83 FR 15216 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 68 (April 9, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 68 (April 9, 2018)
| Page Range | 15216-15219 | |
| FR Document | 2018-07187 |
[Federal Register Volume 83, Number 68 (Monday, April 9, 2018)] [Notices] [Pages 15216-15219] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-07187] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2018-0008] 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 17 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-2018-0008 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 [[Page 15217]] 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 17 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 Leobardo Antunez Mr. Antunez, 66, has had a macular cyst in his left eye since 2000. The visual acuity in his right eye is 20/20, and in his left eye, 20/ 400. Following an examination in 2018, his optometrist stated, ``In my professional/medical opinion, Leobardo has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Antunez reported that he has driven tractor-trailer combinations for 17 years, accumulating 1 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. Jason P. Dostal Mr. Dostal, 49, 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, ``Has sufficient vision to operate a commercial vehicle.'' Mr. Dostal reported that he has driven straight trucks for seven years, accumulating 182,000 miles. He holds a Class A CDL from Indiana. His driving record for the last three years shows no crashes and no [[Page 15218]] convictions for moving violations in a CMV. John C. Duncan Mr. Duncan, 68, has had amblyopia in his left eye since birth. The visual acuity in his right eye is 20/20, and in his left eye, 20/200. Following an examination in 2017, his ophthalmologist stated, ``In my medical opinion, Mr. John Duncan has the sufficient vision to perform the driving tasks required to operate a commercial vehicle land or water.'' Mr. Duncan reported that he has driven straight trucks for 43 years, accumulating 64,500 miles, tractor-trailer combinations for five years, accumulating 15,000 miles, and buses for 24 years, accumulating 48,000 miles. He holds a Class BM CDL from New York. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Kenneth M. Emerson Mr. Emerson, 66, has had amblyopia in his left eye since birth. The visual acuity in his right eye is 20/20, and in his left eye, 20/50. Following an examination in 2017, his optometrist stated, ``Kenneth has adequate vision to drive a commercial vehicle.'' Mr. Emerson reported that he has driven straight trucks for seven years, accumulating 700,000 miles. He holds an operator's license from Idaho. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Michael C. Farley Mr. Farley, 62, has had amblyopia in his right eye since birth. The visual acuity in his right eye is 20/160, and in his left eye, 20/20. Following an examination in 2017, his optometrist stated, ``In my medical opinion he has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Farley reported that he has driven tractor-trailer combinations for seven years, accumulating 700,000 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. Steven W. Kyman Mr. Kyman, 58, has had amblyopia in his right eye since childhood. The visual acuity in his right eye is 20/60, and in his left eye, 20/ 20. Following an examination in 2017, his optometrist stated, ``Nothing in our vision testing indicates Mr. Kyman should not continue to possess a CDL and drive a commercial vehicle.'' Mr. Kyman reported that he has driven tractor-trailer combinations for 14 years, accumulating 1.68 million miles. He holds a Class A CDL from Oregon. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Jeffrey T. Landry Mr. Landry, 53, has had optic neuropathy in his left eye since 2015. 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, ``He has sufficient vision in his right eye to operate a commercial vehicle, and has been successfully over the last [two] years per his report.'' Mr. Landry reported that he has driven straight trucks for four years, accumulating 48,000 miles, and tractor-trailer combinations for 32 years, accumulating 3.8 million miles. He holds a Class A CDL from North Carolina. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. David A. Margetson Mr. Margetson, 39, 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, there is no concern for him to operate a commercial vehicle due to his vision'' Mr. Margetson reported that he has driven straight trucks for 11 years, accumulating 215,644 miles. He holds an operator's license from Michigan. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Trent C. McCain Mr. McCain, 41, has had retinopathy 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, ``In my medical opinion, Trent McCain has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. McCain reported that he has driven straight trucks for 28 years, accumulating 28,000 miles, and tractor-trailer combinations for 17 years, accumulating 1.44 million 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. David M. McCarty Mr. McCarty, 51, has a corneal scar in his left eye due to a traumatic incident in 1986. 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, ``My medical opinion is that David has sufficient vision to operate commercial vehicles.'' Mr. McCarty reported that he has driven straight trucks for 28 years, accumulating 420,000 miles, and tractor-trailer combinations for 28 years, accumulating 420,000 miles. He holds a Class A CDL from Oregon. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Jeffrey W. Pike, Jr. Mr. Pike, 41, has a cataract in his right eye due to a traumatic incident in childhood. The visual acuity in his right eye is light perception, and in his left eye, 20/20. Following an examination in 2018, his optometrist stated, ``In my opinion he has sufficient vision to perform driving tasks required to operate a commercial vehicle and has done so successfully for many years.'' Mr. Pike reported that he has driven straight trucks for 25 years, accumulating 250,000 miles, and tractor-trailer combinations for 23 years, accumulating 1.8 million miles. He holds a Class A CDL from Minnesota. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Jess C. Sanchez Mr. Sanchez, 44, has had retinal ischemia in his left eye due to lupus since 2007. The visual acuity in his right eye is 20/15, and in his left eye, no light perception. Following an examination in 2017, his ophthalmologist stated, ``From a visual perspective, he has adequate vision to perform driving test required to operate a commercial vehicle.'' Mr. Sanchez reported that he has driven tractor- trailer combinations for 29 years, accumulating 1.7 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. Ermanno M. Santucci Mr. Santucci, 39, 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 optometrist stated, ``Patient has sufficient vision to perform driving tasks and drive a commercial vehicle.'' Mr. Santucci reported that he has driven straight trucks for five years, accumulating 135,150 miles. He holds a Class B CDL [[Page 15219]] from Illinois. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. John R.A.Taylor Mr. Taylor, 67, 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, ``I certify that in my professional opinion, John R. A. Taylor has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Taylor reported that he has driven straight trucks for 20 years, accumulating 300,000 miles. He holds a Class B CDL from Virginia. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Justin L. Tidyman Mr. Tidyman, 35, 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 2018, his optometrist stated, ``I feel that My. [sic] Tidyman has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Tidyman reported that he has driven straight trucks for 20 years, accumulating 1.4 million miles, and tractor-trailer combinations for seven years, accumulating 140,000 miles. He holds a Class A CDL from Arkansas. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Raul Torres Malaga Mr. Torres Malaga, 60, has had amblyopia in his right eye since birth. The visual acuity in his right eye is 20/60, and in his left eye, 20/20. Following an examination in 2017, his optometrist stated, ``Upon completing the eye exam, I find Mr. Torres visually capable to operate a motor vehicle of any kind, including commercial vehicles.'' Mr. Torres Malaga reported that he has driven straight trucks for one year, accumulating 9,100 miles, and tractor-trailer combinations for three years, accumulating 60,900 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. Timothy L. Tucker Mr. Tucker, 46, has had amblyopia in his left eye since birth. The visual acuity in his right eye is 20/20, and in his left eye, 20/400. Following an examination in 2017, his optometrist stated, ``Patient, Tim Tucker, should be allowed to operate a commercial vehicle with no restrictions with respect to his visual status.'' Mr. Tucker reported that he has driven straight trucks for 15 years, accumulating 465,000 miles. He holds an operator's license from Kentucky. 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-2018-0008 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-2018-0008 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. 2018-07187 Filed 4-6-18; 8:45 am] BILLING CODE 4910-EX-P
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Class A CDL from Illinois. His driving vehicle.’’ Mr. Stewart reported that he Issued on: April 2, 2018.
record for the last three years shows no has driven tractor-trailer combinations Larry W. Minor,
crashes and no convictions for moving for three years, accumulating 210,000 Associate Administrator for Policy.
violations in a CMV. miles. He holds a Class A CDL from [FR Doc. 2018–07186 Filed 4–6–18; 8:45 am]
North Carolina. His driving record for
Steven D. Schlichting BILLING CODE 4910–EX–P
the last three years shows no crashes
Mr. Schlichting, 54, has had a retinal and no convictions for moving
scar in his right eye since birth. The violations in a CMV. DEPARTMENT OF TRANSPORTATION
visual acuity in his right eye is 20/150,
and in his left eye, 20/20. Following an III. Request for Comments Federal Motor Carrier Safety
examination in 2017, his optometrist In accordance with 49 U.S.C. 31136(e) Administration
stated, ‘‘Mr. Schlichting has the and 31315, FMCSA requests public
necessary vision to drive a commercial [Docket No. FMCSA–2018–0008]
comment from all interested persons on
vehicle.’’ Mr. Schlichting reported that the exemption petitions described in Qualification of Drivers; Exemption
he has driven straight trucks for 16 this notice. We will consider all Applications; Vision
years, accumulating 80,000 miles. He comments and material received before
holds an operator’s license from the close of business on the closing date AGENCY: Federal Motor Carrier Safety
Nebraska. His driving record for the last indicated in the dates section of the Administration (FMCSA), DOT.
three years shows no crashes and no notice. ACTION: Notice of applications for
convictions for moving violations in a exemption; request for comments.
CMV. IV. Submitting Comments
SUMMARY: FMCSA announces receipt of
Jesse P. Schuster You may submit your comments and applications from 17 individuals for an
Mr. Schuster, 41, has a scleral material online or by fax, mail, or hand exemption from the vision requirement
laceration in his left eye due to a delivery, but please use only one of in the Federal Motor Carrier Safety
traumatic incident in 2013. The visual these means. FMCSA recommends that Regulations (FMCSRs) to operate a
acuity in his right eye is 20/20, and in you include your name and a mailing commercial motor vehicle (CMV) in
his left eye, light perception. Following address, an email address, or a phone interstate commerce. If granted, the
an examination in 2017, his optometrist number in the body of your document exemptions will enable these
stated, ‘‘He has sufficient vision to so that FMCSA can contact you if there individuals to operate CMVs in
perform the driving tasks required to are questions regarding your interstate commerce without meeting
operate a commercial vehicle.’’ Mr. submission. the vision requirement in one eye.
Schuster reported that he has driven To submit your comment online, go to DATES: Comments must be received on
straight trucks for 21 years, http://www.regulations.gov and in the or before May 9, 2018.
accumulating 84,000 miles. He holds a search box insert the docket number
ADDRESSES: You may submit comments
Class B CDL from North Dakota. His FMCSA–2018–0007 and click the search
driving record for the last three years bearing the Federal Docket Management
button. When the new screen appears,
shows no crashes and no convictions for System (FDMS) Docket No. FMCSA–
click on the blue ‘‘Comment Now!’’
moving violations in a CMV. 2018–0008 using any of the following
button on the right hand side of the
methods:
page. On the new page, enter
Joseph L. Smith • Federal eRulemaking Portal: Go to
information required including the
Mr. Smith, 48, has had amblyopia in http://www.regulations.gov. Follow the
specific section of this document to
his right eye since childhood. The online instructions for submitting
which each comment applies, and
visual acuity in his right eye is count comments.
provide a reason for each suggestion or
fingers, and in his left eye, 20/20. • Mail: Docket Management Facility;
recommendation. If you submit your
Following an examination in 2017, his U.S. Department of Transportation, 1200
comments by mail or hand delivery,
optometrist stated, ‘‘In my opinion, Mr. New Jersey Avenue SE, West Building
submit them in an unbound format, no
Joseph Smith still maintains sufficient Ground Floor, Room W12–140,
larger than 81⁄2 by 11 inches, suitable for
vision to operate a commercial motor Washington, DC 20590–0001.
copying and electronic filing. If you
vehicle.’’ Mr. Smith reported that he has • Hand Delivery: West Building
submit comments by mail and would
driven straight trucks for five years, Ground Floor, Room W12–140, 1200
like to know that they reached the
accumulating 7,500 miles, and tractor- New Jersey Avenue SE, Washington,
facility, please enclose a stamped, self-
trailer combinations for 24 years, DC, between 9 a.m. and 5 p.m., e.t.,
addressed postcard or envelope.
accumulating 2.88 million miles. He Monday through Friday, except Federal
holds a Class A CDL from West Virginia. We will consider all comments and Holidays.
His driving record for the last three materials received during the comment • Fax: 1–202–493–2251.
years shows no crashes and no period. FMCSA may issue a final Instructions: Each submission must
convictions for moving violations in a determination at any time after the close include the Agency name and the
CMV. of the comment period. docket number(s) for this notice. Note
V. Viewing Comments and Documents that all comments received will be
Larry L. Stewart posted without change to http://
Mr. Stewart, 51, has had amblyopia in To view comments, as well as any www.regulations.gov, including any
sradovich on DSK3GMQ082PROD with NOTICES
his right eye since childhood. The documents mentioned in this preamble, personal information provided. Please
visual acuity in his right eye is 20/80, go to http://www.regulations.gov and in see the Privacy Act heading below for
and in his left eye, 20/20. Following an the search box insert the docket number further information.
