83 FR 15214 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 68 (April 9, 2018)

Page Range		15214-15216
FR Document		2018-07186
FMCSA announces receipt of applications from 13 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 83 Issue 68 (Monday, April 9, 2018)
[Federal Register Volume 83, Number 68 (Monday, April 9, 2018)]
[Notices]
[Pages 15214-15216]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07186]



[[Page 15214]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0007]


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 13 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 May 9, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2018-0007 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 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 five-year period if it finds ``such exemption 
would likely achieve a level of safety that is equivalent to or greater 
than the level that would be achieved absent such exemption.'' The 
statute also allows the Agency to renew exemptions at the end of the 
five-year period. FMCSA grants exemptions from the FMCSRs for a two-
year period to align with the maximum duration of a driver's medical 
certification.
    The 13 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

[[Page 15215]]

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

Ahmed Abukhatwa

    Mr. Abukhatwa, 25, 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 ophthalmologist stated, ``It is my medical opinion that Mr. 
Abukhatwa has sufficient vision to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Abukhatwa reported that he has 
driven tractor-trailer combinations for three years, accumulating 
240,000 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.

James A. Barlow

    Mr. Barlow, 61, 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, 20/20. Following an 
examination in 2017, his optometrist stated, ``In my opinion, James has 
sufficient vision to operate a commercial vehicle with eyeglasses 
correction.'' Mr. Barlow reported that he has driven straight trucks 
for 30 years, accumulating 2.4 million miles, tractor-trailer 
combinations for five years, accumulating 125,000 miles. He holds a 
Class A CDL from Ohio. His driving record for the last three years 
shows no crashes and no convictions for moving violations in a CMV.

Thomas R. Danser

    Mr. Danser, 56, has optic nerve damage in his right eye due to a 
traumatic incident in 2012. The visual acuity in his right eye is 20/
320, and in his left eye, 20/20. Following an examination in 2017, his 
optometrist stated, ``The tests indicate that Thomas is able to perform 
the task [sic] necessary to operate a commercial vehicle.'' Mr. Danser 
reported that he has driven straight trucks for one year, accumulating 
25,000 miles, and tractor-trailer combinations for six years, 
accumulating 420,000 miles. He holds a Class A CDL from Pennsylvania. 
His driving record for the last three years shows no crashes and one 
conviction for a moving violation in a CMV; failure to obey a traffic 
signal.

Jerome DeFabo, Jr.

    Mr. DeFabo, 47, has had central retinal artery occlusion in his 
left eye since 2016. The visual acuity in his right eye is 20/20, and 
in his left eye, 20/100. Following an examination in 2018, his 
optometrist stated, ``In my professional medical opinion Jerome has 
more than sufficient vision to perform the driving tasks to operate a 
commercial vehicle.'' Mr. DeFabo reported that he has driven straight 
trucks for 20 years, accumulating 50,000 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.

Jorge Gonzalez

    Mr. Gonzalez, 50, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/400, and in his 
left eye, 20/20. Following an examination in 2017, his ophthalmologist 
stated, ``He has sufficient vision to operate any commercial vehicle; 
he is fully capable of recognizing all the colors of traffic control 
signals.'' Mr. Gonzalez reported that he has driven tractor-trailer 
combinations for 20 years, accumulating 1.4 million miles. He holds a 
Class A CDL from Florida. His driving record for the last three years 
shows no crashes and no convictions for moving violations in a CMV.

Jimmy D. Johnson

    Mr. Johnson, 64, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/200, and in his 
left eye, 20/25. Following an examination in 2017, his optometrist 
stated, ``Based on the above, Mr. Johnson has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Johnson reported that he has driven tractor-trailer combinations 
for 22 years, accumulating 2.86 million miles. He holds an operator's 
license from Mississippi. His driving record for the last three years 
shows no crashes and no convictions for moving violations in a CMV.

