83 FR 53727 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 206 (October 24, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 206 (October 24, 2018)
| Page Range | 53727-53730 | |
| FR Document | 2018-23232 |
[Federal Register Volume 83, Number 206 (Wednesday, October 24, 2018)] [Notices] [Pages 53727-53730] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-23232] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2018-0018] Qualification of Drivers; Exemption Applications; Vision AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemption; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces receipt of applications from 11 individuals for an exemption from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) to operate a commercial motor vehicle (CMV) in interstate commerce. If granted, the exemptions will enable these individuals to operate CMVs in interstate commerce without meeting the vision requirement in one eye. DATES: Comments must be received on or before November 23, 2018. ADDRESSES: You may submit comments identified by the Federal Docket Management System (FDMS) Docket No. FMCSA-2018-0018 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., ET, Monday through Friday, except Federal Holidays. Fax: 1-202-493-2251. To avoid duplication, please use only one of these four methods. See the ``Public Participation'' portion of the SUPPLEMENTARY INFORMATION section for instructions on submitting comments. 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., ET, [[Page 53728]] 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. Public Participation A. Submitting Comments If you submit a comment, please include the docket number for this notice Docket No. FMCSA-2018-0018, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. 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, put the docket number, FMCSA-2018-0018, in the keyword box, and click ``Search.'' When the new screen appears, click on the ``Comment Now!'' button and type your comment into the text box on the following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party and then submit. 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. FMCSA will consider all comments and material received during the comment period. B. Viewing Documents and Comments To view comments, as well as any documents mentioned in this notice as being available in the docket, go to http://www.regulations.gov. Insert the docket number, FMCSA-2018-0018, in the keyword box, and click ``Search.'' Next, click the ``Open Docket Folder'' button and choose the document to review. If you do not have access to the internet, you may view the docket online by visiting the Docket Management Facility in Room W12-140 on the Ground Floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. C. 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 www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. II. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the FMCSRs for a five-year period if it finds ``such exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such exemption.'' The statute also allows the Agency to renew exemptions at the end of the five-year period. FMCSA grants exemptions from the FMCSRs for a two- year period to align with the maximum duration of a driver's medical certification. The 11 individuals listed in this notice have requested an exemption from the vision requirement in 49 CFR 391.41(b)(10). Accordingly, the Agency will evaluate the qualifications of each applicant to determine whether granting an exemption will achieve the required level of safety mandated by statute. The physical qualification standard for drivers regarding vision found in 49 CFR 391.41(b)(10) states that a person is physically qualified to drive a CMV if that person has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of at least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70[deg] in the horizontal Meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing standard red, green, and amber. In July 1992, the Agency first published the criteria for the Vision Waiver Program, which listed the conditions and reporting standards that CMV drivers approved for participation would need to meet (Qualification of Drivers; Vision Waivers, 57 FR 31458, July 16, 1992). The current Vision Exemption Program was established in 1998, following the enactment of amendments to the statutes governing exemptions made by Sec. 4007 of the Transportation Equity Act for the 21st Century (TEA-21), Public Law 105-178, 112 Stat. 107, 401 (June 9, 1998). Vision exemptions are considered under the procedures established in 49 CFR part 381 subpart C, on a case-by-case basis upon application by CMV drivers who do not meet the vision standards of 49 CFR 391.41(b)(10). To qualify for an exemption from the vision requirement, FMCSA requires a person to present verifiable evidence that he/she has driven a commercial vehicle safely with the vision deficiency for the past three years. Recent driving performance is especially important in evaluating future safety, according to several research studies designed to correlate past and future driving performance. Results of these studies support the principle that the best predictor of future performance by a driver is his/her past record of crashes and traffic violations. Copies of the studies may be found at Docket Number FMCSA- 1998-3637. 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 [[Page 53729]] 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. III. Qualifications of Applicants Brian K. Aldridge Mr. Aldridge, 46, 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 optometrist stated, ``My medical opinion is that patient has sufficient vision to perform driving tasks required for commercial vehicle.'' Mr. Aldridge reported that he has driven straight trucks for seven years, accumulating 54,600 miles. He holds a Class B CDL from Ohio. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Peter A. Clarke Mr. Clarke, 53, has macular scarring in his left eye due to a traumatic incident in his childhood. The visual acuity in his right eye is 20/20, and in his left eye, counting fingers. Following an examination in 2018, his optometrist stated, ``I attest that Peter Clarke has sufficient vision to qualify to operate a commercial vehicle.'' Mr. Clarke reported that he has driven straight trucks for 15 years, accumulating 225,000 miles. He holds an operator's license from Washington. His driving record for the last three years shows no crashes and one conviction for a moving violation in a CMV; failure to obey traffic control device. Lane D. Fuller Mr. Fuller, 25, has had neuroretinitis in his right eye since 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 optometrist stated, ``I feel Lane has excellent vision with his left eye and can safely operate a commercial vehicle with his VA and field of vision of his left eye.'' Mr. Fuller reported that he has driven straight trucks for seven years, accumulating 143,000 miles, and tractor-trailer combinations for seven years, accumulating 364,000 miles. He holds a Class A CDL from Kansas. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Justin M. Goins Mr. Goins, 34, has a retinal detachment in his right eye due to a traumatic incident in childhood. The visual acuity in his right eye is no light perception, and in his left eye, 20/20. Following an examination in 2018, his optometrist stated, ``It is my opinion that Justin Goins has sufficient vision to operate a commercial vehicle.'' Mr. Goins reported that he has driven straight trucks for eight years, accumulating 76,000 miles, and tractor-trailer combinations for eight years, accumulating 32,000 miles. He holds an operator's license from Michigan. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Alfred R. Knotts, Jr. Mr. Knotts, 56, has had complete loss of vision in left eye since birth. The visual acuity in his right eye is 20/20, and in his left eye, no light perception. Following an examination in 2018, his ophthalmologist stated, ``This is to certify that in my opinion Mr. Alfred R. Knotts Jr. clearly has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Knotts reported that he has driven straight trucks for 26 years, accumulating 156,000 miles. He holds a Class B CDL from Pennsylvania. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Margurette Mungro Ms. Mungro, 58, has had a retinal detachment in her left eye since 2014. The visual acuity in her right eye is 20/30, and in her left eye, 20/100. Following an examination in 2018, her ophthalmologist stated, ``In my opinion she does have sufficient vision to drive comerical veHICLE [sic].'' Ms. Mungro reported that she has driven tractor- trailer combinations for 36 years, accumulating 3.6 million miles. She holds a Class A CDL from North Carolina. Her driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Jerome Nezworski Mr. Nezworski, 64, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/20, and in his left eye, 20/60. Following an examination in 2018, his ophthalmologist stated, ``In my medical opinion, patient has sufficient vision to perform driving tasks associated with operating a commercial vehicle.'' Mr. Nezworski reported that he has driven straight trucks for 42 years, accumulating 1 million miles. He holds a Class CD CDL from Michigan. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. James E. Smith Mr. Smith, 39, has had a central retinal vein occlusion in his right eye since 2014. The visual acuity in his right eye is light perception, and in his left eye, 20/20. Following an examination in 2018, his optometrist stated, ``In my medical opinion, James has sufficient vision to perform driving tasks required to operate a commercial vehicle.'' Mr. Smith reported that he has driven straight trucks for 20 years, accumulating 800,000 miles, and tractor-trailer combinations for seven years, accumulating 210,000 miles. He holds a Class A CDL from Florida. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Marcel Spinu Mr. Spinu, 54, had a retinal detachment in his right eye due to a traumatic incident in 1999. The visual acuity in his right eye is light perception, and in his left eye, 20/20. Following an examination in 2018, his optometrist stated, ``In my medical opinion, patient has sufficient vision to perform driving tasks require [sic] to operate a commercial vehicle.'' Mr. Spinu reported that he has driven straight trucks for one year, accumulating 50,000 miles, and tractor-trailer combinations for 14 years, accumulating 1.54 million miles. He holds an operator's license from Washington. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Francisco J. Torres Mr. Torres, 51, has a prosthetic right eye due to a traumatic incident in childhood. The visual acuity in his right eye is no light perception, and in his left eye, 20/20. Following an examination in 2018, his optometrist stated, ``Left eye is best corrected to 20/20 at distance and near and is stable. From all the findings, he is able to perform the driving tasks required to operate a commercial vehicle.'' Mr. Torres reported that he has driven straight trucks for 30 years, accumulating 1.2 million miles, and tractor-trailer combinations for 30 years, accumulating 1.2 million miles. He holds a Class AM CDL from Pennsylvania. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. [[Page 53730]] William Walden Mr. Walden, 58, has a macular scar in his right eye due to a traumatic incident in childhood. The visual acuity in his right eye is hand motion, and in his left eye, 20/20. Following an examination in 2018, his optometrist stated, ``My medical opinion is that Mr. Walden has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Walden reported that he has driven straight trucks for 35 years, accumulating 1.68 million miles. He holds a Class BM CDL from Alabama. His driving record for the last three years shows one crash, for which he was not cited, and no convictions for moving violations in a CMV. IV. 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. Issued on: October 15, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-23232 Filed 10-23-18; 8:45 am] BILLING CODE 4910-EX-P
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0174; FMCSA–2008–0231; FMCSA– Johnny E. Hill (AL) Issued on: October 15, 2018.
2008–0266; FMCSA–2009–0291; Justin A. Hooper (MO) Larry W. Minor,
FMCSA–2010–0161; FMCSA–2010– John R. Horst (PA) Associate Administrator for Policy.
0187; FMCSA–2010–0201; FMCSA– Robert E. Kelley (WA) [FR Doc. 2018–23234 Filed 10–23–18; 8:45 am]
2012–0040; FMCSA–2012–0161;
James F. McLaughlin (MN) BILLING CODE 4910–EX–P
FMCSA–2012–0214; FMCSA–2012–
0215; FMCSA–2013–0029; FMCSA– Michael J. Monroe (IA)
2013–0030; FMCSA–2013–0166; Brian T. Morrison (MO) DEPARTMENT OF TRANSPORTATION
FMCSA–2013–0168; FMCSA–2013– The drivers were included in docket
0170; FMCSA–2014–0003; FMCSA– numbers FMCSA–2014–0297; 2016– Federal Motor Carrier Safety
2014–0004; FMCSA–2014–0006; 0210. Their exemptions are applicable Administration
FMCSA–2014–0007; FMCSA–2014– as of November 22, 2018, and will [Docket No. FMCSA–2018–0018]
0010; FMCSA–2014–0011; FMCSA– expire on November 22, 2020.
2014–0296; FMCSA–2015–0072; Qualification of Drivers; Exemption
FMCSA–2016–0028; FMCSA–2016– V. Conditions and Requirements
Applications; Vision
0029; FMCSA–2016–0031. Their The exemptions are extended subject
exemptions are applicable as of to the following conditions: (1) Each AGENCY: Federal Motor Carrier Safety
November 9, 2018, and will expire on driver must undergo an annual physical Administration (FMCSA), DOT.
November 9, 2020. examination (a) by an ophthalmologist ACTION: Notice of applications for
As of November 11, 2018, and in or optometrist who attests that the exemption; request for comments.
accordance with 49 U.S.C. 31136(e) and vision in the better eye continues to
31315, the following 22 individuals SUMMARY: FMCSA announces receipt of
meet the requirements in 49 CFR
have satisfied the renewal conditions for applications from 11 individuals for an
391.41(b)(10), and (b) by a certified
obtaining an exemption from the vision exemption from the vision requirement
Medical Examiner, as defined by 49 CFR
requirement in the FMCSRs for in the Federal Motor Carrier Safety
390.5, who attests that the driver is
interstate CMV drivers (81 FR 70248; 81 Regulations (FMCSRs) to operate a
otherwise physically qualified under 49
FR 70251; 81 FR 70253; 81 FR 90046; commercial motor vehicle (CMV) in
CFR 391.41; (2) each driver must
81 FR 96178; 81 FR 96191): interstate commerce. If granted, the
provide a copy of the ophthalmologist’s
exemptions will enable these
Elijah A. Allen (AR) or optometrist’s report to the Medical
individuals to operate CMVs in
Randal D. Aukes (MN) Examiner at the time of the annual
Daniel L. Bawden (IL) interstate commerce without meeting
medical examination; and (3) each
Keith D. Blackwell (TX) the vision requirement in one eye.
driver must provide a copy of the
Kathy J. Brown (OH) annual medical certification to the DATES: Comments must be received on
Louis J. Cullen (NJ) employer for retention in the driver’s or before November 23, 2018.
Edwin P. Davis (OR) qualification file or keep a copy of his/ ADDRESSES: You may submit comments
Wayne L. Dorbert (PA) her driver’s qualification if he/her is identified by the Federal Docket
Timothy J. Dougherty (MN) self- employed. The driver must also Management System (FDMS) Docket No.
Kelly L. Ewing (PA) have a copy of the exemption when FMCSA–2018–0018 using any of the
Joseph G. Fischer (MO) driving, for presentation to a duly following methods:
Josh Gallant (SC) authorized Federal, State, or local • Federal eRulemaking Portal: Go to
Stanley W. Goble (IA) enforcement official. The exemption http://www.regulations.gov. Follow the
John P. Grum (PA) will be rescinded if: (1) The person fails online instructions for submitting
William R. Guida (PA) to comply with the terms and comments.
Jerry L. Hayden (IA) conditions of the exemption; (2) the • Mail: Docket Management Facility;
Nylo K. Helberg (ND) exemption has resulted in a lower level U.S. Department of Transportation, 1200
Dillon L. Hendren (SC) of safety than was maintained before it New Jersey Avenue SE, West Building
J.W. Keener (PA) was granted; or (3) continuation of the Ground Floor, Room W12–140,
George P. Mendiola (CA) exemption would not be consistent with Washington, DC 20590–0001.
Alfred L. Robinson (AR) the goals and objectives of 49 U.S.C. • Hand Delivery: West Building
Jerry L. Smith (VA) 31136(e) and 31315. Ground Floor, Room W12–140, 1200
The drivers were included in docket New Jersey Avenue SE, Washington,
numbers FMCSA–2016–0207; FMCSA– VI. Preemption DC, between 9 a.m. and 5 p.m., ET,
2016–0208; FMCSA–2016–0209. Their During the period the exemption is in Monday through Friday, except Federal
exemptions are applicable as of effect, no State shall enforce any law or Holidays.
November 11, 2018, and will expire on regulation that conflicts with this • Fax: 1–202–493–2251.
November 11, 2020. exemption with respect to a person To avoid duplication, please use only
As of November 22, 2018, and in operating under the exemption. one of these four methods. See the
accordance with 49 U.S.C. 31136(e) and ‘‘Public Participation’’ portion of the
31315, the following ten individuals VII. Conclusion SUPPLEMENTARY INFORMATION section for
have satisfied the renewal conditions for Based upon its evaluation of the 85 instructions on submitting comments.
obtaining an exemption from the vision exemption applications, FMCSA renews FOR FURTHER INFORMATION CONTACT: Ms.
amozie on DSK3GDR082PROD with NOTICES1
requirement in the FMCSRs for the exemptions of the aforementioned Christine A. Hydock, Chief, Medical
interstate CMV drivers (79 FR 63211; 80 drivers from the vision requirement in Programs Division, (202) 366–4001,
FR 2471; 81 FR 72664; 81 FR 80161; 81 49 CFR 391.41(b)(10), subject to the fmcsamedical@dot.gov, FMCSA,
FR 94013): requirements cited above. In accordance Department of Transportation, 1200
Harry R. Brewer (TN) with 49 U.S.C. 31136(e) and 31315, each New Jersey Avenue SE, Room W64–224,
Kevin J. Embrey (IN) exemption will be valid for two years Washington, DC 20590–0001. Office
Peter J. Faber (NE) unless revoked earlier by FMCSA. hours are 8:30 a.m. to 5 p.m., ET,
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predictor for both concurrent and visual acuity in his right eye is no light shows no crashes and no convictions for
nonconcurrent events is the number of perception, and in his left eye, 20/20. moving violations in a CMV.
single convictions. This study used Following an examination in 2018, his
three consecutive years of data, optometrist stated, ‘‘It is my opinion James E. Smith
comparing the experiences of drivers in that Justin Goins has sufficient vision to Mr. Smith, 39, has had a central
the first two years with their operate a commercial vehicle.’’ Mr. retinal vein occlusion in his right eye
experiences in the final year. Goins reported that he has driven since 2014. The visual acuity in his
III. Qualifications of Applicants straight trucks for eight years, right eye is light perception, and in his
accumulating 76,000 miles, and tractor- left eye, 20/20. Following an
Brian K. Aldridge trailer combinations for eight years,
examination in 2018, his optometrist
Mr. Aldridge, 46, has had amblyopia accumulating 32,000 miles. He holds an
stated, ‘‘In my medical opinion, James
in his left eye since childhood. The operator’s license from Michigan. His
has sufficient vision to perform driving
visual acuity in his right eye is 20/20, driving record for the last three years
shows no crashes and no convictions for tasks required to operate a commercial
and in his left eye, 20/400. Following an vehicle.’’ Mr. Smith reported that he has
examination in 2018, his optometrist moving violations in a CMV.
driven straight trucks for 20 years,
stated, ‘‘My medical opinion is that Alfred R. Knotts, Jr. accumulating 800,000 miles, and
patient has sufficient vision to perform
Mr. Knotts, 56, has had complete loss tractor-trailer combinations for seven
driving tasks required for commercial
vehicle.’’ Mr. Aldridge reported that he of vision in left eye since birth. The years, accumulating 210,000 miles. He
has driven straight trucks for seven visual acuity in his right eye is 20/20, holds a Class A CDL from Florida. His
years, accumulating 54,600 miles. He and in his left eye, no light perception. driving record for the last three years
holds a Class B CDL from Ohio. His Following an examination in 2018, his shows no crashes and no convictions for
driving record for the last three years ophthalmologist stated, ‘‘This is to moving violations in a CMV.
shows no crashes and no convictions for certify that in my opinion Mr. Alfred R. Marcel Spinu
moving violations in a CMV. Knotts Jr. clearly has sufficient vision to
perform the driving tasks required to Mr. Spinu, 54, had a retinal
Peter A. Clarke
operate a commercial vehicle.’’ Mr. detachment in his right eye due to a
Mr. Clarke, 53, has macular scarring Knotts reported that he has driven traumatic incident in 1999. The visual
in his left eye due to a traumatic straight trucks for 26 years, acuity in his right eye is light
incident in his childhood. The visual accumulating 156,000 miles. He holds a perception, and in his left eye, 20/20.
acuity in his right eye is 20/20, and in Class B CDL from Pennsylvania. His Following an examination in 2018, his
his left eye, counting fingers. Following driving record for the last three years optometrist stated, ‘‘In my medical
an examination in 2018, his optometrist shows no crashes and no convictions for opinion, patient has sufficient vision to
stated, ‘‘I attest that Peter Clarke has moving violations in a CMV. perform driving tasks require [sic] to
sufficient vision to qualify to operate a
Margurette Mungro operate a commercial vehicle.’’ Mr.
commercial vehicle.’’ Mr. Clarke
Spinu reported that he has driven
reported that he has driven straight Ms. Mungro, 58, has had a retinal
trucks for 15 years, accumulating straight trucks for one year,
detachment in her left eye since 2014. accumulating 50,000 miles, and tractor-
225,000 miles. He holds an operator’s The visual acuity in her right eye is 20/
license from Washington. His driving trailer combinations for 14 years,
30, and in her left eye, 20/100. accumulating 1.54 million miles. He
record for the last three years shows no Following an examination in 2018, her
crashes and one conviction for a moving holds an operator’s license from
ophthalmologist stated, ‘‘In my opinion Washington. His driving record for the
violation in a CMV; failure to obey she does have sufficient vision to drive
traffic control device. last three years shows no crashes and no
comerical veHICLE [sic].’’ Ms. Mungro convictions for moving violations in a
Lane D. Fuller reported that she has driven tractor- CMV.
Mr. Fuller, 25, has had neuroretinitis trailer combinations for 36 years,
in his right eye since 2010. The visual accumulating 3.6 million miles. She Francisco J. Torres
acuity in his right eye is no light holds a Class A CDL from North
Carolina. Her driving record for the last Mr. Torres, 51, has a prosthetic right
perception, and in his left eye, 20/20. eye due to a traumatic incident in
Following an examination in 2018, his three years shows no crashes and no
convictions for moving violations in a childhood. The visual acuity in his right
optometrist stated, ‘‘I feel Lane has eye is no light perception, and in his left
excellent vision with his left eye and CMV.
eye, 20/20. Following an examination in
can safely operate a commercial vehicle Jerome Nezworski 2018, his optometrist stated, ‘‘Left eye is
with his VA and field of vision of his
Mr. Nezworski, 64, has had amblyopia best corrected to 20/20 at distance and
left eye.’’ Mr. Fuller reported that he has
in his left eye since childhood. The near and is stable. From all the findings,
driven straight trucks for seven years,
visual acuity in his right eye is 20/20, he is able to perform the driving tasks
accumulating 143,000 miles, and
tractor-trailer combinations for seven and in his left eye, 20/60. Following an required to operate a commercial
years, accumulating 364,000 miles. He examination in 2018, his vehicle.’’ Mr. Torres reported that he
holds a Class A CDL from Kansas. His ophthalmologist stated, ‘‘In my medical has driven straight trucks for 30 years,
driving record for the last three years opinion, patient has sufficient vision to accumulating 1.2 million miles, and
amozie on DSK3GDR082PROD with NOTICES1
shows no crashes and no convictions for perform driving tasks associated with tractor-trailer combinations for 30 years,
moving violations in a CMV. operating a commercial vehicle.’’ Mr. accumulating 1.2 million miles. He
Nezworski reported that he has driven holds a Class AM CDL from
Justin M. Goins straight trucks for 42 years, Pennsylvania. His driving record for the
Mr. Goins, 34, has a retinal accumulating 1 million miles. He holds last three years shows no crashes and no
detachment in his right eye due to a a Class CD CDL from Michigan. His convictions for moving violations in a
traumatic incident in childhood. The driving record for the last three years CMV.
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William Walden FOR FURTHER INFORMATION CONTACT: Ms. As stated in the previous notice,
Mr. Walden, 58, has a macular scar in Christine A. Hydock, Chief, Medical FMCSA has evaluated the eligibility of
his right eye due to a traumatic incident Programs Division, 202–366–4001, these applicants and determined that
in childhood. The visual acuity in his fmcsamedical@dot.gov, FMCSA, renewing these exemptions would
right eye is hand motion, and in his left Department of Transportation, 1200 achieve a level of safety equivalent to or
eye, 20/20. Following an examination in New Jersey Avenue SE, Room W64–224, greater than the level that would be
2018, his optometrist stated, ‘‘My Washington, DC 20590–0001. Office achieved by complying with the current
medical opinion is that Mr. Walden has hours are from 8:30 a.m. to 5:30 p.m., regulation 49 CFR 391.41(b)(3).
sufficient vision to perform the driving ET, Monday through Friday, except The physical qualification standard
tasks required to operate a commercial Federal holidays. If you have questions for drivers regarding diabetes found in
vehicle.’’ Mr. Walden reported that he regarding viewing or submitting 49 CFR 391.41(b)(3) states that a person
has driven straight trucks for 35 years, material to the docket, contact Docket is physically qualified to drive a CMV
accumulating 1.68 million miles. He Services, telephone (202) 366–9826. if that person has no established
holds a Class BM CDL from Alabama. SUPPLEMENTARY INFORMATION: medical history or clinical diagnosis of
His driving record for the last three diabetes mellitus currently requiring
I. Public Participation insulin for control.
years shows one crash, for which he was
not cited, and no convictions for moving A. Viewing Documents and Comments III. Discussion of Comments
violations in a CMV. To view comments, as well as any FMCSA received no comments in this
IV. Request for Comments documents mentioned in this notice as preceding.
being available in the docket, go to
In accordance with 49 U.S.C. 31136(e) IV. Conclusion
and 31315, FMCSA requests public http://www.regulations.gov. Insert the
comment from all interested persons on docket number, FMCSA–2010–0188; Based on its evaluation of the 192
the exemption petitions described in FMCSA–2012–0164; FMCSA–2014– renewal exemption applications and
this notice. We will consider all 0019; FMCSA–2014–0020; FMCSA– comments received, FMCSA confirms
comments and material received before 2016–0043; FMCSA–2016–0216; its’ decision to exempt the following
the close of business on the closing date FMCSA–2016–0218; FMCSA–2016– drivers from the rule prohibiting drivers
indicated in the dates section of the 0219, in the keyword box, and click with ITDM from driving CMVs in
notice. ‘‘Search.’’ Next, click the ‘‘Open Docket interstate commerce in 49 CFR
Folder’’ button and choose the 391.41(b)(3):
Issued on: October 15, 2018. document to review. If you do not have In accordance with 49 U.S.C. 31136(e)
Larry W. Minor, access to the internet, you may view the and 31315, the following groups of
Associate Administrator for Policy. docket online by visiting the Docket drivers received renewed exemptions in
[FR Doc. 2018–23232 Filed 10–23–18; 8:45 am] Management Facility in Room W12–140 the month of September and are
BILLING CODE 4910–EX–P on the ground floor of the DOT West discussed below:
Building, 1200 New Jersey Avenue SE, As of September 7, 2018, and in
Washington, DC 20590, between 9 a.m. accordance with 49 U.S.C. 31136(e) and
DEPARTMENT OF TRANSPORTATION and 5 p.m., ET, Monday through Friday, 31315, the following 29 individuals
except Federal holidays. have satisfied the renewal conditions for
Federal Motor Carrier Safety
Administration B. Privacy Act obtaining an exemption from the rule
prohibiting drivers with ITDM from
[Docket No. FMCSA–2010–0188; FMCSA– In accordance with 5 U.S.C. 553(c), driving CMVs in interstate commerce
2012–0164; FMCSA–2014–0019; FMCSA– DOT solicits comments from the public (81 FR 51541; 81 FR 72651):
2014–0020; FMCSA–2016–0043; FMCSA– to better inform its rulemaking process.
2016–0216; FMCSA–2016–0218; FMCSA– Larry S. Ankerson (WI)
DOT posts these comments, without Kenneth D. Beatty (MS)
2016–0219] edit, including any personal information Brandon J. Brown (TN)
the commenter provides, to Justin D. Campbell (AL)
Qualification of Drivers; Exemption
www.regulations.gov, as described in Vito J. Dambra (PA)
Applications; Diabetes
the system of records notice (DOT/ALL– Linda D. Davis (IN)
AGENCY: Federal Motor Carrier Safety 14 FDMS), which can be reviewed at Frank A. DeCarolis (KS)
Administration (FMCSA), DOT. www.dot.gov/privacy. Orlando Dominguez (CA)
ACTION: Notice of final disposition. Scott L. Fetzer (PA)
II. Background
Carl E. Fisher (PA)
SUMMARY: FMCSA announces its On August 15, 2018, FMCSA Ryan A. Gehrke (MN)
decision to renew exemptions for 192 published a notice announcing its Shane R. Gousie (MA)
individuals from its prohibition in the decision to renew exemptions for 192 Randal E. Hampton (NV)
Federal Motor Carrier Safety individuals from the insulin-treated Reginald M. Hart (GA)
Regulations (FMCSRs) against persons diabetes mellitus prohibition in 49 CFR Dennis J. Kniffen (SD)
with insulin-treated diabetes mellitus 391.41(b)(3) to operate a CMV in Allen E. Lemaster (SC)
(ITDM) from operating commercial interstate commerce and requested Wayne F. Leonard (IL)
motor vehicles (CMVs) in interstate comments from the public (75 FR Joshua W. Lockwood (MD)
commerce. The exemptions enable these 42477; 75 FR 57329; 77 FR 46149; 77 FR Brian P. McCabe (WA)
amozie on DSK3GDR082PROD with NOTICES1
individuals with ITDM to continue to 59450; 79 FR 47702; 79 FR 47711; 79 FR Charles M. McKenzie (OH)
operate CMVs in interstate commerce. 63210; 81 FR 51541; 81 FR 52505; 81 FR Michael C. McNamara (SC)
DATES: Each group of renewed 52947; 81 FR 59718; 81 FR 67421; 81 FR Michael S. Meulenberg (MI)
exemptions were applicable on the 72640; 81 FR 72651; 81 FR 84688; 82 FR Timothy J. Newton (IA)
dates stated in the discussions below 12899). The public comment period David T. Petty (CA)
and will expire on the dates stated in ended on September 14, 2018, and no Ronald K. Roe (PA)
the discussions below. comments were received. Harry W. Roebuck (TX)
VerDate Sep<11>2014 17:43 Oct 23, 2018 Jkt 247001 PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 E:\FR\FM\24OCN1.SGM 24OCN1](https://thefederalregister.org/doc/83_FR_53933/page/4.svg)
Document Created: 2018-10-24 00:25:44
Document Modified: 2018-10-24 00:25:44
| 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 November 23, 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., ET, 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 53727 |
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