examination in 2017, his optometrist FMCSA–2018–0007 and click ‘‘Search.’’ Docket: For access to the docket to
stated, ‘‘I believe based on the field and Next, click ‘‘Open Docket Folder’’ and read background documents or
visual acuity, Mr. Stewart has vision you will find all documents and comments, go to http://
sufficient to operate a commercial comments related to this notice. www.regulations.gov at any time or
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convictions for moving violations in a reported that he has driven tractor- in 1986. The visual acuity in his right
CMV. trailer combinations for 14 years, eye is 20/20, and in his left eye, light
accumulating 1.68 million miles. He perception. Following an examination
John C. Duncan
holds a Class A CDL from Oregon. His in 2017, his optometrist stated, ‘‘My
Mr. Duncan, 68, has had amblyopia in driving record for the last three years medical opinion is that David has
his left eye since birth. The visual acuity shows no crashes and no convictions for sufficient vision to operate commercial
in his right eye is 20/20, and in his left moving violations in a CMV. vehicles.’’ Mr. McCarty reported that he
eye, 20/200. Following an examination has driven straight trucks for 28 years,
in 2017, his ophthalmologist stated, ‘‘In Jeffrey T. Landry accumulating 420,000 miles, and
my medical opinion, Mr. John Duncan Mr. Landry, 53, has had optic tractor-trailer combinations for 28 years,
has the sufficient vision to perform the neuropathy in his left eye since 2015. accumulating 420,000 miles. He holds a
driving tasks required to operate a The visual acuity in his right eye is 20/ Class A CDL from Oregon. His driving
commercial vehicle land or water.’’ Mr. 20, and in his left eye, counting fingers. record for the last three years shows no
Duncan reported that he has driven Following an examination in 2017, his crashes and no convictions for moving
straight trucks for 43 years, ophthalmologist stated, ‘‘He has violations in a CMV.
accumulating 64,500 miles, tractor- sufficient vision in his right eye to
Jeffrey W. Pike, Jr.
trailer combinations for five years, operate a commercial vehicle, and has
accumulating 15,000 miles, and buses been successfully over the last [two] Mr. Pike, 41, has a cataract in his right
for 24 years, accumulating 48,000 miles. years per his report.’’ Mr. Landry eye due to a traumatic incident in
He holds a Class BM CDL from New reported that he has driven straight childhood. The visual acuity in his right
York. His driving record for the last trucks for four years, accumulating eye is light perception, and in his left
three years shows no crashes and no 48,000 miles, and tractor-trailer eye, 20/20. Following an examination in
convictions for moving violations in a combinations for 32 years, accumulating 2018, his optometrist stated, ‘‘In my
CMV. 3.8 million miles. He holds a Class A opinion he has sufficient vision to
CDL from North Carolina. His driving perform driving tasks required to
Kenneth M. Emerson operate a commercial vehicle and has
record for the last three years shows no
Mr. Emerson, 66, has had amblyopia crashes and no convictions for moving done so successfully for many years.’’
in his left eye since birth. The visual violations in a CMV. Mr. Pike reported that he has driven
acuity in his right eye is 20/20, and in straight trucks for 25 years,
his left eye, 20/50. Following an David A. Margetson accumulating 250,000 miles, and
examination in 2017, his optometrist Mr. Margetson, 39, has had amblyopia tractor-trailer combinations for 23 years,
stated, ‘‘Kenneth has adequate vision to in his right eye since childhood. The accumulating 1.8 million miles. He
drive a commercial vehicle.’’ Mr. visual acuity in his right eye is 20/50, holds a Class A CDL from Minnesota.
Emerson reported that he has driven and in his left eye, 20/20. Following an His driving record for the last three
straight trucks for seven years, examination in 2017, his optometrist years shows no crashes and no
accumulating 700,000 miles. He holds stated, ‘‘In my opinion, there is no convictions for moving violations in a
an operator’s license from Idaho. His concern for him to operate a commercial CMV.
driving record for the last three years vehicle due to his vision’’ Mr.
Jess C. Sanchez
shows no crashes and no convictions for Margetson reported that he has driven
moving violations in a CMV. straight trucks for 11 years, Mr. Sanchez, 44, has had retinal
accumulating 215,644 miles. He holds ischemia in his left eye due to lupus
Michael C. Farley since 2007. The visual acuity in his
an operator’s license from Michigan. His
Mr. Farley, 62, has had amblyopia in driving record for the last three years right eye is 20/15, and in his left eye,
his right eye since birth. The visual shows no crashes and no convictions for no light perception. Following an
acuity in his right eye is 20/160, and in moving violations in a CMV. examination in 2017, his
his left eye, 20/20. Following an ophthalmologist stated, ‘‘From a visual
examination in 2017, his optometrist Trent C. McCain perspective, he has adequate vision to
stated, ‘‘In my medical opinion he has Mr. McCain, 41, has had retinopathy perform driving test required to operate
sufficient vision to perform the driving in his right eye since birth. The visual a commercial vehicle.’’ Mr. Sanchez
tasks required to operate a commercial acuity in his right eye is 20/400, and in reported that he has driven tractor-
vehicle.’’ Mr. Farley reported that he has his left eye, 20/30. Following an trailer combinations for 29 years,
driven tractor-trailer combinations for examination in 2017, his optometrist accumulating 1.7 million miles. He
seven years, accumulating 700,000 stated, ‘‘In my medical opinion, Trent holds a Class A CDL from Texas. His
miles. He holds a Class A CDL from McCain has sufficient vision to perform driving record for the last three years
Florida. His driving record for the last the driving tasks required to operate a shows no crashes and no convictions for
three years shows no crashes and no commercial vehicle.’’ Mr. McCain moving violations in a CMV.
convictions for moving violations in a reported that he has driven straight
Ermanno M. Santucci
CMV. trucks for 28 years, accumulating 28,000
miles, and tractor-trailer combinations Mr. Santucci, 39, has had amblyopia
Steven W. Kyman in his right eye since childhood. The
for 17 years, accumulating 1.44 million
Mr. Kyman, 58, has had amblyopia in miles. He holds a Class A CDL from visual acuity in his right eye is 20/400,
his right eye since childhood. The and in his left eye, 20/20. Following an
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Kansas. His driving record for the last
visual acuity in his right eye is 20/60, three years shows no crashes and no examination in 2017, his optometrist
and in his left eye, 20/20. Following an convictions for moving violations in a stated, ‘‘Patient has sufficient vision to
examination in 2017, his optometrist CMV. perform driving tasks and drive a
stated, ‘‘Nothing in our vision testing commercial vehicle.’’ Mr. Santucci
indicates Mr. Kyman should not David M. McCarty reported that he has driven straight
continue to possess a CDL and drive a Mr. McCarty, 51, has a corneal scar in trucks for five years, accumulating
commercial vehicle.’’ Mr. Kyman his left eye due to a traumatic incident 135,150 miles. He holds a Class B CDL
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![Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15219
from Illinois. His driving record for the operate a commercial vehicle with no Issued on: April 2, 2018
last three years shows no crashes and no restrictions with respect to his visual Larry W. Minor,
convictions for moving violations in a status.’’ Mr. Tucker reported that he has Associate Administrator for Policy.
CMV. driven straight trucks for 15 years, [FR Doc. 2018–07187 Filed 4–6–18; 8:45 am]
accumulating 465,000 miles. He holds
John R.A.Taylor BILLING CODE 4910–EX–P
an operator’s license from Kentucky. His
Mr. Taylor, 67, has had amblyopia in driving record for the last three years
his left eye since childhood. The visual shows no crashes and no convictions for DEPARTMENT OF TRANSPORTATION
acuity in his right eye is 20/20, and in moving violations in a CMV.
his left eye, 20/400. Following an Federal Motor Carrier Safety
examination in 2017, his optometrist III. Request for Comments Administration
stated, ‘‘I certify that in my professional In accordance with 49 U.S.C. 31136(e) [FMCSA Docket No. FMCSA–2017–0286]
opinion, John R. A. Taylor has sufficient and 31315, FMCSA requests public
vision to perform the driving tasks comment from all interested persons on Qualification of Drivers; Exemption
required to operate a commercial the exemption petitions described in Applications; Diabetes Mellitus
vehicle.’’ Mr. Taylor reported that he this notice. We will consider all
has driven straight trucks for 20 years, comments and material received before AGENCY: Federal Motor Carrier Safety
accumulating 300,000 miles. He holds a the close of business on the closing date Administration (FMCSA), DOT.
Class B CDL from Virginia. His driving indicated in the dates section of the ACTION: Notice of final disposition.
record for the last three years shows no notice.
crashes and no convictions for moving SUMMARY: FMCSA announces its
violations in a CMV. IV. Submitting Comments decision to exempt 40 individuals from
You may submit your comments and the prohibition in the Federal Motor
Justin L. Tidyman Carrier Safety Regulations (FMCSRs)
material online or by fax, mail, or hand
Mr. Tidyman, 35, has had amblyopia delivery, but please use only one of against persons with insulin-treated
in his right eye since childhood. The these means. FMCSA recommends that diabetes mellitus (ITDM) from operating
visual acuity in his right eye is 20/200, you include your name and a mailing a commercial motor vehicle (CMV) in
and in his left eye, 20/25. Following an address, an email address, or a phone interstate commerce. The exemptions
examination in 2018, his optometrist number in the body of your document enable these individuals with ITDM to
stated, ‘‘I feel that My. [sic] Tidyman has so that FMCSA can contact you if there operate CMVs in interstate commerce.
sufficient vision to perform the driving are questions regarding your DATES: The exemptions were applicable
tasks required to operate a commercial submission. on February 16, 2018. The exemptions
vehicle.’’ Mr. Tidyman reported that he expire on February 16, 2020.
To submit your comment online, go to
has driven straight trucks for 20 years,
http://www.regulations.gov and in the FOR FURTHER INFORMATION CONTACT: Ms.
accumulating 1.4 million miles, and
search box insert the docket number Christine A. Hydock, Chief, Medical
tractor-trailer combinations for seven
FMCSA–2018–0008 and click the search Programs Division, (202) 366–4001,
years, accumulating 140,000 miles. He
button. When the new screen appears, fmcsamedical@dot.gov, FMCSA,
holds a Class A CDL from Arkansas. His
click on the blue ‘‘Comment Now!’’ Department of Transportation, 1200
driving record for the last three years
button on the right hand side of the New Jersey Avenue SE, Room W64–224,
shows no crashes and no convictions for
page. On the new page, enter Washington, DC 20590–0001. Office
moving violations in a CMV.
information required including the hours are from 8:30 a.m. to 5 p.m., e.t.,
Raul Torres Malaga specific section of this document to Monday through Friday, except Federal
Mr. Torres Malaga, 60, has had which each comment applies, and holidays. If you have questions
amblyopia in his right eye since birth. provide a reason for each suggestion or regarding viewing or submitting
The visual acuity in his right eye is 20/ recommendation. If you submit your material to the docket, contact Docket
60, and in his left eye, 20/20. Following comments by mail or hand delivery, Services, telephone (202) 366–9826.
an examination in 2017, his optometrist submit them in an unbound format, no SUPPLEMENTARY INFORMATION:
stated, ‘‘Upon completing the eye exam, larger than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you I. Electronic Access
I find Mr. Torres visually capable to
operate a motor vehicle of any kind, submit comments by mail and would You may see all the comments online
including commercial vehicles.’’ Mr. like to know that they reached the through the Federal Document
Torres Malaga reported that he has facility, please enclose a stamped, self- Management System (FDMS) at: http://
driven straight trucks for one year, addressed postcard or envelope. www.regulations.gov.
accumulating 9,100 miles, and tractor- We will consider all comments and Docket: For access to the docket to
trailer combinations for three years, materials received during the comment read background documents or
accumulating 60,900 miles. He holds a period. FMCSA may issue a final comments, go to http://
Class A CDL from Florida. His driving determination at any time after the close www.regulations.gov and/or Room
record for the last three years shows no of the comment period. W12–140 on the ground level of the
crashes and no convictions for moving West Building, 1200 New Jersey Avenue
V. Viewing Comments and Documents
violations in a CMV. SE, Washington, DC, between 9 a.m. and
To view comments, as well as any 5 p.m., e.t., Monday through Friday,
sradovich on DSK3GMQ082PROD with NOTICES
Timothy L. Tucker documents mentioned in this preamble, except Federal holidays.
Mr. Tucker, 46, has had amblyopia in go to http://www.regulations.gov and in Privacy Act: In accordance with 5
his left eye since birth. The visual acuity the search box insert the docket number U.S.C. 553(c), DOT solicits comments
in his right eye is 20/20, and in his left FMCSA–2018–0008 and click ‘‘Search.’’ from the public to better inform its
eye, 20/400. Following an examination Next, click ‘‘Open Docket Folder’’ and rulemaking process. DOT posts these
in 2017, his optometrist stated, ‘‘Patient, you will find all documents and comments, without edit, including any
Tim Tucker, should be allowed to comments related to this notice. personal information the commenter
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Document Created: 2018-04-07 02:39:10
Document Modified: 2018-04-07 02:39:10
| 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 15216 |
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