83 FR 28320 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 117 (June 18, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 117 (June 18, 2018)
| Page Range | 28320-28323 | |
| FR Document | 2018-13007 |
[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)] [Notices] [Pages 28320-28323] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-13007] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2018-0012] Qualification of Drivers; Exemption Applications; Vision AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. [[Page 28321]] 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 July 18, 2018. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-2018-0012 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 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, [[Page 28322]] 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 Mark F. Besco Mr. Besco, 27, has had a macular scar in his right eye since childhood. The visual acuity in his right eye is 20/100, and in his left eye, 20/20. Following an examination in 2018, his ophthalmologist stated, ``He has no color deficiency in either eye and in our professional medical opinion he has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Besco reported that he has driven straight trucks for two years, accumulating 13,000 miles, and tractor-trailer combinations for two years, accumulating 20,000 miles. He holds a Class A CDL from Iowa. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. William T. Cummins Mr. Cummins, 71, has complete loss of vision in his right eye due to a traumatic incident in 1979. 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, ``It is my medical opinion that Mr. Cummins has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Cummins reported that he has driven straight trucks for 15 years, accumulating 37,500 miles, and tractor-trailer combinations for 25 years, accumulating 1.56 million miles. He holds a Class DMA CDL from Kentucky. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Aaron L. Fox Mr. Fox, 34, had his left eye enucleated due to toxoplasmosis in childhood. The visual acuity in his right eye is 20/20, and in his left eye, no light perception. Following an examination in 2017, his ophthalmologist stated, ``I believe that Mr. Fox has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Fox reported that he has driven straight trucks for nine years, accumulating 450,000 miles and tractor-trailer combinations for one year, accumulating 117,000 miles. He holds a Class A CDL from Ohio. 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. Ryan N. Goyne Mr. Goyne, 37, has retinal scarring 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 2018, his optometrist stated, ``I feel Mr. Goyne has adequate vision to perform tasks required to operate a commercial vehicle.'' Mr. Goyne reported that he has driven straight trucks for six years, accumulating 36,000 miles. He holds an operator's license from Arkansas. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Eric M. Kohrs Mr. Kohrs, 26, 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 2018, his optometrist stated, ``In my opinion, given Eric's total visual field OU and BCVA OU Eric should be able to perform the required visual tasks to operate a commercial vehicle.'' Mr. Kohrs reported that he has driven straight trucks for four years, accumulating 10,400 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. Michael P. Mazza Mr. Mazza, 51, has had a macular scar in his left eye since birth. The visual acuity in his right eye is 20/10, and in his left eye, 20/ 150. Following an examination in 2018, his optometrist stated, ``Mr. Mazza has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Mazza reported that he has driven straight trucks for 32 years, accumulating 1.6 million miles and tractor-trailer combinations for 16 years, accumulating 800,000 miles. He holds a Class A CDL from Washington. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. James L. Okonek Mr. Okonek, 54, had his left eye enucleated due to a tumor in 2006. 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, ``It is my medical opinion that Mr. Okonek has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Okonek reported that he has driven straight trucks for 14 years, accumulating 1.82 million miles, tractor-trailer combinations for five years, accumulating 50,000 miles, and buses for five years, accumulating 60,000 miles. He holds a Class ABCDM CDL from Wisconsin. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Jeffrey S. Rockhill Mr. Rockhill, 37, has had amblyopia in his right eye since childhood. The visual acuity in his right eye is 20/400, and in his left eye, 20/20. Following an examination in 2018, his optometrist stated, ``Jeff has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Rockhill reported that he has driven straight trucks for 17 years, accumulating 34,000 miles, and tractor-trailer combinations for 17 years, accumulating 51,000 miles. He holds a Class A CDL from Kansas. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Travis D. Summerville Mr. Summerville, 38, has aphakia in his left eye due to a traumatic incident in childhood. The visual acuity in his right eye is 20/20, and in his left eye, hand motion. Following an examination in 2018, his optometrist stated, ``Mr. Summerville has sufficient vision to operate a commercial vehicle.'' Mr. Summerville reported that he has driven straight trucks for three years, accumulating 50,400 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. Lora D. Swindall Ms. Swindall, 50, has had amblyopia in her right eye since birth. The visual acuity in her right eye is 20/200, and in her left eye, 20/ 20. Following an examination in 2018, her optometrist stated, ``In my medical opinion, Ms. Swindall's vision is sufficient for safely operating a motorized commercial vehicle.'' Ms. Swindall reported that she has driven straight trucks for 12 years, [[Page 28323]] accumulating 300,000 miles, and tractor-trailer combinations for 12 years, accumulating 780,000 miles. She holds a Class AM CDL from Alabama. Her driving record for the last three years shows one crash, which she was not cited for, and no convictions for moving violations in a CMV. Francis J. Toth Mr. Toth, 61, has complete loss of vision in his left eye due to a traumatic incident in 2012. The visual acuity in his right eye is 20/ 20, and in his left eye, no light perception. Following an examination in 2017, his ophthalmologist stated, ``In my professional opinion, Mr. Toth does have sufficient vision to perform the driving test required to operate a commercial vehicle.'' Mr. Toth reported that he has driven tractor-trailer combinations for 38 years, accumulating 2.85 million 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. Joseph A. Zaccaro Mr. Zaccaro, 77, has had a chorioretinal scar in his left eye since 1992. The visual acuity in his right eye is 20/30, and in his left eye, 20/300. Following an examination in 2018, his ophthalmologist stated, ``In Dr. Mock's professional opinion, the patient has sufficient vision to operated [sic] a commercial vehicle.'' Mr. Zaccaro reported that he has driven straight trucks for 40 years, accumulating 600,000 miles, and tractor-trailer combinations for 40 years, accumulating 600,000 miles. He holds a Class A CDL from Alabama. 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-2018-0012 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-2018-0012 and click ``Search.'' Next, click ``Open Docket Folder'' and you will find all documents and comments related to this notice. Issued on: June 11, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-13007 Filed 6-15-18; 8:45 am] BILLING CODE 4910-EX-P
![28320 Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices
Avenue SE, Washington, DC, between 9 49 CFR 391.41(b)(11) was adopted in exemptions are applicable as of May 18,
a.m. and 5 p.m., e.t., Monday through 1970, with a revision in 1971 to allow 2018, and will expire on May 18, 2020.
Friday, except Federal holidays. The drivers to be qualified under this
IV. Conditions and Requirements
FDMS is available 24 hours each day, standard while wearing a hearing aid,
365 days each year. If you want 35 FR 6458, 6463 (April 22, 1970) and The exemptions are extended subject
acknowledgment that we received your 36 FR 12857 (July 3, 1971). to the following conditions: (1) Each
comments, please include a self- The 3 individuals listed in this notice driver must report any crashes or
addressed, stamped envelope or have requested renewal of their accidents as defined in 49 CFR 390.5;
postcard or print the acknowledgement exemptions from the hearing standard and (2) report all citations and
page that appears after submitting in 49 CFR 391.41(b)(11), in accordance convictions for disqualifying offenses
comments online. with FMCSA procedures. Accordingly, under 49 CFR part 383 and 49 CFR 391
Privacy Act: In accordance with 5 FMCSA has evaluated these to FMCSA; and (3) each driver
U.S.C. 553(c), DOT solicits comments applications for renewal on their merits prohibited from operating a motorcoach
from the public to better inform its and decided to extend each exemption or bus with passengers in interstate
rulemaking process. DOT posts these for a renewable two-year period. commerce. The driver must also have a
comments, without edit, including any II. Request for Comments copy of the exemption when driving, for
personal information the commenter presentation to a duly authorized
Interested parties or organizations Federal, State, or local enforcement
provides, to http://www.regulations.gov,
possessing information that would official. In addition, the exemption does
as described in the system of records
otherwise show that any, or all, of these not exempt the individual from meeting
notice (DOT/ALL–14 FDMS), which can
drivers are not currently achieving the the applicable CDL testing
be reviewed at http://www.dot.gov/
statutory level of safety should requirements. Each exemption will be
privacy.
immediately notify FMCSA. The valid for two years unless rescinded
FOR FURTHER INFORMATION CONTACT: Ms. Agency will evaluate any adverse earlier by FMCSA. The exemption will
Christine A. Hydock, Chief, Medical evidence submitted and, if safety is be rescinded if: (1) The person fails to
Programs Division, 202–366–4001, being compromised or if continuation of comply with the terms and conditions
fmcsamedical@dot.gov, FMCSA, the exemption would not be consistent of the exemption; (2) the exemption has
Department of Transportation, 1200 with the goals and objectives of 49 resulted in a lower level of safety than
New Jersey Avenue SE, Room W64–224, U.S.C. 31136(e) and 31315, FMCSA will was maintained before it was granted; or
Washington, DC 20590–0001. Office take immediate steps to revoke the (3) continuation of the exemption would
hours are from 8:30 a.m. to 5 p.m., e.t., exemption of a driver. not be consistent with the goals and
Monday through Friday, except Federal III. Basis for Renewing Exemptions objectives of 49 U.S.C. 31136(e) and
holidays. If you have questions 31315.
regarding viewing or submitting In accordance with 49 U.S.C. 31136(e)
material to the docket, contact Docket and 31315, each of the 19 applicants has V. Preemption
Services, telephone (202) 366–9826. satisfied the renewal conditions for During the period the exemption is in
obtaining an exemption from the effect, no State shall enforce any law or
SUPPLEMENTARY INFORMATION:
hearing requirement. The 19 drivers in regulation that conflicts with this
I. Background this notice remain in good standing with exemption with respect to a person
the Agency. In addition, for Commercial operating under the exemption.
Under 49 U.S.C. 31136(e) and 31315, Driver’s License (CDL) holders, the
FMCSA may grant an exemption for five Commercial Driver’s License VI. Conclusion
years if it finds ‘‘such exemption would Information System (CDLIS) and the
likely achieve a level of safety that is Based upon its evaluation of the 19
Motor Carrier Management Information exemption applications, FMCSA renews
equivalent to or greater than the level System (MCMIS) are searched for crash
that would be achieved absent such the exemptions of the aforementioned
and violation data. For non-CDL drivers from the hearing requirement in
exemption.’’ The statute also allows the holders, the Agency reviews the driving
Agency to renew exemptions at the end 49 CFR 391.41 (b)(11). In accordance
records from the State Driver’s with 49 U.S.C. 31136(e) and 31315, each
of the five-year period. FMCSA grants Licensing Agency (SDLA). These factors
exemptions from the FMCSRs for a two- exemption will be valid for two years
provide an adequate basis for predicting unless revoked earlier by FMCSA.
year period to align with the maximum each driver’s ability to continue to
duration of a driver’s medical safely operate a CMV in interstate Issued on: June 11, 2018.
certification. commerce. Therefore, FMCSA Larry W. Minor,
The physical qualification standard concludes that extending the exemption Associate Administrator for Policy.
for drivers regarding hearing found in for each of these drivers for a period of [FR Doc. 2018–13013 Filed 6–15–18; 8:45 am]
49 CFR 391.41(b)(11) states that a two years is likely to achieve a level of BILLING CODE 4910–EX–P
person is physically qualified to driver safety equal to that existing without the
a CMV if that person first perceives a exemption.
forced whispered voice in the better ear As of May 18, 2018, and in DEPARTMENT OF TRANSPORTATION
at not less than 5 feet with or without accordance with 49 U.S.C. 31136(e) and
the use of a hearing aid or, if tested by 31315, the following 3 individuals have Federal Motor Carrier Safety
use of an audiometric device, does not satisfied the renewal conditions for Administration
amozie on DSK3GDR082PROD with NOTICES1
have an average hearing loss in the obtaining an exemption from the
better ear greater than 40 decibels at 500 [Docket No. FMCSA–2018–0012]
hearing requirement in the FMCSRs for
Hz, 1,000 Hz, and 2,000 Hz with or interstate CMV drivers: Qualification of Drivers; Exemption
without a hearing aid when the Tom Buretz, (FL); James Dalrymple, Applications; Vision
audiometric device is calibrated to (AZ); and Derron Washington. (IL).
American National Standard (formerly The drivers were included in docket AGENCY:Federal Motor Carrier Safety
ASA Standard) Z24.5—1951. number FMCSA–2015–0328. Their Administration (FMCSA), DOT.
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![Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices 28323
accumulating 300,000 miles, and so that FMCSA can contact you if there interstate commerce without meeting
tractor-trailer combinations for 12 years, are questions regarding your the vision requirement in one eye.
accumulating 780,000 miles. She holds submission. DATES: The exemptions were applicable
a Class AM CDL from Alabama. Her To submit your comment online, go to on May 10, 2018. The exemptions
driving record for the last three years http://www.regulations.gov and in the expire on May 10, 2020.
shows one crash, which she was not search box insert the docket number
FOR FURTHER INFORMATION CONTACT: Ms.
cited for, and no convictions for moving FMCSA–2018–0012 and click the search
Christine A. Hydock, Chief, Medical
violations in a CMV. button. When the new screen appears,
Programs Division, (202) 366–4001,
click on the blue ‘‘Comment Now!’’
Francis J. Toth fmcsamedical@dot.gov, FMCSA,
button on the right hand side of the
Department of Transportation, 1200
Mr. Toth, 61, has complete loss of page. On the new page, enter
New Jersey Avenue SE, Room W64–224,
vision in his left eye due to a traumatic information required including the
Washington, DC 20590–0001. Office
incident in 2012. The visual acuity in specific section of this document to
hours are from 8:30 a.m. to 5 p.m., e.t.,
his right eye is 20/20, and in his left eye, which each comment applies, and
provide a reason for each suggestion or Monday through Friday, except Federal
no light perception. Following an
recommendation. If you submit your holidays. If you have questions
examination in 2017, his
comments by mail or hand delivery, regarding viewing or submitting
ophthalmologist stated, ‘‘In my
submit them in an unbound format, no material to the docket, contact Docket
professional opinion, Mr. Toth does
larger than 81⁄2 by 11 inches, suitable for Services, telephone (202) 366–9826.
have sufficient vision to perform the
driving test required to operate a copying and electronic filing. If you SUPPLEMENTARY INFORMATION:
commercial vehicle.’’ Mr. Toth reported submit comments by mail and would I. Electronic Access
that he has driven tractor-trailer like to know that they reached the
combinations for 38 years, accumulating facility, please enclose a stamped, self- You may see all the comments online
2.85 million miles. He holds an addressed postcard or envelope. through the Federal Document
operator’s license from Pennsylvania. We will consider all comments and Management System (FDMS) at http://
His driving record for the last three materials received during the comment www.regulations.gov.
years shows no crashes and no period. FMCSA may issue a final Docket: For access to the docket to
convictions for moving violations in a determination at any time after the close read background documents or
CMV. of the comment period. comments, go to http://
www.regulations.gov and/or Room
Joseph A. Zaccaro V. Viewing Comments and Documents W12–140 on the ground level of the
Mr. Zaccaro, 77, has had a To view comments, as well as any West Building, 1200 New Jersey Avenue
chorioretinal scar in his left eye since documents mentioned in this preamble, SE, Washington, DC, between 9 a.m. and
1992. The visual acuity in his right eye go to http://www.regulations.gov and in 5 p.m., e.t., Monday through Friday,
is 20/30, and in his left eye, 20/300. the search box insert the docket number except Federal holidays.
Following an examination in 2018, his FMCSA–2018–0012 and click ‘‘Search.’’ Privacy Act: In accordance with 5
ophthalmologist stated, ‘‘In Dr. Mock’s Next, click ‘‘Open Docket Folder’’ and U.S.C. 553(c), DOT solicits comments
professional opinion, the patient has you will find all documents and from the public to better inform its
sufficient vision to operated [sic] a comments related to this notice. rulemaking process. DOT posts these
commercial vehicle.’’ Mr. Zaccaro Issued on: June 11, 2018.
comments, without edit, including any
reported that he has driven straight personal information the commenter
Larry W. Minor,
trucks for 40 years, accumulating provides, to http://www.regulations.gov,
Associate Administrator for Policy.
600,000 miles, and tractor-trailer as described in the system of records
[FR Doc. 2018–13007 Filed 6–15–18; 8:45 am] notice (DOT/ALL–14 FDMS), which can
combinations for 40 years, accumulating
600,000 miles. He holds a Class A CDL
BILLING CODE 4910–EX–P be reviewed at http://www.dot.gov/
from Alabama. His driving record for privacy.
the last three years shows no crashes DEPARTMENT OF TRANSPORTATION II. Background
and no convictions for moving
violations in a CMV. On April 9, 2018, FMCSA published
Federal Motor Carrier Safety
a notice announcing receipt of
III. Request for Comments Administration
applications from 17 individuals
In accordance with 49 U.S.C. 31136(e) [Docket No. FMCSA–2018–0008] requesting an exemption from vision
and 31315, FMCSA requests public requirement in 49 CFR 391.41(b)(10)
Qualification of Drivers; Exemption and requested comments from the
comment from all interested persons on
Applications; Vision public (83 FR 15216). The public
the exemption petitions described in
this notice. We will consider all AGENCY: Federal Motor Carrier Safety comment period ended on May 9, 2018,
comments and material received before Administration (FMCSA), DOT. and one comment was received.
the close of business on the closing date ACTION: Notice of final disposition. FMCSA has evaluated the eligibility
indicated in the dates section of the of these applicants and determined that
notice. SUMMARY: FMCSA announces its granting the exemptions to these
decision to exempt 17 individuals from individuals would achieve a level of
IV. Submitting Comments the vision requirement in the Federal safety equivalent to or greater than the
amozie on DSK3GDR082PROD with NOTICES1
You may submit your comments and Motor Carrier Safety Regulations level that would be achieved by
material online or by fax, mail, or hand (FMCSRs) to operate a commercial complying with the current regulation
delivery, but please use only one of motor vehicle (CMV) in interstate 49 CFR 391.41(b)(10).
these means. FMCSA recommends that commerce. They are unable to meet the The physical qualification standard
you include your name and a mailing vision requirement in one eye for for drivers regarding vision found in 49
address, an email address, or a phone various reasons. The exemptions enable CFR 391.41(b)(10) states that a person is
number in the body of your document these individuals to operate CMVs in physically qualified to driver a CMV if
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Document Created: 2018-06-18 15:50:01
Document Modified: 2018-06-18 15:50:01
| 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 July 18, 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 28320 |
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