83_FR_34807 83 FR 34667 - Qualification of Drivers; Exemption Applications; Vision

83 FR 34667 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 140 (July 20, 2018)

Page Range34667-34669
FR Document2018-15552

FMCSA announces receipt of applications from nine 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 140 (Friday, July 20, 2018)
[Federal Register Volume 83, Number 140 (Friday, July 20, 2018)]
[Notices]
[Pages 34667-34669]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15552]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0015]


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 nine 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 20, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2018-0015 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 nine 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 34668]]

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

Paulo G. Clemente

    Mr. Clemente, 32, 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/
150. Following an examination in 2018, his optometrist stated, ``Full 
visual field testing done with the Humphrey field analyzer showed that 
Paul saw all the test objects in each eye and in my opinion would 
indicate that he has the visual competency to be a safe driver on the 
highway and be able to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Clemente reported that he has driven straight 
trucks for 11 years, accumulating 440,000 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.

Ronald W. Doskocil

    Mr. Doskocil, 51, 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 ophthalmologist 
stated, ``In my medical opinion, Mr. Doskocil does have sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Doskocil reported that he has driven straight trucks for 
29 years, accumulating 1.45 million miles. He holds an operator's 
license from Texas. His driving record for the last three years shows 
no crashes and no convictions for moving violations in a CMV.

Loren D. Estad

    Mr. Estad, 54, 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/
100. Following an examination in 2018, his optometrist stated, ``In my 
opinion, Mr. Estad has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Estad reported that he 
has driven straight trucks for 38 years, accumulating 456,000 miles, 
and tractor-trailer combinations for 35 years, accumulating 3.5 million 
miles. He holds a Class AM CDL from North Dakota. His driving record 
for the last three years shows no crashes and no convictions for moving 
violations in a CMV.

Ryan P. Garner

    Mr. Garner, 43, has a prosthetic right eye due to a traumatic 
incident in 1982. The visual acuity in his right eye is no light 
perception, and in his left eye, 20/20. Following an examination in 
2017, his optometrist stated, ``It is my assessment that I certify that 
the patient has sufficient vision to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Garner reported that he has 
driven straight trucks for five years, accumulating 25,000 miles, and 
tractor-trailer combinations for four years, accumulating 200,000 
miles. He holds a Class A CDL from Montana. His driving record for the 
last three years shows no crashes and no convictions for moving 
violations in a CMV.

Kody D. Gleckler

    Mr. Gleckler, 29, has aphakia in his left eye due to a traumatic 
incident in 2009. 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 conclusion, in my opinion, I believe that he would have 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Gleckler reported that he has driven straight 
trucks for ten years, accumulating 100,000 miles, and tractor-trailer 
combinations for ten years, accumulating 100,000 miles. He holds a 
Class A CDL from Ohio. His driving record for the last three years 
shows no crashes and no convictions for moving violations in a CMV.

Jeffrey W. Hawkins

    Mr. Hawkins, 56, has had a retinal detachment in his left eye since 
2011. The visual acuity in his right eye is 20/

[[Page 34669]]

20, and in his left eye, no light perception. Following an examination 
in 2017, his ophthalmologist stated, ``In my medical opinion, the 
patient continues to have sufficient vision to perform driving tasks 
required as a commercial vehicle operator.'' Mr. Hawkins reported that 
he has driven tractor-trailer combinations for 35 years, accumulating 
2.8 million miles. He holds a Class A CDL from North Carolina. His 
driving record for the last three years shows no crashes and no 
convictions for moving violations in a CMV.

Timothy D. Lundvall

    Mr. Lundvall, 61, has had glaucoma in his right eye since 2013. The 
visual acuity in his right eye is hand motion, and in his left eye, 20/
20. Following an examination in 2018, his ophthalmologist stated, ``In 
my opinion, Mr. Lundvall has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Lundvall reported 
that he has driven straight trucks for 30 years, accumulating 45,000 
miles, and tractor-trailer combinations for 15 years, accumulating 
900,000 miles. He holds a Class A CDL from Nebraska. His driving record 
for the last three years shows no crashes and no convictions for moving 
violations in a CMV.

