83 FR 2311 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 10 (January 16, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 10 (January 16, 2018)
| Page Range | 2311-2314 | |
| FR Document | 2018-00581 |
[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)] [Notices] [Pages 2311-2314] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-00581] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2017-0026] 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 18 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 February 15, 2018. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-2017-0026 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 18 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, [[Page 2312]] 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 Michael H. Eheler, II Mr. Eheler, 41, 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/ 300. Following an examination in 2017, his optometrist stated, ``With the results of the examination from our office, I believe Michael has sufficient visual abilities to perform the driving tasks required to operate a commercial vehicle.'' Mr. Eheler reported that he has driven tractor-trailer combinations for six years, accumulating 350,000 miles. He holds an operator's license from Wisconsin. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Roberto Espinosa Mr. Espinosa, 60, has glaucoma in his left eye due to a traumatic incident in childhood. The visual acuity in his right eye is 20/30, and in his left eye, 20/200. Following an examination in 2017, his ophthalmologist stated, ``I certify, in my medical opinion, the patient has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Espinosa reported that he has driven tractor-trailer combinations for 19 years, accumulating 2.1 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. Lee J. Gaffney Mr. Gaffney, 35, 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/ 70. Following an examination in 2017, his ophthalmologist stated, ``Mr. Gaffney does seem to meet sufficient vision standards to perform driving tasks to operate a commercial vehicle.'' Mr. Gaffney reported that he has driven straight trucks for ten years, accumulating 50,000 miles. He holds an operator's license from Ohio. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Mark S. Hale Mr. Hale, 41, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/20, and in his left eye, 20/ 200. Following an examination in 2017, his ophthalmologist stated, ``In my opinion, he should be allowed to do commercial driving, since his field of vision is quite good in both eyes.'' Mr. Hale reported that he has driven straight trucks for three years, accumulating 60,000 miles. He holds an operator's license from Alabama. His driving record for the last three years shows one crash, for which he was not cited, and no convictions for moving violations in a CMV. Raymundo Maldonado Mr. Maldonado, 57, has had a macular scar in his left eye since 2013. The visual acuity in his right eye is 20/25, and in his left eye, 20/100. Following an examination in 2017, his ophthalmologist stated, ``I certify Mr. Maldonado has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Maldonado reported that he has driven straight trucks for 35 years, accumulating 350,000 miles, and tractor-trailer combinations for 35 years, accumulating 12.25 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. Mickey D. McCoy Mr. McCoy, 46, has had a cataract in his left eye due to a traumatic incident in 2005. The visual acuity in his right eye is 20/ 20, and in his left eye, hand motion. Following an examination in 2017, his ophthalmologist stated, ``The patient is able to recognize the colors of a traffic control device in the right eye, and in my medical opinion he has sufficient vision to perform the driving tasks required to operate a commercial vehicle and his exam results today validate that conclusion.'' Mr. McCoy reported that he has driven straight trucks for ten years, accumulating 125,000 miles and tractor-trailer combinations for 14 years, accumulating 389,746 miles. He holds a Class A CDL from Tennessee. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Colin D. McGregor Mr. McGregor, 35, 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 optometrist stated, ``With 20/20 vision and a full field vision of 160 degrees in his right eye, I feel Colin can safely perform the tasks necessary to operate a commercial motor vehicle.'' Mr. McGregor reported that he has driven straight trucks for nine years, accumulating 70,200 miles. He holds a Class ABCD CDL from Wisconsin. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Thomas B. Miller Mr. Miller, 60, has a retinal detachment in his left eye due to a traumatic incident in 1997. The visual acuity in his right eye is 20/ 20, and in his left eye, count fingers. Following an examination in 2017, his optometrist stated, ``He appears to have adequate vision to operate a commercial vehicle.'' Mr. Miller reported that he has driven straight trucks for 41 years, accumulating 820,000 miles. He holds an operator's license from Virginia. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. [[Page 2313]] Ryan J. Plank Mr. Plank, 42, has a retinal detachment 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, ``I have never driven a commercial vehicle myself however in my opinion Mr. Plank has sufficient vision to perform the driving tasks required to operate a commercial vehicle based on his driving history and meeting the requirements you have listed.'' Mr. Plank reported that he has driven straight trucks for four years, accumulating 20,000 miles. He holds an operator's license from Pennsylvania. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Donald J. Poague Mr. Poague, 47, has had central scarring in his right eye since 2011. The visual acuity in his right eye is 20/200, and in his left eye, 20/20. Following an examination in 2017, his optometrist stated, ``Taking into consideration the fact that Mr. Poague has operated commercial vehicles without any incidences since the vascular event in his right eye, and the fact that he has good peripheral vision in both eyes, as well as uncorrected acuity of 20/20 in the left eye, it is my opinion that he can safely operate vehicles requiring a commercial drivers [sic] license.'' Mr. Poague reported that he has driven straight trucks for 25 years, accumulating 2 million miles, and tractor-trailer combinations for 25 years, accumulating 2 million miles. He holds a Class A CDL from Georgia. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Jose R. Ponce Mr. Ponce, 37, has a retinal detachment in his right eye due to a traumatic incident in 2001. The visual acuity in his right eye is 20/ 40, and in his left eye, 20/20. Following an examination in 2017, his optometrist stated, ``Thus, in my opinion, Mr. Ponce does have sufficient vision to perform the driving tasks required to operate a commercial vehicle based on these results and your exemption requirements.'' Mr. Ponce reported that he has driven straight trucks for six years, accumulating 150,000 miles. He holds an operator's license from Texas. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Ronald F. Prezzia Mr. Prezzia, 62, has aphakia in his right eye due to a traumatic incident in 2014. The visual acuity in his right eye is 20/70, and in his left eye, 20/40. Following an examination in 2017, his ophthalmologist stated, ``It is in my medical opinion that Mr. Prezzia has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Prezzia reported that he has driven straight trucks for 35 years, accumulating 2.62 million miles. He holds a Class AM CDL from Illinois. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Jorge A. Rodriguez Mr. Rodriguez, 65, has complete loss of vision in his right eye due to a traumatic incident in 2001. 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, ``I believe Mr. Rodriguez has sufficient vision in [sic] left eye to perform the driving tasks required to operate a commercial vehicle.'' Mr. Rodriguez reported that he has driven straight trucks for 37 years, accumulating 1.29 million miles and tractor-trailer combinations for nine years, accumulating 405,000 miles. He holds a Class AM1 CDL from California. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Jimmy W. Rowland Mr. Rowland, 50, has retinal scarring in his right eye since 1994. The visual acuity in his right eye is 20/20, and in his left eye, light perception. Following an examination in 2017, his optometrist stated, ``In my medical opinion, Mr. Rowland has sufficient vision to perform the driving tasks to operate a commercial vehicle.'' Mr. Rowland reported that he has driven straight trucks for 15 years, accumulating 525,000 miles. He holds a Class A CDL from Florida. His driving record for the last three years shows no crashes and two convictions for moving violations in a CMV; in both incidents he exceeded the speed limit by nine mph. Aaron R. Rupe Mr. Rupe, 43, has had a macular scar in his left eye since 1992. The visual acuity in his right eye is 20/20, and in his left eye, 20/ 70. Following an examination in 2017, his optometrist stated, ``In my medical opinion Aaron Rupe has sufficient vision to operate a commercial motor vehicle.'' Mr. Rupe reported that he has driven straight trucks for 17 years, accumulating 170,000 miles. He holds an operator's license from Illinois. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Charles L. Sauls Mr. Sauls, 50, has had amblyopia in his right eye since childhood. The visual acuity in his right eye is count fingers, and in his left eye, 20/30. Following an examination in 2017, his optometrist stated, ``I, Alan F. Swinehart OD, certify in my medical opinion that Charles L. Sauls has sufficient vision to perform driving tasks required to operate a commercial vehicle.'' Mr. Sauls reported that he has driven straight trucks for 15 years, accumulating 450,000 miles, and tractor- trailer combinations for ten years, accumulating 350,000 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. Gary M. Shoultz Mr. Shoultz, 65, has had amblyopia in his right eye since childhood. The visual acuity in his right eye is 20/70, and in his left eye, 20/20. Following an examination in 2017, his optometrist stated, ``It is my opinion that Gary possesses sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Shoultz reported that he has driven straight trucks for four years, accumulating 164,000 miles. He holds an operator's license from Indiana. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Juan D. Zertuche, Jr. Mr. Zertuche, 42, has had complete loss of vision in his right eye since birth. 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, vision is sufficient to perform driving tasks required to operate a commercial vehicle.'' Mr. Zertuche reported that he has driven straight trucks for five years, accumulating 50,000 miles, and tractor-trailer combinations for five years, accumulating 500,000 miles. He holds a Class A CDL from Texas. His driving record for the last three years shows no crashes and one conviction for a moving violation in a CMV; he exceeded the speed limit by 11 mph. [[Page 2314]] III. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. We will consider all comments and material received before the close of business on the closing date indicated in the dates section of the notice. IV. Submitting Comments You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so that FMCSA can contact you if there are questions regarding your submission. To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number FMCSA-2017-0026 and click the search button. When the new screen appears, click on the blue ``Comment Now!'' button on the right hand side of the page. On the new page, enter information required including the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and materials received during the comment period. FMCSA may issue a final determination at any time after the close of the comment period. V. Viewing Comments and Documents To view comments, as well as any documents mentioned in this preamble, go to http://www.regulations.gov and in the search box insert the docket number FMCSA-2017-0026 and click ``Search.'' Next, click ``Open Docket Folder'' and you will find all documents and comments related to this notice. Issued on: January 5, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-00581 Filed 1-12-18; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices 2311
revoked earlier by FMCSA. The docket number(s) for this notice. Note 391.41(b)(10). Accordingly, the Agency
exemption will be revoked if the that all comments received will be will evaluate the qualifications of each
following occurs: (1) The person fails to posted without change to http:// applicant to determine whether granting
comply with the terms and conditions www.regulations.gov, including any an exemption will achieve the required
of the exemption; (2) the exemption has personal information provided. Please level of safety mandated by statute.
resulted in a lower level of safety than see the Privacy Act heading below for The physical qualification standard
was maintained prior to being granted; further information. for drivers regarding vision found in 49
or (3) continuation of the exemption Docket: For access to the docket to CFR 391.41(b)(10) states that a person is
would not be consistent with the goals read background documents or physically qualified to drive a CMV if
and objectives of 49 U.S.C. 31136 and comments, go to http:// that person has distant visual acuity of
31315. www.regulations.gov at any time or at least 20/40 (Snellen) in each eye
Room W12–140 on the ground level of without corrective lenses or visual
Issued on: January 5, 2018.
the West Building, 1200 New Jersey acuity separately corrected to 20/40
Larry W. Minor, (Snellen) or better with corrective
Avenue SE, Washington, DC, between 9
Associate Administrator for Policy. lenses, distant binocular acuity of at
a.m. and 5 p.m., e.t., Monday through
[FR Doc. 2018–00586 Filed 1–12–18; 8:45 am] Friday, except Federal holidays. The least 20/40 (Snellen) in both eyes with
BILLING CODE 4910–EX–P FDMS is available 24 hours each day, or without corrective lenses, field of
365 days each year. If you want vision of at least 70° in the horizontal
acknowledgment that we received your Meridian in each eye, and the ability to
DEPARTMENT OF TRANSPORTATION comments, please include a self- recognize the colors of traffic signals
addressed, stamped envelope or and devices showing standard red,
Federal Motor Carrier Safety green, and amber.
Administration postcard or print the acknowledgement
page that appears after submitting In July 1992, the Agency first
[Docket No. FMCSA–2017–0026] comments online. published the criteria for the Vision
Privacy Act: In accordance with 5 Waiver Program, which listed the
Qualification of Drivers; Exemption U.S.C. 553(c), DOT solicits comments conditions and reporting standards that
Applications; Vision from the public to better inform its CMV drivers approved for participation
rulemaking process. DOT posts these would need to meet (Qualification of
AGENCY: Federal Motor Carrier Safety Drivers; Vision Waivers, 57 FR 31458,
Administration (FMCSA), DOT. comments, without edit, including any
personal information the commenter July 16, 1992). The current Vision
ACTION: Notice of applications for Exemption Program was established in
exemption; request for comments. provides, to http://www.regulations.gov,
as described in the system of records 1998, following the enactment of
notice (DOT/ALL–14 FDMS), which can amendments to the statutes governing
SUMMARY: FMCSA announces receipt of
be reviewed at http://www.dot.gov/ exemptions made by § 4007 of the
applications from 18 individuals for an
privacy. Transportation Equity Act for the 21st
exemption from the vision requirement
Century (TEA–21), Public Law 105–178,
in the Federal Motor Carrier Safety 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 vision requirement, FMCSA requires a
or before February 15, 2018. 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
2017–0026 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,
daltland on DSKBBV9HB2PROD with NOTICES
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 18 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,
VerDate Sep<11>2014 22:48 Jan 12, 2018 Jkt 244001 PO 00000 Frm 00181 Fmt 4703 Sfmt 4703 E:\FR\FM\16JAN1.SGM 16JAN1](https://thefederalregister.org/doc/83_FR_2321/page/1.svg)
![Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices 2313
Ryan J. Plank convictions for moving violations in a Rupe has sufficient vision to operate a
CMV. commercial motor vehicle.’’ Mr. Rupe
Mr. Plank, 42, has a retinal reported that he has driven straight
detachment in his right eye due to a Ronald F. Prezzia
trucks for 17 years, accumulating
traumatic incident in childhood. The Mr. Prezzia, 62, has aphakia in his 170,000 miles. He holds an operator’s
visual acuity in his right eye is no light right eye due to a traumatic incident in license from Illinois. His driving record
perception, and in his left eye, 20/20. 2014. The visual acuity in his right eye for the last three years shows no crashes
Following an examination in 2017, his is 20/70, and in his left eye, 20/40. and no convictions for moving
optometrist stated, ‘‘I have never driven Following an examination in 2017, his violations in a CMV.
a commercial vehicle myself however in ophthalmologist stated, ‘‘It is in my
my opinion Mr. Plank has sufficient medical opinion that Mr. Prezzia has Charles L. Sauls
vision to perform the driving tasks sufficient vision to perform the driving Mr. Sauls, 50, has had amblyopia in
required to operate a commercial tasks required to operate a commercial his right eye since childhood. The
vehicle based on his driving history and vehicle.’’ Mr. Prezzia reported that he visual acuity in his right eye is count
meeting the requirements you have has driven straight trucks for 35 years, fingers, and in his left eye, 20/30.
listed.’’ Mr. Plank reported that he has accumulating 2.62 million miles. He Following an examination in 2017, his
driven straight trucks for four years, holds a Class AM CDL from Illinois. His optometrist stated, ‘‘I, Alan F. Swinehart
accumulating 20,000 miles. He holds an driving record for the last three years OD, certify in my medical opinion that
operator’s license from Pennsylvania. shows no crashes and no convictions for Charles L. Sauls has sufficient vision to
His driving record for the last three moving violations in a CMV. perform driving tasks required to
years shows no crashes and no operate a commercial vehicle.’’ Mr.
convictions for moving violations in a Jorge A. Rodriguez Sauls reported that he has driven
CMV. Mr. Rodriguez, 65, has complete loss straight trucks for 15 years,
of vision in his right eye due to a accumulating 450,000 miles, and
Donald J. Poague traumatic incident in 2001. The visual tractor-trailer combinations for ten
Mr. Poague, 47, has had central acuity in his right eye is no light years, accumulating 350,000 miles. He
scarring in his right eye since 2011. The perception, and in his left eye, 20/20. holds a Class A CDL from Florida. His
visual acuity in his right eye is 20/200, Following an examination in 2017, his driving record for the last three years
and in his left eye, 20/20. Following an optometrist stated, ‘‘I believe Mr. shows no crashes and no convictions for
examination in 2017, his optometrist Rodriguez has sufficient vision in [sic] moving violations in a CMV.
stated, ‘‘Taking into consideration the left eye to perform the driving tasks
Gary M. Shoultz
fact that Mr. Poague has operated required to operate a commercial
vehicle.’’ Mr. Rodriguez reported that he Mr. Shoultz, 65, has had amblyopia in
commercial vehicles without any his right eye since childhood. The
incidences since the vascular event in has driven straight trucks for 37 years,
accumulating 1.29 million miles and visual acuity in his right eye is 20/70,
his right eye, and the fact that he has and in his left eye, 20/20. Following an
good peripheral vision in both eyes, as tractor-trailer combinations for nine
years, accumulating 405,000 miles. He examination in 2017, his optometrist
well as uncorrected acuity of 20/20 in stated, ‘‘It is my opinion that Gary
the left eye, it is my opinion that he can holds a Class AM1 CDL from California.
His driving record for the last three possesses sufficient vision to perform
safely operate vehicles requiring a the driving tasks required to operate a
commercial drivers [sic] license.’’ Mr. years shows no crashes and no
convictions for moving violations in a commercial vehicle.’’ Mr. Shoultz
Poague reported that he has driven reported that he has driven straight
straight trucks for 25 years, CMV.
trucks for four years, accumulating
accumulating 2 million miles, and Jimmy W. Rowland 164,000 miles. He holds an operator’s
tractor-trailer combinations for 25 years, Mr. Rowland, 50, has retinal scarring license from Indiana. His driving record
accumulating 2 million miles. He holds in his right eye since 1994. The visual for the last three years shows no crashes
a Class A CDL from Georgia. His driving acuity in his right eye is 20/20, and in and no convictions for moving
record for the last three years shows no his left eye, light perception. Following violations in a CMV.
crashes and no convictions for moving an examination in 2017, his optometrist
violations in a CMV. Juan D. Zertuche, Jr.
stated, ‘‘In my medical opinion, Mr.
Jose R. Ponce Rowland has sufficient vision to Mr. Zertuche, 42, has had complete
perform the driving tasks to operate a loss of vision in his right eye since birth.
Mr. Ponce, 37, has a retinal commercial vehicle.’’ Mr. Rowland The visual acuity in his right eye is no
detachment in his right eye due to a reported that he has driven straight light perception, and in his left eye, 20/
traumatic incident in 2001. The visual trucks for 15 years, accumulating 25. Following an examination in 2017,
acuity in his right eye is 20/40, and in 525,000 miles. He holds a Class A CDL his ophthalmologist stated, ‘‘In my
his left eye, 20/20. Following an from Florida. His driving record for the medical opinion, vision is sufficient to
examination in 2017, his optometrist last three years shows no crashes and perform driving tasks required to
stated, ‘‘Thus, in my opinion, Mr. Ponce two convictions for moving violations in operate a commercial vehicle.’’ Mr.
does have sufficient vision to perform a CMV; in both incidents he exceeded Zertuche reported that he has driven
the driving tasks required to operate a the speed limit by nine mph. straight trucks for five years,
commercial vehicle based on these accumulating 50,000 miles, and tractor-
daltland on DSKBBV9HB2PROD with NOTICES
results and your exemption Aaron R. Rupe trailer combinations for five years,
requirements.’’ Mr. Ponce reported that Mr. Rupe, 43, has had a macular scar accumulating 500,000 miles. He holds a
he has driven straight trucks for six in his left eye since 1992. The visual Class A CDL from Texas. His driving
years, accumulating 150,000 miles. He acuity in his right eye is 20/20, and in record for the last three years shows no
holds an operator’s license from Texas. his left eye, 20/70. Following an crashes and one conviction for a moving
His driving record for the last three examination in 2017, his optometrist violation in a CMV; he exceeded the
years shows no crashes and no stated, ‘‘In my medical opinion Aaron speed limit by 11 mph.
VerDate Sep<11>2014 22:48 Jan 12, 2018 Jkt 244001 PO 00000 Frm 00183 Fmt 4703 Sfmt 4703 E:\FR\FM\16JAN1.SGM 16JAN1](https://thefederalregister.org/doc/83_FR_2321/page/3.svg)
![2314 Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices
III. Request for Comments DEPARTMENT OF TRANSPORTATION comments, please include a self-
addressed, stamped envelope or
In accordance with 49 U.S.C. 31136(e) Federal Motor Carrier Safety postcard or print the acknowledgement
and 31315, FMCSA requests public Administration page that appears after submitting
comment from all interested persons on comments online.
the exemption petitions described in [Docket No. FMCSA–FMCSA–2017–0057]
Privacy Act: In accordance with 5
this notice. We will consider all Qualification of Drivers; Exemption U.S.C. 553(c), DOT solicits comments
comments and material received before Applications; Hearing from the public to better inform its
the close of business on the closing date rulemaking process. DOT posts these
indicated in the dates section of the AGENCY: Federal Motor Carrier Safety comments, without edit, including any
notice. Administration (FMCSA), DOT. personal information the commenter
ACTION: Notice of applications for provides, to http://www.regulations.gov,
IV. Submitting Comments exemption; request for comments. as described in the system of records
You may submit your comments and notice (DOT/ALL–14 FDMS), which can
SUMMARY: FMCSA announces receipt of be reviewed at http://www.dot.gov/
material online or by fax, mail, or hand applications from 46 individuals for an privacy.
delivery, but please use only one of exemption from the hearing requirement
these means. FMCSA recommends that FOR FURTHER INFORMATION CONTACT: Ms.
in the Federal Motor Carrier Safety
you include your name and a mailing Christine A. Hydock, Chief, Medical
Regulations (FMCSRs) to operate a
address, an email address, or a phone Programs Division, (202) 366–4001,
commercial motor vehicle (CMV) in
number in the body of your document fmcsamedical@dot.gov, FMCSA,
interstate commerce. If granted, the
so that FMCSA can contact you if there Department of Transportation, 1200
exemptions would enable these hard of
are questions regarding your New Jersey Avenue SE, Room W64–224,
hearing and deaf individuals to operate
submission. Washington, DC 20590–0001. Office
CMVs in interstate commerce.
hours are 8:30 a.m. to 5 p.m., e.t.,
To submit your comment online, go to DATES: Comments must be received on Monday through Friday, except Federal
http://www.regulations.gov and in the or before February 15, 2018. holidays. If you have questions
search box insert the docket number ADDRESSES: You may submit comments regarding viewing or submitting
FMCSA–2017–0026 and click the search bearing the Federal Docket Management material to the docket, contact Docket
button. When the new screen appears, System (FDMS) Docket No. FMCSA– Services, telephone (202) 366–9826.
click on the blue ‘‘Comment Now!’’ FMCSA–2017–0057 using any of the SUPPLEMENTARY INFORMATION:
button on the right hand side of the following methods:
page. On the new page, enter • Federal eRulemaking Portal: Go to I. Background
information required including the http://www.regulations.gov. Follow the Under 49 U.S.C. 31136(e) and 31315,
specific section of this document to online instructions for submitting FMCSA may grant an exemption from
which each comment applies, and comments. the FMCSRs for a five-year period if it
provide a reason for each suggestion or • Mail: Docket Management Facility; finds ‘‘such exemption would likely
recommendation. If you submit your U.S. Department of Transportation, 1200 achieve a level of safety that is
comments by mail or hand delivery, New Jersey Avenue SE, West Building equivalent to or greater than the level
submit them in an unbound format, no Ground Floor, Room W12–140, that would be achieved absent such
larger than 81⁄2 by 11 inches, suitable for Washington, DC 20590–0001. exemption.’’ The statute also allows the
• Hand Delivery: West Building Agency to renew exemptions at the end
copying and electronic filing. If you
Ground Floor, Room W12–140, 1200 of the five-year period. FMCSA grants
submit comments by mail and would
New Jersey Avenue SE, Washington, exemptions from the FMCSRs for a two-
like to know that they reached the
DC, between 9 a.m. and 5 p.m., e.t., year period to align with the maximum
facility, please enclose a stamped, self- Monday through Friday, except Federal duration of a driver’s medical
addressed postcard or envelope. Holidays. certification.
We will consider all comments and • Fax: 1–202–493–2251. The 46 individuals listed in this
materials received during the comment Instructions: Each submission must notice have requested an exemption
period. FMCSA may issue a final include the Agency name and the from the hearing requirement in 49 CFR
determination at any time after the close docket number(s) for this notice. Note 391.41(b)(11). Accordingly, the Agency
of the comment period. that all comments received will be will evaluate the qualifications of each
posted without change to http:// applicant to determine whether granting
V. Viewing Comments and Documents www.regulations.gov, including any the exemption will achieve the required
To view comments, as well as any personal information provided. Please level of safety mandated by statute.
documents mentioned in this preamble, see the Privacy Act heading below for The physical qualification standard
further information. for drivers regarding hearing found in
go to http://www.regulations.gov and in
Docket: For access to the docket to 49 CFR 391.41(b)(11) states that a
the search box insert the docket number
read background documents or person is physically qualified to drive a
FMCSA–2017–0026 and click ‘‘Search.’’ comments, go to http:// CMV if that person first perceives a
Next, click ‘‘Open Docket Folder’’ and www.regulations.gov at any time or forced whispered voice in the better ear
you will find all documents and Room W12–140 on the ground level of at not less than 5 feet with or without
daltland on DSKBBV9HB2PROD with NOTICES
comments related to this notice. the West Building, 1200 New Jersey the use of a hearing aid or, if tested by
Issued on: January 5, 2018. Avenue SE, Washington, DC, between 9 use of an audiometric device, does not
Larry W. Minor, a.m. and 5 p.m., e.t., Monday through have an average hearing loss in the
Associate Administrator for Policy.
Friday, except Federal holidays. The better ear greater than 40 decibels at 500
FDMS is available 24 hours each day, Hz, 1,000 Hz, and 2,000 Hz with or
[FR Doc. 2018–00581 Filed 1–12–18; 8:45 am]
365 days each year. If you want without a hearing aid when the
BILLING CODE 4910–EX–P acknowledgment that we received your audiometric device is calibrated to
VerDate Sep<11>2014 22:48 Jan 12, 2018 Jkt 244001 PO 00000 Frm 00184 Fmt 4703 Sfmt 4703 E:\FR\FM\16JAN1.SGM 16JAN1](https://thefederalregister.org/doc/83_FR_2321/page/4.svg)
Document Created: 2018-01-13 02:02:31
Document Modified: 2018-01-13 02:02:31
| 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 February 15, 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 2311 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR