83 FR 28335 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 117 (June 18, 2018)

Page Range		28335-28337
FR Document		2018-13006
FMCSA announces receipt of applications from 11 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 117 (Monday, June 18, 2018)
[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)]
[Notices]
[Pages 28335-28337]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13006]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0013]


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 11 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-2018-0013 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 11 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.

[[Page 28336]]

    FMCSA believes it can properly apply the principle to monocular 
drivers, because data from the Federal Highway Administration's (FHWA) 
former waiver study program clearly demonstrated the driving 
performance of experienced monocular drivers in the program is better 
than that of all CMV drivers collectively (See 61 FR 13338, 13345, 
March 26, 1996). The fact that experienced monocular drivers 
demonstrated safe driving records in the waiver program supports a 
conclusion that other monocular drivers, meeting the same qualifying 
conditions as those required by the waiver program, are also likely to 
have adapted to their vision deficiency and will continue to operate 
safely.
    The first major research correlating past and future performance 
was done in England by Greenwood and Yule in 1920. Subsequent studies, 
building on that model, concluded that crash rates for the same 
individual exposed to certain risks for two different time periods vary 
only slightly (See Bates and Neyman, University of California 
Publications in Statistics, April 1952). Other studies demonstrated 
theories of predicting crash proneness from crash history coupled with 
other factors. These factors--such as age, sex, geographic location, 
mileage driven and conviction history--are used every day by insurance 
companies and motor vehicle bureaus to predict the probability of an 
individual experiencing future crashes (See Weber, Donald C., 
``Accident Rate Potential: An Application of Multiple Regression 
Analysis of a Poisson Process,'' Journal of American Statistical 
Association, June 1971). A 1964 California Driver Record Study prepared 
by the California Department of Motor Vehicles concluded that the best 
overall crash predictor for both concurrent and nonconcurrent events is 
the number of single convictions. This study used three consecutive 
years of data, comparing the experiences of drivers in the first two 
years with their experiences in the final year.

II. Qualifications of Applicants

Scott B. Barker

    Mr. Barker, 63, has had macular degeneration in his right eye since 
2011. The visual acuity in his right eye is 20/70, and in his left eye, 
20/20. Following an examination in 2018, his optometrist stated, ``Mr. 
Barker has ``sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' [sic].'' Mr. Barker reported that he 
has driven straight trucks for two years, accumulating 40,000 miles, 
and tractor-trailer combinations for 42 years, accumulating 2.5 million 
miles. He holds a Class A CDL from Washington. His driving record for 
the last three years shows no crashes and no convictions for moving 
violations in a CMV.

Christopher L. Binkley

    Mr. Binkley, 27, has retinal scarring in his right eye due to 
toxoplasmosis in childhood. The visual acuity in his right eye is 20/
400, and in his left eye, 20/15. Following an examination in 2018, his 
optometrist stated, ``It is my medical opinion that, in spite of 
reduced central acuity in the right eye, Christopher's excellent 
binocular acuity and full binocular visual field provide him sufficient 
vision to safely operate a commercial vehicle.'' Mr. Binkley reported 
that he has driven straight trucks for nine years, accumulating 162,000 
miles. He holds an operator's license from New Hampshire. His driving 
record for the last three years shows no crashes and no convictions for 
moving violations in a CMV.

Darrell B. Emery

    Mr. Emery, 42, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/20, and in his left eye, 20/
200. Following an examination in 2018, his optometrist stated, ``He has 
20/20 acuity with the right eye and 20/20 acuity with both eyes. This 
seems to be satisfactory for commercial driving.'' Mr. Emery reported 
that he has driven straight trucks for one year, accumulating 60,000 
miles and tractor-trailer combinations for three years, accumulating 
330,000 miles. He holds a Class A CDL from Texas. His driving record 
for the last three years shows no crashes and no convictions for moving 
violations in a CMV.

Louis D. Faw

    Mr. Faw, 63, has a macular scar in his left eye due to a traumatic 
incident in 2005. The visual acuity in his right eye is 20/20, and in 
his left eye, count fingers. Following an examination in 2018, his 
ophthalmologist stated, ``I certify that, in my opinion, the patient 
has sufficient vision to perform the task required to operate a 
commercial vehicle.'' Mr. Faw reported that he has driven straight 
trucks for 46 years, accumulating 667,000 miles, and tractor-trailer 
combinations for 35 years, accumulating 175,000 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.

Troy L. Hargrave

    Mr. Hargrave, 54, has had glaucoma in his left eye since 2014. The 
visual acuity in his right eye is 20/15, and in his left eye, no light 
perception. Following an examination in 2017, his ophthalmologist 
stated, ``Obviously, Mr. Hargrave has sufficient vision to perform 
driving tasks required to operate a commercial vehicle as he is 
currently legally driving a commercial vehicle for employment.'' Mr. 
Hargrave reported that he has driven straight trucks for 25 years, 
accumulating 650,000 miles, and tractor-trailer combinations for 12 
years, accumulating 1.2 million miles. He holds a Class A CDL from 
Missouri. His driving record for the last three years shows no crashes 
and no convictions for moving violations in a CMV.

Randall J. Kau

    Mr. Kau, 54, has had aphakia in his left eye since birth. 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, ``Mr. Kau has 
been driving for many years with his current vision and I feel he is 
safe to continue to operate a commercial vehicle.'' Mr. Kau reported 
that he has driven straight trucks for 30 years, accumulating 600,000 
miles. He holds an operator's license from Wisconsin. 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.

James O'Brien

    Mr. O'Brien, 51, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/20, and in his left eye, 20/
70. Following an examination in 2017, his optometrist stated, ``In my 
professional opinion he has sufficient vision to perform all driving 
tasks required to operate commercial vehicles.'' Mr. O'Brien reported 
that he has driven straight trucks for 32 years, accumulating 1.28 
million miles. He holds an operator's license from Massachusetts. His 
driving record for the last three years shows no crashes and no 
convictions for moving violations in a CMV.

Patrick A. Piekkola

    Mr. Piekkola, 44, has a prosthetic left eye due to a traumatic 
incident in 1980. 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, ``It is our opinion that Patrick has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Piekkola reported that he

[[Page 28337]]

has driven straight trucks for six years, accumulating 180,000 miles, 
and tractor-trailer combinations for four years, accumulating 40,000 
miles. He holds an operator's license from South Dakota. His driving 
record for the last three years shows no crashes and no convictions for 
moving violations in a CMV.

Marco A. Pinto

    Mr. Pinto, 70, has a prosthetic left eye due to a traumatic 
incident in 2001. 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, ``I believe he has sufficient vision to 
perform the driving tasks needed to operate a commercial vehicle.'' Mr. 
Pinto reported that he has driven tractor-trailer combinations for 54 
years, accumulating 5.4 million miles. He holds a Class A CDL from New 
York. His driving record for the last three years shows no crashes and 
no convictions for moving violations in a CMV.

Andrew R. Sampson, Jr.

    Mr. Sampson, 50, has complete loss of vision in his left eye due to 
a ruptured globe in childhood. The visual acuity in his right eye is 
20/15, and in his left eye, no light perception. Following an 
examination in 2018, his optometrist stated, ``I certify that Mr. 
Sampson, in my medical opinion, has sufficient vision to perform 
driving tasks required to operate a commercial vehicle.'' Mr. Sampson 
reported that he has driven straight trucks for 15 years, accumulating 
720,000 miles, and tractor-trailer combinations for two years, 
accumulating 80,000 miles. He holds a Class A CDL from Maryland. His 
driving record for the last three years shows no crashes and no 
convictions for moving violations in a CMV.

Khamla Vongvoraseng

    Ms. Vongvoraseng, 37, has had amblyopia in her right eye since 
childhood. The visual acuity in her right eye is 20/100, and in her 
left eye, 20/20. Following an examination in 2018, her optometrist 
stated, ``Without a doubt, I certify that in my medical opinion, Ms. 
Khamla Vongvoraseng has sufficient vision to perform the driving task 
required to operate a commercial vehicle.'' Ms. Vongvoraseng reported 
that she has driven straight trucks for five years, accumulating 
121,920 miles. She holds an operator's license from North Carolina. Her 
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-2018-0013 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-2018-0013 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. 2018-13006 Filed 6-15-18; 8:45 am]
 BILLING CODE 4910-EX-P
Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices 28335

exemption would not be consistent with • Hand Delivery: West Building Agency to renew exemptions at the end
the goals and objectives of 49 U.S.C. Ground Floor, Room W12–140, 1200 of the five-year period. FMCSA grants
31136(e) and 31315. New Jersey Avenue SE, Washington, exemptions from the FMCSRs for a two-
DC, between 9 a.m. and 5 p.m., e.t., year period to align with the maximum
V. Preemption
Monday through Friday, except Federal duration of a driver’s medical
During the period the exemption is in Holidays. certification.
effect, no State shall enforce any law or • Fax: 1–202–493–2251. The 11 individuals listed in this
regulation that conflicts with this Instructions: Each submission must notice have requested an exemption
exemption with respect to a person include the Agency name and the from the vision requirement in 49 CFR
operating under the exemption. docket number(s) for this notice. Note 391.41(b)(10). Accordingly, the Agency
VI. Conclusion that all comments received will be will evaluate the qualifications of each
posted without change to http:// applicant to determine whether granting
Based upon its evaluation of the 95 www.regulations.gov, including any an exemption will achieve the required
exemption applications, FMCSA renews personal information provided. Please level of safety mandated by statute.
the exemptions of the aforementioned see the Privacy Act heading below for The physical qualification standard
drivers from the vision requirement in further information. for drivers regarding vision found in 49
49 CFR 391.41(b)(10), subject to the Docket: For access to the docket to CFR 391.41(b)(10) states that a person is
requirements cited above. In accordance read background documents or physically qualified to drive a CMV if
with 49 U.S.C. 31136(e) and 31315, each comments, go to http:// that person has distant visual acuity of
exemption will be valid for two years www.regulations.gov at any time or at least 20/40 (Snellen) in each eye
unless revoked earlier by FMCSA. Room W12–140 on the ground level of without corrective lenses or visual
Issued on: June 11, 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
[FR Doc. 2018–13004 Filed 6–15–18; 8:45 am] Friday, except Federal holidays. The least 20/40 (Snellen) in both eyes with
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–2018–0013] Waiver Program, which listed the
Privacy Act: In accordance with 5
Qualification of Drivers; Exemption U.S.C. 553(c), DOT solicits comments conditions and reporting standards that
Applications; Vision from the public to better inform its CMV drivers approved for participation
rulemaking process. DOT posts these would need to meet (Qualification of
AGENCY: Federal Motor Carrier Safety 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 exemptions made by § 4007 of the
applications from 11 individuals for an be reviewed at http://www.dot.gov/
Transportation Equity Act for the 21st
exemption from the vision requirement privacy.
Century (TEA–21), Public Law 105–178,
in the Federal Motor Carrier Safety FOR FURTHER INFORMATION CONTACT: Ms. 112 Stat. 107, 401 (June 9, 1998). Vision
Regulations (FMCSRs) to operate a Christine A. Hydock, Chief, Medical exemptions are considered under the
commercial motor vehicle (CMV) in Programs Division, (202) 366–4001, procedures established in 49 CFR part
interstate commerce. If granted, the fmcsamedical@dot.gov, FMCSA, 381 subpart C, on a case-by-case basis
exemptions will enable these Department of Transportation, 1200 upon application by CMV drivers who
individuals to operate CMVs in New Jersey Avenue SE, Room W64–224, do not meet the vision standards of 49
interstate commerce without meeting Washington, DC 20590–0001. Office CFR 391.41(b)(10).
the vision requirement in one eye. hours are 8:30 a.m. to 5 p.m., e.t., To qualify for an exemption from the
DATES: Comments must be received on Monday through Friday, except Federal vision requirement, FMCSA requires a
or before July 18, 2018. holidays. If you have questions person to present verifiable evidence
ADDRESSES: You may submit comments regarding viewing or submitting that he/she has driven a commercial
bearing the Federal Docket Management material to the docket, contact Docket vehicle safely with the vision deficiency
System (FDMS) Docket No. FMCSA– Services, telephone (202) 366–9826. for the past three years. Recent driving
2018–0013 using any of the following SUPPLEMENTARY INFORMATION: performance is especially important in
methods: evaluating future safety, according to
• Federal eRulemaking Portal: Go to I. Background several research studies designed to
http://www.regulations.gov. Follow the Under 49 U.S.C. 31136(e) and 31315, correlate past and future driving
amozie on DSK3GDR082PROD with NOTICES1

online instructions for submitting FMCSA may grant an exemption from performance. Results of these studies
comments. the FMCSRs for a five-year period if it support the principle that the best
• Mail: Docket Management Facility; finds ‘‘such exemption would likely predictor of future performance by a
U.S. Department of Transportation, 1200 achieve a level of safety that is driver is his/her past record of crashes
New Jersey Avenue SE, West Building equivalent to or greater than the level and traffic violations. Copies of the
Ground Floor, Room W12–140, that would be achieved absent such studies may be found at Docket Number
Washington, DC 20590–0001. exemption.’’ The statute also allows the FMCSA–1998–3637.

VerDate Sep<11>2014 18:00 Jun 15, 2018 Jkt 244001 PO 00000 Frm 00154 Fmt 4703 Sfmt 4703 E:\FR\FM\18JNN1.SGM 18JNN1
28336 Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices

FMCSA believes it can properly apply tractor-trailer combinations for 42 years, Troy L. Hargrave
the principle to monocular drivers, accumulating 2.5 million miles. He Mr. Hargrave, 54, has had glaucoma in
because data from the Federal Highway holds a Class A CDL from Washington. his left eye since 2014. The visual acuity
Administration’s (FHWA) former waiver His driving record for the last three in his right eye is 20/15, and in his left
study program clearly demonstrated the years shows no crashes and no eye, no light perception. Following an
driving performance of experienced convictions for moving violations in a examination in 2017, his
monocular drivers in the program is CMV. ophthalmologist stated, ‘‘Obviously, Mr.
better than that of all CMV drivers Hargrave has sufficient vision to
Christopher L. Binkley
collectively (See 61 FR 13338, 13345, perform driving tasks required to
March 26, 1996). The fact that Mr. Binkley, 27, has retinal scarring in operate a commercial vehicle as he is
experienced monocular drivers his right eye due to toxoplasmosis in currently legally driving a commercial
demonstrated safe driving records in the childhood. The visual acuity in his right vehicle for employment.’’ Mr. Hargrave
waiver program supports a conclusion eye is 20/400, and in his left eye, 20/15. reported that he has driven straight
that other monocular drivers, meeting Following an examination in 2018, his trucks for 25 years, accumulating
the same qualifying conditions as those optometrist stated, ‘‘It is my medical 650,000 miles, and tractor-trailer
required by the waiver program, are also opinion that, in spite of reduced central combinations for 12 years, accumulating
likely to have adapted to their vision acuity in the right eye, Christopher’s 1.2 million miles. He holds a Class A
deficiency and will continue to operate excellent binocular acuity and full CDL from Missouri. His driving record
safely. binocular visual field provide him for the last three years shows no crashes
The first major research correlating sufficient vision to safely operate a and no convictions for moving
past and future performance was done commercial vehicle.’’ Mr. Binkley violations in a CMV.
in England by Greenwood and Yule in reported that he has driven straight
1920. Subsequent studies, building on Randall J. Kau
trucks for nine years, accumulating
that model, concluded that crash rates 162,000 miles. He holds an operator’s Mr. Kau, 54, has had aphakia in his
for the same individual exposed to license from New Hampshire. His left eye since birth. The visual acuity in
certain risks for two different time driving record for the last three years his right eye is 20/20, and in his left eye,
periods vary only slightly (See Bates shows no crashes and no convictions for 20/800. Following an examination in
and Neyman, University of California moving violations in a CMV. 2018, his optometrist stated, ‘‘Mr. Kau
Publications in Statistics, April 1952). has been driving for many years with
Other studies demonstrated theories of Darrell B. Emery his current vision and I feel he is safe
predicting crash proneness from crash Mr. Emery, 42, has had amblyopia in to continue to operate a commercial
history coupled with other factors. his left eye since childhood. The visual vehicle.’’ Mr. Kau reported that he has
These factors—such as age, sex, acuity in his right eye is 20/20, and in driven straight trucks for 30 years,
geographic location, mileage driven and his left eye, 20/200. Following an accumulating 600,000 miles. He holds
conviction history—are used every day examination in 2018, his optometrist an operator’s license from Wisconsin.
by insurance companies and motor stated, ‘‘He has 20/20 acuity with the His driving record for the last three
vehicle bureaus to predict the right eye and 20/20 acuity with both years shows one crash, for which he was
probability of an individual eyes. This seems to be satisfactory for not cited, and no convictions for moving
experiencing future crashes (See Weber, commercial driving.’’ Mr. Emery violations in a CMV.
Donald C., ‘‘Accident Rate Potential: An reported that he has driven straight James O’Brien
Application of Multiple Regression trucks for one year, accumulating 60,000
Analysis of a Poisson Process,’’ Journal Mr. O’Brien, 51, has had amblyopia in
miles and tractor-trailer combinations his left eye since childhood. The visual
of American Statistical Association, for three years, accumulating 330,000
June 1971). A 1964 California Driver acuity in his right eye is 20/20, and in
miles. He holds a Class A CDL from his left eye, 20/70. Following an
Record Study prepared by the California Texas. His driving record for the last
Department of Motor Vehicles examination in 2017, his optometrist
three years shows no crashes and no stated, ‘‘In my professional opinion he
concluded that the best overall crash convictions for moving violations in a
predictor for both concurrent and has sufficient vision to perform all
CMV. driving tasks required to operate
nonconcurrent events is the number of
single convictions. This study used Louis D. Faw commercial vehicles.’’ Mr. O’Brien
three consecutive years of data, reported that he has driven straight
Mr. Faw, 63, has a macular scar in his trucks for 32 years, accumulating 1.28
comparing the experiences of drivers in left eye due to a traumatic incident in million miles. He holds an operator’s
the first two years with their 2005. The visual acuity in his right eye license from Massachusetts. His driving
experiences in the final year. is 20/20, and in his left eye, count record for the last three years shows no
II. Qualifications of Applicants fingers. Following an examination in crashes and no convictions for moving
2018, his ophthalmologist stated, ‘‘I violations in a CMV.
Scott B. Barker certify that, in my opinion, the patient
Mr. Barker, 63, has had macular has sufficient vision to perform the task Patrick A. Piekkola
degeneration in his right eye since 2011. required to operate a commercial Mr. Piekkola, 44, has a prosthetic left
The visual acuity in his right eye is 20/ vehicle.’’ Mr. Faw reported that he has eye due to a traumatic incident in 1980.
70, and in his left eye, 20/20. Following driven straight trucks for 46 years, The visual acuity in his right eye is 20/
amozie on DSK3GDR082PROD with NOTICES1

an examination in 2018, his optometrist accumulating 667,000 miles, and 20, and in his left eye, no light
stated, ‘‘Mr. Barker has ‘‘sufficient tractor-trailer combinations for 35 years, perception. Following an examination
vision to perform the driving tasks accumulating 175,000 miles. He holds a in 2017, his ophthalmologist stated, ‘‘It
required to operate a commercial Class A CDL from North Carolina. His is our opinion that Patrick has sufficient
vehicle.’’ [sic].’’ Mr. Barker reported that driving record for the last three years vision to perform the driving tasks
he has driven straight trucks for two shows no crashes and no convictions for required to operate a commercial
years, accumulating 40,000 miles, and moving violations in a CMV. vehicle.’’ Mr. Piekkola reported that he

VerDate Sep<11>2014 18:00 Jun 15, 2018 Jkt 244001 PO 00000 Frm 00155 Fmt 4703 Sfmt 4703 E:\FR\FM\18JNN1.SGM 18JNN1
Document Created: 2018-06-18 15:50:11
Document Modified: 2018-06-18 15:50:11
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 28335
83 FR 28335 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 117 (June 18, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