Eric D. Smith

    Mr. Smith, 54, has had a cataract in his left eye since 2014. The 
visual acuity in his right eye is 20/15, and in his left eye, hand 
motion. Following an examination in 2018, his optometrist stated, ``In 
my medical opinion, I feel that the patient has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Smith reported that he has driven tractor-trailer combinations for 
nine years, accumulating 1.35 million miles. He holds a Class A CDL 
from Georgia. His driving record for the last three years shows no 
crashes and one conviction for a moving violation in a CMV; failure to 
keep in proper lane.

Mark E. Thesing

    Mr. Thesing, 59, has had optic nerve hypoplasia in his left eye 
since birth. 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, ``It is my opinion that Mr. Thesing has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle vehicle [sic] as he has demonstrated during his career 
requiring no restrictions.'' Mr. Thesing reported that he has driven 
straight trucks for 40 years, accumulating 240,000 miles, and tractor-
trailer combinations for eight years, accumulating 16,000 miles. He 
holds a Class A CDL from Minnesota. His driving record for the last 
three years shows no crashes and no convictions for moving violations 
in a CMV.

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-2018-0015 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-2018-0015 and click ``Search.'' 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. 2018-15552 Filed 7-19-18; 8:45 am]
 BILLING CODE 4910-EX-P



                                                                                Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices                                          34667

                                               VI. Preemption                                           DEPARTMENT OF TRANSPORTATION                          acknowledgment that we received your
                                                  During the period the exemption is in                                                                       comments, please include a self-
                                               effect, no State shall enforce any law or                Federal Motor Carrier Safety                          addressed, stamped envelope or
                                               regulation that conflicts with this                      Administration                                        postcard or print the acknowledgement
                                               exemption with respect to a person                                                                             page that appears after submitting
                                                                                                        [Docket No. FMCSA–2018–0015]
                                               operating under the exemption.                                                                                 comments online.
                                                                                                        Qualification of Drivers; Exemption                      Privacy Act: In accordance with 5
                                               VII. Conclusion                                          Applications; Vision                                  U.S.C. 553(c), DOT solicits comments
                                                 Based upon its evaluation of the 37                                                                          from the public to better inform its
                                               exemption applications, FMCSA                            AGENCY: Federal Motor Carrier Safety                  rulemaking process. DOT posts these
                                               exempts the following drivers from the                   Administration (FMCSA), DOT.                          comments, without edit, including any
                                               diabetes requirement in 49 CFR                           ACTION: Notice of applications for                    personal information the commenter
                                               391.41(b)(10), subject to the                            exemption; request for comments.                      provides, to http://www.regulations.gov,
                                               requirements cited above:                                                                                      as described in the system of records
                                                                                                        SUMMARY:   FMCSA announces receipt of                 notice (DOT/ALL–14 FDMS), which can
                                               Clayton W. Baenziger (CO)
                                               John E. Behle (MN)                                       applications from nine individuals for                be reviewed at http://www.dot.gov/
                                               Myles S. Bolton (AK)                                     an exemption from the vision                          privacy.
                                               Francisco Chavez, Jr. (CA)                               requirement in the Federal Motor
                                                                                                                                                              FOR FURTHER INFORMATION CONTACT:     Ms.
                                               David C. Clarke (NE)                                     Carrier Safety Regulations (FMCSRs) to
                                                                                                                                                              Christine A. Hydock, Chief, Medical
                                               Steven R. Condon (NE)                                    operate a commercial motor vehicle
                                                                                                                                                              Programs Division, (202) 366–4001,
                                               Gilbert L. Fleming, Jr. (MD)                             (CMV) in interstate commerce. If
                                               Gavin C. Gore (MN)                                                                                             fmcsamedical@dot.gov, FMCSA,
                                                                                                        granted, the exemptions will enable
                                               Johnny Gregg, Jr. (NC)                                                                                         Department of Transportation, 1200
                                                                                                        these individuals to operate CMVs in
                                               Thomas W. Guzier (IL)                                                                                          New Jersey Avenue SE, Room W64–224,
                                                                                                        interstate commerce without meeting
                                               Willard R. Hammond, Jr. (NY)                                                                                   Washington, DC 20590–0001. Office
                                                                                                        the vision requirement in one eye.
                                               Greg C. Hardcastle (OR)                                                                                        hours are 8:30 a.m. to 5 p.m., e.t.,
                                               Joseph E. Heck (IA)                                      DATES: Comments must be received on                   Monday through Friday, except Federal
                                               Stephen R. Henderschiedt (MN)                            or before August 20, 2018.                            holidays. If you have questions
                                               Larry D. Johnston (IA)                                   ADDRESSES: You may submit comments                    regarding viewing or submitting
                                               Leodon L. Killinger, Jr. (ME)                            bearing the Federal Docket Management                 material to the docket, contact Docket
                                               Joshua M. Lenhart (AK)                                   System (FDMS) Docket No. FMCSA–                       Services, telephone (202) 366–9826.
                                               Michelle L. Logsdon (WV)                                 2018–0015 using any of the following
                                               Tiernan E. McKinney (OH)                                                                                       SUPPLEMENTARY INFORMATION:
                                                                                                        methods:
                                               Kevin R. McClerren (IL)                                                                                        I. Background
                                                                                                          • Federal eRulemaking Portal: Go to
                                               Bryant L. Murray (UT)
                                               Manuel C. Pineda (TX)                                    http://www.regulations.gov. Follow the                   Under 49 U.S.C. 31136(e) and 31315,
                                               Kenneth M. Putt (VA)                                     online instructions for submitting                    FMCSA may grant an exemption from
                                               John D. Randall (MO)                                     comments.                                             the FMCSRs for a five-year period if it
                                               John F. Reilly (IL)                                        • Mail: Docket Management Facility;                 finds ‘‘such exemption would likely
                                               Tyree E. Rhodes (LA)                                     U.S. Department of Transportation, 1200               achieve a level of safety that is
                                               Jose C. Rosario (MN)                                     New Jersey Avenue SE, West Building                   equivalent to or greater than the level
                                               Matthew L. Shelley (VA)                                  Ground Floor, Room W12–140,                           that would be achieved absent such
                                               Brian R. Smallcanyon (UT)                                Washington, DC 20590–0001.                            exemption.’’ The statute also allows the
                                               Kenneth J. Sortman (OH)                                    • Hand Delivery: West Building                      Agency to renew exemptions at the end
                                               Gregory R. Suckow (SD)                                   Ground Floor, Room W12–140, 1200                      of the five-year period. FMCSA grants
                                               Jack W. Terrio (LA)                                      New Jersey Avenue SE, Washington,
                                               Curtis D. Van Koevering (MI)                                                                                   exemptions from the FMCSRs for a two-
                                               Trent J. Vandyken (MN)                                   DC, between 9 a.m. and 5 p.m., e.t.,                  year period to align with the maximum
                                               Gregory A. Westfall (OH)                                 Monday through Friday, except Federal                 duration of a driver’s medical
                                               Kevin L. Willis Sloan (MO)                               Holidays.                                             certification.
                                               Debra A. Wiss (WA)                                         • Fax: 1–202–493–2251.                                 The nine individuals listed in this
                                                 In accordance with 49 U.S.C. 31136(e)                    Instructions: Each submission must                  notice have requested an exemption
                                               and 31315, each exemption will be valid                  include the Agency name and the                       from the vision requirement in 49 CFR
                                               for two years from the effective date                    docket number(s) for this notice. Note                391.41(b)(10). Accordingly, the Agency
                                               unless revoked earlier by FMCSA. The                     that all comments received will be                    will evaluate the qualifications of each
                                               exemption will be revoked if the                         posted without change to http://                      applicant to determine whether granting
                                               following occurs: (1) The person fails to                www.regulations.gov, including any                    an exemption will achieve the required
                                               comply with the terms and conditions                     personal information provided. Please                 level of safety mandated by statute.
                                               of the exemption; (2) the exemption has                  see the Privacy Act heading below for                    The physical qualification standard
                                               resulted in a lower level of safety than                 further information.                                  for drivers regarding vision found in 49
                                               was maintained prior to being granted;                     Docket: For access to the docket to                 CFR 391.41(b)(10) states that a person is
                                               or (3) continuation of the exemption                     read background documents or                          physically qualified to drive a CMV if
                                               would not be consistent with the goals                   comments, go to http://                               that person has distant visual acuity of
                                               and objectives of 49 U.S.C. 31136(e) and                 www.regulations.gov at any time or                    at least 20/40 (Snellen) in each eye
daltland on DSKBBV9HB2PROD with NOTICES




                                               31315.                                                   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: July 13, 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. 2018–15574 Filed 7–19–18; 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


                                          VerDate Sep<11>2014   18:06 Jul 19, 2018   Jkt 244001   PO 00000   Frm 00132   Fmt 4703   Sfmt 4703   E:\FR\FM\20JYN1.SGM   20JYN1


                                               34668                            Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices

                                               Meridian in each eye, and the ability to                 and Neyman, University of California                  convictions for moving violations in a
                                               recognize the colors of traffic signals                  Publications in Statistics, April 1952).              CMV.
                                               and devices showing standard red,                        Other studies demonstrated theories of
                                                                                                                                                              Loren D. Estad
                                               green, and amber.                                        predicting crash proneness from crash
                                                  In July 1992, the Agency first                        history coupled with other factors.                      Mr. Estad, 54, has had amblyopia in
                                               published the criteria for the Vision                    These factors—such as age, sex,                       his left eye since childhood. The visual
                                               Waiver Program, which listed the                         geographic location, mileage driven and               acuity in his right eye is 20/20, and in
                                               conditions and reporting standards that                  conviction history—are used every day                 his left eye, 20/100. Following an
                                               CMV drivers approved for participation                   by insurance companies and motor                      examination in 2018, his optometrist
                                               would need to meet (Qualification of                     vehicle bureaus to predict the                        stated, ‘‘In my opinion, Mr. Estad has
                                               Drivers; Vision Waivers, 57 FR 31458,                    probability of an individual                          sufficient vision to perform the driving
                                               July 16, 1992). The current Vision                       experiencing future crashes (See Weber,               tasks required to operate a commercial
                                               Exemption Program was established in                     Donald C., ‘‘Accident Rate Potential: An              vehicle.’’ Mr. Estad reported that he has
                                               1998, following the enactment of                         Application of Multiple Regression                    driven straight trucks for 38 years,
                                               amendments to the statutes governing                     Analysis of a Poisson Process,’’ Journal              accumulating 456,000 miles, and
                                               exemptions made by § 4007 of the                         of American Statistical Association,                  tractor-trailer combinations for 35 years,
                                               Transportation Equity Act for the 21st                   June 1971). A 1964 California Driver                  accumulating 3.5 million miles. He
                                               Century (TEA–21), Public Law 105–178,                    Record Study prepared by the California               holds a Class AM CDL from North
                                               112 Stat. 107, 401 (June 9, 1998). Vision                Department of Motor Vehicles                          Dakota. His driving record for the last
                                               exemptions are considered under the                      concluded that the best overall crash                 three years shows no crashes and no
                                               procedures established in 49 CFR part                    predictor for both concurrent and                     convictions for moving violations in a
                                               381 subpart C, on a case-by-case basis                   nonconcurrent events is the number of                 CMV.
                                               upon application by CMV drivers who                      single convictions. This study used
                                               do not meet the vision standards of 49                                                                         Ryan P. Garner
                                                                                                        three consecutive years of data,
                                               CFR 391.41(b)(10).                                       comparing the experiences of drivers in                  Mr. Garner, 43, has a prosthetic right
                                                  To qualify for an exemption from the                  the first two years with their                        eye due to a traumatic incident in 1982.
                                               vision requirement, FMCSA requires a                     experiences in the final year.                        The visual acuity in his right eye is no
                                               person to present verifiable evidence                                                                          light perception, and in his left eye, 20/
                                               that he/she has driven a commercial                      II. Qualifications of Applicants                      20. Following an examination in 2017,
                                               vehicle safely with the vision deficiency                Paulo G. Clemente                                     his optometrist stated, ‘‘It is my
                                               for the past three years. Recent driving                                                                       assessment that I certify that the patient
                                               performance is especially important in                     Mr. Clemente, 32, has had amblyopia                 has sufficient vision to perform the
                                               evaluating future safety, according to                   in his left eye since birth. The visual               driving tasks required to operate a
                                               several research studies designed to                     acuity in his right eye is 20/20, and in              commercial vehicle.’’ Mr. Garner
                                               correlate past and future driving                        his left eye, 20/150. Following an                    reported that he has driven straight
                                               performance. Results of these studies                    examination in 2018, his optometrist                  trucks for five years, accumulating
                                               support the principle that the best                      stated, ‘‘Full visual field testing done              25,000 miles, and tractor-trailer
                                               predictor of future performance by a                     with the Humphrey field analyzer                      combinations for four years,
                                               driver is his/her past record of crashes                 showed that Paul saw all the test objects             accumulating 200,000 miles. He holds a
                                               and traffic violations. Copies of the                    in each eye and in my opinion would                   Class A CDL from Montana. His driving
                                               studies may be found at Docket Number                    indicate that he has the visual                       record for the last three years shows no
                                               FMCSA–1998–3637.                                         competency to be a safe driver on the                 crashes and no convictions for moving
                                                  FMCSA believes it can properly apply                  highway and be able to perform the                    violations in a CMV.
                                               the principle to monocular drivers,                      driving tasks required to operate a
                                               because data from the Federal Highway                    commercial vehicle.’’ Mr. Clemente                    Kody D. Gleckler
                                               Administration’s (FHWA) former waiver                    reported that he has driven straight                     Mr. Gleckler, 29, has aphakia in his
                                               study program clearly demonstrated the                   trucks for 11 years, accumulating                     left eye due to a traumatic incident in
                                               driving performance of experienced                       440,000 miles. He holds a Class A CDL                 2009. The visual acuity in his right eye
                                               monocular drivers in the program is                      from North Carolina. His driving record               is 20/20, and in his left eye, 20/400.
                                               better than that of all CMV drivers                      for the last three years shows no crashes             Following an examination in 2018, his
                                               collectively (See 61 FR 13338, 13345,                    and no convictions for moving                         optometrist stated, ‘‘In conclusion, in
                                               March 26, 1996). The fact that                           violations in a CMV.                                  my opinion, I believe that he would
                                               experienced monocular drivers                                                                                  have sufficient vision to perform the
                                               demonstrated safe driving records in the                 Ronald W. Doskocil
                                                                                                                                                              driving tasks required to operate a
                                               waiver program supports a conclusion                       Mr. Doskocil, 51, has had amblyopia                 commercial vehicle.’’ Mr. Gleckler
                                               that other monocular drivers, meeting                    in his right eye since childhood. The                 reported that he has driven straight
                                               the same qualifying conditions as those                  visual acuity in his right eye is 20/200,             trucks for ten years, accumulating
                                               required by the waiver program, are also                 and in his left eye, 20/20. Following an              100,000 miles, and tractor-trailer
                                               likely to have adapted to their vision                   examination in 2018, his                              combinations for ten years,
                                               deficiency and will continue to operate                  ophthalmologist stated, ‘‘In my medical               accumulating 100,000 miles. He holds a
                                               safely.                                                  opinion, Mr. Doskocil does have                       Class A CDL from Ohio. His driving
                                                  The first major research correlating                  sufficient vision to perform the driving              record for the last three years shows no
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                                               past and future performance was done                     tasks required to operate a commercial                crashes and no convictions for moving
                                               in England by Greenwood and Yule in                      vehicle.’’ Mr. Doskocil reported that he              violations in a CMV.
                                               1920. Subsequent studies, building on                    has driven straight trucks for 29 years,
                                               that model, concluded that crash rates                   accumulating 1.45 million miles. He                   Jeffrey W. Hawkins
                                               for the same individual exposed to                       holds an operator’s license from Texas.                  Mr. Hawkins, 56, has had a retinal
                                               certain risks for two different time                     His driving record for the last three                 detachment in his left eye since 2011.
                                               periods vary only slightly (See Bates                    years shows no crashes and no                         The visual acuity in his right eye is 20/


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                                                                                Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices                                                 34669

                                               20, and in his left eye, no light                        accumulating 240,000 miles, and                         Issued on: July 12, 2018.
                                               perception. Following an examination                     tractor-trailer combinations for eight                Larry W. Minor,
                                               in 2017, his ophthalmologist stated, ‘‘In                years, accumulating 16,000 miles. He                  Associate Administrator for Policy.
                                               my medical opinion, the patient                          holds a Class A CDL from Minnesota.                   [FR Doc. 2018–15552 Filed 7–19–18; 8:45 am]
                                               continues to have sufficient vision to                   His driving record for the last three                 BILLING CODE 4910–EX–P
                                               perform driving tasks required as a                      years shows no crashes and no
                                               commercial vehicle operator.’’ Mr.                       convictions for moving violations in a
                                               Hawkins reported that he has driven                      CMV.                                                  DEPARTMENT OF TRANSPORTATION
                                               tractor-trailer combinations for 35 years,
                                               accumulating 2.8 million miles. He                       III. Request for Comments                             Federal Motor Carrier Safety
                                               holds a Class A CDL from North                             In accordance with 49 U.S.C. 31136(e)               Administration
                                               Carolina. His driving record for the last                and 31315, FMCSA requests public                      [Docket No. FMCSA–2006–25854; FMCSA–
                                               three years shows no crashes and no                      comment from all interested persons on                2013–0108; FMCSA–2014–0382]
                                               convictions for moving violations in a                   the exemption petitions described in
                                               CMV.                                                     this notice. We will consider all                     Qualification of Drivers; Exemption
                                               Timothy D. Lundvall                                      comments and material received before                 Applications; Epilepsy and Seizure
                                                                                                        the close of business on the closing date             Disorders
                                                  Mr. Lundvall, 61, has had glaucoma
                                                                                                        indicated in the dates section of the
                                               in his right eye since 2013. The visual                                                                        AGENCY: Federal Motor Carrier Safety
                                               acuity in his right eye is hand motion,                  notice.
                                                                                                                                                              Administration (FMCSA), DOT.
                                               and in his left eye, 20/20. Following an                 IV. Submitting Comments                               ACTION: Notice of final disposition.
                                               examination in 2018, his
                                               ophthalmologist stated, ‘‘In my opinion,                    You may submit your comments and                   SUMMARY:   FMCSA announces its
                                               Mr. Lundvall has sufficient vision to                    material online or by fax, mail, or hand              decision to renew exemptions for five
                                               perform the driving tasks required to                    delivery, but please use only one of                  individuals from the requirement in the
                                               operate a commercial vehicle.’’ Mr.                      these means. FMCSA recommends that                    Federal Motor Carrier Safety
                                               Lundvall reported that he has driven                     you include your name and a mailing                   Regulations (FMCSRs) that interstate
                                               straight trucks for 30 years,                            address, an email address, or a phone                 commercial motor vehicle (CMV)
                                               accumulating 45,000 miles, and tractor-                  number in the body of your document                   drivers have ‘‘no established medical
                                               trailer combinations for 15 years,                       so that FMCSA can contact you if there                history or clinical diagnosis of epilepsy
                                               accumulating 900,000 miles. He holds a                   are questions regarding your                          or any other condition which is likely
                                               Class A CDL from Nebraska. His driving                   submission.                                           to cause loss of consciousness or any
                                               record for the last three years shows no                    To submit your comment online, go to               loss of ability to control a CMV.’’ The
                                               crashes and no convictions for moving                    http://www.regulations.gov and in the                 exemptions enable these individuals
                                               violations in a CMV.                                     search box insert the docket number                   who have had one or more seizures and
                                               Eric D. Smith                                            FMCSA–2018–0015 and click the search                  are taking anti-seizure medication to
                                                                                                        button. When the new screen appears,                  continue to operate CMVs in interstate
                                                  Mr. Smith, 54, has had a cataract in                  click on the blue ‘‘Comment Now!’’                    commerce.
                                               his left eye since 2014. The visual acuity               button on the right hand side of the                  DATES: The exemptions were applicable
                                               in his right eye is 20/15, and in his left               page. On the new page, enter                          on December 23, 2017. The exemptions
                                               eye, hand motion. Following an                           information required including the                    expire on December 23, 2019.
                                               examination in 2018, his optometrist                     specific section of this document to
                                               stated, ‘‘In my medical opinion, I feel                                                                        FOR FURTHER INFORMATION CONTACT: Ms.
                                                                                                        which each comment applies, and                       Christine A. Hydock, Chief, Medical
                                               that the patient has sufficient vision to                provide a reason for each suggestion or
                                               perform the driving tasks required to                                                                          Programs Division, (202) 366–4001,
                                                                                                        recommendation. If you submit your                    fmcsamedical@dot.gov, FMCSA,
                                               operate a commercial vehicle.’’ Mr.                      comments by mail or hand delivery,
                                               Smith reported that he has driven                                                                              Department of Transportation, 1200
                                                                                                        submit them in an unbound format, no                  New Jersey Avenue SE, Room W64–224,
                                               tractor-trailer combinations for nine                    larger than 81⁄2 by 11 inches, suitable for
                                               years, accumulating 1.35 million miles.                                                                        Washington, DC 20590–0001. Office
                                                                                                        copying and electronic filing. If you                 hours are from 8:30 a.m. to 5 p.m., e.t.,
                                               He holds a Class A CDL from Georgia.                     submit comments by mail and would
                                               His driving record for the last three                                                                          Monday through Friday, except Federal
                                                                                                        like to know that they reached the                    holidays. If you have questions
                                               years shows no crashes and one                           facility, please enclose a stamped, self-
                                               conviction for a moving violation in a                                                                         regarding viewing or submitting
                                                                                                        addressed postcard or envelope.                       material to the docket, contact Docket
                                               CMV; failure to keep in proper lane.
                                                                                                           We will consider all comments and                  Services, telephone (202) 366–9826.
                                               Mark E. Thesing                                          materials received during the comment                 SUPPLEMENTARY INFORMATION:
                                                  Mr. Thesing, 59, has had optic nerve                  period. FMCSA may issue a final
                                               hypoplasia in his left eye since birth.                  determination at any time after the close             I. Electronic Access
                                               The visual acuity in his right eye is 20/                of the comment period.                                  You may see all the comments online
                                               20, and in his left eye, counting fingers.               V. Viewing Comments and Documents                     through the Federal Document
                                               Following an examination in 2018, his                                                                          Management System (FDMS) at: http://
                                               optometrist stated, ‘‘It is my opinion                     To view comments, as well as any                    www.regulations.gov.
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                                               that Mr. Thesing has sufficient vision to                documents mentioned in this preamble,                   Docket: For access to the docket to
                                               perform the driving tasks required to                    go to http://www.regulations.gov and in               read background documents or
                                               operate a commercial vehicle vehicle                     the search box insert the docket number               comments, go to http://
                                               [sic] as he has demonstrated during his                  FMCSA–2018–0015 and click ‘‘Search.’’                 www.regulations.gov and/or Room
                                               career requiring no restrictions.’’ Mr.                  Next, click ‘‘Open Docket Folder’’ and                W12–140 on the ground level of the
                                               Thesing reported that he has driven                      you will find all documents and                       West Building, 1200 New Jersey Avenue
                                               straight trucks for 40 years,                            comments related to this notice.                      SE, Washington, DC, between 9 a.m. and


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Document Created: 2018-07-20 01:18:37
Document Modified: 2018-07-20 01:18:37
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of applications for exemption; request for comments.
DatesComments must be received on or before August 20, 2018.
ContactMs. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
FR Citation83 FR 34667 

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