83 FR 18644 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 82 (April 27, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 82 (April 27, 2018)
| Page Range | 18644-18647 | |
| FR Document | 2018-08915 |
[Federal Register Volume 83, Number 82 (Friday, April 27, 2018)] [Notices] [Pages 18644-18647] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-08915] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2018-0010] 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 14 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 29, 2018. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-2018-0010 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 [[Page 18645]] 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 14 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 Zachary A. Abbotts Mr. Abbotts, 24, has complete loss of vision in his left eye due to a traumatic incident in childhood. The visual acuity in his right eye is 20/15, and in his left eye, no light perception. Following an examination in 2017, his optometrist stated, ``In my opinion, I see absolutely no reason why Zachary's visual condition would impair his ability to operate a commercial vehicle in any way.'' Mr. Abbotts reported that he has driven straight trucks for five years, accumulating 3,900 miles. He holds an operator's license from Connecticut. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Joseph J. Amatulli Mr. Amatulli, 59, has had amblyopia in his left eye since birth. The visual acuity in his right eye is 20/25, and in his left eye, 20/ 60. Following an examination in 2017, his ophthalmologist stated, ``I am a board-certified ophthalmologist in New York State (Lic. #241224) and certify that in my medical opinion, he has sufficient [[Page 18646]] vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Amatulli reported that he has driven straight trucks for 15 years, accumulating 7,500 miles, and tractor-trailer combinations for 11 years, accumulating 3,850 miles. He holds a Class A CDL from New York. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Clarton D. Avis Mr. Davis, 59, has a prosthetic right eye due to a traumatic incident in 1988. The visual acuity in his right eye is no light perception, and in his left eye, 20/20. Following an examination in 2018, his ophthalmologist stated, ``In my opinion, Mr. Avis' vision is sufficient to perform the task of driving required to operate a commercial vehicle.'' Mr. Davis reported that he has driven straight trucks for 38 years, accumulating 2.5 million miles, and tractor- trailer combinations for 38 years, accumulating 364,000 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. Jimmy L. Burgi Mr. Burgi, 57, has a corneal scar in his left eye due to a traumatic incident in 2004. The visual acuity in his right eye is 20/ 20, and in his left eye, light perception. Following an examination in 2018, his optometrist stated, ``My medical opinion is that the patient does have sufficient vision to perform the driving tasks required to operate a commercial vehicle do [sic] to the fact that the patient has been driving a commercial vehicle for the last several years and his vision is stable.'' Mr. Burgi reported that he has driven tractor- trailer combinations for four years, accumulating 130,000 miles. He holds a Class A CDL from Texas. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Gordon C. Canfield Mr. Canfield, 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, 20/50. Following an examination in 2018, his optometrist stated, ``It is my opinion that Mr. Canfield has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Canfield reported that he has driven tractor-trailer combinations for 25 years, accumulating 60,000 miles. He holds a Class A CDL from Michigan. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. David M. Clark, Jr. Mr. Clark, 66, has had optic atrophy in his right eye since birth. The visual acuity in his right eye is counting fingers, and in his left eye, 20/15. Following an examination in 2017, his optometrist stated, ``Patient has sufficient vision to operate a commercial vehicle.'' Mr. Clark reported that he has driven straight trucks for 49 years, accumulating 49,000 miles and tractor-trailer combinations for 47 years, accumulating 2.35 million miles. He holds a Class A CDL from Maryland. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Dorothy J. Crum Ms. Crum, 54, has had a macular scar in her left eye due to histoplasmosis in childhood. The visual acuity in her right eye is 20/ 15, and in her left eye, 20/100. Following an examination in 2018, her optometrist stated, ``Thus I believe that she has adequate vision for performing the essential duties for driving a commercial vehicle.'' Ms. Crum reported that she has driven tractor-trailer combinations for six years, accumulating 780,000 miles. She holds a Class A CDL from Ohio. Her driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Tammy J. Duval Ms. Duval, 52, has had keratoconus in her left eye since childhood. The visual acuity in her right eye is 20/20, and in her left eye, 20/ 200. Following an examination in 2018, her optometrist stated, ``In my medical opinion, Ms. Duval has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Ms. Duval reported that she has driven buses for 25 years, accumulating 286,650 miles. She holds a Class B CDL from New Hampshire. Her driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Brian K. LaJoie Mr. LaJoie, 47, 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, ``Certifies that in my medical opinion, patient has sufficient vision to perform the driving tasks to operate commercial vehicle: Yes'' Mr. LaJoie reported that he has driven straight trucks for 23 years, accumulating 65,000 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 V. Latess, Jr. Mr. Latess, 61, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/30, and in his left eye, 20/ 150. Following an examination in 2018, his optometrist stated, ``He has sufficient vision for all driving tasks required to operate a commercial vehicle.'' Mr. Latess reported that he has driven straight trucks for 27 years, accumulating 135,000 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. Igor L. Litvak Mr. Litvak, 32, has complete loss of vision in his right eye due to a traumatic incident in 2002. The visual acuity in his right eye is no light perception, and in his left eye, 20/25. Following an examination in 2017, his ophthalmologist stated, ``In my medical opinion, Mr. Litvak has sufficient vision in his normal left eye to perform driving tasks required to operate a commercial vehicle.'' Mr. Litvak reported that he has driven straight trucks for seven years, accumulating 350,000 miles, and tractor-trailer combinations for six years, accumulating 480,000 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. John A. Thomas, Jr. Mr. Thomas, 58, has had amblyopia in his right eye since birth. The visual acuity in his right eye is count fingers, and in his left eye, 20/20. Following an examination in 2018, his optometrist stated, ``John Thomas has sufficient vision to perform the driving task required to operate a commercial vehicle.'' Mr. Thomas reported that he has driven straight trucks for 40 years, accumulating one million miles and tractor-trailer combinations for 37 years, accumulating 3.7 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. Jerry L. Womble Mr. Womble, 69, has an enucleated left eye due to a traumatic incident in childhood. The visual acuity in his right [[Page 18647]] eye is no light perception, and in his left eye, 20/20. Following an examination in 2017, his optometrist stated, ``In my opinion, Mr. Womble has sufficient vision to perform the driving tasks needed to operate a commercial vehicle.'' Mr. Womble reported that he has driven straight trucks for three years, accumulating 108,000 miles, and tractor-trailer combinations for two years, accumulating 80,000 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. Kevin Young Mr. Young, 37, has keratoconus 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, 20/60. Following an examination in 2017, his optometrist stated, ``In my medical opinion, I certify that Kevin M. Young's left eye vision deficiency provides sufficient vision ability to perform the driving tasks required to operate a commercial vehicle in conjunction with his normal right eye for overall vision performance.'' Mr. Young reported that he has driven straight trucks for ten years, accumulating 5,000 miles, and tractor-trailer combinations for five years, accumulating 10,000 miles. He holds an operator's license from New Jersey. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. 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-2018-0010 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-2018-0010 and click ``Search.'' Next, click ``Open Docket Folder'' and you will find all documents and comments related to this notice. Issued on: April 23, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-08915 Filed 4-26-18; 8:45 am] BILLING CODE 4910-EX-P
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have satisfied the renewal conditions for Kevin M. Kemp (NJ) and objectives of 49 U.S.C. 31136 and
obtaining an exemption from the rule Carlos A. Montano (NY) 31315.
prohibiting drivers with ITDM from Michael J. Payne (MD) Issued on: April 23, 2018.
driving CMVs in interstate commerce Christopher M. Seals (MS)
Larry W. Minor,
(76 FR 79756; 77 FR 5873; 81 FR 1281): Robert Sienkiewicz (MI)
Craig A. Sines (OR) Associate Administrator for Policy.
Howard A. Betz (OH) [FR Doc. 2018–08916 Filed 4–26–18; 8:45 am]
Kevin J. Coppens (ME) Joel K. Spencer (AL)
Frank H. Ford, Jr. (PA) Kendall W. Unruh (MO) BILLING CODE 4910–EX–P
Daniel R. Harris (TX) Daniel R. Vilart (WA)
Joseph L. Owings (AL) Logan D. Yoder (IN)
The drivers were included in docket DEPARTMENT OF TRANSPORTATION
Jerry H. Small (NC)
The drivers were included in docket number FMCSA–2015–0341. Their Federal Motor Carrier Safety
number FMCSA–2011–0326. Their exemptions are applicable as of Administration
exemptions are applicable as of February 17, 2018, and will expire on
February 17, 2020. [Docket No. FMCSA–2018–0010]
February 6, 2018, and will expire on
February 6, 2020. As of February 22, 2018, and in
accordance with 49 U.S.C. 31136(e) and Qualification of Drivers; Exemption
As of February 10, 2018, and in Applications; Vision
accordance with 49 U.S.C. 31136(e) and 31315, the following ten individuals
31315, the following two individuals have satisfied the renewal conditions for AGENCY: Federal Motor Carrier Safety
have satisfied the renewal conditions for obtaining an exemption from the rule Administration (FMCSA), DOT.
obtaining an exemption from the rule prohibiting drivers with ITDM from ACTION: Notice of applications for
prohibiting drivers with ITDM from driving CMVs in interstate commerce exemption; request for comments.
driving CMVs in interstate commerce (77 FR 533; 77 FR 10607; 81 FR 1281):
(76 FR 78720; 77 FR 7232; 81 FR 1281): Garry L. Camden (IN) SUMMARY: FMCSA announces receipt of
Kenneth J. Hill, (OH); Frank E. Ray, Loren A. Cox (NY) applications from 14 individuals for an
(KS). Daryl F. Gilbertson (WI) exemption from the vision requirement
The drivers were included in docket Alfred Gutierrez, II (OK) in the Federal Motor Carrier Safety
number FMCSA–2011–0327. Their Matthew D. Hulse (KS) Regulations (FMCSRs) to operate a
exemptions are applicable as of Neil Karvonen (WA) commercial motor vehicle (CMV) in
February 10, 2018, and will expire on Earl T. Morton, Jr. (VA) interstate commerce. If granted, the
February 10, 2020. Richard A. Norstebon (ND) exemptions will enable these
As of February 12, 2018, and in Donald J. Olbinski (IL) individuals to operate CMVs in
accordance with 49 U.S.C. 31136(e) and Kevin E. Risley (IN) interstate commerce without meeting
31315, Guy B. Mayes (WA) has satisfied The drivers were included in docket the vision requirement in one eye.
the renewal conditions for obtaining an number FMCSA–2011–0367. Their DATES: Comments must be received on
exemption from the rule prohibiting exemptions are applicable as of or before May 29, 2018.
drivers with ITDM from driving CMVs February 22, 2018, and will expire on ADDRESSES: You may submit comments
in interstate commerce (78 FR 78479; 79 February 22, 2020. bearing the Federal Docket Management
FR 13086; 81 FR 1281). As of February 24, 2018, and in System (FDMS) Docket No. FMCSA–
This driver was included in docket accordance with 49 U.S.C. 31136(e) and 2018–0010 using any of the following
number FMCSA–2013–0192. The 31315, the following five individuals methods:
exemption is applicable as of February have satisfied the renewal conditions for • Federal eRulemaking Portal: Go to
12, 2018, and will expire on February obtaining an exemption from the rule http://www.regulations.gov. Follow the
12, 2020. prohibiting drivers with ITDM from online instructions for submitting
As of February 17, 2018, and in driving CMVs in interstate commerce comments.
accordance with 49 U.S.C. 31136(e) and (74 FR 68092; 75 FR 8182; 81 FR 1281): • Mail: Docket Management Facility;
31315, the following 26 individuals Daniel C. Druffel (WA) U.S. Department of Transportation, 1200
have satisfied the renewal conditions for Gregory J. Godley (WA) New Jersey Avenue SE, West Building
obtaining an exemption from the rule Justin R. Henneinke (CA) Ground Floor, Room W12–140,
prohibiting drivers with ITDM from Richard L. Sulzberger (IL) Washington, DC 20590–0001.
driving CMVs in interstate commerce Dirk Vanstralen (CA) • Hand Delivery: West Building
(81 FR 1987; 81 FR 36378): The drivers were included in docket Ground Floor, Room W12–140, 1200
Kevin D. Aaron (PA) number FMCSA–2009–0294. Their New Jersey Avenue SE, Washington,
Juan Acevedo (FL) exemptions are applicable as of DC, between 9 a.m. and 5 p.m., e.t.,
Eugene O. Carr, Jr. (DE) February 24, 2018, and will expire on Monday through Friday, except Federal
Tracy R. Clark (KY) February 24, 2020. Holidays.
Jerry L. Coward (NC) In accordance with 49 U.S.C. 31315, • Fax: 1–202–493–2251.
Wesley N. Cubby (NJ) each exemption will be valid for two Instructions: Each submission must
Michael G. Deschenes (MN) years from the effective date unless include the Agency name and the
James C. Detwiler (PA) revoked earlier by FMCSA. The docket number(s) for this notice. Note
Jay E. Diller (PA) exemption will be revoked if the that all comments received will be
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Jose N. Escobar (MD) following occurs: (1) The person fails to posted without change to http://
Frank J. Gogno (PA) comply with the terms and conditions www.regulations.gov, including any
Michael D. Hashem (MA) of the exemption; (2) the exemption has personal information provided. Please
George W. Hauck (LA) resulted in a lower level of safety than see the Privacy Act heading below for
Aseneka K. Igambi (TX) was maintained prior to being granted; further information.
Hayward G. Jinright (AL) or (3) continuation of the exemption Docket: For access to the docket to
James S. Kauffman (PA) would not be consistent with the goals read background documents or
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vision to perform the driving tasks crashes and no convictions for moving accumulating 65,000 miles. He holds a
required to operate a commercial violations in a CMV. Class CA CDL from Michigan. His
vehicle.’’ Mr. Amatulli reported that he driving record for the last three years
David M. Clark, Jr.
has driven straight trucks for 15 years, shows no crashes and no convictions for
accumulating 7,500 miles, and tractor- Mr. Clark, 66, has had optic atrophy moving violations in a CMV.
trailer combinations for 11 years, in his right eye since birth. The visual
acuity in his right eye is counting James V. Latess, Jr.
accumulating 3,850 miles. He holds a
Class A CDL from New York. His fingers, and in his left eye, 20/15. Mr. Latess, 61, has had amblyopia in
driving record for the last three years Following an examination in 2017, his his left eye since childhood. The visual
shows no crashes and no convictions for optometrist stated, ‘‘Patient has acuity in his right eye is 20/30, and in
moving violations in a CMV. sufficient vision to operate a his left eye, 20/150. Following an
commercial vehicle.’’ Mr. Clark reported examination in 2018, his optometrist
Clarton D. Avis that he has driven straight trucks for 49 stated, ‘‘He has sufficient vision for all
Mr. Davis, 59, has a prosthetic right years, accumulating 49,000 miles and driving tasks required to operate a
eye due to a traumatic incident in 1988. tractor-trailer combinations for 47 years, commercial vehicle.’’ Mr. Latess
The visual acuity in his right eye is no accumulating 2.35 million miles. He reported that he has driven straight
light perception, and in his left eye, 20/ holds a Class A CDL from Maryland. His trucks for 27 years, accumulating
20. Following an examination in 2018, driving record for the last three years 135,000 miles. He holds a Class B CDL
his ophthalmologist stated, ‘‘In my shows no crashes and no convictions for from Pennsylvania. His driving record
opinion, Mr. Avis’ vision is sufficient to moving violations in a CMV. for the last three years shows no crashes
perform the task of driving required to and no convictions for moving
operate a commercial vehicle.’’ Mr. Dorothy J. Crum
violations in a CMV.
Davis reported that he has driven Ms. Crum, 54, has had a macular scar
straight trucks for 38 years, in her left eye due to histoplasmosis in Igor L. Litvak
accumulating 2.5 million miles, and childhood. The visual acuity in her right Mr. Litvak, 32, has complete loss of
tractor-trailer combinations for 38 years, eye is 20/15, and in her left eye, 20/100. vision in his right eye due to a traumatic
accumulating 364,000 miles. He holds a Following an examination in 2018, her incident in 2002. The visual acuity in
Class A CDL from Kentucky. His driving optometrist stated, ‘‘Thus I believe that his right eye is no light perception, and
record for the last three years shows no she has adequate vision for performing in his left eye, 20/25. Following an
crashes and no convictions for moving the essential duties for driving a examination in 2017, his
violations in a CMV. commercial vehicle.’’ Ms. Crum ophthalmologist stated, ‘‘In my medical
reported that she has driven tractor- opinion, Mr. Litvak has sufficient vision
Jimmy L. Burgi
trailer combinations for six years, in his normal left eye to perform driving
Mr. Burgi, 57, has a corneal scar in his accumulating 780,000 miles. She holds tasks required to operate a commercial
left eye due to a traumatic incident in a Class A CDL from Ohio. Her driving vehicle.’’ Mr. Litvak reported that he has
2004. The visual acuity in his right eye record for the last three years shows no driven straight trucks for seven years,
is 20/20, and in his left eye, light crashes and no convictions for moving accumulating 350,000 miles, and
perception. Following an examination violations in a CMV. tractor-trailer combinations for six
in 2018, his optometrist stated, ‘‘My years, accumulating 480,000 miles. He
medical opinion is that the patient does Tammy J. Duval
holds an operator’s license from
have sufficient vision to perform the Ms. Duval, 52, has had keratoconus in Maryland. His driving record for the last
driving tasks required to operate a her left eye since childhood. The visual three years shows no crashes and no
commercial vehicle do [sic] to the fact acuity in her right eye is 20/20, and in convictions for moving violations in a
that the patient has been driving a her left eye, 20/200. Following an CMV.
commercial vehicle for the last several examination in 2018, her optometrist
years and his vision is stable.’’ Mr. Burgi stated, ‘‘In my medical opinion, Ms. John A. Thomas, Jr.
reported that he has driven tractor- Duval has sufficient vision to perform Mr. Thomas, 58, has had amblyopia in
trailer combinations for four years, the driving tasks required to operate a his right eye since birth. The visual
accumulating 130,000 miles. He holds a commercial vehicle.’’ Ms. Duval acuity in his right eye is count fingers,
Class A CDL from Texas. His driving reported that she has driven buses for 25 and in his left eye, 20/20. Following an
record for the last three years shows no years, accumulating 286,650 miles. She examination in 2018, his optometrist
crashes and no convictions for moving holds a Class B CDL from New stated, ‘‘John Thomas has sufficient
violations in a CMV. Hampshire. Her driving record for the vision to perform the driving task
last three years shows no crashes and no required to operate a commercial
Gordon C. Canfield
convictions for moving violations in a vehicle.’’ Mr. Thomas reported that he
Mr. Canfield, 67, has had amblyopia CMV. has driven straight trucks for 40 years,
in his left eye since childhood. The accumulating one million miles and
visual acuity in his right eye is 20/20, Brian K. LaJoie
tractor-trailer combinations for 37 years,
and in his left eye, 20/50. Following an Mr. LaJoie, 47, has aphakia in his left accumulating 3.7 million miles. He
examination in 2018, his optometrist eye due to a traumatic incident in holds a Class A CDL from North
stated, ‘‘It is my opinion that Mr. childhood. The visual acuity in his right Carolina. His driving record for the last
Canfield has sufficient vision to perform eye is 20/20, and in his left eye, 20/400. three years shows no crashes and no
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the driving tasks required to operate a Following an examination in 2017, his convictions for moving violations in a
commercial vehicle.’’ Mr. Canfield optometrist stated, ‘‘Certifies that in my CMV.
reported that he has driven tractor- medical opinion, patient has sufficient
trailer combinations for 25 years, vision to perform the driving tasks to Jerry L. Womble
accumulating 60,000 miles. He holds a operate commercial vehicle: Yes’’ Mr. Mr. Womble, 69, has an enucleated
Class A CDL from Michigan. His driving LaJoie reported that he has driven left eye due to a traumatic incident in
record for the last three years shows no straight trucks for 23 years, childhood. The visual acuity in his right
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![Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Notices 18647
eye is no light perception, and in his left page. On the new page, enter regarding viewing or submitting
eye, 20/20. Following an examination in information required including the material to the docket, contact Docket
2017, his optometrist stated, ‘‘In my specific section of this document to Services, telephone (202) 366–9826.
opinion, Mr. Womble has sufficient which each comment applies, and SUPPLEMENTARY INFORMATION:
vision to perform the driving tasks provide a reason for each suggestion or
needed to operate a commercial recommendation. If you submit your I. Electronic Access
vehicle.’’ Mr. Womble reported that he comments by mail or hand delivery, You may see all the comments online
has driven straight trucks for three submit them in an unbound format, no through the Federal Document
years, accumulating 108,000 miles, and larger than 81⁄2 by 11 inches, suitable for Management System (FDMS) at: http://
tractor-trailer combinations for two copying and electronic filing. If you www.regulations.gov.
years, accumulating 80,000 miles. He submit comments by mail and would Docket: For access to the docket to
holds a Class A CDL from Arkansas. His like to know that they reached the read background documents or
driving record for the last three years facility, please enclose a stamped, self- comments, go to http://
shows no crashes and no convictions for addressed postcard or envelope. www.regulations.gov and/or Room
moving violations in a CMV. We will consider all comments and W12–140 on the ground level of the
materials received during the comment West Building, 1200 New Jersey Avenue
Kevin Young
period. FMCSA may issue a final SE, Washington, DC, between 9 a.m. and
Mr. Young, 37, has keratoconus in his determination at any time after the close 5 p.m., e.t., Monday through Friday,
left eye due to a traumatic incident in of the comment period. except Federal holidays.
childhood. The visual acuity in his right Privacy Act: In accordance with 5
eye is 20/20, and in his left eye, 20/60. V. Viewing Comments and Documents U.S.C. 553(c), DOT solicits comments
Following an examination in 2017, his To view comments, as well as any from the public to better inform its
optometrist stated, ‘‘In my medical documents mentioned in this preamble, rulemaking process. DOT posts these
opinion, I certify that Kevin M. Young’s go to http://www.regulations.gov and in comments, without edit, including any
left eye vision deficiency provides the search box insert the docket number personal information the commenter
sufficient vision ability to perform the FMCSA–2018–0010 and click ‘‘Search.’’ provides, to http://www.regulations.gov,
driving tasks required to operate a Next, click ‘‘Open Docket Folder’’ and as described in the system of records
commercial vehicle in conjunction with you will find all documents and notice (DOT/ALL–14 FDMS), which can
his normal right eye for overall vision comments related to this notice. be reviewed at http://www.dot.gov/
performance.’’ Mr. Young reported that privacy.
Issued on: April 23, 2018.
he has driven straight trucks for ten
years, accumulating 5,000 miles, and Larry W. Minor, II. Background
tractor-trailer combinations for five Associate Administrator for Policy. FMCSA received applications from 17
years, accumulating 10,000 miles. He [FR Doc. 2018–08915 Filed 4–26–18; 8:45 am] individuals who requested an
holds an operator’s license from New BILLING CODE 4910–EX–P exemption from the FMCSRs
Jersey. His driving record for the last prohibiting persons with ITDM from
three years shows no crashes and no operating a CMV in interstate
convictions for moving violations in a DEPARTMENT OF TRANSPORTATION commerce.
CMV. FMCSA has evaluated the eligibility
Federal Motor Carrier Safety of these applicants and concluded that
III. Request for Comments Administration granting these exemptions would not
In accordance with 49 U.S.C. 31136(e) [Docket No. FMCSA–2018–0027] provide a level of safety that would be
and 31315, FMCSA requests public equivalent to or greater than, the level
comment from all interested persons on Qualification of Drivers; Exemption of safety that would be obtained by
the exemption petitions described in Applications; Diabetes complying with the regulation 49 CFR
this notice. We will consider all 391.41(b)(3).
comments and material received before AGENCY: Federal Motor Carrier Safety
the close of business on the closing date Administration (FMCSA), DOT. III. Basis for Exemption Determination
indicated in the dates section of the ACTION: Notice of denials. Under 49 U.S.C. 31136(e) and 31315,
notice. FMCSA may grant an exemption if it
SUMMARY: FMCSA announces its finds such an exemption would likely
IV. Submitting Comments decision to deny applications from 17 achieve a level of safety that is
You may submit your comments and individuals who requested an equivalent to, or greater than, the level
material online or by fax, mail, or hand exemption from the Federal Motor that would be achieved absent such an
delivery, but please use only one of Carrier Safety Regulations (FMCSRs) exemption.
these means. FMCSA recommends that prohibiting persons with insulin-treated The Agency’s decision regarding these
you include your name and a mailing diabetes mellitus (ITDM) from operating exemption applications is based on the
address, an email address, or a phone a commercial motor vehicle (CMV) in eligibility criteria, the terms and
number in the body of your document interstate commerce. conditions for Federal exemptions, and
so that FMCSA can contact you if there FOR FURTHER INFORMATION CONTACT: Ms. an individualized assessment of each
are questions regarding your Christine A. Hydock, Chief, Medical applicant’s medical information
submission. Programs Division, (202) 366–4001, provided by the applicant.
daltland on DSKBBV9HB2PROD with NOTICES
To submit your comment online, go to fmcsamedical@dot.gov, FMCSA,
http://www.regulations.gov and in the Department of Transportation, 1200 IV. Conclusion
search box insert the docket number New Jersey Avenue SE, Room W64–224, The Agency has determined that these
FMCSA–2018–0010 and click the search Washington, DC 20590–0001. Office applicants do not satisfy the criteria
button. When the new screen appears, hours are from 8:30 a.m. to 5 p.m., e.t., eligibility or meet the terms and
click on the blue ‘‘Comment Now!’’ Monday through Friday, except Federal conditions of the Federal exemption and
button on the right hand side of the holidays. If you have questions granting these exemptions would not
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Document Created: 2018-04-27 01:45:49
Document Modified: 2018-04-27 01:45:49
| 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 29, 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 18644 |
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