Michael S. Mai

    Mr. Mai, 47, has complete loss of vision in his left eye due to a 
traumatic incident in 2011. The visual acuity in his right eye is 20/
15, and in his left eye, no light perception. Following an examination 
in 2017, his optometrist stated, ``In my medical opinion, Michael has 
sufficient vision, with a best corrected acuity of 20/15 and sufficient 
field of vision with 135[deg], to perform the driving tasks required to 
operate a commercial vehicle; however, ultimately this decision has to 
be made by the CDL examiner based on the above information provided.'' 
Mr. Mai reported that he has driven straight trucks for 23 years, 
accumulating 851,000 miles, tractor-trailer combinations for 23 years, 
accumulating 460,000 miles, and buses for 15 years, accumulating 30,000 
miles. He holds a Class A CDL from Kansas. His driving record for the 
last three years shows no crashes and no convictions for moving 
violations in a CMV.

Jose M. Rios

    Mr. Rios, 50, 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, ``Mr. Rios vision is 
sufficient enough for him to be able to operate a commercial vehicle.'' 
Mr. Rios reported that he has driven straight trucks for four years, 
accumulating 26,000 miles. He holds an operator's license from New 
York. His driving record for the last three years shows no crashes and 
no convictions for moving violations in a CMV.

Michael B. Sauseda

    Mr. Sauseda, 46, has had a central vein occlusion in his right eye 
since 2008. The visual acuity in his right eye is 20/125, and in his 
left eye, 20/20. Following an examination in 2018, his ophthalmologist 
stated, ``In my opinion, this patient does have sufficient vision to 
perform driving tasks required to operate a commercial vehicle.'' Mr. 
Sauseda reported that he has driven straight trucks for two years, 
accumulating 30,000 miles, and tractor-trailer combinations for 15 
years, accumulating 720,000 miles. He holds a

[[Page 15216]]

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.

Steven D. Schlichting

    Mr. Schlichting, 54, has had a retinal scar in his right eye since 
birth. 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, 
``Mr. Schlichting has the necessary vision to drive a commercial 
vehicle.'' Mr. Schlichting reported that he has driven straight trucks 
for 16 years, accumulating 80,000 miles. He holds an operator's license 
from Nebraska. His driving record for the last three years shows no 
crashes and no convictions for moving violations in a CMV.

Jesse P. Schuster

    Mr. Schuster, 41, has a scleral laceration in his left eye due to a 
traumatic incident in 2013. 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, ``He has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Schuster 
reported that he has driven straight trucks for 21 years, accumulating 
84,000 miles. He holds a Class B CDL from North Dakota. His driving 
record for the last three years shows no crashes and no convictions for 
moving violations in a CMV.

Joseph L. Smith

    Mr. Smith, 48, 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 optometrist stated, 
``In my opinion, Mr. Joseph Smith still maintains sufficient vision to 
operate a commercial motor vehicle.'' Mr. Smith reported that he has 
driven straight trucks for five years, accumulating 7,500 miles, and 
tractor-trailer combinations for 24 years, accumulating 2.88 million 
miles. He holds a Class A CDL from West Virginia. His driving record 
for the last three years shows no crashes and no convictions for moving 
violations in a CMV.

Larry L. Stewart

    Mr. Stewart, 51, 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 optometrist stated, 
``I believe based on the field and visual acuity, Mr. Stewart has 
vision sufficient to operate a commercial vehicle.'' Mr. Stewart 
reported that he has driven tractor-trailer combinations for three 
years, accumulating 210,000 miles. He holds a Class A CDL from North 
Carolina. His driving record for the last three years shows no crashes 
and no convictions for moving violations in a CMV.

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-2018-0007 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-2018-0007 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: April 2, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-07186 Filed 4-6-18; 8:45 am]
BILLING CODE 4910-EX-P
15214 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

DEPARTMENT OF TRANSPORTATION acknowledgment that we received your Meridian in each eye, and the ability to
comments, please include a self- recognize the colors of traffic signals
Federal Motor Carrier Safety addressed, stamped envelope or and devices showing standard red,
Administration postcard or print the acknowledgement green, and amber.
page that appears after submitting In July 1992, the Agency first
[Docket No. FMCSA–2018–0007]
comments online. published the criteria for the Vision
Qualification of Drivers; Exemption Privacy Act: In accordance with 5 Waiver Program, which listed the
Applications; Vision U.S.C. 553(c), DOT solicits comments conditions and reporting standards that
from the public to better inform its CMV drivers approved for participation
AGENCY: Federal Motor Carrier Safety rulemaking process. DOT posts these would need to meet (Qualification of
Administration (FMCSA), DOT. comments, without edit, including any Drivers; Vision Waivers, 57 FR 31458,
ACTION: Notice of applications for personal information the commenter July 16, 1992). The current Vision
exemption; request for comments. provides, to http://www.regulations.gov, Exemption Program was established in
as described in the system of records 1998, following the enactment of
SUMMARY: FMCSA announces receipt of notice (DOT/ALL–14 FDMS), which can amendments to the statutes governing
applications from 13 individuals for an be reviewed at http://www.dot.gov/ exemptions made by § 4007 of the
exemption from the vision requirement privacy. Transportation Equity Act for the 21st
in the Federal Motor Carrier Safety Century (TEA–21), Public Law 105–178,
FOR FURTHER INFORMATION CONTACT: Ms. 112 Stat. 107, 401 (June 9, 1998). Vision
Regulations (FMCSRs) to operate a
Christine A. Hydock, Chief, Medical exemptions are considered under the
commercial motor vehicle (CMV) in
Programs Division, (202) 366–4001, procedures established in 49 CFR part
interstate commerce. If granted, the
fmcsamedical@dot.gov, FMCSA, 381 subpart C, on a case-by-case basis
exemptions will enable these
Department of Transportation, 1200 upon application by CMV drivers who
individuals to operate CMVs in
New Jersey Avenue SE, Room W64–224, do not meet the vision standards of 49
interstate commerce without meeting
Washington, DC 20590–0001. Office CFR 391.41(b)(10).
the vision requirement in one eye.
hours are 8:30 a.m. to 5 p.m., e.t., To qualify for an exemption from the
DATES: Comments must be received on Monday through Friday, except Federal
or before May 9, 2018. vision requirement, FMCSA requires a
holidays. If you have questions person to present verifiable evidence
ADDRESSES: You may submit comments regarding viewing or submitting that he/she has driven a commercial
bearing the Federal Docket Management material to the docket, contact Docket vehicle safely with the vision deficiency
System (FDMS) Docket No. FMCSA– Services, telephone (202) 366–9826. for the past three years. Recent driving
2018–0007 using any of the following SUPPLEMENTARY INFORMATION: performance is especially important in
methods: evaluating future safety, according to
• Federal eRulemaking Portal: Go to I. Background
several research studies designed to
http://www.regulations.gov. Follow the Under 49 U.S.C. 31136(e) and 31315, correlate past and future driving
online instructions for submitting FMCSA may grant an exemption from performance. Results of these studies
comments. the FMCSRs for a five-year period if it support the principle that the best
• Mail: Docket Management Facility; finds ‘‘such exemption would likely predictor of future performance by a
U.S. Department of Transportation, 1200 achieve a level of safety that is driver is his/her past record of crashes
New Jersey Avenue SE, West Building equivalent to or greater than the level and traffic violations. Copies of the
Ground Floor, Room W12–140, that would be achieved absent such studies may be found at Docket Number
Washington, DC 20590–0001. exemption.’’ The statute also allows the FMCSA–1998–3637.
• Hand Delivery: West Building Agency to renew exemptions at the end FMCSA believes it can properly apply
Ground Floor, Room W12–140, 1200 of the five-year period. FMCSA grants the principle to monocular drivers,
New Jersey Avenue SE, Washington, exemptions from the FMCSRs for a two- because data from the Federal Highway
DC, between 9 a.m. and 5 p.m., e.t., year period to align with the maximum Administration’s (FHWA) former waiver
Monday through Friday, except Federal duration of a driver’s medical study program clearly demonstrated the
Holidays. certification. driving performance of experienced
• Fax: 1–202–493–2251. The 13 individuals listed in this monocular drivers in the program is
Instructions: Each submission must notice have requested an exemption better than that of all CMV drivers
include the Agency name and the from the vision requirement in 49 CFR collectively (See 61 FR 13338, 13345,
docket number(s) for this notice. Note 391.41(b)(10). Accordingly, the Agency March 26, 1996). The fact that
that all comments received will be will evaluate the qualifications of each experienced monocular drivers
posted without change to http:// applicant to determine whether granting demonstrated safe driving records in the
www.regulations.gov, including any an exemption will achieve the required waiver program supports a conclusion
personal information provided. Please level of safety mandated by statute. that other monocular drivers, meeting
see the Privacy Act heading below for The physical qualification standard the same qualifying conditions as those
further information. for drivers regarding vision found in 49 required by the waiver program, are also
Docket: For access to the docket to CFR 391.41(b)(10) states that a person is likely to have adapted to their vision
read background documents or physically qualified to drive a CMV if deficiency and will continue to operate
comments, go to http:// that person has distant visual acuity of safely.
www.regulations.gov at any time or at least 20/40 (Snellen) in each eye The first major research correlating
sradovich on DSK3GMQ082PROD with NOTICES

