83 FR 45750 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 175 (September 10, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 175 (September 10, 2018)
| Page Range | 45750-45753 | |
| FR Document | 2018-19581 |
[Federal Register Volume 83, Number 175 (Monday, September 10, 2018)] [Notices] [Pages 45750-45753] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-19581] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2018-0017] Qualification of Drivers; Exemption Applications; Vision AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemption; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces receipt of applications from 12 individuals for an exemption from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) to operate a commercial motor vehicle (CMV) in interstate commerce. If granted, the exemptions will enable these individuals to operate CMVs in interstate commerce without meeting the vision requirement in one eye. DATES: Comments must be received on or before October 10, 2018. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-2018-0017 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 [[Page 45751]] acknowledgment that we received your comments, please include a self- addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments online. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to http://www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at http://www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. SUPPLEMENTARY INFORMATION: I. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the FMCSRs for a five-year period if it finds ``such exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such exemption.'' The statute also allows the Agency to renew exemptions at the end of the five-year period. FMCSA grants exemptions from the FMCSRs for a two- year period to align with the maximum duration of a driver's medical certification. The 12 individuals listed in this notice have requested an exemption from the vision requirement in 49 CFR 391.41(b)(10). Accordingly, the Agency will evaluate the qualifications of each applicant to determine whether granting an exemption will achieve the required level of safety mandated by statute. The physical qualification standard for drivers regarding vision found in 49 CFR 391.41(b)(10) states that a person is physically qualified to drive a CMV if that person has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of at least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70[deg] in the horizontal Meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing standard red, green, and amber. In July 1992, the Agency first published the criteria for the Vision Waiver Program, which listed the conditions and reporting standards that CMV drivers approved for participation would need to meet (Qualification of Drivers; Vision Waivers, 57 FR 31458, July 16, 1992). The current Vision Exemption Program was established in 1998, following the enactment of amendments to the statutes governing exemptions made by Sec. 4007 of the Transportation Equity Act for the 21st Century (TEA-21), Public Law 105-178, 112 Stat. 107, 401 (June 9, 1998). Vision exemptions are considered under the procedures established in 49 CFR part 381 subpart C, on a case-by-case basis upon application by CMV drivers who do not meet the vision standards of 49 CFR 391.41(b)(10). To qualify for an exemption from the vision requirement, FMCSA requires a person to present verifiable evidence that he/she has driven a commercial vehicle safely with the vision deficiency for the past three years. Recent driving performance is especially important in evaluating future safety, according to several research studies designed to correlate past and future driving performance. Results of these studies support the principle that the best predictor of future performance by a driver is his/her past record of crashes and traffic violations. Copies of the studies may be found at Docket Number FMCSA- 1998-3637. FMCSA believes it can properly apply the principle to monocular drivers, because data from the Federal Highway Administration's (FHWA) former waiver study program clearly demonstrated the driving performance of experienced monocular drivers in the program is better than that of all CMV drivers collectively (See 61 FR 13338, 13345, March 26, 1996). The fact that experienced monocular drivers demonstrated safe driving records in the waiver program supports a conclusion that other monocular drivers, meeting the same qualifying conditions as those required by the waiver program, are also likely to have adapted to their vision deficiency and will continue to operate safely. The first major research correlating past and future performance was done in England by Greenwood and Yule in 1920. Subsequent studies, building on that model, concluded that crash rates for the same individual exposed to certain risks for two different time periods vary only slightly (See Bates and Neyman, University of California Publications in Statistics, April 1952). Other studies demonstrated theories of predicting crash proneness from crash history coupled with other factors. These factors--such as age, sex, geographic location, mileage driven and conviction history--are used every day by insurance companies and motor vehicle bureaus to predict the probability of an individual experiencing future crashes (See Weber, 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 John A. Edison Mr. Edison, 66, has had a macular scar in his left eye since 2001. The visual acuity in his right eye is 20/20, and in his left eye, 20/ 80. Following an examination in 2018, his optometrist stated, ``With both eyes working together, Mr. Edison has sufficient vision to operate and drive a commercial vehicle.'' Mr. Edison reported that he has driven straight trucks for 50 years, accumulating 600,000 miles, and tractor-trailer combinations for 20 years, accumulating 1.92 million miles. He holds a Class A CDL from Georgia. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Rodney P. Hains Mr. Hains, 58, has had a retinal detachment in his left eye since 2003. The visual acuity in his right eye is 20/15, and in his left eye, no light perception. Following an examination in 2018, his optometrist stated, ``Based on that history and experience it would appear to me that he has sufficient visual capability to safely operate a commercial vehicle.'' Mr. Hains reported that he has driven straight trucks for five years, accumulating 5,000 miles, and tractor-trailer combinations for 20 years, accumulating 1.4 million miles. He holds a Class A CDL from North Dakota. His driving record for the last three years shows no crashes and no [[Page 45752]] convictions for moving violations in a CMV. Darryl D. Kelley Mr. Kelley, 46, has had a macular hole in his right eye since childhood. The visual acuity in his right eye is 20/100, and in his left eye, 20/25. Following an examination in 2018, his optometrist stated, ``My medical opinion is that he has sufficient vision to perform all driving tasks for a commercial vehicle.'' Mr. Kelley reported that he has driven buses for 23 years, accumulating 1.42 million miles. He holds a Class B CDL from Texas. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Thomas J. Knapp Mr. Knapp, 58, has had amblyopia in his left eye since birth. The visual acuity in his right eye is 20/15, and in his left eye, 20/150. Following an examination in 2018, his optometrist stated, ``It is my professional opinion that Mr [sic] Knapp has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Knapp reported that he has driven buses for three years, accumulating 60,000 miles. He holds a Class A CDL from Washington. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Darrell D. Kropf Mr. Kropf, 43, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/20, and in his left eye, 20/ 400. Following an examination in 2018, his ophthalmologist stated, ``In my opinion the patient has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Kropf reported that he has driven tractor-trailer combinations for 21 years, accumulating 945,000 miles. He holds a Class A CDL from California. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Nathanael Lee Mr. Lee, 22, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/20, and in his left eye, 20/400. Following an examination in 2018, his ophthalmologist stated, ``In my opinion he does have sufficient vision and is well adapted to his vision in order to operate a commercial vehicle for driving tasks.'' Mr. Lee reported that he has driven straight trucks for two years, accumulating 9,000 miles, and tractor-trailer combinations for three years, accumulating 75,000 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. John G. Mudd Mr. Mudd, 53, had his left eye enucleated due to a traumatic incident in 2015. 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, ``Mr. Mudd has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Mudd reported that he has driven straight trucks for five years, accumulating 50,000 miles, and tractor-trailer combinations for five years, accumulating 75,000 miles. He holds a Class DA CDL from Kentucky. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Jeffrey Ridenhour Mr. Ridenhour, 48, has a macular scar in his right eye due to a traumatic incident in 1998. The visual acuity in his right eye is 20/ 80, and in his left eye, 20/20. Following an examination in 2018, his optometrist stated, ``In my medical opinion, Mr. Ridenhour has sufficient enough vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Ridenhour reported that he has driven tractor-trailer combinations for four years, accumulating 32,000 miles. He holds a Class A CDL from Arkansas. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. John R. Russ II Mr. Russ, 71, has a prosthetic left eye due to a traumatic incident in 2010. The visual acuity in his right eye is no light perception, and in his left eye, 20/20. Following an examination in 2018, his ophthalmologist stated, ``In my opinion, his vision in the left eye is sufficient to perform the driving tasks required to operate a commercial vehicle.'' Mr. Russ reported that he has driven straight trucks for 45 years, accumulating 675,000 miles, and tractor-trailer combinations for 35 years, accumulating 350,000 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. Gary A. Ulitsch Mr. Ulitsch, 64, has had amblyopia in his left eye since birth. The visual acuity in his right eye is 20/25, and in his left eye, 20/160. Following an examination in 2018, his optometrist stated, ``In my medical opinion, he has vision sufficient [sic] to operate a commercial vehicle.'' Mr. Ulitsch reported that he has driven straight trucks for 46 years, accumulating 460,000 miles. He holds an operator's license from Connecticut. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Casey O. Wootan Mr. Wootan, 48, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/15, and in his left eye, 20/ 200. Following an examination in 2018, his optometrist stated, ``In my medical opinion, Casey Wootan has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Wootan reported that he has driven straight trucks for 20 years, accumulating 100,000 miles, and tractor-trailer combinations for 15 years, accumulating 600,000 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. James C. Wright Mr. Wright, 42, has a retinal scar in his right eye due to a traumatic incident in 2008. 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, ``Mr. Wright's condition is stable and I feel he should be able to operate a commercial vehicle safely without correction.'' Mr. Wright reported that he has driven straight trucks for ten years, accumulating 50,000 miles. He holds a Class B 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 [[Page 45753]] 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-2018-0017 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-2018-0017 and click ``Search.'' Next, click ``Open Docket Folder'' and you will find all documents and comments related to this notice. Issued on: August 30, 2018 Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-19581 Filed 9-7-18; 8:45 am] BILLING CODE 4910-EX-P
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range of 6 to 39 years. Although each standard in 49 CFR 391.41(b)(10) and (b) DEPARTMENT OF TRANSPORTATION
applicant has one eye which does not by a certified Medical Examiner who
meet the vision requirement in 49 CFR attests that the individual is otherwise Federal Motor Carrier Safety
391.41(b)(10), each has at least 20/40 physically qualified under 49 CFR Administration
corrected vision in the other eye, and in 391.41; (2) each driver must provide a
[Docket No. FMCSA–2018–0017]
a doctor’s opinion, has sufficient vision copy of the ophthalmologist’s or
to perform all the tasks necessary to optometrist’s report to the Medical Qualification of Drivers; Exemption
operate a CMV. Examiner at the time of the annual Applications; Vision
Doctors’ opinions are supported by medical examination; and (3) each
the applicants’ possession of a valid driver must provide a copy of the AGENCY: Federal Motor Carrier Safety
license to operate a CMV. By meeting annual medical certification to the Administration (FMCSA), DOT.
State licensing requirements, the employer for retention in the driver’s ACTION: Notice of applications for
applicants demonstrated their ability to qualification file, or keep a copy in his/ exemption; request for comments.
operate a CMV, with their limited vision her driver’s qualification file if he/she is
in intrastate commerce, even though self-employed. The driver must also SUMMARY: FMCSA announces receipt of
their vision disqualified them from have a copy of the exemption when applications from 12 individuals for an
driving in interstate commerce. We driving, for presentation to a duly exemption from the vision requirement
believe that the applicants’ intrastate authorized Federal, State, or local in the Federal Motor Carrier Safety
driving experience and history provide enforcement official. Regulations (FMCSRs) to operate a
an adequate basis for predicting their commercial motor vehicle (CMV) in
ability to drive safely in interstate VI. Preemption interstate commerce. If granted, the
commerce. Intrastate driving, like During the period the exemption is in exemptions will enable these
interstate operations, involves effect, no State shall enforce any law or individuals to operate CMVs in
substantial driving on highways on the regulation that conflicts with this interstate commerce without meeting
interstate system and on other roads exemption with respect to a person the vision requirement in one eye.
built to interstate standards. Moreover, operating under the exemption. DATES: Comments must be received on
driving in congested urban areas or before October 10, 2018.
exposes the driver to more pedestrian VII. Conclusion
ADDRESSES: You may submit comments
and vehicular traffic than exists on
Based upon its evaluation of the 12 bearing the Federal Docket Management
interstate highways. Faster reaction to
exemption applications, FMCSA System (FDMS) Docket No. FMCSA–
traffic and traffic signals is generally
exempts the following drivers from the 2018–0017 using any of the following
required because distances between
vision requirement, 49 CFR methods:
them are more compact. These
conditions tax visual capacity and
391.41(b)(10), subject to the • Federal eRulemaking Portal: Go to
requirements cited above: http://www.regulations.gov. Follow the
driver response just as intensely as
interstate driving conditions. Mark F. Besco (IA) online instructions for submitting
The applicants in this notice have William T. Cummins (KY) comments.
driven CMVs with their limited vision • Mail: Docket Management Facility;
Aaron L. Fox (OH) U.S. Department of Transportation, 1200
in careers ranging for 3 to 80 years. In
Ryan N. Goyne (AR) New Jersey Avenue SE, West Building
the past three years, two drivers were
involved in crashes, and no drivers were Eric M. Kohrs (IL) Ground Floor, Room W12–140,
convicted of moving violations in Michael P. Mazza (WA) Washington, DC 20590–0001.
CMVs. All the applicants achieved a James L. Okonek (WI) • Hand Delivery: West Building
record of safety while driving with their Jeffrey S. Rockhill (KS) Ground Floor, Room W12–140, 1200
vision impairment, demonstrating the New Jersey Avenue SE, Washington,
Travis D. Summerville (IL)
likelihood that they have adapted their DC, between 9 a.m. and 5 p.m., e.t.,
Lora D. Swindall (AL) Monday through Friday, except Federal
driving skills to accommodate their
Francis J. Toth (PA) Holidays.
condition. As the applicants’ ample
driving histories with their vision Joseph A. Zaccaro (AL) • Fax: 1–202–493–2251.
deficiencies are good predictors of In accordance with 49 U.S.C. 31136(e) Instructions: Each submission must
future performance, FMCSA concludes and 31315, each exemption will be valid include the Agency name and the
their ability to drive safely can be for two years from the effective date docket number(s) for this notice. Note
projected into the future. unless revoked earlier by FMCSA. The that all comments received will be
Consequently, FMCSA finds that in exemption will be revoked if the posted without change to http://
each case exempting these applicants following occurs: (1) The person fails to www.regulations.gov, including any
from the vision requirement in 49 CFR comply with the terms and conditions personal information provided. Please
391.41(b)(10) is likely to achieve a level of the exemption; (2) the exemption has see the Privacy Act heading below for
of safety equal to that existing without resulted in a lower level of safety than further information.
the exemption. was maintained prior to being granted; Docket: For access to the docket to
or (3) continuation of the exemption read background documents or
V. Conditions and Requirements comments, go to http://
would not be consistent with the goals
The terms and conditions of the and objectives of 49 U.S.C. 31136 and www.regulations.gov at any time or
daltland on DSKBBV9HB2PROD with NOTICES
exemption are provided to the 31315. Room W12–140 on the ground level of
applicants in the exemption document the West Building, 1200 New Jersey
and includes the following: (1) Each Issued on: August 30, 2018. Avenue SE, Washington, DC, between 9
driver must be physically examined Larry W. Minor, a.m. and 5 p.m., e.t., Monday through
every year (a) by an ophthalmologist or Associate Administrator for Policy. Friday, except Federal holidays. The
optometrist who attests that the vision [FR Doc. 2018–19579 Filed 9–7–18; 8:45 am] FDMS is available 24 hours each day,
in the better eye continues to meet the BILLING CODE 4910–EX–P 365 days each year. If you want
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convictions for moving violations in a trailer combinations for three years, in his right eye is 20/25, and in his left
CMV. accumulating 75,000 miles. He holds a eye, 20/160. Following an examination
Class A CDL from Minnesota. His in 2018, his optometrist stated, ‘‘In my
Darryl D. Kelley
driving record for the last three years medical opinion, he has vision
Mr. Kelley, 46, has had a macular hole shows no crashes and no convictions for sufficient [sic] to operate a commercial
in his right eye since childhood. The moving violations in a CMV. vehicle.’’ Mr. Ulitsch reported that he
visual acuity in his right eye is 20/100, has driven straight trucks for 46 years,
and in his left eye, 20/25. Following an John G. Mudd
accumulating 460,000 miles. He holds
examination in 2018, his optometrist Mr. Mudd, 53, had his left eye an operator’s license from Connecticut.
stated, ‘‘My medical opinion is that he enucleated due to a traumatic incident His driving record for the last three
has sufficient vision to perform all in 2015. The visual acuity in his right years shows no crashes and no
driving tasks for a commercial vehicle.’’ eye is 20/20, and in his left eye, no light convictions for moving violations in a
Mr. Kelley reported that he has driven perception. Following an examination CMV.
buses for 23 years, accumulating 1.42 in 2018, his optometrist stated, ‘‘Mr.
million miles. He holds a Class B CDL Mudd has sufficient vision to perform Casey O. Wootan
from Texas. His driving record for the the driving tasks required to operate a Mr. Wootan, 48, has had amblyopia in
last three years shows no crashes and no commercial vehicle.’’ Mr. Mudd his left eye since childhood. The visual
convictions for moving violations in a reported that he has driven straight acuity in his right eye is 20/15, and in
CMV. trucks for five years, accumulating his left eye, 20/200. Following an
50,000 miles, and tractor-trailer examination in 2018, his optometrist
Thomas J. Knapp
combinations for five years, stated, ‘‘In my medical opinion, Casey
Mr. Knapp, 58, has had amblyopia in accumulating 75,000 miles. He holds a Wootan has sufficient vision to perform
his left eye since birth. The visual acuity Class DA CDL from Kentucky. His the driving tasks required to operate a
in his right eye is 20/15, and in his left driving record for the last three years commercial vehicle.’’ Mr. Wootan
eye, 20/150. Following an examination shows no crashes and no convictions for reported that he has driven straight
in 2018, his optometrist stated, ‘‘It is my moving violations in a CMV. trucks for 20 years, accumulating
professional opinion that Mr [sic] 100,000 miles, and tractor-trailer
Knapp has sufficient vision to perform Jeffrey Ridenhour
combinations for 15 years, accumulating
the driving tasks required to operate a Mr. Ridenhour, 48, has a macular scar 600,000 miles. He holds a Class A CDL
commercial vehicle.’’ Mr. Knapp in his right eye due to a traumatic from Montana. His driving record for
reported that he has driven buses for incident in 1998. The visual acuity in the last three years shows no crashes
three years, accumulating 60,000 miles. his right eye is 20/80, and in his left eye, and no convictions for moving
He holds a Class A CDL from 20/20. Following an examination in violations in a CMV.
Washington. His driving record for the 2018, his optometrist stated, ‘‘In my
last three years shows no crashes and no medical opinion, Mr. Ridenhour has James C. Wright
convictions for moving violations in a sufficient enough vision to perform the Mr. Wright, 42, has a retinal scar in
CMV. driving tasks required to operate a his right eye due to a traumatic incident
commercial vehicle.’’ Mr. Ridenhour in 2008. The visual acuity in his right
Darrell D. Kropf
reported that he has driven tractor- eye is 20/200, and in his left eye, 20/20.
Mr. Kropf, 43, has had amblyopia in trailer combinations for four years, Following an examination in 2018, his
his left eye since childhood. The visual accumulating 32,000 miles. He holds a optometrist stated, ‘‘Mr. Wright’s
acuity in his right eye is 20/20, and in Class A CDL from Arkansas. His driving condition is stable and I feel he should
his left eye, 20/400. Following an record for the last three years shows no be able to operate a commercial vehicle
examination in 2018, his crashes and no convictions for moving safely without correction.’’ Mr. Wright
ophthalmologist stated, ‘‘In my opinion violations in a CMV. reported that he has driven straight
the patient has sufficient vision to trucks for ten years, accumulating
perform the driving tasks required to John R. Russ II
50,000 miles. He holds a Class B CDL
operate a commercial vehicle.’’ Mr. Mr. Russ, 71, has a prosthetic left eye from Minnesota. His driving record for
Kropf reported that he has driven due to a traumatic incident in 2010. The the last three years shows no crashes
tractor-trailer combinations for 21 years, visual acuity in his right eye is no light and no convictions for moving
accumulating 945,000 miles. He holds a perception, and in his left eye, 20/20. violations in a CMV.
Class A CDL from California. His Following an examination in 2018, his
driving record for the last three years ophthalmologist stated, ‘‘In my opinion, III. Request for Comments
shows no crashes and no convictions for his vision in the left eye is sufficient to In accordance with 49 U.S.C. 31136(e)
moving violations in a CMV. perform the driving tasks required to and 31315, FMCSA requests public
operate a commercial vehicle.’’ Mr. Russ comment from all interested persons on
Nathanael Lee
reported that he has driven straight the exemption petitions described in
Mr. Lee, 22, has had amblyopia in his trucks for 45 years, accumulating this notice. We will consider all
left eye since childhood. The visual 675,000 miles, and tractor-trailer comments and material received before
acuity in his right eye is 20/20, and in combinations for 35 years, accumulating the close of business on the closing date
his left eye, 20/400. Following an 350,000 miles. He holds a Class A CDL indicated in the dates section of the
examination in 2018, his from North Carolina. His driving record notice.
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ophthalmologist stated, ‘‘In my opinion for the last three years shows no crashes
he does have sufficient vision and is IV. Submitting Comments
and no convictions for moving
well adapted to his vision in order to violations in a CMV. You may submit your comments and
operate a commercial vehicle for driving material online or by fax, mail, or hand
tasks.’’ Mr. Lee reported that he has Gary A. Ulitsch delivery, but please use only one of
driven straight trucks for two years, Mr. Ulitsch, 64, has had amblyopia in these means. FMCSA recommends that
accumulating 9,000 miles, and tractor- his left eye since birth. The visual acuity you include your name and a mailing
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address, an email address, or a phone individuals to continue to operate CMVs person is physically qualified to driver
number in the body of your document in interstate commerce. a CMV if that person first perceives a
so that FMCSA can contact you if there DATES: The exemptions were applicable forced whispered voice in the better ear
are questions regarding your on May 18, 2018. The exemptions at not less than 5 feet with or without
submission. expire on May 18, 2020. the use of a hearing aid or, if tested by
To submit your comment online, go to use of an audiometric device, does not
FOR FURTHER INFORMATION CONTACT: Ms.
http://www.regulations.gov and in the have an average hearing loss in the
Christine A. Hydock, Chief, Medical
search box insert the docket number better ear greater than 40 decibels at 500
Programs Division, 202–366–4001,
FMCSA–2018–0017 and click the search
fmcsamedical@dot.gov, FMCSA, Hz, 1,000 Hz, and 2,000 Hz with or
button. When the new screen appears,
Department of Transportation, 1200 without a hearing aid when the
click on the blue ‘‘Comment Now!’’
New Jersey Avenue SE, Room W64–224, audiometric device is calibrated to
button on the right hand side of the
Washington, DC 20590–0001. Office American National Standard (formerly
page. On the new page, enter
hours are from 8:30 a.m. to 5 p.m., e.t., ASA Standard) Z24.5–1951.
information required including the
Monday through Friday, except Federal
specific section of this document to 49 CFR 391.41(b)(11) was adopted in
which each comment applies, and holidays. If you have questions
1970, with a revision in 1971 to allow
provide a reason for each suggestion or regarding viewing or submitting
drivers to be qualified under this
recommendation. If you submit your material to the docket, contact Docket
Services, telephone (202) 366–9826. standard while wearing a hearing aid,
comments by mail or hand delivery, 35 FR 6458, 6463 (April 22, 1970) and
submit them in an unbound format, no SUPPLEMENTARY INFORMATION:
36 FR 12857 (July 3, 1971).
larger than 81⁄2 by 11 inches, suitable for I. Electronic Access
copying and electronic filing. If you III. Discussion of Comments
submit comments by mail and would You may see all the comments online
through the Federal Document FMCSA received no comments in this
like to know that they reached the
facility, please enclose a stamped, self- Management System (FDMS) at: http:// preceding.
addressed postcard or envelope. www.regulations.gov.
Conclusion
We will consider all comments and Docket: For access to the docket to
materials received during the comment read background documents or Based upon its evaluation of the 3
period. FMCSA may issue a final comments, go to http:// renewal exemption applications,
determination at any time after the close www.regulations.gov and/or Room FMCSA announces its’ decision to
of the comment period. W12–140 on the ground level of the exempt the following drivers from the
West Building, 1200 New Jersey Avenue hearing requirement in 49 CFR 391.41
V. Viewing Comments and Documents SE, Washington, DC, between 9 a.m. and
(b)(11):
To view comments, as well as any 5 p.m., e.t., Monday through Friday,
documents mentioned in this preamble, except Federal holidays. As of May 18, and in accordance with
go to http://www.regulations.gov and in Privacy Act: In accordance with 5 49 U.S.C. 31136(e) and 31315, the
the search box insert the docket number U.S.C. 553(c), DOT solicits comments following 3 individuals have satisfied
FMCSA–2018–0017 and click ‘‘Search.’’ from the public to better inform its the renewal conditions for obtaining an
Next, click ‘‘Open Docket Folder’’ and rulemaking process. DOT posts these exemption from the hearing requirement
you will find all documents and comments, without edit, including any in the FMCSRs for interstate CMV
comments related to this notice. personal information the commenter drivers (83 FR 28319).
Issued on: August 30, 2018
provides, to http://www.regulations.gov, Tom Buretz, (FL); James Dalrymple,
as described in the system of records (AZ); and Derron Washington, (IL).
Larry W. Minor,
notice (DOT/ALL–14 FDMS), which can
Associate Administrator for Policy. The drivers were included in docket
be reviewed at http://www.dot.gov/
[FR Doc. 2018–19581 Filed 9–7–18; 8:45 am] privacy. number FMCSA–2015–0328. Their
BILLING CODE 4910–EX–P exemptions are applicable as of May 18,
II. Background 2018, and will expire on May18, 2020.
On June 18, 2018, FMCSA published In accordance with 49 U.S.C. 31315,
DEPARTMENT OF TRANSPORTATION a notice announcing its decision to each exemption will be valid for two
renew exemptions for 3 individuals years from the effective date unless
Federal Motor Carrier Safety
from the hearing standard in 49 CFR revoked earlier by FMCSA. The
Administration
391.41(b)(11) to operate a CMV in
exemption will be revoked if the
[Docket No. FMCSA–2015–0328] interstate commerce and requested
following occurs: (1) The person fails to
comments from the public (83 FR
Qualification of Drivers; Exemption comply with the terms and conditions
28319). The public comment period
Applications; Hearing ended on July 18, 2018, and no of the exemption; (2) the exemption has
comments were received. resulted in a lower level of safety than
AGENCY: Federal Motor Carrier Safety was maintained prior to being granted;
Administration (FMCSA), DOT. As stated in the previous notice,
FMCSA has evaluated the eligibility of or (3) continuation of the exemption
ACTION: Notice of final disposition.
these applicants and determined that would not be consistent with the goals
SUMMARY: FMCSA announces its renewing these exemptions would and objectives of 49 U.S.C. 31136 and
daltland on DSKBBV9HB2PROD with NOTICES
decision to renew exemptions for 3 achieve a level of safety equivalent to or 31315.
individuals from the hearing greater than the level that would be Issued on: August 30, 2018.
requirement in the Federal Motor achieved by complying with the current Larry W. Minor,
Carrier Safety Regulations (FMCSRs) for regulation 49 CFR 391.41(b)(11).
Associate Administrator for Policy.
interstate commercial motor vehicle The physical qualification standard
(CMV) drivers. The exemptions enable for drivers regarding hearing found in [FR Doc. 2018–19575 Filed 9–7–18; 8:45 am]
these hard of hearing and deaf 49 CFR 391.41(b)(11) states that a BILLING CODE 4910–EX–P
VerDate Sep<11>2014 17:54 Sep 07, 2018 Jkt 244001 PO 00000 Frm 00160 Fmt 4703 Sfmt 9990 E:\FR\FM\10SEN1.SGM 10SEN1](https://thefederalregister.org/doc/83_FR_45925/page/4.svg)
Document Created: 2018-09-08 00:42:28
Document Modified: 2018-09-08 00:42:28
| 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 October 10, 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 45750 |
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