky.                   FMCSA–2017–0022 and click the search
                                                  perform the driving tasks required to                   His driving record for the last three                 button. When the new screen appears,
                                                  operate a commercial vehicle.’’ Mr.                     years shows no crashes and no                         click on the blue ‘‘Comment Now!’’
                                                  Schmidt reported that he has driven                     convictions for moving violations in a                button on the right hand side of the
                                                  straight trucks for four years,                         CMV.                                                  page. On the new page, enter
                                                  accumulating 25,000 miles, and tractor-                                                                       information required including the
                                                                                                          Willie C. Young                                       specific section of this document to
                                                  trailer combinations for four years,
                                                  accumulating 25,000 miles. He holds a                     Mr. Young, 58, has fibrosis in his left             which each comment applies, and
                                                  Class ABCD CDL from Wisconsin. His                      eye due to a traumatic incident in                    provide a reason for each suggestion or
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                                                  driving record for the last three years                 childhood. The visual acuity in his right             recommendation. If you submit your
                                                  shows no crashes and no convictions for                 eye is 20/20, and in his left eye,                    comments by mail or hand delivery,
                                                  moving violations in a CMV.                             counting fingers. Following an                        submit them in an unbound format, no
                                                                                                          examination in 2017, his optometrist                  larger than 81⁄2 by 11 inches, suitable for
                                                  Brandon L. Siebe                                        stated, ‘‘It is my opinion that Mr. Willie            copying and electronic filing. If you
                                                    Mr. Siebe, 45, has complete loss of                   Young has sufficient vision to perform                submit comments by mail and would
                                                  vision in his right eye due to a traumatic              the driving tasks required to operate a               like to know that they reached the


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                                                  37508                       Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Notices

                                                  facility, please enclose a stamped, self-               Number FMCSA–2017–0138 using any                      Office of Research. Telephone (202)
                                                  addressed postcard or envelope.                         of the following methods:                             385–2364; or email martin.walker@
                                                    We will consider all comments and                        • Federal eRulemaking Portal: http://              dot.gov. Department of Transportation,
                                                  materials received during the comment                   www.regulations.gov. Follow the online                Federal Motor Carrier Safety
                                                  period. FMCSA may issue a final                         instructions for submitting comments.                 Administration, 1200 New Jersey
                                                  determination at any time after the close                  • Fax: 1–202–493–2251.                             Avenue SE., Mail Stop W63–432,
                                                  of the comment period.                                     • Mail: Docket Management Facility;                Washington, DC 20590.
                                                                                                          U.S. Department of Transportation, 1200
                                                  V. Viewing Comments and Documents                                                                             SUPPLEMENTARY INFORMATION:
                                                                                                          New Jersey Avenue SE., West Building,
                                                                                                                                                                Background: Executive Order 12862,
                                                    To view comments, as well as any                      Ground Floor, Room W12–140,
                                                                                                                                                                ‘‘Setting Customer Service Standards,’’
                                                  documents mentioned in this preamble,                   Washington, DC 20590–0001.
                                                                                                             • Hand Delivery or Courier: West                   directs Federal agencies to provide
                                                  go to http://www.regulations.gov and in                                                                       service to the public that matches or
                                                  the search box insert the docket number                 Building, Ground Floor, Room W12–
                                                                                                          140, 1200 New Jersey Avenue SE.,                      exceeds the best service available in the
                                                  FMCSA–2017–0022 and click ‘‘Search.’’                                                                         private sector (58 FR 48257, Sept. 11,
                                                  Next, click ‘‘Open Docket Folder’’ and                  Washington, DC, between 9 a.m. and 5
                                                                                                          p.m. e.t., Monday through Friday,                     1993). In order to work continuously to
                                                  you will find all documents and                                                                               ensure that our programs are effective
                                                  comments related to this notice.                        except Federal holidays.
                                                                                                             Instructions: All submissions must                 and meet our customers’ needs, FMCSA
                                                    Issued on: August 3, 2017.                            include the Agency name and docket                    seeks to extend OMB approval of a
                                                  Larry W. Minor,                                         number. For detailed instructions on                  generic clearance to collect qualitative
                                                  Associate Administrator for Policy.                     submitting comments and additional                    feedback from our customers on our
                                                  [FR Doc. 2017–16861 Filed 8–9–17; 8:45 am]              information on the exemption process,                 service delivery. The surveys covered in
                                                  BILLING CODE 4910–EX–P                                  see the ‘‘Public Participation’’ heading              this generic clearance provide a way for
                                                                                                          below. Note that all comments received                FMCSA to collect this data directly from
                                                                                                          will be posted without change to http://              our customers.
                                                  DEPARTMENT OF TRANSPORTATION                            www.regulations.gov, including any                       The proposed future information
                                                                                                          personal information provided. Please                 collection activity provides a means to
                                                  Federal Motor Carrier Safety                            see the ‘‘Privacy Act’’ heading below.                garner qualitative customer and
                                                  Administration                                             Docket: For access to the docket to                stakeholder feedback in an efficient,
                                                  [Docket No. FMCSA–2017–0138]                            read background documents or                          timely manner, in accordance with the
                                                                                                          comments received, go to http://                      Administration’s commitment to
                                                  Agency Information Collection                           www.regulations.gov, and follow the                   improving service delivery. By
                                                  Activities: Extension of an Approved                    online instructions for accessing the                 qualitative feedback we mean
                                                  Information Collection Request;                         dockets, or go to the street address listed           information that provides useful
                                                  Comment Request; Generic Clearance                      above.                                                insights on perceptions and opinions,
                                                  for the Collection of Qualitative                          Privacy Act: Anyone can search the                 but are not statistical surveys that yield
                                                  Feedback on Agency Service Delivery                     electronic form of all comments                       quantitative results that can be
                                                                                                          received into any of our dockets by the               generalized to the population of study.
                                                  AGENCY: Federal Motor Carrier Safety                    name of the individual submitting the                 This feedback will provide insights into
                                                  Administration (FMCSA), DOT.                            comment (or signing the comment, if                   customer or stakeholder perceptions,
                                                  ACTION: Notice and request for                          submitted on behalf of an association,                experiences and expectations, provide
                                                  comments.                                               business, labor union, etc.). You may                 an early warning of issues with service,
                                                                                                          review DOT’s complete Privacy Act                     or focus attention on areas where
                                                  SUMMARY:   In accordance with the
                                                                                                          Statement for the Federal Docket                      communication, training or changes in
                                                  Paperwork Reduction Act of 1995,
                                                                                                          Management System published in the                    operations might improve delivery of
                                                  FMCSA announces its plan to submit
                                                                                                          Federal Register on January 17, 2008                  products or services. The information
                                                  the Information Collection Request (ICR)
                                                                                                          (73 FR 3316), or you may visit https://               collected from our customers and
                                                  described below to the Office of
                                                                                                          www.gpo.gov/fdsys/pkg/FR-2008-01-17/                  stakeholders will help ensure that users
                                                  Management and Budget (OMB) for its
                                                                                                          pdf/E8-785.pdf.                                       have an effective, efficient and
                                                  review and approval, and invites public                    Public Participation: The Federal                  satisfying experience with FMCSA’s
                                                  comment. FMCSA requests approval to                     eRulemaking Portal is available 24                    programs.
                                                  extend an existing ICR titled, ‘‘Generic                hours each day, 365 days each year. You                  The solicitation of feedback will target
                                                  Clearance for the Collection of                         can obtain electronic submission and                  areas such as: Timeliness,
                                                  Qualitative Feedback on Agency Service                  retrieval help and guidelines under the               appropriateness, accuracy of
                                                  Delivery.’’ This ICR allows for ongoing,                ‘‘help’’ section of the Federal                       information, courtesy, efficiency of
                                                  collaborative and actionable                            eRulemaking Portal Web site. If you                   service delivery, and resolution of
                                                  communication between FMCSA and its                     want us to notify you that we received                issues with service delivery. Responses
                                                  customers and stakeholders. It also                     your comments, please include a self-                 will be assessed to plan and inform
                                                  allows feedback to contribute directly to               addressed, stamped envelope or                        efforts to improve or maintain the
                                                  the improvement of program                              postcard if you submitted your                        quality of service offered to the public.
                                                  management. The purpose of this notice                  comments by mail or hand delivery, or                 If this information is not collected, vital
                                                  is to allow 60 days for public comment                  print the acknowledgement page that                   feedback from customers and
mstockstill on DSK30JT082PROD with NOTICES




                                                  before FMCSA submits its request to                     appears after submitting comments                     stakeholders on the Agency’s services
                                                  OMB.                                                    online. Comments received after the                   will be unavailable.
                                                  DATES:  We must receive your comments                   comment closing date will be included                    The Agency will only submit a
                                                  on or before October 10, 2017.                          in the docket and will be considered to               collection for approval under this
                                                  ADDRESSES: You may submit comments                      the extent practicable.                               generic clearance if it meets the
                                                  identified by Federal Docket                            FOR FURTHER INFORMATION CONTACT: Mr.                  following conditions:
                                                  Management System (FDMS) Docket                         Martin Walker, Division Chief, FMCSA,                    • The collections are voluntary;


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Document Created: 2017-08-10 01:01:28
Document Modified: 2017-08-10 01:01:28
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 exemption; request for comments.
DatesComments must be received on or before September 11, 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 37504 

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