83 FR 33292 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 137 (July 17, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 137 (July 17, 2018)
| Page Range | 33292-33295 | |
| FR Document | 2018-15261 |
[Federal Register Volume 83, Number 137 (Tuesday, July 17, 2018)] [Notices] [Pages 33292-33295] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-15261] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2018-0014] 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 13 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 August 16, 2018. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-2018-0014 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, fmcsamedical@dot.gov, 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 13 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 [[Page 33293]] Meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing standard red, green, and amber. In July 1992, the Agency first published the criteria for the Vision Waiver Program, which listed the conditions and reporting standards that CMV drivers approved for participation would need to meet (Qualification of Drivers; Vision Waivers, 57 FR 31458, July 16, 1992). The current Vision Exemption Program was established in 1998, following the enactment of amendments to the statutes governing exemptions made by Sec. 4007 of the Transportation Equity Act for the 21st Century (TEA-21), Public Law 105-178, 112 Stat. 107, 401 (June 9, 1998). Vision exemptions are considered under the procedures established in 49 CFR part 381 subpart C, on a case-by-case basis upon application by CMV drivers who do not meet the vision standards of 49 CFR 391.41(b)(10). To qualify for an exemption from the vision requirement, FMCSA requires a person to present verifiable evidence that he/she has driven a commercial vehicle safely with the vision deficiency for the past three years. Recent driving performance is especially important in evaluating future safety, according to several research studies designed to correlate past and future driving performance. Results of these studies support the principle that the best predictor of future performance by a driver is his/her past record of crashes and traffic violations. Copies of the studies may be found at Docket Number FMCSA- 1998-3637. FMCSA believes it can properly apply the principle to monocular drivers, because data from the Federal Highway Administration's (FHWA) former waiver study program clearly demonstrated the driving performance of experienced monocular drivers in the program is better than that of all CMV drivers collectively (See 61 FR 13338, 13345, March 26, 1996). The fact that experienced monocular drivers demonstrated safe driving records in the waiver program supports a conclusion that other monocular drivers, meeting the same qualifying conditions as those required by the waiver program, are also likely to have adapted to their vision deficiency and will continue to operate safely. The first major research correlating past and future performance was done in England by Greenwood and Yule in 1920. Subsequent studies, building on that model, concluded that crash rates for the same individual exposed to certain risks for two different time periods vary only slightly (See Bates and Neyman, University of California Publications in Statistics, April 1952). Other studies demonstrated theories of predicting crash proneness from crash history coupled with other factors. These factors--such as age, sex, geographic location, mileage driven and conviction history--are used every day by insurance companies and motor vehicle bureaus to predict the probability of an individual experiencing future crashes (See Weber, Donald C., ``Accident Rate Potential: An Application of Multiple Regression Analysis of a Poisson Process,'' Journal of American Statistical Association, June 1971). A 1964 California Driver Record Study prepared by the California Department of Motor Vehicles concluded that the best overall crash predictor for both concurrent and nonconcurrent events is the number of single convictions. This study used three consecutive years of data, comparing the experiences of drivers in the first two years with their experiences in the final year. II. Qualifications of Applicants Ronald D. Blakely Mr. Blakely, 63, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/20, and in his left eye, 20/ 50. Following an examination in 2018, his optometrist stated, ``I feel that Ron has sufficient vision to perform the driving tasks required to operate a commercial vehicle since the amblyopia is longstanding, stable, and he is well adjusted.'' Mr. Blakely reported that he has driven straight trucks for 35 years, accumulating 1.58 million miles, and buses for one year, accumulating 25,000 miles. He holds a Class CB CDL from Michigan. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Homero Dominguez Mr. Dominguez, 51, has a prosthetic left eye due to a traumatic incident in 2000. 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, ``In my opinion Mr. Dominguez has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Dominguez reported that he has driven tractor-trailer combinations for four years, accumulating 340,000 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. Larry L. George Mr. George, 59, has had a corneal scar in his right eye since childhood. The visual acuity in his right eye is counting fingers, and in his left eye, 20/25. Following an examination in 2018, his ophthalmologist stated, ``Mr. George's vision is sufficient to drive a commercial vehicle.'' Mr. George reported that he has driven straight trucks for two years, accumulating 100,000 miles, and tractor-trailer combinations for 30 years, accumulating 6 million miles. He holds an operator's license from Louisiana. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Jason C. Hetrick Mr. Hetrick, 38, has complete loss of vision in his left eye due to a traumatic incident in 1987. 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, ``Based on my understanding of the visual requirements for commercial vehicle operation, Mr. Hetrick has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Hetrick reported that he has driven straight trucks for 25 years, accumulating 381,250 miles, and tractor-trailer combinations for seven years, accumulating 3,500 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. Michael A. Hildebrand Mr. Hildebrand, 40, has had posterior staphyloma in his right eye since childhood. The visual acuity in his right eye is count fingers, and in his left eye, 20/20. Following an examination in 2018, his optometrist stated, ``In my medical opinion, Michael Hildebrand has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Hildebrand reported that he has driven straight trucks for 12 years, accumulating 374,400 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. Junior M. Isenberg Mr. Isenberg, 63, has had amblyopia in his left eye since birth. 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, Junior Isenberg has sufficient vision to perform the [[Page 33294]] driving task to operate a commercial vehicle.'' Mr. Isenberg reported that he has driven straight trucks for 30 years, accumulating 1.5 million miles. He holds a Class B CDL from Kentucky. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. David G. Livingston Mr. Livingston, 55, 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, ``This is a second letter to express that it is my medical opinion that Mr. Livingston has sufficient vision in his left eye to perform the driving tasks required to operate a commercial vehicle.'' Mr. Livingston reported that he has driven straight trucks for 18 years, accumulating 360,000 miles, and tractor-trailer combinations for 18 years, accumulating 360,000 miles. He holds a Class A CDL from Vermont. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Joseph P. Markley Mr. Markley, 61, has had macular myelinated nerve fibers in his right eye since birth. The visual acuity in his right eye is counting fingers, and in his left eye, 20/25. Following an examination in 2018, his ophthalmologist stated, ``Mr. Markley has sufficient vision in left eye to perform the tasks required to operate a commercial vehicle.'' Mr. Markley reported that he has driven straight trucks for 39 years, accumulating 42,900 miles, and tractor-trailer combinations for 39 years, accumulating 91,650 miles. He holds a Class AM CDL from Pennsylvania. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Derek L. Redford Mr. Redford, 65, has an irregularly shaped pupil 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, counting fingers. Following an examination in 2018, his optometrist stated, ``I hereby certify that in my medical opinion the patient has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Redford reported that he has driven straight trucks for ten years, accumulating 500,000 miles. He holds an operator's license from Idaho. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. David Tavarez Mr. Tavarez, 49, has had amblyopia in his right eye since birth. The visual acuity in his right eye is hand motion, and in his left eye, 20/20. Following an examination in 2018, his optometrist stated, ``Based upon the color vision testing,binocular [sic] field of vision tests and quality of vision in his left eye, it is my medical opinion that Mr. David Tavarez can adequately operate a commercial motor vehicle at this time.'' Mr. Tavarez reported that he has driven straight trucks for 21 years, accumulating 630,000 miles. He holds an operator's license from New Jersey. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. William B. Van Drielen Mr. Van Drielen, 56, has a macular scar 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, 20/50. Following an examination in 2018, his optometrist stated, ``In my medical opinion, Mr. Vandrielen [sic] has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Van Drielen reported that he has driven straight trucks for five years, accumulating 1 million miles, and tractor-trailer combinations for 36 years, accumulating 3.85 million miles. He holds a Class AM CDL from Nevada. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Willie R. White, Jr. Mr. White, 62, has had optic nerve damage in his left eye since 2012. The visual acuity in his right eye is 20/20, and in his left eye, light perception. Following an examination in 2018, his optometrist stated, ``In my medical opinion this patient has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. White reported that he has driven straight trucks for ten years, accumulating 150,000 miles, and tractor-trailer combinations for 20 years, accumulating two million miles. He holds a Class A CDL from Nevada. His driving record for the last three years shows no crashes and one conviction for a moving violation in a CMV; he exceeded the speed limit by 9 mph. Curtis C. Williams Mr. Williams, 63, has a retinal detachment in his right eye due to a traumatic incident in 2010. The visual acuity in his right eye is hand motion, and in his left eye, 20/20. Following an examination in 2017, his optometrist stated, ``In my opinion Mr. Williams has sufficient vision to perform the daily task required to operate a commercial vehicle.'' Mr. Williams reported that he has driven straight trucks for 26 years, accumulating 1.24 million miles, and tractor- trailer combinations for 26 years, accumulating 1.24 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. 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-2018-0014 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-2018-0014 and click ``Search.'' [[Page 33295]] Next, click ``Open Docket Folder'' and you will find all documents and comments related to this notice. Issued on: July 12, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-15261 Filed 7-16-18; 8:45 am] BILLING CODE 4910-EX-P
![33292 Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Notices
they require excessive interaction. The DEPARTMENT OF TRANSPORTATION acknowledgment that we received your
exemption application states that, as a comments, please include a self-
result of frequent stops to pick up trash, Federal Motor Carrier Safety addressed, stamped envelope or
its drivers re required to interact with Administration postcard or print the acknowledgement
the ELD ‘‘hundreds if not thousands of page that appears after submitting
[Docket No. FMCSA–2018–0014]
times a day.’’ WMH asserts that ELDs comments online.
are not designed for such operations and Qualification of Drivers; Exemption Privacy Act: In accordance with 5
that they lack ‘‘a provision for blocking Applications; Vision U.S.C. 553(c), DOT solicits comments
service time.’’ WMH also states that the from the public to better inform its
ELDs do not accurately capture the duty AGENCY: Federal Motor Carrier Safety rulemaking process. DOT posts these
status of its drivers. According to the Administration (FMCSA), DOT. comments, without edit, including any
application, WMH has been actively ACTION: Notice of applications for personal information the commenter
working with its ELD provider to exemption; request for comments. provides, to http://www.regulations.gov,
improve ELD performance in this as described in the system of records
environment, but that progress has been SUMMARY: FMCSA announces receipt of notice (DOT/ALL–14 FDMS), which can
limited. WMH also asserts that the applications from 13 individuals for an be reviewed at http://www.dot.gov/
excessive driver-ELD interaction exemption from the vision requirement privacy.
impacts ‘‘driver safety and the safety of in the Federal Motor Carrier Safety
FOR FURTHER INFORMATION CONTACT: Ms.
the communities we serve.’’ Regulations (FMCSRs) to operate a
Christine A. Hydock, Chief, Medical
WMH notes that certain CMV drivers commercial motor vehicle (CMV) in
Programs Division, (202) 366–4001,
may already operate up to 14 hours interstate commerce. If granted, the
fmcsamedical@dot.gov, FMCSA,
without forfeiting short-haul status, for exemptions will enable these
Department of Transportation, 1200
example those in the ready-mixed individuals to operate CMVs in
New Jersey Avenue SE, Room W64–224,
concrete industry [49 CFR interstate commerce without meeting
Washington, DC 20590–0001. Office
395.1(e)(1)(ii)(B)] or the asphalt-paving the vision requirement in one eye.
hours are 8:30 a.m. to 5 p.m., e.t.,
business [83 FR 3864, Jan. 26, 2018]. It DATES: Comments must be received on Monday through Friday, except Federal
asserts that WMH’s operations are or before August 16, 2018. holidays. If you have questions
similar to these industries because its ADDRESSES: You may submit comments regarding viewing or submitting
drivers ‘‘spend a significant portion of bearing the Federal Docket Management material to the docket, contact Docket
their days conducting non-driving System (FDMS) Docket No. FMCSA– Services, telephone (202) 366–9826.
duties.’’ It states that WMH anticipates 2018–0014 using any of the following SUPPLEMENTARY INFORMATION:
‘‘no reduction in safety from the methods:
exemption requested, and a potential for • Federal eRulemaking Portal: Go to I. Background
increased safety due to reduced [driver] http://www.regulations.gov. Follow the Under 49 U.S.C. 31136(e) and 31315,
distraction.’’ online instructions for submitting FMCSA may grant an exemption from
WMH cites its fatigue management comments. the FMCSRs for a five-year period if it
program as further evidence that • Mail: Docket Management Facility; finds ‘‘such exemption would likely
operations with the exemption in place U.S. Department of Transportation, 1200 achieve a level of safety that is
would equal or exceed the level of New Jersey Avenue SE, West Building equivalent to or greater than the level
safety under the current HOS Ground Floor, Room W12–140, that would be achieved absent such
regulations. This program includes the Washington, DC 20590–0001. exemption.’’ The statute also allows the
use of video event recorders triggered by • Hand Delivery: West Building Agency to renew exemptions at the end
unusual events suggestive of driver Ground Floor, Room W12–140, 1200 of the five-year period. FMCSA grants
fatigue, like aggressive braking, steering, New Jersey Avenue SE, Washington, exemptions from the FMCSRs for a two-
or acceleration. When WMH’s DC, between 9 a.m. and 5 p.m., e.t., year period to align with the maximum
assessment of the recording indicates Monday through Friday, except Federal duration of a driver’s medical
that driver fatigue is involved, WMH Holidays. certification.
managers may discipline the driver. • Fax: 1–202–493–2251. The 13 individuals listed in this
More commonly, WMH managers assess Instructions: Each submission must notice have requested an exemption
the driver’s overall lifestyle and health, include the Agency name and the from the vision requirement in 49 CFR
including his or her off-duty activities docket number(s) for this notice. Note 391.41(b)(10). Accordingly, the Agency
and medical history, and counsel the that all comments received will be will evaluate the qualifications of each
individual on changes he or she can posted without change to http:// applicant to determine whether granting
undertake to ameliorate fatigue. WMH www.regulations.gov, including any an exemption will achieve the required
managers also ride with each employee- personal information provided. Please level of safety mandated by statute.
driver several times a year to observe his see the Privacy Act heading below for The physical qualification standard
or her performance. further information. for drivers regarding vision found in 49
WMH requests a 5-year exemption. Docket: For access to the docket to CFR 391.41(b)(10) states that a person is
WMH’s application for exemption, read background documents or physically qualified to drive a CMV if
including a list of its 84 operating comments, go to http:// that person has distant visual acuity of
companies, is available for review in the www.regulations.gov at any time or at least 20/40 (Snellen) in each eye
daltland on DSKBBV9HB2PROD with NOTICES
docket for this notice. Room W12–140 on the ground level of without corrective lenses or visual
the West Building, 1200 New Jersey acuity separately corrected to 20/40
Issued on: June 22, 2018. Avenue SE, Washington, DC, between 9 (Snellen) or better with corrective
Larry W. Minor, a.m. and 5 p.m., e.t., Monday through lenses, distant binocular acuity of at
Associate Administrator for Policy. Friday, except Federal holidays. The least 20/40 (Snellen) in both eyes with
[FR Doc. 2018–15264 Filed 7–16–18; 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
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driving task to operate a commercial David Tavarez examination in 2017, his optometrist
vehicle.’’ Mr. Isenberg reported that he Mr. Tavarez, 49, has had amblyopia in stated, ‘‘In my opinion Mr. Williams has
has driven straight trucks for 30 years, his right eye since birth. The visual sufficient vision to perform the daily
accumulating 1.5 million miles. He acuity in his right eye is hand motion, task required to operate a commercial
holds a Class B CDL from Kentucky. His and in his left eye, 20/20. Following an vehicle.’’ Mr. Williams reported that he
driving record for the last three years examination in 2018, his optometrist has driven straight trucks for 26 years,
shows no crashes and no convictions for stated, ‘‘Based upon the color vision accumulating 1.24 million miles, and
moving violations in a CMV. testing,binocular [sic] field of vision tractor-trailer combinations for 26 years,
tests and quality of vision in his left eye, accumulating 1.24 million miles. He
David G. Livingston
it is my medical opinion that Mr. David holds a Class A CDL from Missouri. His
Mr. Livingston, 55, has had amblyopia driving record for the last three years
Tavarez can adequately operate a
in his right eye since childhood. The shows no crashes and no convictions for
commercial motor vehicle at this time.’’
visual acuity in his right eye is 20/200, moving violations in a CMV.
Mr. Tavarez reported that he has driven
and in his left eye, 20/20. Following an
straight trucks for 21 years, III. Request for Comments
examination in 2018, his optometrist
accumulating 630,000 miles. He holds
stated, ‘‘This is a second letter to In accordance with 49 U.S.C. 31136(e)
an operator’s license from New Jersey.
express that it is my medical opinion and 31315, FMCSA requests public
His driving record for the last three
that Mr. Livingston has sufficient vision comment from all interested persons on
years shows no crashes and no
in his left eye to perform the driving the exemption petitions described in
convictions for moving violations in a
tasks required to operate a commercial this notice. We will consider all
CMV.
vehicle.’’ Mr. Livingston reported that comments and material received before
he has driven straight trucks for 18 William B. Van Drielen the close of business on the closing date
years, accumulating 360,000 miles, and Mr. Van Drielen, 56, has a macular indicated in the dates section of the
tractor-trailer combinations for 18 years, scar in his left eye due to a traumatic notice.
accumulating 360,000 miles. He holds a incident in 2012. The visual acuity in
Class A CDL from Vermont. His driving IV. Submitting Comments
his right eye is 20/20, and in his left eye,
record for the last three years shows no 20/50. Following an examination in You may submit your comments and
crashes and no convictions for moving 2018, his optometrist stated, ‘‘In my material online or by fax, mail, or hand
violations in a CMV. medical opinion, Mr. Vandrielen [sic] delivery, but please use only one of
has sufficient vision to perform the these means. FMCSA recommends that
Joseph P. Markley
driving tasks required to operate a you include your name and a mailing
Mr. Markley, 61, has had macular commercial vehicle.’’ Mr. Van Drielen address, an email address, or a phone
myelinated nerve fibers in his right eye reported that he has driven straight number in the body of your document
since birth. The visual acuity in his trucks for five years, accumulating 1 so that FMCSA can contact you if there
right eye is counting fingers, and in his million miles, and tractor-trailer are questions regarding your
left eye, 20/25. Following an combinations for 36 years, accumulating submission.
examination in 2018, his 3.85 million miles. He holds a Class AM To submit your comment online, go to
ophthalmologist stated, ‘‘Mr. Markley CDL from Nevada. His driving record for http://www.regulations.gov and in the
has sufficient vision in left eye to the last three years shows no crashes search box insert the docket number
perform the tasks required to operate a and no convictions for moving FMCSA–2018–0014 and click the search
commercial vehicle.’’ Mr. Markley violations in a CMV. button. When the new screen appears,
reported that he has driven straight click on the blue ‘‘Comment Now!’’
trucks for 39 years, accumulating 42,900 Willie R. White, Jr. button on the right hand side of the
miles, and tractor-trailer combinations Mr. White, 62, has had optic nerve page. On the new page, enter
for 39 years, accumulating 91,650 miles. damage in his left eye since 2012. The information required including the
He holds a Class AM CDL from visual acuity in his right eye is 20/20, specific section of this document to
Pennsylvania. His driving record for the and in his left eye, light perception. which each comment applies, and
last three years shows no crashes and no Following an examination in 2018, his provide a reason for each suggestion or
convictions for moving violations in a optometrist stated, ‘‘In my medical recommendation. If you submit your
CMV. opinion this patient has sufficient vision comments by mail or hand delivery,
Derek L. Redford to perform the driving tasks required to submit them in an unbound format, no
operate a commercial vehicle.’’ Mr. larger than 81⁄2 by 11 inches, suitable for
Mr. Redford, 65, has an irregularly White reported that he has driven copying and electronic filing. If you
shaped pupil in his left eye due to a straight trucks for ten years, submit comments by mail and would
traumatic incident in childhood. The accumulating 150,000 miles, and like to know that they reached the
visual acuity in his right eye is 20/20, tractor-trailer combinations for 20 years, facility, please enclose a stamped, self-
and in his left eye, counting fingers. accumulating two million miles. He addressed postcard or envelope.
Following an examination in 2018, his holds a Class A CDL from Nevada. His We will consider all comments and
optometrist stated, ‘‘I hereby certify that driving record for the last three years materials received during the comment
in my medical opinion the patient has shows no crashes and one conviction for period. FMCSA may issue a final
sufficient vision to perform the driving a moving violation in a CMV; he determination at any time after the close
tasks required to operate a commercial exceeded the speed limit by 9 mph. of the comment period.
daltland on DSKBBV9HB2PROD with NOTICES
vehicle.’’ Mr. Redford reported that he
has driven straight trucks for ten years, Curtis C. Williams V. Viewing Comments and Documents
accumulating 500,000 miles. He holds Mr. Williams, 63, has a retinal To view comments, as well as any
an operator’s license from Idaho. His detachment in his right eye due to a documents mentioned in this preamble,
driving record for the last three years traumatic incident in 2010. The visual go to http://www.regulations.gov and in
shows no crashes and no convictions for acuity in his right eye is hand motion, the search box insert the docket number
moving violations in a CMV. and in his left eye, 20/20. Following an FMCSA–2018–0014 and click ‘‘Search.’’
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![Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Notices 33295
Next, click ‘‘Open Docket Folder’’ and docket number(s) for this notice. Note if that person has no established
you will find all documents and that all comments received will be medical history or clinical diagnosis of
comments related to this notice. posted without change to http:// diabetes mellitus currently requiring
Issued on: July 12, 2018. www.regulations.gov, including any insulin for control.
personal information provided. Please The 94 individuals listed in this
Larry W. Minor,
see the Privacy Act heading below for notice have requested renewal of their
Associate Administrator for Policy.
further information. exemptions from the diabetes standard
[FR Doc. 2018–15261 Filed 7–16–18; 8:45 am] in 49 CFR 391.41(b)(3), in accordance
Docket: For access to the docket to
BILLING CODE 4910–EX–P with FMCSA procedures. Accordingly,
read background documents or
comments, go to http:// FMCSA has evaluated these
www.regulations.gov at any time or applications for renewal on their merits
DEPARTMENT OF TRANSPORTATION and decided to extend each exemption
Room W12–140 on the ground level of
Federal Motor Carrier Safety the West Building, 1200 New Jersey for a renewable two-year period.
Administration Avenue SE, Washington, DC, between 9 II. Request for Comments
a.m. and 5 p.m., e.t., Monday through
[Docket No. FMCSA–2006–24210; FMCSA– Friday, except Federal holidays. The Interested parties or organizations
2010–0162; FMCSA–2012–0162; FMCSA– possessing information that would
2012–0163; FMCSA–2014–0018]
FDMS is available 24 hours each day
e.t., 365 days each year. If you want otherwise show that any, or all, of these
acknowledgment that we received your drivers are not currently achieving the
Qualification of Drivers; Exemption statutory level of safety should
Applications; Diabetes comments, please include a self-
addressed, stamped envelope or immediately notify FMCSA. The
AGENCY: Federal Motor Carrier Safety postcard or print the acknowledgement Agency will evaluate any adverse
Administration (FMCSA), DOT. page that appears after submitting evidence submitted and, if safety is
ACTION: Notice of renewal of comments online. being compromised or if continuation of
exemptions; request for comments. Privacy Act: In accordance with 5 the exemption would not be consistent
U.S.C. 553(c), DOT solicits comments with the goals and objectives of 49
SUMMARY: FMCSA announces its U.S.C. 31136(e) and 31315, FMCSA will
from the public to better inform its
decision to renew exemptions for 94 take immediate steps to revoke the
rulemaking process. DOT posts these
individuals from its prohibition in the exemption of a driver.
comments, without edit, including any
Federal Motor Carrier Safety
personal information the commenter III. Basis for Renewing Exemptions
Regulations (FMCSRs) against persons
provides, to http://www.regulations.gov,
with insulin-treated diabetes mellitus Under 49 U.S.C. 31315(b)(1), an
(ITDM) from operating commercial as described in the system of records
exemption may be granted for no longer
motor vehicles (CMVs) in interstate notice (DOT/ALL–14 FDMS), which can
than two years from its approval date
commerce. The exemptions enable these be reviewed at http://www.dot.gov/
and may be renewed upon application.
individuals with ITDM to continue to privacy.
In accordance with 49 U.S.C. 31136(e)
operate CMVs in interstate commerce. FOR FURTHER INFORMATION CONTACT: Ms. and 31315, each of the 94 applicants has
DATES: Each group of renewed Christine A. Hydock, Chief, Medical satisfied the renewal conditions for
exemptions were applicable on the Programs Division, 202–366–4001, obtaining an exemption from the
dates stated in the discussions below fmcsamedical@dot.gov, FMCSA, diabetes requirement (71 FR 32177; 71
and will expire on the dates stated in Department of Transportation, 1200 FR 45097; 75 FR 36775; 75 FR 50797;
the discussions below. Comments must New Jersey Avenue SE, Room W64–224, 77 FR 36333; 77 FR 40941; 77 FR 46791;
be received on or before August 16, Washington, DC 20590–0001. Office 77 FR 51845; 79 FR 41723; 79 FR 56105;
2018. hours are from 8:30 a.m. to 5:30 p.m., 81 FR 91242). They have maintained
ADDRESSES: You may submit comments
e.t., Monday through Friday, except their required medical monitoring and
bearing the Federal Docket Management Federal holidays. If you have questions have not exhibited any medical issues
System (FDMS) Docket No. FMCSA– regarding viewing or submitting that would compromise their ability to
2006–24210; FMCSA–2010–0162; material to the docket, contact Docket safely operate a CMV during the
FMCSA–2012–0162; FMCSA–2012– Services, telephone (202) 366–9826. previous two-year exemption period.
0163; FMCSA–2014–0018 using any of SUPPLEMENTARY INFORMATION: These factors provide an adequate basis
the following methods: for predicting each driver’s ability to
I. Background
• Federal eRulemaking Portal: Go to continue to drive safely in interstate
http://www.regulations.gov. Follow the Under 49 U.S.C. 31136(e) and 31315, commerce. Therefore, FMCSA
online instructions for submitting FMCSA may grant an exemption for five concludes that extending the exemption
comments. years if it finds ‘‘such exemption would for each of these drivers for a period of
• Mail: Docket Management Facility; likely achieve a level of safety that is two years is likely to achieve a level of
U.S. Department of Transportation, 1200 equivalent to or greater than the level safety equal to that existing without the
New Jersey Avenue SE, West Building that would be achieved absent such exemption.
Ground Floor, Room W12–140, exemption.’’ The statute also allows the In accordance with 49 U.S.C. 31136(e)
Washington, DC 20590–0001. Agency to renew exemptions at the end and 31315, the following groups of
• Hand Delivery: West Building of the five-year period. FMCSA grants drivers received renewed exemptions in
Ground Floor, Room W12–140, 1200 exemptions from the FMCSRs for a two- the month of August and are discussed
daltland on DSKBBV9HB2PROD with NOTICES
New Jersey Avenue SE, Washington, year period to align with the maximum below:
DC, between 9 a.m. and 5 p.m., e.t., duration of a driver’s medical As of August 6, 2018, and in
Monday through Friday, except Federal certification. accordance with 49 U.S.C. 31136(e) and
Holidays. The physical qualification standard 31315, the following ten individuals
• Fax: 1–202–493–2251. for drivers regarding diabetes found in have satisfied the renewal conditions for
Instructions: Each submission must 49 CFR 391.41(b)(3) states that a person obtaining an exemption from the rule
include the Agency name and the is physically qualified to drive a CMV prohibiting drivers with ITDM from
VerDate Sep<11>2014 17:07 Jul 16, 2018 Jkt 244001 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1](https://thefederalregister.org/doc/83_FR_33429/page/4.svg)
Document Created: 2018-07-17 01:39:32
Document Modified: 2018-07-17 01:39:32
| 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 August 16, 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 33292 |
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