83_FR_24688 83 FR 24585 - Qualification of Drivers; Exemption Applications; Vision

83 FR 24585 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 103 (May 29, 2018)

Page Range24585-24587
FR Document2018-11408

FMCSA announces receipt of applications from 12 individuals for an exemption from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) to operate a commercial motor vehicle (CMV) in interstate commerce. If granted, the exemptions will enable these individuals to operate CMVs in interstate commerce without meeting the vision requirement in one eye.

Federal Register, Volume 83 Issue 103 (Tuesday, May 29, 2018)
[Federal Register Volume 83, Number 103 (Tuesday, May 29, 2018)]
[Notices]
[Pages 24585-24587]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11408]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0011]


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 12 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 June 28, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2018-0011 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 12 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

[[Page 24586]]

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

Joseph W. Davis

    Mr. Davis, 63, has had a central retinal vein occlusion in his 
right eye since 2012. The visual acuity in his right eye is hand 
motion, and in his left eye, 20/20. Following an examination in 2018, 
his ophthalmologist stated, ``In my medical opinion, this gentleman has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Davis reported that he has driven tractor-
trailer combinations for five years, accumulating 550,000 miles. He 
holds a Class A CDL from North Carolina. His driving record for the 
last three years shows no crashes and no convictions for moving 
violations in a CMV.

Joshua D. Giles

    Mr. Giles, 39, has had amblyopia in his right eye since birth. The 
visual acuity in his right eye is 20/15, and in his left eye, 20/50. 
Following an examination in 2018, his ophthalmologist stated, ``In my 
medical opinion, Mr. Giles has sufficient vision to perform driving 
tasks required to operate commercial vehicles.'' Mr. Giles reported 
that he has driven tractor-trailer combinations for 17 years, 
accumulating 1.02 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.

Michael J. Haubert

    Mr. Haubert, 41, has a prosthetic right eye due to a traumatic 
incident in 2013. The visual acuity in his right eye is 20/20, and in 
his left eye, no light perception. Following an examination in 2018, 
his optometrist stated, ``Michael, it is in my medical opinion you have 
sufficient vision to perform the driving tasks necessary to operate a 
commercial vehicle.'' Mr. Haubert reported that he has driven straight 
trucks for 17 years, accumulating 221,000 miles, and tractor-trailer 
combinations for 17 years, accumulating 85,00 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 R. Krentz

    Mr. Krentz, 30, has had optic atrophy in his right eye due to a 
traumatic incident in 2003. 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, ``I, Timothy J. Goldsmith, Optometrist 
certify in my medical opinion that Thomas Krentz has sufficient vision 
to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Krentz reported that he has driven straight trucks for 
13 years, accumulating 130,000 miles, and tractor-trailer combinations 
for 13 years, accumulating 455,000 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.

Phil M. Lamp

    Mr. Lamp, 45, has a prosthetic left eye due to a traumatic incident 
in 1984. The visual acuity in his right eye is 20/20, and in his left 
eye, no light perception. Following an examination in 2018, his 
optometrist stated, ``Overall I feel that Mr. Lamp has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Lamp reported that he has driven straight trucks for 20 
years, accumulating 500,000 miles, and tractor-trailer combinations for 
16 years, accumulating 400,000 miles. He holds a Class A CDL from West 
Virginia. His driving record for the last three years shows no crashes 
and no convictions for moving violations in a CMV.

Jeffery S. Lathrop

    Mr. Lathrop, 57, 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 2018, his optometrist stated, ``In my 
opinion, Jeff has sufficient vision to operate a commercial vehicle.'' 
Mr. Lathrop reported that he has driven straight trucks for 29 years, 
accumulating 1.45 million miles, and tractor-trailer combinations for 
29 years, accumulating 1.45 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.

Terrence A. Odrick

    Mr. Odrick, 53, has had amblyopia in his right eye since birth. The 
visual acuity in his right eye is 20/150, and in his left eye, 20/15. 
Following an examination in 2018, his optometrist stated, ``Patient has 
sufficient vision to drive a commercial vehicle.''
    Mr. Odrick reported that he has driven buses for 29 years, 
accumulating 471,250 miles. He holds an operator's license from 
Delaware. His driving record for the last three years shows no crashes 
and no convictions for moving violations in a CMV.

James B. Powell

    Mr. Powell, 54, has had iris coloboma 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, 20/800. Following an examination in 2018, 
his optometrist stated, ``In my medical opinion, Mr. Jim Powell has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Powell reported that he has driven straight 
trucks for 25 years, accumulating 1.25 million miles, and tractor-
trailer combinations for 11 years, accumulating 550,000 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.

Raymond C. Smith

    Mr. Smith, 63, has a prosthetic left eye due to a traumatic 
incident in childhood. The visual acuity in his right eye is 20/20, and 
in his left eye, no light perception. Following an examination in 2018, 
his ophthalmologist stated, ``In my opinion as an ophthalmologist, he 
has more than sufficient vision to perform driving tasks of operating a 
commercial vehicle using dual mirrors.''

[[Page 24587]]

Mr. Smith reported that he has driven straight trucks for eight years, 
accumulating 328,000 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.

Zebrial C. Stahmer

    Mr. Stahmer, 33, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/200, and in his 
left eye, 20/20. Following an examination in 2018, his optometrist 
stated, ``In my medical opinion, Mr. Stahmer has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Stahmer reported that he has driven straight trucks for ten years, 
accumulating 1.04 million miles, and tractor-trailer combinations for 
six years, accumulating 168,480 miles. He holds a Class A CDL from 
Montana. His driving record for the last three years shows no crashes 
and no convictions for moving violations in a CMV.

Leon W. Tanksley, III

    Mr. Tanksley, 40, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/150, and in his 
left eye, 20/20. Following an examination in 2017, his ophthalmologist 
stated, ``His visual field with both eyes open is normal along with a 
120-degree horizontal axis and in my medical opinion, the vision out of 
his good eye is sufficient to operate a commercial vehicle.'' Mr. 
Tanksley reported that he has driven tractor-trailer combinations for 
eight years, accumulating 760,000 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.

Timothy E. Thomas

    Mr. Thomas, 44, has a prosthetic 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, 20/20. Following an examination in 
2018, his optometrist stated, ``Patient has sufficient vision in his 
left eye to operate a commercial vehicle.'' Mr. Thomas reported that he 
has driven tractor-trailer combinations for 20 years, accumulating 1.1 
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.

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-2018-0011 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-2018-0011 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: May 17, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-11408 Filed 5-25-18; 8:45 am]
 BILLING CODE 4910-EX-P



                                                                              Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Notices                                           24585

                                               would not be consistent with the goals                  comments, go to http://                               that person has distant visual acuity of
                                               and objectives of 49 U.S.C. 31136 and                   www.regulations.gov at any time or                    at least 20/40 (Snellen) in each eye
                                               31315.                                                  Room W12–140 on the ground level of                   without corrective lenses or visual
                                                 Issued on: May 17, 2018.                              the West Building, 1200 New Jersey                    acuity separately corrected to 20/40
                                               Larry W. Minor,                                         Avenue SE, Washington, DC, between 9                  (Snellen) or better with corrective
                                               Associate Administrator for Policy.
                                                                                                       a.m. and 5 p.m., E.T., Monday through                 lenses, distant binocular acuity of at
                                                                                                       Friday, except Federal holidays. The                  least 20/40 (Snellen) in both eyes with
                                               [FR Doc. 2018–11438 Filed 5–25–18; 8:45 am]
                                                                                                       FDMS is available 24 hours each day,                  or without corrective lenses, field of
                                               BILLING CODE 4910–EX–P
                                                                                                       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                            postcard or print the acknowledgement                 green, and amber.
                                               Administration                                          page that appears after submitting                       In July 1992, the Agency first
                                                                                                       comments online.                                      published the criteria for the Vision
                                               [Docket No. FMCSA–2018–0011]                              Privacy Act: In accordance with 5                   Waiver Program, which listed the
                                                                                                       U.S.C. 553(c), DOT solicits comments                  conditions and reporting standards that
                                               Qualification of Drivers; Exemption
                                               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                    comments, without edit, including any                 Drivers; Vision Waivers, 57 FR 31458,
                                               Administration (FMCSA), DOT.                            personal information the commenter                    July 16, 1992). The current Vision
                                               ACTION: Notice of applications for                      provides, to http://www.regulations.gov,              Exemption Program was established in
                                               exemption; request for comments.                        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 12 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.
                                                                                                       Christine A. Hydock, Chief, Medical                   112 Stat. 107, 401 (June 9, 1998). Vision
                                               Regulations (FMCSRs) to operate a
                                                                                                       Programs Division, (202) 366–4001,                    exemptions are considered under the
                                               commercial motor vehicle (CMV) in
                                                                                                       fmcsamedical@dot.gov, FMCSA,                          procedures established in 49 CFR part
                                               interstate commerce. If granted, the
                                                                                                       Department of Transportation, 1200                    381 subpart C, on a case-by-case basis
                                               exemptions will enable these
                                                                                                       New Jersey Avenue SE, Room W64–224,                   upon application by CMV drivers who
                                               individuals to operate CMVs in
                                                                                                       Washington, DC 20590–0001. Office                     do not meet the vision standards of 49
                                               interstate commerce without meeting
                                                                                                       hours are 8:30 a.m. to 5 p.m., E.T.,                  CFR 391.41(b)(10).
                                               the vision requirement in one eye.
                                                                                                       Monday through Friday, except Federal                    To qualify for an exemption from the
                                               DATES: Comments must be received on
                                                                                                       holidays. If you have questions                       vision requirement, FMCSA requires a
                                               or before June 28, 2018.
                                                                                                       regarding viewing or submitting                       person to present verifiable evidence
                                               ADDRESSES: You may submit comments                                                                            that he/she has driven a commercial
                                                                                                       material to the docket, contact Docket
                                               bearing the Federal Docket Management                                                                         vehicle safely with the vision deficiency
                                                                                                       Services, telephone (202) 366–9826.
                                               System (FDMS) Docket No. FMCSA–                                                                               for the past three years. Recent driving
                                               2018–0011 using any of the following                    SUPPLEMENTARY INFORMATION:
                                                                                                                                                             performance is especially important in
                                               methods:                                                I. Background                                         evaluating future safety, according to
                                                 • Federal eRulemaking Portal: Go to
                                                                                                          Under 49 U.S.C. 31136(e) and 31315,                several research studies designed to
                                               http://www.regulations.gov. Follow the
                                                                                                       FMCSA may grant an exemption from                     correlate past and future driving
                                               online instructions for submitting
                                                                                                       the FMCSRs for a five-year period if it               performance. Results of these studies
                                               comments.
                                                 • Mail: Docket Management Facility;                   finds ‘‘such exemption would likely                   support the principle that the best
                                               U.S. Department of Transportation, 1200                 achieve a level of safety that is                     predictor of future performance by a
                                               New Jersey Avenue SE, West Building                     equivalent to or greater than the level               driver is his/her past record of crashes
                                               Ground Floor, Room W12–140,                             that would be achieved absent such                    and traffic violations. Copies of the
                                               Washington, DC 20590–0001.                              exemption.’’ The statute also allows the              studies may be found at Docket Number
                                                 • Hand Delivery: West Building                        Agency to renew exemptions at the end                 FMCSA–1998–3637.
                                               Ground Floor, Room W12–140, 1200                        of the five-year period. FMCSA grants                    FMCSA believes it can properly apply
                                               New Jersey Avenue SE, Washington,                       exemptions from the FMCSRs for a two-                 the principle to monocular drivers,
                                               DC, between 9 a.m. and 5 p.m., E.T.,                    year period to align with the maximum                 because data from the Federal Highway
                                               Monday through Friday, except Federal                   duration of a driver’s medical                        Administration’s (FHWA) former waiver
                                               Holidays.                                               certification.                                        study program clearly demonstrated the
                                                 • Fax: 1–202–493–2251.                                   The 12 individuals listed in this                  driving performance of experienced
                                                 Instructions: Each submission must                    notice have requested an exemption                    monocular drivers in the program is
                                               include the Agency name and the                         from the vision requirement in 49 CFR                 better than that of all CMV drivers
                                               docket number(s) for this notice. Note                  391.41(b)(10). Accordingly, the Agency                collectively (See 61 FR 13338, 13345,
                                               that all comments received will be                      will evaluate the qualifications of each              March 26, 1996). The fact that
daltland on DSKBBV9HB2PROD with NOTICES




                                               posted without change to http://                        applicant to determine whether granting               experienced monocular drivers
                                               www.regulations.gov, including any                      an exemption will achieve the required                demonstrated safe driving records in the
                                               personal information provided. Please                   level of safety mandated by statute.                  waiver program supports a conclusion
                                               see the Privacy Act heading below for                      The physical qualification standard                that other monocular drivers, meeting
                                               further information.                                    for drivers regarding vision found in 49              the same qualifying conditions as those
                                                 Docket: For access to the docket to                   CFR 391.41(b)(10) states that a person is             required by the waiver program, are also
                                               read background documents or                            physically qualified to drive a CMV if                likely to have adapted to their vision


                                          VerDate Sep<11>2014   16:39 May 25, 2018   Jkt 244001   PO 00000   Frm 00129   Fmt 4703   Sfmt 4703   E:\FR\FM\29MYN1.SGM   29MYN1


                                               24586                          Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Notices

                                               deficiency and will continue to operate                 reported that he has driven tractor-                  shows no crashes and no convictions for
                                               safely.                                                 trailer combinations for 17 years,                    moving violations in a CMV.
                                                 The first major research correlating                  accumulating 1.02 million miles. He
                                                                                                                                                             Jeffery S. Lathrop
                                               past and future performance was done                    holds a Class A CDL from North
                                               in England by Greenwood and Yule in                     Carolina. His driving record for the last                Mr. Lathrop, 57, has had amblyopia in
                                               1920. Subsequent studies, building on                   three years shows no crashes and no                   his left eye since childhood. The visual
                                               that model, concluded that crash rates                  convictions for moving violations in a                acuity in his right eye is 20/20, and in
                                               for the same individual exposed to                      CMV.                                                  his left eye, 20/400. Following an
                                               certain risks for two different time                                                                          examination in 2018, his optometrist
                                                                                                       Michael J. Haubert                                    stated, ‘‘In my opinion, Jeff has
                                               periods vary only slightly (See Bates
                                               and Neyman, University of California                      Mr. Haubert, 41, has a prosthetic right             sufficient vision to operate a
                                               Publications in Statistics, April 1952).                eye due to a traumatic incident in 2013.              commercial vehicle.’’ Mr. Lathrop
                                               Other studies demonstrated theories of                  The visual acuity in his right eye is 20/             reported that he has driven straight
                                               predicting crash proneness from crash                   20, and in his left eye, no light                     trucks for 29 years, accumulating 1.45
                                               history coupled with other factors.                     perception. Following an examination                  million miles, and tractor-trailer
                                               These factors—such as age, sex,                         in 2018, his optometrist stated,                      combinations for 29 years, accumulating
                                               geographic location, mileage driven and                 ‘‘Michael, it is in my medical opinion                1.45 million miles. He holds a Class A
                                               conviction history—are used every day                   you have sufficient vision to perform                 CDL from North Carolina. His driving
                                               by insurance companies and motor                        the driving tasks necessary to operate a              record for the last three years shows no
                                               vehicle bureaus to predict the                          commercial vehicle.’’ Mr. Haubert                     crashes and no convictions for moving
                                               probability of an individual                            reported that he has driven straight                  violations in a CMV.
                                               experiencing future crashes (See Weber,                 trucks for 17 years, accumulating
                                                                                                       221,000 miles, and tractor-trailer                    Terrence A. Odrick
                                               Donald C., ‘‘Accident Rate Potential: An
                                               Application of Multiple Regression                      combinations for 17 years, accumulating                  Mr. Odrick, 53, has had amblyopia in
                                               Analysis of a Poisson Process,’’ Journal                85,00 miles. He holds a Class ABCD                    his right eye since birth. The visual
                                               of American Statistical Association,                    CDL from Wisconsin. His driving record                acuity in his right eye is 20/150, and in
                                               June 1971). A 1964 California Driver                    for the last three years shows no crashes             his left eye, 20/15. Following an
                                               Record Study prepared by the California                 and no convictions for moving                         examination in 2018, his optometrist
                                               Department of Motor Vehicles                            violations in a CMV.                                  stated, ‘‘Patient has sufficient vision to
                                               concluded that the best overall crash                   Thomas R. Krentz                                      drive a commercial vehicle.’’
                                               predictor for both concurrent and                                                                                Mr. Odrick reported that he has
                                                                                                          Mr. Krentz, 30, has had optic atrophy              driven buses for 29 years, accumulating
                                               nonconcurrent events is the number of                   in his right eye due to a traumatic
                                               single convictions. This study used                                                                           471,250 miles. He holds an operator’s
                                                                                                       incident in 2003. The visual acuity in                license from Delaware. His driving
                                               three consecutive years of data,                        his right eye is light perception, and in
                                               comparing the experiences of drivers in                                                                       record for the last three years shows no
                                                                                                       his left eye, 20/20. Following an                     crashes and no convictions for moving
                                               the first two years with their                          examination in 2018, his optometrist
                                               experiences in the final year.                                                                                violations in a CMV.
                                                                                                       stated, ‘‘I, Timothy J. Goldsmith,
                                               II. Qualifications of Applicants                        Optometrist certify in my medical                     James B. Powell
                                                                                                       opinion that Thomas Krentz has                           Mr. Powell, 54, has had iris coloboma
                                               Joseph W. Davis                                         sufficient vision to perform the driving              in his left eye due to a traumatic
                                                  Mr. Davis, 63, has had a central                     tasks required to operate a commercial                incident in childhood. The visual acuity
                                               retinal vein occlusion in his right eye                 vehicle.’’ Mr. Krentz reported that he                in his right eye is 20/20, and in his left
                                               since 2012. The visual acuity in his                    has driven straight trucks for 13 years,              eye, 20/800. Following an examination
                                               right eye is hand motion, and in his left               accumulating 130,000 miles, and                       in 2018, his optometrist stated, ‘‘In my
                                               eye, 20/20. Following an examination in                 tractor-trailer combinations for 13 years,            medical opinion, Mr. Jim Powell has
                                               2018, his ophthalmologist stated, ‘‘In                  accumulating 455,000 miles. He holds a                sufficient vision to perform the driving
                                               my medical opinion, this gentleman has                  Class A CDL from Minnesota. His                       tasks required to operate a commercial
                                               sufficient vision to perform the driving                driving record for the last three years               vehicle.’’ Mr. Powell reported that he
                                               tasks required to operate a commercial                  shows no crashes and no convictions for               has driven straight trucks for 25 years,
                                               vehicle.’’ Mr. Davis reported that he has               moving violations in a CMV.                           accumulating 1.25 million miles, and
                                               driven tractor-trailer combinations for                                                                       tractor-trailer combinations for 11 years,
                                                                                                       Phil M. Lamp
                                               five years, accumulating 550,000 miles.                                                                       accumulating 550,000 miles. He holds a
                                               He holds a Class A CDL from North                          Mr. Lamp, 45, has a prosthetic left eye            Class AM CDL from Illinois. His driving
                                               Carolina. His driving record for the last               due to a traumatic incident in 1984. The              record for the last three years shows no
                                               three years shows no crashes and no                     visual acuity in his right eye is 20/20,              crashes and no convictions for moving
                                               convictions for moving violations in a                  and in his left eye, no light perception.             violations in a CMV.
                                               CMV.                                                    Following an examination in 2018, his
                                                                                                       optometrist stated, ‘‘Overall I feel that             Raymond C. Smith
                                               Joshua D. Giles                                         Mr. Lamp has sufficient vision to                       Mr. Smith, 63, has a prosthetic left
                                                 Mr. Giles, 39, has had amblyopia in                   perform the driving tasks required to                 eye due to a traumatic incident in
                                               his right eye since birth. The visual                   operate a commercial vehicle.’’ Mr.                   childhood. The visual acuity in his right
daltland on DSKBBV9HB2PROD with NOTICES




                                               acuity in his right eye is 20/15, and in                Lamp reported that he has driven                      eye is 20/20, and in his left eye, no light
                                               his left eye, 20/50. Following an                       straight trucks for 20 years,                         perception. Following an examination
                                               examination in 2018, his                                accumulating 500,000 miles, and                       in 2018, his ophthalmologist stated, ‘‘In
                                               ophthalmologist stated, ‘‘In my medical                 tractor-trailer combinations for 16 years,            my opinion as an ophthalmologist, he
                                               opinion, Mr. Giles has sufficient vision                accumulating 400,000 miles. He holds a                has more than sufficient vision to
                                               to perform driving tasks required to                    Class A CDL from West Virginia. His                   perform driving tasks of operating a
                                               operate commercial vehicles.’’ Mr. Giles                driving record for the last three years               commercial vehicle using dual mirrors.’’


                                          VerDate Sep<11>2014   16:39 May 25, 2018   Jkt 244001   PO 00000   Frm 00130   Fmt 4703   Sfmt 4703   E:\FR\FM\29MYN1.SGM   29MYN1


                                                                              Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Notices                                           24587

                                               Mr. Smith reported that he has driven                   III. Request for Comments                             DEPARTMENT OF TRANSPORTATION
                                               straight trucks for eight years,
                                               accumulating 328,000 miles. He holds                      In accordance with 49 U.S.C. 31136(e)               Federal Motor Carrier Safety
                                               an operator’s license from Pennsylvania.                and 31315, FMCSA requests public                      Administration
                                               His driving record for the last three                   comment from all interested persons on
                                                                                                                                                             [Docket No. FMCSA–1999–5578; FMCSA–
                                               years shows no crashes and no                           the exemption petitions described in                  2001–10578; FMCSA–2002–12844; FMCSA–
                                               convictions for moving violations in a                  this notice. We will consider all                     2003–14223; FMCSA–2003–16564; FMCSA–
                                               CMV.                                                    comments and material received before                 2005–21711; FMCSA–2005–22194; FMCSA–
                                                                                                       the close of business on the closing date             2005–22727; FMCSA–2005–23099; FMCSA–
                                               Zebrial C. Stahmer                                      indicated in the dates section of the                 2006–24783; FMCSA–2007–0017; FMCSA–
                                                                                                       notice.                                               2007–0071; FMCSA–2007–27897; FMCSA–
                                                 Mr. Stahmer, 33, has had amblyopia                                                                          2009–0291; FMCSA–2009–0303; FMCSA–
                                               in his right eye since childhood. The                   IV. Submitting Comments                               2011–0140; FMCSA–2011–0141; FMCSA–
                                               visual acuity in his right eye is 20/200,                                                                     2011–0325; FMCSA–2011–0365; FMCSA–
                                               and in his left eye, 20/20. Following an                   You may submit your comments and                   2011–0366; FMCSA–2013–0168; FMCSA–
                                               examination in 2018, his optometrist                    material online or by fax, mail, or hand              2013–0169; FMCSA–2013–0170; FMCSA–
                                                                                                       delivery, but please use only one of                  2013–0174; FMCSA–2015–0053; FMCSA–
                                               stated, ‘‘In my medical opinion, Mr.                                                                          2015–0055; FMCSA–2015–0056; FMCSA–
                                               Stahmer has sufficient vision to perform                these means. FMCSA recommends that
                                                                                                                                                             2015–0070; FMCSA–2015–0072; FMCSA–
                                               the driving tasks required to operate a                 you include your name and a mailing                   2015–0344; FMCSA–2015–0345; FMCSA–
                                               commercial vehicle.’’ Mr. Stahmer                       address, an email address, or a phone                 2015–0347; FMCSA–2015–0348]
                                               reported that he has driven straight                    number in the body of your document
                                               trucks for ten years, accumulating 1.04                 so that FMCSA can contact you if there                Qualification of Drivers; Exemption
                                               million miles, and tractor-trailer                      are questions regarding your                          Applications; Vision
                                               combinations for six years,                             submission.                                           AGENCY: Federal Motor Carrier Safety
                                               accumulating 168,480 miles. He holds a                     To submit your comment online, go to               Administration (FMCSA), DOT.
                                               Class A CDL from Montana. His driving                   http://www.regulations.gov and in the                 ACTION: Notice of final disposition.
                                               record for the last three years shows no                search box insert the docket number
                                               crashes and no convictions for moving                   FMCSA–2018–0011 and click the search                  SUMMARY:   FMCSA announces its
                                               violations in a CMV.                                    button. When the new screen appears,                  decision to renew exemptions for 85
                                                                                                       click on the blue ‘‘Comment Now!’’                    individuals from the vision requirement
                                               Leon W. Tanksley, III                                                                                         in the Federal Motor Carrier Safety
                                                                                                       button on the right hand side of the
                                                  Mr. Tanksley, 40, has had amblyopia                  page. On the new page, enter                          Regulations (FMCSRs) for interstate
                                               in his right eye since childhood. The                   information required including the                    commercial motor vehicle (CMV)
                                               visual acuity in his right eye is 20/150,                                                                     drivers. The exemptions enable these
                                                                                                       specific section of this document to
                                               and in his left eye, 20/20. Following an                                                                      individuals to continue to operate CMVs
                                                                                                       which each comment applies, and
                                               examination in 2017, his                                                                                      in interstate commerce without meeting
                                                                                                       provide a reason for each suggestion or
                                               ophthalmologist stated, ‘‘His visual field                                                                    the vision requirement in one eye.
                                                                                                       recommendation. If you submit your
                                               with both eyes open is normal along                                                                           DATES: Each group of renewed
                                                                                                       comments by mail or hand delivery,
                                               with a 120-degree horizontal axis and in                                                                      exemptions were applicable on the
                                                                                                       submit them in an unbound format, no
                                               my medical opinion, the vision out of                                                                         dates stated in the discussions below
                                                                                                       larger than 81⁄2 by 11 inches, suitable for           and will expire on the dates stated in
                                               his good eye is sufficient to operate a                 copying and electronic filing. If you
                                               commercial vehicle.’’ Mr. Tanksley                                                                            the discussions below.
                                                                                                       submit comments by mail and would
                                               reported that he has driven tractor-                                                                          FOR FURTHER INFORMATION CONTACT: Ms.
                                                                                                       like to know that they reached the
                                               trailer combinations for eight years,                                                                         Christine A. Hydock, Chief, Medical
                                                                                                       facility, please enclose a stamped, self-             Programs Division, 202–366–4001,
                                               accumulating 760,000 miles. He holds a                  addressed postcard or envelope.
                                               Class A CDL from Georgia. His driving                                                                         fmcsamedical@dot.gov, FMCSA,
                                               record for the last three years shows no                   We will consider all comments and                  Department of Transportation, 1200
                                               crashes and no convictions for moving                   materials received during the comment                 New Jersey Avenue SE, Room W64–224,
                                               violations in a CMV.                                    period. FMCSA may issue a final                       Washington, DC 20590–0001. Office
                                                                                                       determination at any time after the close             hours are from 8:30 a.m. to 5 p.m., e.t.,
                                               Timothy E. Thomas                                       of the comment period.                                Monday through Friday, except Federal
                                                                                                                                                             holidays. If you have questions
                                                  Mr. Thomas, 44, has a prosthetic right               V. Viewing Comments and Documents                     regarding viewing or submitting
                                               eye due to a traumatic incident in 2002.                                                                      material to the docket, contact Docket
                                               The visual acuity in his right eye is no                  To view comments, as well as any
                                                                                                       documents mentioned in this preamble,                 Services, telephone (202) 366–9826.
                                               light perception, and in his left eye, 20/                                                                    SUPPLEMENTARY INFORMATION:
                                               20. Following an examination in 2018,                   go to http://www.regulations.gov and in
                                               his optometrist stated, ‘‘Patient has                   the search box insert the docket number               I. Electronic Access
                                               sufficient vision in his left eye to                    FMCSA–2018–0011 and click ‘‘Search.’’
                                                                                                                                                               You may see all the comments online
                                               operate a commercial vehicle.’’ Mr.                     Next, click ‘‘Open Docket Folder’’ and                through the Federal Document
                                               Thomas reported that he has driven                      you will find all documents and                       Management System (FDMS) at: http://
daltland on DSKBBV9HB2PROD with NOTICES




                                               tractor-trailer combinations for 20 years,              comments related to this notice.                      www.regulations.gov.
                                               accumulating 1.1 million miles. He                        Issued on: May 17, 2018.                              Docket: For access to the docket to
                                               holds a Class A CDL from North                          Larry W. Minor,                                       read background documents or
                                               Carolina. His driving record for the last                                                                     comments, go to http://
                                                                                                       Associate Administrator for Policy.
                                               three years shows no crashes and no                                                                           www.regulations.gov and/or Room
                                                                                                       [FR Doc. 2018–11408 Filed 5–25–18; 8:45 am]
                                               convictions for moving violations in a                                                                        W12–140 on the ground level of the
                                               CMV.                                                    BILLING CODE 4910–EX–P                                West Building, 1200 New Jersey Avenue


                                          VerDate Sep<11>2014   16:39 May 25, 2018   Jkt 244001   PO 00000   Frm 00131   Fmt 4703   Sfmt 4703   E:\FR\FM\29MYN1.SGM   29MYN1



Document Created: 2018-05-26 00:48:00
Document Modified: 2018-05-26 00:48:00
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of applications for exemption; request for comments.
DatesComments must be received on or before June 28, 2018.
ContactMs. 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 Citation83 FR 24585 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR