82 FR 43647 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 179 (September 18, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 179 (September 18, 2017)
| Page Range | 43647-43651 | |
| FR Document | 2017-19759 |
[Federal Register Volume 82, Number 179 (Monday, September 18, 2017)] [Notices] [Pages 43647-43651] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-19759] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2017-0023] Qualification of Drivers; Exemption Applications; Vision AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemption; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces receipt of applications from 25 individuals for an exemption from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) to operate a commercial motor vehicle (CMV) in interstate commerce. If granted, the exemptions will enable these individuals to operate CMVs in interstate commerce without meeting the vision requirement in one eye. DATES: Comments must be received on or before October 18, 2017. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-2017-0023 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 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 [[Page 43648]] 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 25 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 Paul A. Bartels Mr. Bartels, 73, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/20, and in his left eye, 20/ 400. Following an examination in 2017, his optometrist stated, ``In my opinion, he has sufficient vision to perform the daily tasks required to operate a commercial vehicle.'' Mr. Bartels reported that he has driven tractor-trailer combinations for 17 years, accumulating 1.8 million miles. He holds an operator's license from Wisconsin. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Harold J. Bartley, Jr. Mr. Bartley, 49, has aphakia 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, 20/400. Following an examination in 2017, his optometrist stated, ``Mr. Bartley has sufficient vision to drive a commercial vehicle.'' Mr. Bartley reported that he has driven straight trucks for 13 years, accumulating 260,000 miles, and tractor-trailer combinations for nine years, accumulating 270,000 miles. He holds a Class A CDL from Kentucky. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Charles C. Berns Mr. Berns, 54, has fibrotic scarring in his right eye due to a traumatic incident in childhood. The visual acuity in his right eye is hand motion, and in his left eye, 20/20. Following an examination in 2017, his optometrist stated, ``It is my opinion that this patient has stable, long-standing vision deficiency in the right eye only and has sufficient visual acuity and peripheral vision in the left eye to operate a commercial vehicle safely.'' Mr. Berns reported that he has driven straight trucks for 26 years, accumulating 39,000 miles, and tractor-trailer combinations for 56 years, accumulating 42,000 miles. He holds a Class A CDL from Iowa. His driving record for the last three years shows no [[Page 43649]] crashes and no convictions for moving violations in a CMV. Eric L. Boyle, Jr. Mr. Boyle, 31, has had amblyopia in his right eye since childhood. The visual acuity in his right eye is 20/80, and in his left eye, 20/ 20. Following an examination in 2017, his ophthalmologist stated, ``Based on today's exam, in my medical opinion the patient has sufficient vision to perform driving tasks required to operate a commercial vehicle.'' Mr. Boyle reported that he has driven straight trucks for six years, accumulating 273,000 miles. He holds an operator's license from Maryland. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Jeremiah E. Casey Mr. Casey, 37, has a cataract in his right eye due to a traumatic incident in childhood. The visual acuity in his right eye is 20/100, and in his left eye, 20/20. Following an examination in 2017, his optometrist stated, ``In my medical opinion, Jeremiah Casey has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Casey reported that he has driven straight trucks for two years, accumulating 10,000 miles, and tractor-trailer combinations for seven years, accumulating 525,000 miles. He holds a Class A CDL from Missouri. His driving record for the last three years shows no crashes but one conviction for speeding in a CMV; he exceeded the speed limit by ten mph. Leonard M. Cassieri Mr. Cassieri, 69, has a prosthetic right eye due to a traumatic incident in 1975. 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, ``Patient has sufficient vision for driving and operating a commercial vehicle.'' Mr. Cassieri reported that he has driven straight trucks for 50 years, accumulating 110,000 miles, and tractor-trailer combinations for 50 years, accumulating 110,000 miles. He holds a Class A CDL from California. His driving record for the last three years shows one crash, which he was not cited for, and one conviction for speeding in a CMV; he exceeded the speed limit by 22 mph. Mr. Randy J. Conrad Mr. Conrad, 63, has a prosthetic right eye due to a traumatic incident in 1972. The visual acuity in his right eye is no light perception, and in his left eye, 20/20. Following an examination in 2017, his optometrist stated, ``Based on these findings, I feel Randy J. Conrad has the visual abilities to continue operating a commercial motor vehicle in interstate commerce because the loss of his left eye occurred in 1972 and he has been driving a commercial vehicle since around 1973.'' Mr. Conrad reported that he has driven straight trucks for 40 years, accumulating two million miles, and tractor-trailer combinations for two years, accumulating 50,000 miles. He holds a Class A CDL from Iowa. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Jimmie E. Curtis Mr. Curtis, 36, has had retinal neovascularization in his left eye since 2010. 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 medical opinion, he is visually capable of driving a commercial vehicle.'' Mr. Curtis reported that he has driven straight trucks for 16 years, accumulating 402,000 miles, and tractor-trailer combinations for 16 years, accumulating 402,000 miles. He holds a Class A CDL from New Mexico. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Daniel E. Delano Mr. Delano, 60, has complete loss of vision in his right eye due to a traumatic incident in 1990. The visual acuity in his right eye is no light perception, and in his left eye, 20/20. Following an examination in 2017, his optometrist stated, ``In my medical opinion, Mr. Daniel Delano has sufficient vision to perform the driving tasks to operate a commercial vehicle.'' Mr. Delano reported that he has driven straight trucks for five years, accumulating 190,000 miles. He holds an operator's license from Virginia. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Jonathan P. Edwards Mr. Edwards, 42, 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 optometrist stated, ``In my medical opinion, Jonathan Edwards has sufficient vision to perform driving tasks for a commercial vehicle.'' Mr. Edwards reported that he has driven straight trucks for six 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. James A. Green Mr. Green, 61, 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/ 80. Following an examination in 2017, his optometrist stated, ``In my opinion, Mr. Green has sufficient vision to operate a commercial vehicle.'' Mr. Green reported that he has driven straight trucks for 35 years, accumulating 27,335 miles. He holds a Class A CDL from Illinois. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Richard Healy Mr. Healy, 52, has retinal scarring in his left eye due to an infection 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 ophthalmologist stated, ``In my medical opinion, Richard Healy has sufficient vision to perform all driving tasks required to operate a commercial vehicle.'' Mr. Healy reported that he has driven straight trucks for 14 years, accumulating 560,000 miles. He holds an operator's license from Maryland. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Tommy G. Hillis Mr. Hillis, 63, has had a chorioretinal scar in his left eye since childhood. The visual acuity in his right eye is 20/20, and in his left eye, light perception. Following an examination in 2017, his optometrist stated, ``In my medical opinion, Mr. Tommy Hillis has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Hillis reported that he has driven straight trucks for two years, accumulating 100,000 miles, and tractor-trailer combinations for 35 years, accumulating 2.5 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. Richard A. Honstad Mr. Honstad, 44, 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/ 50. Following an examination in 2017, his optometrist [[Page 43650]] stated, ``In my opinion Richard has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Honstad reported that he has driven straight trucks for 17 years, accumulating 144,000 miles. He holds an operator's license from Minnesota. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Stephen M. Lovell Mr. Lovell, 61, has had amblyopia in his right eye since childhood. The visual acuity in his right eye is count fingers, and in his left eye, 20/20. Following an examination in 2017, his ophthalmologist stated, ``He is safe to operate a commercial vehicle in my opinion, even though his vision is uniocular.'' Mr. Lovell reported that he has driven straight trucks for 38 years, accumulating 3.23 million miles. He holds a Class AM CDL from Texas. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Thomas P. Maio Mr. Maio, 30, has had amblyopia in left eye since childhood. The visual acuity in his right eye is 20/20, and in his left eye, 20/70. Following an examination in 2017, his optometrist stated, ``In my professional opinion, Mr. Maio has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Maio reported that he has driven straight trucks for eight years, accumulating 600,000 miles, and tractor-trailer combinations for eight years, accumulating 4,000 miles. He holds a Class A CDL from Maine. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Carlos Marquez Mr. Marquez, 49, has had a retinal detachment in his left eye due to a traumatic incident in 1975. The visual acuity in his right eye is 20/20, and in his left eye, hand motion. Following an examination in 2017, his ophthalmologist stated, ``Mr. Carlos Marquez has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Marquez reported that he has driven tractor-trailer combinations for ten years, accumulating one million 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. Jason L. McBride Mr. McBride, 40, has complete loss of vision of 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 optometrist stated, ``I believe he has adequate vision for operation of a commercial vehicle.'' Mr. McBride reported that he has driven tractor-trailer combinations for 16 years, accumulating 2.4 million 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. Dennis M. Olson Mr. Olson, 55, 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/ 125. Following an examination in 2017, his optometrist stated, ``In my medical opinion, Dennis Olson has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Olson reported that he has driven straight trucks for 20 years, accumulating 10,000 miles, and tractor-trailer combinations for 20 years, accumulating 8,000 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. Kameron W. Quinalty Mr. Quinalty, 27, has had macular coloboma in his left eye since birth. The visual acuity in his right eye is 20/20, and in his left eye, 20/100. Following an examination in 2017, his optometrist stated, ``Mr. Quinalty exhibits excellent visual skills . . . in my professional opinion, based on the testing performed today, Mr. Quinalty should function well enough to continue drive [sic] commercially.'' Mr. Quinalty reported that he has driven straight trucks for seven years, accumulating 17,500 miles. He holds a Class B CDL from Arkansas. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Daniel C. Sagert Mr. Sagert, 53, has complete loss of vision in his left eye due to a traumatic incident 1999. 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, ``In my medical opinion, after evaluating Mr. Sagert with a formal eye examination on 4/26/2017 and field of vision test on 4/28/2017, Mr [sic] Sagert has sufficient vision to perform the driving tasks involved with operating a commercial vehicle.'' Mr. Sagert reported that he has driven straight trucks for 17 years, accumulating 442,000 miles, and tractor-trailer combinations for 17 years, accumulating 442,000 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. Robert D. Steele Mr. Steele, 55, 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, ``In my opinion, this man has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Steele reported that he has driven tractor-trailer combinations for 37 years, accumulating 2.59 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. Richard C. Strassburg Mr. Strassburg, 62, has phthisis bulbi in his right eye due to a traumatic incident in 2013. The visual acuity in his right eye is light perception, and in his left eye, 20/25. Following an examination in 2017, his ophthalmologist stated, ``I do believe that the patient does have sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Strassburg reported that he has driven straight trucks for 45 years, accumulating 450,000 miles, tractor- trailer combinations for 44 years, accumulating 3.3 million miles, and buses for two years, accumulating 20,000 miles. He holds a Class AM CDL from New York. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Jeremy E. Studebaker Mr. Studebaker, 41, has had a prosthetic 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 optometrist stated, ``In my opinion, Jeremy appears to have sufficient vision in his left eye to perform the driving tasks required to operate a commercial vehicle.'' Mr. Studebaker reported that he has driven straight trucks for 13 years, accumulating 130,000 miles. He holds an operator's license from Indiana. His driving record for the last [[Page 43651]] three years shows no crashes and no convictions for moving violations in a CMV. Daniel D. Woodworth Mr. Woodworth, 56, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/20, and in his left eye, 20/150. Following an examination in 2017, his optometrist stated, ``In my medical opinion, I do believe that the patient has sufficient vision to perform the driving task [sic] required to operate a commercial vehicle.'' Mr. Woodworth reported that he has driven straight trucks for 35 years, accumulating 700,000 miles, and tractor- trailer combinations for 25 years, accumulating 750,000 miles. He holds an operator's license from Louisiana. 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 comments 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-2017-0023 and click the search button. When the new screen appears, click on the blue ``Comment Now!'' button on the right hand side of the page. On the new page, enter information required including the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and materials received during the comment period. FMCSA may issue a final determination at any time after the close of the comment period. V. Viewing Comments and Documents To view comments, as well as any documents mentioned in this preamble, go to http://www.regulations.gov and in the search box insert the docket number FMCSA-2017-0023 and click ``Search.'' Next, click ``Open Docket Folder'' and you will find all documents and comments related to this notice. Issued on: September 11, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-19759 Filed 9-15-17; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Notices 43647
that occurred without warning in the comments received before the close of ACTION:Notice of applications for
past 12 months and no recurrent (two or business on the closing date indicated exemption; request for comments.
more) severe hypoglycemic episodes in in the date’s section of the notice.
the last five years. His endocrinologist SUMMARY: FMCSA announces receipt of
IV. Submitting Comments applications from 25 individuals for an
certifies that Mr. Vaughan understands
diabetes management and monitoring, You may submit your comments and exemption from the vision requirement
has stable control of his diabetes using material online or by fax, mail, or hand in the Federal Motor Carrier Safety
insulin, and is able to drive a CMV delivery, but please use only one of Regulations (FMCSRs) to operate a
safely. Mr. Vaughan meets the these means. FMCSA recommends that commercial motor vehicle (CMV) in
requirements of the vision standard at you include your name and a mailing interstate commerce. If granted, the
49 CFR 391.41(b)(10). His optometrist address, an email address, or a phone exemptions will enable these
examined him in 2017 and certified that number in the body of your document individuals to operate CMVs in
he does not have diabetic retinopathy. so that FMCSA can contact you if there interstate commerce without meeting
He holds a Class A CDL from are questions regarding your the vision requirement in one eye.
Minnesota. submission. DATES: Comments must be received on
To submit your comment online, go to or before October 18, 2017.
John F. White http://www.regulations.gov and in the ADDRESSES: You may submit comments
Mr. White, 53, has had ITDM since search box insert the docket number bearing the Federal Docket Management
2012. His endocrinologist examined him FMCSA–2017–0233 and click the search System (FDMS) Docket No. FMCSA–
in 2017 and certified that he has had no button. When the new screen appears, 2017–0023 using any of the following
severe hypoglycemic reactions resulting click on the blue ‘‘Comment Now!’’ methods:
in loss of consciousness, requiring the button on the right hand side of the • Federal eRulemaking Portal: Go to
assistance of another person, or page. On the new page, enter http://www.regulations.gov. Follow the
resulting in impaired cognitive function information required including the online instructions for submitting
that occurred without warning in the specific section of this document to comments.
past 12 months and no recurrent (two or which each comment applies, and • Mail: Docket Management Facility;
more) severe hypoglycemic episodes in provide a reason for each suggestion or U.S. Department of Transportation, 1200
the last five years. His endocrinologist recommendation. If you submit your New Jersey Avenue SE., West Building
certifies that Mr. White understands comments by mail or hand delivery, Ground Floor, Room W12–140,
diabetes management and monitoring, submit them in an unbound format, no Washington, DC 20590–0001.
has stable control of his diabetes using larger than 81⁄2 by 11 inches, suitable for • Hand Delivery: West Building
insulin, and is able to drive a CMV copying and electronic filing. If you Ground Floor, Room W12–140, 1200
safely. Mr. White meets the submit comments by mail and would New Jersey Avenue SE., Washington,
requirements of the vision standard at like to know that they reached the DC, between 9 a.m. and 5 p.m., e.t.,
49 CFR 391.41(b)(10). His optometrist facility, please enclose a stamped, self- Monday through Friday, except Federal
examined him in 2017 and certified that addressed postcard or envelope. Holidays.
he does not have diabetic retinopathy. We will consider all comments and • Fax: 1–202–493–2251.
He holds a Class A CDL from New York. materials received during the comment Instructions: Each submission must
period. FMCSA may issue a final include the Agency name and the
Ronald E. Wolf determination at any time after the close docket number(s) for this notice. Note
Mr. Wolf, 73, has had ITDM since of the comment period. that all comments received will be
1986. His endocrinologist examined him posted without change to http://
V. Viewing Comments and Documents www.regulations.gov, including any
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting To view comments, as well as any personal information provided. Please
in loss of consciousness, requiring the documents mentioned in this preamble, see the Privacy Act heading below for
assistance of another person, or go to http://www.regulations.gov and in further information.
resulting in impaired cognitive function the search box insert the docket number Docket: For access to the docket to
that occurred without warning in the FMCSA–2017–0233 and click ‘‘Search.’’ read background documents or
past 12 months and no recurrent (two or Next, click ‘‘Open Docket Folder’’ and comments, go to http://
more) severe hypoglycemic episodes in you will find all documents and www.regulations.gov at any time or
the last five years. His endocrinologist comments related to this notice. Room W12–140 on the ground level of
certifies that Mr. Wolf understands Issued on: September 11, 2017. the West Building, 1200 New Jersey
diabetes management and monitoring, Larry W. Minor, Avenue SE., Washington, DC, between 9
has stable control of his diabetes using Associate Administrator for Policy.
a.m. and 5 p.m., e.t., Monday through
insulin, and is able to drive a CMV Friday, except Federal holidays. The
[FR Doc. 2017–19763 Filed 9–15–17; 8:45 am]
safely. Mr. Wolf meets the requirements FDMS is available 24 hours each day,
BILLING CODE 4910–EX–P
of the vision standard at 49 CFR 365 days each year. If you want
391.41(b)(10). His ophthalmologist acknowledgment that we received your
examined him in 2017 and certified that DEPARTMENT OF TRANSPORTATION comments, please include a self-
he has stable nonproliferative diabetic addressed, stamped envelope or
retinopathy. He holds a Class A CDL Federal Motor Carrier Safety postcard or print the acknowledgement
page that appears after submitting
sradovich on DSKBBY8HB2PROD with NOTICES
from Illinois. Administration
comments online.
III. Request for Comments [Docket No. FMCSA–2017–0023] Privacy Act: In accordance with 5
In accordance with 49 U.S.C. 31136(e) U.S.C. 553(c), DOT solicits comments
Qualification of Drivers; Exemption
and 31315, FMCSA requests public from the public to better inform its
Applications; Vision
comment from all interested persons on rulemaking process. DOT posts these
the exemption petitions described in AGENCY:Federal Motor Carrier Safety comments, without edit, including any
this notice. We will consider all Administration (FMCSA), DOT. personal information the commenter
VerDate Sep<11>2014 16:54 Sep 15, 2017 Jkt 241001 PO 00000 Frm 00134 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1](https://thefederalregister.org/doc/82_FR_43826/page/1.svg)
![43650 Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Notices
stated, ‘‘In my opinion Richard has Jason L. McBride has sufficient vision to perform the
sufficient vision to perform the driving Mr. McBride, 40, has complete loss of driving tasks involved with operating a
tasks required to operate a commercial vision of his left eye due to a traumatic commercial vehicle.’’ Mr. Sagert
vehicle.’’ Mr. Honstad reported that he incident in childhood. The visual acuity reported that he has driven straight
has driven straight trucks for 17 years, in his right eye is 20/20, and in his left trucks for 17 years, accumulating
accumulating 144,000 miles. He holds eye, no light perception. Following an 442,000 miles, and tractor-trailer
an operator’s license from Minnesota. examination in 2017, his optometrist combinations for 17 years, accumulating
His driving record for the last three stated, ‘‘I believe he has adequate vision 442,000 miles. He holds a Class ABCD
years shows no crashes and no for operation of a commercial vehicle.’’ CDL from Wisconsin. His driving record
convictions for moving violations in a Mr. McBride reported that he has driven for the last three years shows no crashes
CMV. tractor-trailer combinations for 16 years, and no convictions for moving
accumulating 2.4 million miles. He violations in a CMV.
Stephen M. Lovell
holds a Class CA CDL from Michigan. Robert D. Steele
Mr. Lovell, 61, has had amblyopia in His driving record for the last three
Mr. Steele, 55, has had amblyopia in
his right eye since childhood. The years shows no crashes and no
his left eye since childhood. The visual
visual acuity in his right eye is count convictions for moving violations in a
acuity in his right eye is 20/20, and in
fingers, and in his left eye, 20/20. CMV.
his left eye, 20/200. Following an
Following an examination in 2017, his Dennis M. Olson examination in 2017, his optometrist
ophthalmologist stated, ‘‘He is safe to stated, ‘‘In my opinion, this man has
Mr. Olson, 55, has had amblyopia in
operate a commercial vehicle in my sufficient vision to perform the driving
his left eye since childhood. The visual
opinion, even though his vision is tasks required to operate a commercial
acuity in his right eye is 20/20, and in
uniocular.’’ Mr. Lovell reported that he vehicle.’’ Mr. Steele reported that he has
his left eye, 20/125. Following an
has driven straight trucks for 38 years, examination in 2017, his optometrist driven tractor-trailer combinations for
accumulating 3.23 million miles. He stated, ‘‘In my medical opinion, Dennis 37 years, accumulating 2.59 million
holds a Class AM CDL from Texas. His Olson has sufficient vision to perform miles. He holds a Class A CDL from
driving record for the last three years the driving tasks required to operate a Washington. His driving record for the
shows no crashes and no convictions for commercial vehicle.’’ Mr. Olson last three years shows no crashes and no
moving violations in a CMV. reported that he has driven straight convictions for moving violations in a
trucks for 20 years, accumulating 10,000 CMV.
Thomas P. Maio
miles, and tractor-trailer combinations Richard C. Strassburg
Mr. Maio, 30, has had amblyopia in for 20 years, accumulating 8,000 miles.
He holds a Class ABCD CDL from Mr. Strassburg, 62, has phthisis bulbi
left eye since childhood. The visual
Wisconsin. His driving record for the in his right eye due to a traumatic
acuity in his right eye is 20/20, and in
last three years shows no crashes and no incident in 2013. The visual acuity in
his left eye, 20/70. Following an
convictions for moving violations in a his right eye is light perception, and in
examination in 2017, his optometrist
CMV. his left eye, 20/25. Following an
stated, ‘‘In my professional opinion, Mr.
examination in 2017, his
Maio has sufficient vision to perform Kameron W. Quinalty ophthalmologist stated, ‘‘I do believe
the driving tasks required to operate a
Mr. Quinalty, 27, has had macular that the patient does have sufficient
commercial vehicle.’’ Mr. Maio reported
coloboma in his left eye since birth. The vision to perform the driving tasks
that he has driven straight trucks for
visual acuity in his right eye is 20/20, required to operate a commercial
eight years, accumulating 600,000 miles,
and in his left eye, 20/100. Following an vehicle.’’ Mr. Strassburg reported that
and tractor-trailer combinations for
examination in 2017, his optometrist he has driven straight trucks for 45
eight years, accumulating 4,000 miles.
stated, ‘‘Mr. Quinalty exhibits excellent years, accumulating 450,000 miles,
He holds a Class A CDL from Maine. His
visual skills . . . in my professional tractor-trailer combinations for 44 years,
driving record for the last three years
opinion, based on the testing performed accumulating 3.3 million miles, and
shows no crashes and no convictions for
today, Mr. Quinalty should function buses for two years, accumulating
moving violations in a CMV.
well enough to continue drive [sic] 20,000 miles. He holds a Class AM CDL
Carlos Marquez commercially.’’ Mr. Quinalty reported from New York. His driving record for
that he has driven straight trucks for the last three years shows no crashes
Mr. Marquez, 49, has had a retinal seven years, accumulating 17,500 miles. and no convictions for moving
detachment in his left eye due to a He holds a Class B CDL from Arkansas. violations in a CMV.
traumatic incident in 1975. The visual His driving record for the last three
acuity in his right eye is 20/20, and in Jeremy E. Studebaker
years shows no crashes and no
his left eye, hand motion. Following an convictions for moving violations in a Mr. Studebaker, 41, has had a
examination in 2017, his CMV. prosthetic right eye since childhood.
ophthalmologist stated, ‘‘Mr. Carlos The visual acuity in his right eye is no
Marquez has sufficient vision to perform Daniel C. Sagert light perception, and in his left eye, 20/
the driving tasks required to operate a Mr. Sagert, 53, has complete loss of 20. Following an examination in 2017,
commercial vehicle.’’ Mr. Marquez vision in his left eye due to a traumatic his optometrist stated, ‘‘In my opinion,
reported that he has driven tractor- incident 1999. The visual acuity in his Jeremy appears to have sufficient vision
sradovich on DSKBBY8HB2PROD with NOTICES
trailer combinations for ten years, right eye is 20/20, and in his left eye, in his left eye to perform the driving
accumulating one million miles. He no light perception. Following an tasks required to operate a commercial
holds a Class ABCD CDL from examination in 2017, his optometrist vehicle.’’ Mr. Studebaker reported that
Wisconsin. His driving record for the stated, ‘‘In my medical opinion, after he has driven straight trucks for 13
last three years shows no crashes and no evaluating Mr. Sagert with a formal eye years, accumulating 130,000 miles. He
convictions for moving violations in a examination on 4/26/2017 and field of holds an operator’s license from
CMV. vision test on 4/28/2017, Mr [sic] Sagert Indiana. His driving record for the last
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![Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Notices 43651
three years shows no crashes and no We will consider all comments and SUPPLEMENTARY INFORMATION:
convictions for moving violations in a materials received during the comment
I. Electronic Access
CMV. period. FMCSA may issue a final
determination at any time after the close You may see all the comments online
Daniel D. Woodworth through the Federal Document
of the comment period.
Mr. Woodworth, 56, has had Management System (FDMS) at: http://
V. Viewing Comments and Documents www.regulations.gov.
amblyopia in his left eye since
childhood. The visual acuity in his right To view comments, as well as any Docket: For access to the docket to
eye is 20/20, and in his left eye, 20/150. documents mentioned in this preamble, read background documents or
Following an examination in 2017, his go to http://www.regulations.gov and in comments, go to http://
optometrist stated, ‘‘In my medical the search box insert the docket number www.regulations.gov and/or Room
opinion, I do believe that the patient has FMCSA–2017–0023 and click ‘‘Search.’’ W12–140 on the ground level of the
sufficient vision to perform the driving Next, click ‘‘Open Docket Folder’’ and West Building, 1200 New Jersey Avenue
task [sic] required to operate a you will find all documents and SE., Washington, DC, between 9 a.m.
commercial vehicle.’’ Mr. Woodworth comments related to this notice. and 5 p.m., e.t., Monday through Friday,
reported that he has driven straight except Federal holidays.
Issued on: September 11, 2017. Privacy Act: In accordance with 5
trucks for 35 years, accumulating Larry W. Minor, U.S.C. 553(c), DOT solicits comments
700,000 miles, and tractor-trailer Associate Administrator for Policy. from the public to better inform its
combinations for 25 years, accumulating [FR Doc. 2017–19759 Filed 9–15–17; 8:45 am] rulemaking process. DOT posts these
750,000 miles. He holds an operator’s
BILLING CODE 4910–EX–P comments, without edit, including any
license from Louisiana. His driving
personal information the commenter
record for the last three years shows no
provides, to http://www.regulations.gov,
crashes and no convictions for moving DEPARTMENT OF TRANSPORTATION as described in the system of records
violations in a CMV.
notice (DOT/ALL–14 FDMS), which can
III. Request for Comments Federal Motor Carrier Safety be reviewed at http://www.dot.gov/
Administration privacy.
In accordance with 49 U.S.C. 31136(e)
[FMCSA Docket No. FMCSA–2017–0178] II. Background
and 31315, FMCSA requests public
comments from all interested persons Qualification of Drivers; Exemption On June 29, 2017, FMCSA published
on the exemption petitions described in Applications; Epilepsy and Seizure a notice announcing receipt of
this notice. We will consider all Disorders applications from seven individuals
comments and material received before requesting an exemption from the
the close of business on the closing date AGENCY: Federal Motor Carrier Safety epilepsy prohibition in 49 CFR
indicated in the dates section of the Administration (FMCSA), DOT. 391.41(b)(8) and requested comments
notice. ACTION: Notice of final disposition. from the public (82 FR 29624). The
IV. Submitting Comments public comment period ended on July
SUMMARY: FMCSA announces its 31, 2017, and no were received.
You may submit your comments and decision to exempt seven individuals FMCSA has evaluated the eligibility
material online or by fax, mail, or hand from the requirement in the Federal of these applicants and determined that
delivery, but please use only one of Motor Carrier Safety Regulations granting exemptions to these
these means. FMCSA recommends that (FMCSRs) that interstate commercial individuals would achieve a level of
you include your name and a mailing motor vehicle (CMV) drivers have ‘‘no safety equivalent to or greater than the
address, an email address, or a phone established medical history or clinical level that would be achieved by
number in the body of your document diagnosis of epilepsy or any other complying with the current regulation
so that FMCSA can contact you if there condition which is likely to cause loss 49 CFR 391.41(b)(8).
are questions regarding your of consciousness or any loss of ability to The physical qualification standard
submission. control a CMV.’’ The exemptions enable for drivers regarding epilepsy found in
To submit your comment online, go to these individuals who have had one or 49 CFR 391.41(b)(8) states that a person
http://www.regulations.gov and in the more seizures and are taking anti- is physically qualified to drive a CMV
search box insert the docket number seizure medication to operate CMVs in if that person:
FMCSA–2017–0023 and click the search interstate commerce.
Has no established medical history or
button. When the new screen appears, DATES: The exemptions were applicable clinical diagnosis of epilepsy or any other
click on the blue ‘‘Comment Now!’’ on August 1, 2017. The exemptions condition which is likely to cause the loss of
button on the right hand side of the expire on August 1, 2019. consciousness or any loss of ability to control
page. On the new page, enter FOR FURTHER INFORMATION CONTACT: Ms. a CMV.
information required including the Christine A. Hydock, Chief, Medical In addition to the regulations, FMCSA
specific section of this document to Programs Division, (202) 366–4001, has published advisory criteria 1 to
which each comment applies, and fmcsamedical@dot.gov, FMCSA, assist medical examiners in determining
provide a reason for each suggestion or Department of Transportation, 1200 whether drivers with certain medical
recommendation. If you submit your New Jersey Avenue SE., Room W64– conditions are qualified to operate a
comments by mail or hand delivery, 224, Washington, DC 20590–0001. CMV in interstate commerce. [49 CFR
sradovich on DSKBBY8HB2PROD with NOTICES
submit them in an unbound format, no Office hours are from 8:30 a.m. to 5 part 391, APPENDIX A TO PART 391—
larger than 81⁄2 by 11 inches, suitable for p.m., e.t., Monday through Friday,
copying and electronic filing. If you except Federal holidays. If you have 1 See http://www.ecfr.gov/cgi-bin/text-idx?SID=
submit comments by mail and would questions regarding viewing or e47b48a9ea42dd67d999246e23d97970&mc=
true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a
like to know that they reached the submitting material to the docket, and https://www.gpo.gov/fdsys/pkg/CFR-2015-
facility, please enclose a stamped, self- contact Docket Services, telephone (202) title49-vol5/pdf/CFR-2015-title49-vol5-part391-
addressed postcard or envelope. 366–9826. appA.pdf.
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Document Created: 2017-09-16 00:52:36
Document Modified: 2017-09-16 00:52:36
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of applications for exemption; request for comments. | |
| Dates | Comments must be received on or before October 18, 2017. | |
| 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. | |
| FR Citation | 82 FR 43647 |
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