Room W12–140 on the ground level of without corrective lenses or visual past and future performance was done
the West Building, 1200 New Jersey acuity separately corrected to 20/40 in England by Greenwood and Yule in
Avenue SE, Washington, DC, between 9 (Snellen) or better with corrective 1920. Subsequent studies, building on
a.m. and 5 p.m., e.t., Monday through lenses, distant binocular acuity of at that model, concluded that crash rates
Friday, except Federal holidays. The least 20/40 (Snellen) in both eyes with for the same individual exposed to
FDMS is available 24 hours each day, or without corrective lenses, field of certain risks for two different time
365 days each year. If you want vision of at least 70° in the horizontal periods vary only slightly (See Bates

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1
Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15215

and Neyman, University of California Thomas R. Danser reported that he has driven tractor-
Publications in Statistics, April 1952). Mr. Danser, 56, has optic nerve trailer combinations for 22 years,
Other studies demonstrated theories of damage in his right eye due to a accumulating 2.86 million miles. He
predicting crash proneness from crash traumatic incident in 2012. The visual holds an operator’s license from
history coupled with other factors. acuity in his right eye is 20/320, and in Mississippi. His driving record for the
These factors—such as age, sex, his left eye, 20/20. Following an last three years shows no crashes and no
geographic location, mileage driven and examination in 2017, his optometrist convictions for moving violations in a
conviction history—are used every day stated, ‘‘The tests indicate that Thomas CMV.
by insurance companies and motor is able to perform the task [sic] Michael S. Mai
vehicle bureaus to predict the necessary to operate a commercial
probability of an individual Mr. Mai, 47, has complete loss of
vehicle.’’ Mr. Danser reported that he
experiencing future crashes (See Weber, vision in his left eye due to a traumatic
has driven straight trucks for one year,
Donald C., ‘‘Accident Rate Potential: An incident in 2011. The visual acuity in
accumulating 25,000 miles, and tractor-
Application of Multiple Regression his right eye is 20/15, and in his left eye,
trailer combinations for six years,
Analysis of a Poisson Process,’’ Journal no light perception. Following an
accumulating 420,000 miles. He holds a
of American Statistical Association, examination in 2017, his optometrist
Class A CDL from Pennsylvania. His
June 1971). A 1964 California Driver stated, ‘‘In my medical opinion, Michael
driving record for the last three years
Record Study prepared by the California has sufficient vision, with a best
shows no crashes and one conviction for
Department of Motor Vehicles corrected acuity of 20/15 and sufficient
a moving violation in a CMV; failure to
concluded that the best overall crash field of vision with 135°, to perform the
obey a traffic signal.
predictor for both concurrent and driving tasks required to operate a
nonconcurrent events is the number of Jerome DeFabo, Jr. commercial vehicle; however,
single convictions. This study used Mr. DeFabo, 47, has had central ultimately this decision has to be made
three consecutive years of data, retinal artery occlusion in his left eye by the CDL examiner based on the above
comparing the experiences of drivers in since 2016. The visual acuity in his information provided.’’ Mr. Mai
the first two years with their right eye is 20/20, and in his left eye, reported that he has driven straight
experiences in the final year. 20/100. Following an examination in trucks for 23 years, accumulating
2018, his optometrist stated, ‘‘In my 851,000 miles, tractor-trailer
II. Qualifications of Applicants professional medical opinion Jerome combinations for 23 years, accumulating
Ahmed Abukhatwa has more than sufficient vision to 460,000 miles, and buses for 15 years,
perform the driving tasks to operate a accumulating 30,000 miles. He holds a
Mr. Abukhatwa, 25, has a prosthetic Class A CDL from Kansas. His driving
commercial vehicle.’’ Mr. DeFabo
left eye due to a traumatic incident in record for the last three years shows no
reported that he has driven straight
childhood. The visual acuity in his right crashes and no convictions for moving
trucks for 20 years, accumulating 50,000
eye is 20/20, and in his left eye, no light violations in a CMV.
miles. He holds a Class B CDL from
perception. Following an examination
Pennsylvania. His driving record for the Jose M. Rios
in 2017, his ophthalmologist stated, ‘‘It last three years shows no crashes and no
is my medical opinion that Mr. convictions for moving violations in a Mr. Rios, 50, has complete loss of
Abukhatwa has sufficient vision to CMV. vision in his left eye due to a traumatic
perform the driving tasks required to incident in childhood. The visual acuity
operate a commercial vehicle.’’ Mr. Jorge Gonzalez in his right eye is 20/20, and in his left
Abukhatwa reported that he has driven Mr. Gonzalez, 50, has had amblyopia eye, no light perception. Following an
tractor-trailer combinations for three in his right eye since childhood. The examination in 2017, his
years, accumulating 240,000 miles. He visual acuity in his right eye is 20/400, ophthalmologist stated, ‘‘Mr. Rios vision
holds a Class CA CDL from Michigan. and in his left eye, 20/20. Following an is sufficient enough for him to be able
His driving record for the last three examination in 2017, his to operate a commercial vehicle.’’ Mr.
years shows no crashes and no ophthalmologist stated, ‘‘He has Rios reported that he has driven straight
convictions for moving violations in a sufficient vision to operate any trucks for four years, accumulating
CMV. commercial vehicle; he is fully capable 26,000 miles. He holds an operator’s
of recognizing all the colors of traffic license from New York. His driving
James A. Barlow
control signals.’’ Mr. Gonzalez reported record for the last three years shows no
Mr. Barlow, 61, has complete loss of that he has driven tractor-trailer crashes and no convictions for moving
vision in his right eye due to a traumatic combinations for 20 years, accumulating violations in a CMV.
incident in childhood. The visual acuity 1.4 million miles. He holds a Class A
in his right eye is no light perception, Michael B. Sauseda
CDL from Florida. His driving record for
and in his left eye, 20/20. Following an the last three years shows no crashes Mr. Sauseda, 46, has had a central
examination in 2017, his optometrist and no convictions for moving vein occlusion in his right eye since
stated, ‘‘In my opinion, James has violations in a CMV. 2008. The visual acuity in his right eye
sufficient vision to operate a is 20/125, and in his left eye, 20/20.
commercial vehicle with eyeglasses Jimmy D. Johnson Following an examination in 2018, his
correction.’’ Mr. Barlow reported that he Mr. Johnson, 64, has had amblyopia ophthalmologist stated, ‘‘In my opinion,
has driven straight trucks for 30 years, in his right eye since childhood. The this patient does have sufficient vision
sradovich on DSK3GMQ082PROD with NOTICES

accumulating 2.4 million miles, tractor- visual acuity in his right eye is 20/200, to perform driving tasks required to
trailer combinations for five years, and in his left eye, 20/25. Following an operate a commercial vehicle.’’ Mr.
accumulating 125,000 miles. He holds a examination in 2017, his optometrist Sauseda reported that he has driven
Class A CDL from Ohio. His driving stated, ‘‘Based on the above, Mr. straight trucks for two years,
record for the last three years shows no Johnson has sufficient vision to perform accumulating 30,000 miles, and tractor-
crashes and no convictions for moving the driving tasks required to operate a trailer combinations for 15 years,
violations in a CMV. commercial vehicle.’’ Mr. Johnson accumulating 720,000 miles. He holds a

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Document Created: 2018-04-07 02:39:12
Document Modified: 2018-04-07 02:39:12
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 May 9, 2018.
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		83 FR 15214
83 FR 15214 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 68 (April 9, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
