83 FR 56140 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 218 (November 9, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 218 (November 9, 2018)
| Page Range | 56140-56143 | |
| FR Document | 2018-24556 |
[Federal Register Volume 83, Number 218 (Friday, November 9, 2018)] [Notices] [Pages 56140-56143] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-24556] [[Page 56140]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2018-0207] 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 18 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 December 10, 2018. ADDRESSES: You may submit comments identified by the Federal Docket Management System (FDMS) Docket No. FMCSA-2018-0207 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, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., 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. SUPPLEMENTARY INFORMATION: I. Public Participation A. Submitting Comments If you submit a comment, please include the docket number for this notice (Docket No. FMCSA-2018-0207), 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-2018-0207, 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-2018-0207, 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 18 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 [[Page 56141]] 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. III. Qualifications of Applicants Alejandro R. Almaguer Mr. Almaguer, 56, has a cataract in his right eye due to a traumatic incident in 2008. 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 Mr. Almaguer has sufficient vision to operate a commercial motor vehicle.'' Mr. Almaguer reported that he has driven straight trucks for ten years, accumulating 500,000 miles, and tractor-trailer combinations for 12 years, accumulating 2.28 million 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. Abdallah A. Alserhan Mr. Alserhan, 37, has a prosthetic left eye due to a traumatic incident in childhood. The visual acuity in his right eye is 20/20, and in his left eye, no light perception. Following an examination in 2018, his optometrist stated, ``Based on the exam from July 17 2018, My Alserhan vision is adequate in OD(20/40 or better) and full fields in OD to drive a commercial vehicle [sic].'' Mr. Alserhan reported that he has driven straight trucks for three years, accumulating 150,000 miles. He holds an operator's license from Illinois. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Jason D. Burke Mr. Burke, 34, has had optic nerve hypoplasia in his right eye since birth. The visual acuity in his right eye is hand motion, and in his left eye, 20/30. Following an examination in 2018, his ophthalmologist stated, ``Mr. Burke does have sufficient vision to operate a commercial vehicle.'' Mr. Burke reported that he has driven straight trucks for four years, accumulating 120,000 miles. He holds an operator's license from Maryland. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Patricio C. Carvalho Mr. Carvalho, 39, has a prosthetic left eye due to a traumatic incident in 2007. 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, ``He has sufficient vision to operate a commercial vehicle.'' Mr. Carvalho reported that he has driven straight trucks for 20 years, accumulating 2.4 million miles, and tractor- trailer combinations for one year, accumulating 55,000 miles. He holds a Class A CDL from Maryland. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. John B. Casper Mr. Casper, 49, has aphakia in his right eye due to a traumatic incident in 2015. 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, ``In my medical opinion John has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Casper reported that he has driven tractor-trailer combinations for 31 years, accumulating 3.1 million miles. He holds a Class A CDL from Oklahoma. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Denis Cuzimencov Mr. Cuzimencov, 22, has had amblyopia in his right eye since birth. The visual acuity in his right eye is 20/70, and in his left eye, 20/ 20. Following an examination in 2018, his optometrist stated, ``I certify that in my medical opinion, Denis Cuzimencov has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Cuzimencov reported that he has driven straight trucks for three years, accumulating 16,437 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. Liam F. Gilliland Mr. Gilliland, 25, has had amblyopia in his right eye since childhood. The visual acuity in his right eye is 20/50, and in his left eye, 20/20. Following an examination in 2018, his ophthalmologist stated, ``In my opinion he safely meets the standards to operate a commercial motor vehicle with sufficient vision.'' Mr. Gilliland reported that he has driven straight trucks for four years, accumulating 80,000 miles, and tractor-trailer combinations for two years, accumulating 4,000 miles. He holds a Class A CDL from Massachusetts. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Steven M. Huddleston Mr. Huddleston, 30, has had a hamartoma in his left eye since birth. [[Page 56142]] 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 medical opinion Mr. Huddleston has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Huddleston reported that he has driven straight trucks for 15 years, accumulating 300,000 miles. He holds an operator's license from New Mexico. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Bradley W. Leonard Mr. Leonard, 59, 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/ 300. Following an examination in 2018, his optometrist stated, ``Based on his driving record and peripheral vision I feel he has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Leonard reported that he has driven tractor-trailer combinations for 13 years, accumulating 1.3 million miles. He holds a Class A3 CDL from South Dakota. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Edward J. Lewis Mr. Lewis, 57, has had a central vein occlusion in his left eye since 2002. The visual acuity in his right eye is 20/13, and in his left eye, 20/60. Following an examination in 2018, his ophthalmologist stated, ``I certify that in my medical opinion, the patient has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Lewis reported that he has driven straight trucks for four years, accumulating 48,000 miles, tractor-trailer combinations for 12 years, accumulating 1.74 million miles, and buses for one year, accumulating 15,000 miles. He holds a Class A CDL from Utah. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Bradley W. Lovelace Mr. Lovelace, 34, has a macular scar in his right eye due to a traumatic incident in 2014. The visual acuity in his right eye is 20/ 200, and in his left eye, 20/15. Following an examination in 2018, his ophthalmologist stated, ``It is my opinion that he can safely operate a commercial motor vehicle based on stable exam findings today, good VA OS, and full fields with both eyes together.'' Mr. Lovelace reported that he has driven tractor-trailer combinations for 11 years, accumulating 962,500 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. Tyler McFee Mr. McFee, 34, 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/ 70. Following an examination in 2018, his optometrist stated, ``From these results I believe Mr. McFee has sufficient visual acuity, visual field, and color vision to continue to safely operate a commercial vehicle.'' Mr. McFee reported that he has driven straight trucks for seven years, accumulating 770,000 miles, and tractor-trailer combinations for six years, accumulating 1.8 million 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. Joseph L. Rigsby Mr. Rigsby, 23, 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/ 150. Following an examination in 2018, his optometrist stated, ``In my opinion, he has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Rigsby reported that he has driven straight trucks for five years, accumulating 65,000 miles. He holds an operator's license from Alabama. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Stephen A. Scales Mr. Scales, 63, has aphakia in his right eye due to a traumatic incident in 2008. The visual acuity in his right eye is no light perception, and in his left eye, 20/16. Following an examination in 2018, his ophthalmologist stated, ``In my opinion, he is visually able to drive a commercial vehicle.'' Mr. Scales reported that he has driven straight trucks for three years, accumulating 195,000 miles, tractor- trailer combinations for 33 years, accumulating 2 million miles, and buses for one year, accumulating 15,000 miles. He holds a Class AM CDL from Illinois. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Paul K. Sears Mr. Sears, 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/ 300. Following an examination in 2018, his optometrist stated, ``In my opinion, this patient has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Sears reported that he has driven straight trucks for four years, accumulating 80,000 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. Michael D. Vander Zwaag Mr. Vander Zwagg, 49, has had a macular scar in his right eye since 2009. The visual acuity in his right eye is 20/60, and in his left eye, 20/20. Following an examination in 2018, his optometrist stated, ``I believe Michael's left eye compensates for any deficiency to field and that he is safe to drive a commercial vehicle.'' Mr. Vander Zwagg reported that he has driven straight trucks for four years, accumulating 48,000 miles, and tractor-trailer combinations for five years, accumulating 100,000 miles. He holds an operator's license from Iowa. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Phillip J. Vecchioni Mr. Vecchioni, 56, has had complete loss of vision 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 ophthalmologist stated, ``In my medical opinion Mr. Vecchioni has sufficient vision to perform the driving required to operate a commercial vehicle.'' Mr. Vecchioni reported that he has driven straight trucks for ten years, accumulating 250,000 miles. He holds an operator's license from Maryland. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Nathaniel C. Volk Mr. Volk, 36, has had amblyopia in his right eye since childhood. The visual acuity in his right eye is 20/400, and in his left eye, 20/ 20. Following an examination in 2018, his optometrist stated, ``In my medical opinion, Mr. Volk has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Volk reported that he has driven straight trucks for three years, accumulating 207,000 miles. He holds an operator's license from Illinois. His driving record for the last three years shows no crashes and no [[Page 56143]] 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: November 1, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-24556 Filed 11-8-18; 8:45 am] BILLING CODE 4910-EX-P
![56140 Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Notices
DEPARTMENT OF TRANSPORTATION I. Public Participation the commenter provides, to
www.regulations.gov, as described in
Federal Motor Carrier Safety A. Submitting Comments
the system of records notice (DOT/ALL–
Administration If you submit a comment, please 14 FDMS), which can be reviewed at
include the docket number for this www.dot.gov/privacy.
[Docket No. FMCSA–2018–0207] notice (Docket No. FMCSA–2018–0207),
indicate the specific section of this II. Background
Qualification of Drivers; Exemption document to which each comment Under 49 U.S.C. 31136(e) and 31315,
Applications; Vision applies, and provide a reason for each FMCSA may grant an exemption from
suggestion or recommendation. You the FMCSRs for a five-year period if it
AGENCY: Federal Motor Carrier Safety may submit your comments and finds such exemption would likely
Administration (FMCSA), DOT. material online or by fax, mail, or hand achieve a level of safety that is
ACTION: Notice of applications for delivery, but please use only one of equivalent to, or greater than, the level
exemption; request for comments. these means. FMCSA recommends that that would be achieved absent such
you include your name and a mailing exemption. The statute also allows the
SUMMARY: FMCSA announces receipt of address, an email address, or a phone Agency to renew exemptions at the end
applications from 18 individuals for an number in the body of your document of the five-year period. FMCSA grants
exemption from the vision requirement so that FMCSA can contact you if there exemptions from the FMCSRs for a two-
in the Federal Motor Carrier Safety are questions regarding your year period to align with the maximum
Regulations (FMCSRs) to operate a submission. duration of a driver’s medical
commercial motor vehicle (CMV) in To submit your comment online, go to certification.
interstate commerce. If granted, the http://www.regulations.gov, put the The 18 individuals listed in this
exemptions will enable these docket number, FMCSA–2018–0207, in notice have requested an exemption
individuals to operate CMVs in the keyword box, and click ‘‘Search.’’ from the vision requirement in 49 CFR
interstate commerce without meeting When the new screen appears, click on 391.41(b)(10). Accordingly, the Agency
the vision requirement in one eye. the ‘‘Comment Now!’’ button and type will evaluate the qualifications of each
DATES: Comments must be received on your comment into the text box on the applicant to determine whether granting
or before December 10, 2018. following screen. Choose whether you an exemption will achieve the required
ADDRESSES: You may submit comments are submitting your comment as an level of safety mandated by statute.
identified by the Federal Docket individual or on behalf of a third party The physical qualification standard
Management System (FDMS) Docket No. and then submit. for drivers regarding vision found in 49
FMCSA–2018–0207 using any of the If you submit your comments by mail CFR 391.41(b)(10) states that a person is
following methods: or hand delivery, submit them in an physically qualified to drive a CMV if
• Federal eRulemaking Portal: Go to unbound format, no larger than 81⁄2 by that person has distant visual acuity of
http://www.regulations.gov. Follow the 11 inches, suitable for copying and at least 20/40 (Snellen) in each eye
online instructions for submitting electronic filing. If you submit without corrective lenses or visual
comments. comments by mail and would like to acuity separately corrected to 20/40
• Mail: Docket Management Facility; know that they reached the facility, (Snellen) or better with corrective
U.S. Department of Transportation, 1200 please enclose a stamped, self-addressed lenses, distant binocular acuity of at
New Jersey Avenue SE, West Building postcard or envelope. least 20/40 (Snellen) in both eyes with
Ground Floor, Room W12–140, FMCSA will consider all comments or without corrective lenses, field of
Washington, DC 20590–0001. and material received during the vision of at least 70° in the horizontal
• Hand Delivery: West Building comment period. Meridian in each eye, and the ability to
Ground Floor, Room W12–140, 1200 recognize the colors of traffic signals
B. Viewing Documents and Comments and devices showing standard red,
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., ET, To view comments, as well as any green, and amber.
documents mentioned in this notice as In July 1992, the Agency first
Monday through Friday, except Federal
being available in the docket, go to published the criteria for the Vision
Holidays.
http://www.regulations.gov. Insert the Waiver Program, which listed the
• Fax: 1–202–493–2251.
docket number, FMCSA–2018–0207, in conditions and reporting standards that
To avoid duplication, please use only
the keyword box, and click ‘‘Search.’’ CMV drivers approved for participation
one of these four methods. See the
Next, click the ‘‘Open Docket Folder’’ would need to meet (Qualification of
‘‘Public Participation’’ portion of the
button and choose the document to Drivers; Vision Waivers, 57 FR 31458,
SUPPLEMENTARY INFORMATION section for
review. If you do not have access to the July 16, 1992). The current Vision
instructions on submitting comments.
internet, you may view the docket Exemption Program was established in
FOR FURTHER INFORMATION CONTACT: Ms. 1998, following the enactment of
online by visiting the Docket
Christine A. Hydock, Chief, Medical Management Facility in Room W12–140 amendments to the statutes governing
Programs Division, (202) 366–4001, on the Ground Floor of the DOT West exemptions made by § 4007 of the
fmcsamedical@dot.gov, FMCSA, Building, 1200 New Jersey Avenue SE, Transportation Equity Act for the 21st
Department of Transportation, 1200 Washington, DC 20590, between 9 a.m. Century (TEA–21), Public Law 105–178,
New Jersey Avenue SE, Room W64–224, and 5 p.m., ET, Monday through Friday, 112 Stat. 107, 401 (June 9, 1998). Vision
Washington, DC 20590–0001. Office
khammond on DSK30JT082PROD with NOTICES
except Federal holidays. exemptions are considered under the
hours are 8:30 a.m. to 5 p.m., ET, procedures established in 49 CFR part
Monday through Friday, except Federal C. Privacy Act 381 subpart C, on a case-by-case basis
holidays. If you have questions In accordance with 5 U.S.C. 553(c), upon application by CMV drivers who
regarding viewing or submitting DOT solicits comments from the public do not meet the vision standards of 49
material to the docket, contact Docket to better inform its rulemaking process. CFR 391.41(b)(10).
Services, telephone (202) 366–9826. DOT posts these comments, without To qualify for an exemption from the
SUPPLEMENTARY INFORMATION: edit, including any personal information vision requirement, FMCSA requires a
VerDate Sep<11>2014 18:56 Nov 08, 2018 Jkt 247001 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\09NON1.SGM 09NON1](https://thefederalregister.org/doc/83_FR_56358/page/1.svg)
![Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Notices 56141
person to present verifiable evidence III. Qualifications of Applicants million miles, and tractor-trailer
that he/she has driven a commercial combinations for one year,
Alejandro R. Almaguer
vehicle safely with the vision deficiency accumulating 55,000 miles. He holds a
for the past three years. Recent driving Mr. Almaguer, 56, has a cataract in his Class A CDL from Maryland. His driving
performance is especially important in right eye due to a traumatic incident in record for the last three years shows no
evaluating future safety, according to 2008. The visual acuity in his right eye crashes and no convictions for moving
several research studies designed to is no light perception, and in his left violations in a CMV.
correlate past and future driving eye, 20/20. Following an examination in
performance. Results of these studies 2018, his optometrist stated, ‘‘It is my John B. Casper
support the principle that the best opinion that Mr. Almaguer has Mr. Casper, 49, has aphakia in his
predictor of future performance by a sufficient vision to operate a right eye due to a traumatic incident in
driver is his/her past record of crashes commercial motor vehicle.’’ Mr. 2015. The visual acuity in his right eye
and traffic violations. Copies of the Almaguer reported that he has driven is hand motion, and in his left eye, 20/
studies may be found at Docket Number straight trucks for ten years, 20. Following an examination in 2018,
FMCSA–1998–3637. accumulating 500,000 miles, and his optometrist stated, ‘‘In my medical
FMCSA believes it can properly apply tractor-trailer combinations for 12 years, opinion John has sufficient vision to
the principle to monocular drivers, accumulating 2.28 million miles. He perform the driving tasks required to
because data from the Federal Highway holds a Class A CDL from Florida. His operate a commercial vehicle.’’ Mr.
Administration’s (FHWA) former waiver driving record for the last three years Casper reported that he has driven
study program clearly demonstrated the shows no crashes and no convictions for tractor-trailer combinations for 31 years,
driving performance of experienced moving violations in a CMV. accumulating 3.1 million miles. He
monocular drivers in the program is holds a Class A CDL from Oklahoma.
better than that of all CMV drivers Abdallah A. Alserhan
His driving record for the last three
collectively (See 61 FR 13338, 13345, Mr. Alserhan, 37, has a prosthetic left years shows no crashes and no
March 26, 1996). The fact that eye due to a traumatic incident in convictions for moving violations in a
experienced monocular drivers childhood. The visual acuity in his right CMV.
demonstrated safe driving records in the eye is 20/20, and in his left eye, no light
waiver program supports a conclusion perception. Following an examination Denis Cuzimencov
that other monocular drivers, meeting in 2018, his optometrist stated, ‘‘Based Mr. Cuzimencov, 22, has had
the same qualifying conditions as those on the exam from July 17 2018, My amblyopia in his right eye since birth.
required by the waiver program, are also Alserhan vision is adequate in OD(20/40 The visual acuity in his right eye is 20/
likely to have adapted to their vision or better) and full fields in OD to drive 70, and in his left eye, 20/20. Following
deficiency and will continue to operate a commercial vehicle [sic].’’ Mr. an examination in 2018, his optometrist
safely. Alserhan reported that he has driven stated, ‘‘I certify that in my medical
The first major research correlating straight trucks for three years, opinion, Denis Cuzimencov has
past and future performance was done accumulating 150,000 miles. He holds sufficient vision to perform the driving
in England by Greenwood and Yule in an operator’s license from Illinois. His tasks required to operate a commercial
1920. Subsequent studies, building on driving record for the last three years vehicle.’’ Mr. Cuzimencov reported that
that model, concluded that crash rates shows no crashes and no convictions for he has driven straight trucks for three
for the same individual exposed to moving violations in a CMV. years, accumulating 16,437 miles. He
certain risks for two different time holds a Class A CDL from North
periods vary only slightly (See Bates Jason D. Burke
Carolina. His driving record for the last
and Neyman, University of California Mr. Burke, 34, has had optic nerve three years shows no crashes and no
Publications in Statistics, April 1952). hypoplasia in his right eye since birth. convictions for moving violations in a
Other studies demonstrated theories of The visual acuity in his right eye is CMV.
predicting crash proneness from crash hand motion, and in his left eye, 20/30.
history coupled with other factors. Following an examination in 2018, his Liam F. Gilliland
These factors—such as age, sex, ophthalmologist stated, ‘‘Mr. Burke does Mr. Gilliland, 25, has had amblyopia
geographic location, mileage driven and have sufficient vision to operate a in his right eye since childhood. The
conviction history—are used every day commercial vehicle.’’ Mr. Burke visual acuity in his right eye is 20/50,
by insurance companies and motor reported that he has driven straight and in his left eye, 20/20. Following an
vehicle bureaus to predict the trucks for four years, accumulating examination in 2018, his
probability of an individual 120,000 miles. He holds an operator’s ophthalmologist stated, ‘‘In my opinion
experiencing future crashes (See Weber, license from Maryland. His driving he safely meets the standards to operate
Donald C., ‘‘Accident Rate Potential: An record for the last three years shows no a commercial motor vehicle with
Application of Multiple Regression crashes and no convictions for moving sufficient vision.’’ Mr. Gilliland
Analysis of a Poisson Process,’’ Journal violations in a CMV. reported that he has driven straight
of American Statistical Association, trucks for four years, accumulating
June 1971). A 1964 California Driver Patricio C. Carvalho
80,000 miles, and tractor-trailer
Record Study prepared by the California Mr. Carvalho, 39, has a prosthetic left combinations for two years,
Department of Motor Vehicles eye due to a traumatic incident in 2007. accumulating 4,000 miles. He holds a
concluded that the best overall crash The visual acuity in his right eye is 20/
khammond on DSK30JT082PROD with NOTICES
Class A CDL from Massachusetts. His
predictor for both concurrent and 20, and in his left eye, no light driving record for the last three years
nonconcurrent events is the number of perception. Following an examination shows no crashes and no convictions for
single convictions. This study used in 2018, his optometrist stated, ‘‘He has moving violations in a CMV.
three consecutive years of data, sufficient vision to operate a
comparing the experiences of drivers in commercial vehicle.’’ Mr. Carvalho Steven M. Huddleston
the first two years with their reported that he has driven straight Mr. Huddleston, 30, has had a
experiences in the final year. trucks for 20 years, accumulating 2.4 hamartoma in his left eye since birth.
VerDate Sep<11>2014 17:36 Nov 08, 2018 Jkt 247001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\09NON1.SGM 09NON1](https://thefederalregister.org/doc/83_FR_56358/page/2.svg)
![Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Notices 56143
convictions for moving violations in a Management System (FDMS) Docket No. 0266; FMCSA–2008–0292; FMCSA–
CMV. FMCSA–1998–4334; FMCSA–2000– 2010–0082; FMCSA–2010–0114;
7165; FMCSA–2000–7363; FMCSA– FMCSA–2010–0161; FMCSA–2010–
IV. Request for Comments
2002–12294; FMCSA–2004–18885; 0187; FMCSA–2011–0276; FMCSA–
In accordance with 49 U.S.C. 31136(e) FMCSA–2008–0174; FMCSA–2008– 2012–0160; FMCSA–2012–0214;
and 31315, FMCSA requests public 0231; FMCSA–2008–0266; FMCSA– FMCSA–2012–0279; FMCSA–2012–
comment from all interested persons on 2008–0292; FMCSA–2010–0082; 0280; FMCSA–2013–0169; FMCSA–
the exemption petitions described in FMCSA–2010–0114; FMCSA–2010– 2013–0174; FMCSA–2014–0003;
this notice. We will consider all 0161; FMCSA–2010–0187; FMCSA– FMCSA–2014–0007; FMCSA–2014–
comments and material received before 2011–0276; FMCSA–2012–0160; 0011; FMCSA–2014–0296; FMCSA–
the close of business on the closing date FMCSA–2012–0214; FMCSA–2012– 2014–0298; FMCSA–2015–0344;
indicated in the dates section of the 0279; FMCSA–2012–0280; FMCSA– FMCSA–2016–0025; FMCSA–2016–
notice. 2013–0169; FMCSA–2013–0174; 0027; FMCSA–2016–0031; FMCSA–
Issued on: November 1, 2018. FMCSA–2014–0003; FMCSA–2014– 2016–0033; FMCSA–2016–0207;
Larry W. Minor, 0007; FMCSA–2014–0011; FMCSA– FMCSA–2016–0208; FMCSA–2016–
2014–0296; FMCSA–2014–0298; 0210; FMCSA–2016–0212), indicate the
Associate Administrator for Policy.
FMCSA–2015–0344; FMCSA–2016– specific section of this document to
[FR Doc. 2018–24556 Filed 11–8–18; 8:45 am]
0025; FMCSA–2016–0027; FMCSA– which each comment applies, and
BILLING CODE 4910–EX–P
2016–0031; FMCSA–2016–0033; provide a reason for each suggestion or
FMCSA–2016–0207; FMCSA–2016– recommendation. You may submit your
0208; FMCSA–2016–0210; FMCSA– comments and material online or by fax,
DEPARTMENT OF TRANSPORTATION
2016–0212 using any of the following mail, or hand delivery, but please use
Federal Motor Carrier Safety methods: only one of these means. FMCSA
Administration • Federal eRulemaking Portal: Go to recommends that you include your
http://www.regulations.gov. Follow the name and a mailing address, an email
[Docket No. FMCSA–1998–4334; FMCSA– online instructions for submitting address, or a phone number in the body
2000–7165; FMCSA–2000–7363; FMCSA– of your document so that FMCSA can
comments.
2002–12294; FMCSA–2004–18885; FMCSA–
2008–0174; FMCSA–2008–0231; FMCSA–
• Mail: Docket Management Facility; contact you if there are questions
U.S. Department of Transportation, 1200 regarding your submission.
2008–0266; FMCSA–2008–0292; FMCSA–
2010–0082; FMCSA–2010–0114; FMCSA– New Jersey Avenue SE, West Building To submit your comment online, go to
2010–0161; FMCSA–2010–0187; FMCSA– Ground Floor, Room W12–140, http://www.regulations.gov, put the
2011–0276; FMCSA–2012–0160; FMCSA– Washington, DC 20590–0001. docket number, FMCSA–1998–4334;
2012–0214; FMCSA–2012–0279; FMCSA– • Hand Delivery: West Building FMCSA–2000–7165; FMCSA–2000–
2012–0280; FMCSA–2013–0169; FMCSA– Ground Floor, Room W12–140, 1200 7363; FMCSA–2002–12294; FMCSA–
2013–0174; FMCSA–2014–0003; FMCSA– New Jersey Avenue SE, Washington, 2004–18885; FMCSA–2008–0174;
2014–0007; FMCSA–2014–0011; FMCSA– DC, between 9 a.m. and 5 p.m., ET, FMCSA–2008–0231; FMCSA–2008–
2014–0296; FMCSA–2014–0298; FMCSA– Monday through Friday, except Federal 0266; FMCSA–2008–0292; FMCSA–
2015–0344; FMCSA–2016–0025; FMCSA– 2010–0082; FMCSA–2010–0114;
2016–0027; FMCSA–2016–0031; FMCSA–
Holidays.
2016–0033; FMCSA–2016–0207; FMCSA– • Fax: 1–202–493–2251. FMCSA–2010–0161; FMCSA–2010–
2016–0208; FMCSA–2016–0210; FMCSA– To avoid duplication, please use only 0187; FMCSA–2011–0276; FMCSA–
2016–0212] one of these four methods. See the 2012–0160; FMCSA–2012–0214;
‘‘Public Participation’’ portion of the FMCSA–2012–0279; FMCSA–2012–
Qualification of Drivers; Exemption SUPPLEMENTARY INFORMATION section for 0280; FMCSA–2013–0169; FMCSA–
Applications; Vision instructions on submitting comments. 2013–0174; FMCSA–2014–0003;
FOR FURTHER INFORMATION CONTACT: Ms. FMCSA–2014–0007; FMCSA–2014–
AGENCY: Federal Motor Carrier Safety 0011; FMCSA–2014–0296; FMCSA–
Christine A. Hydock, Chief, Medical
Administration (FMCSA), DOT. 2014–0298; FMCSA–2015–0344;
Programs Division, 202–366–4001,
ACTION: Notice of renewal of FMCSA–2016–0025; FMCSA–2016–
fmcsamedical@dot.gov, FMCSA,
exemptions; request for comments. Department of Transportation, 1200 0027; FMCSA–2016–0031; FMCSA–
New Jersey Avenue SE, Room W64–224, 2016–0033; FMCSA–2016–0207;
SUMMARY: FMCSA announces its
Washington, DC 20590–0001. Office FMCSA–2016–0208; FMCSA–2016–
decision to renew exemptions for 67
hours are from 8:30 a.m. to 5 p.m., ET, 0210; FMCSA–2016–0212, in the
individuals from the vision requirement keyword box, and click ‘‘Search.’’ When
in the Federal Motor Carrier Safety Monday through Friday, except Federal
holidays. If you have questions the new screen appears, click on the
Regulations (FMCSRs) for interstate ‘‘Comment Now!’’ button and type your
commercial motor vehicle (CMV) regarding viewing or submitting
material to the docket, contact Docket comment into the text box on the
drivers. The exemptions enable these following screen. Choose whether you
individuals to continue to operate CMVs Services, telephone (202) 366–9826.
are submitting your comment as an
in interstate commerce without meeting SUPPLEMENTARY INFORMATION:
individual or on behalf of a third party
the vision requirements in one eye. I. Public Participation and then submit.
DATES: Each group of renewed If you submit your comments by mail
exemptions were applicable on the A. Submitting Comments or hand delivery, submit them in an
khammond on DSK30JT082PROD with NOTICES
dates stated in the discussions below If you submit a comment, please unbound format, no larger than 81⁄2 by
and will expire on the dates stated in include the docket number for this 11 inches, suitable for copying and
the discussions below. Comments must notice (Docket No. FMCSA–1998–4334; electronic filing. If you submit
be received on or before December 10, FMCSA–2000–7165; FMCSA–2000– comments by mail and would like to
2018. 7363; FMCSA–2002–12294; FMCSA– know that they reached the facility,
ADDRESSES: You may submit comments 2004–18885; FMCSA–2008–0174; please enclose a stamped, self-addressed
identified by the Federal Docket FMCSA–2008–0231; FMCSA–2008– postcard or envelope.
VerDate Sep<11>2014 17:36 Nov 08, 2018 Jkt 247001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\09NON1.SGM 09NON1](https://thefederalregister.org/doc/83_FR_56358/page/4.svg)
Document Created: 2018-11-09 03:33:34
Document Modified: 2018-11-09 03:33:34
| 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 December 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., 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 56140 |
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR