83 FR 6681 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 31 (February 14, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 31 (February 14, 2018)
| Page Range | 6681-6685 | |
| FR Document | 2018-03034 |
[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)] [Notices] [Pages 6681-6685] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-03034] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2017-0028] 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 23 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. [[Page 6682]] DATES: Comments must be received on or before March 16, 2018. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-2017-0028 using any of the following methods:Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. Hand Delivery: West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal Holidays. Fax: 1-202-493-2251. Instructions: Each submission must include the Agency name and the docket number(s) for this notice. Note that all comments received will be posted without change to http://www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below for further information. Docket: For access to the docket to read background documents or comments, go to http://www.regulations.gov at any time or Room W12-140 on the ground level of the West Building, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. The FDMS is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a self-addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments online. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to http://www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at http://www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. SUPPLEMENTARY INFORMATION: I. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the FMCSRs for a five-year period if it finds ``such exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such exemption.'' The statute also allows the Agency to renew exemptions at the end of the five-year period. FMCSA grants exemptions from the FMCSRs for a two- year period to align with the maximum duration of a driver's medical certification. The 23 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 [[Page 6683]] the first two years with their experiences in the final year. II. Qualifications of Applicants Michael W. Belknap Mr. Belknap, 52, has had amblyopia in his right eye since birth. The visual acuity in his right eye is 20/150, and in his left eye, 20/ 20. Following an examination in 2017, his optometrist stated, ``Based upon my examination and with due regard for public safety, it is my decision that Mr. Belknap's eyesight is sufficient to perform the driving tasks required to operate a commercial vehicle.'' Mr. Belknap reported that he has driven straight trucks for 35 years, accumulating 525,000 miles, and tractor-trailer combinations for 35 years, accumulating 262,500 miles. He holds a Class A CDL from Vermont. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Scott M. Cavanaugh Mr. Cavanaugh, 33, has had nystagmus in his left eye since birth. The visual acuity in his right eye is 20/20, and in his left eye, 20/ 70. Following an examination in 2017, his optometrist stated, ``Therefore, it is my opinion that Scott has sufficient vision to perform the driving tasks required to operate a commercial motor vehicle.'' Mr. Cavanaugh reported that he has driven straight trucks for 12 years, accumulating 108,000 miles. He holds an operator's license from Oklahoma. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. James M. Ferry Mr. Ferry, 52, has a retinal detachment in his right eye due to a traumatic incident in 1991. The visual acuity in his right eye is 20/ 150, and in his left eye, 20/20. Following an examination in 2017, his optometrist stated, ``In summary, it is my opinion that Mr. James Ferry meets the tasks required to operate a commercial vehicle.'' Mr. Ferry reported that he has driven straight trucks for 33 years, accumulating 825,000 miles, and tractor-trailer combinations for 31 years, accumulating 2.17 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. Jacob A. Hehr Mr. Hehr, 27, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/20, and in his left eye, count fingers. Following an examination in 2017, his ophthalmologist stated, ``Vision is sufficient to operate a commercial vehicle per Sheridan Lam, MD.'' Mr. Hehr reported that he has driven straight trucks for eight years, accumulating 108,000 miles, and tractor-trailer combinations for three years, accumulating 36,000 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. Mike B. Houston Mr. Houston, 42, has a corneal scar in his right eye due to a traumatic incident in childhood. The visual acuity in his right eye is 20/400, and in his left eye, 20/20. Following an examination in 2017, his ophthalmologist stated, ``Despite the fact Mr. Houston has a corneal scar in his right eye, in my medical opinion he has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Houston reported that he has driven straight trucks for ten years, accumulating 400,000 miles, and tractor-trailer combinations for ten years, accumulating 400,000 miles. He holds a Class A CDL from Oregon. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Marvin R. Knecht Mr. Knecht, 67, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/20, and in his left eye, 20/ 50. Following an examination in 2017, his optometrist stated, ``Marvin has adequate vision to pass the commercial driving standards.'' Mr. Knecht reported that he has driven straight trucks for 50 years, accumulating 525,000 miles, and tractor-trailer combinations for 45 years, accumulating 3.6 million miles. He holds a Class A CDL from North Dakota. His driving record for the last three years shows no crashes and one conviction for speeding in a CMV; he exceeded the speed limit by 20 mph. Paul H. Knott Mr. Knott, 51, has complete loss of vision in his left eye due to a traumatic incident in 1987. The visual acuity in his right eye is 20/ 20, and in his left eye, no light perception. Following an examination in 2017, his optometrist stated, ``In my professional opinion, considering the longevity of his driving career, the longstanding, stable nature of his eye condition, and his ability to meet the requirements for CDL licensure, I also believe Mr. Scott is capable of safely and properly operating his vehicle(s).'' Mr. Knott reported that he has driven straight trucks for 30 years, accumulating 900,000 miles. He holds an operator's license from North Dakota. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Randolph W. Lewis Mr. Lewis, 55, has had amblyopia in his left eye since birth. The visual acuity in his right eye is 20/15, and in his left eye, 20/60. Following an examination in 2017, his optometrist stated, ``In my opinion these findings demonstrate that 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 80,000 miles, and tractor-trailer combinations for 29 years, accumulating 1.45 million 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. John M. Moore Mr. Moore, 51, has complete loss of vision in his right eye due to melanoma. The visual acuity in his right eye is no light perception, and in his left eye, 20/20. Following an examination in 2017, his ophthalmologist stated, ``He has sufficient vision to perform his driving task under a commercial vehicle.'' Mr. Moore reported that he has driven straight trucks for 25 years, accumulating 500,000 miles, and tractor-trailer combinations for 25 years, accumulating 2 million miles. He holds an operator's license from Louisiana. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Martin Munoz Mr. Munoz, 45, 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 2017, his optometrist stated, ``I certify that in my opinion, Mr. Munoz has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Munoz reported that he has driven straight trucks for seven years, accumulating 94,500 miles. He holds an operator's license from Texas. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. [[Page 6684]] Edwin Quiles Mr. Quiles, 58, has retinal scarring in his left eye due to a traumatic incident in 1977. The visual acuity in his right eye is 20/ 20, and in his left eye, 20/250. Following an examination in 2017, his optometrist stated, ``It is my opinion that Mr. Quiles has adequate vision to operate a commercial vehicle.'' Mr. Quiles reported that he has driven straight trucks for five years, accumulating 75,000 miles, and tractor-trailer combinations for 35 years, accumulating 2.9 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. Vernon L. Reed Mr. Reed, 61, has had a branch retinal vein occlusion in his left eye since 2014. The visual acuity in his right eye is 20/20, and in his left eye, 20/80. Following an examination in 2017, his ophthalmologist stated, ``I believe that Vernon Reed has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Reed reported that he has driven straight trucks for 12 years, accumulating 192,000 miles, and tractor-trailer combinations for 36 years, accumulating 3.6 million miles. He holds a Class A CDL from Oregon. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Joshua A. Rhynd Mr. Rhynd, 27, 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/ 70. Following an examination in 2017, his optometrist stated, ``He does have sufficient vision to perform the commercial driving tasks required.'' Mr. Rhynd reported that he has driven straight trucks for four years, accumulating 520,000 miles, and tractor-trailer combinations for five years, accumulating 1.12 million miles. He holds a Class A CDL from Maine. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Douglass L. Riddell Mr. Riddell, 62, has had amblyopia in his left eye since birth. The visual acuity in his right eye is 20/20, and in his left eye, 20/200. Following an examination in 2017, his optometrist stated, ``This letter certifies that Douglas L. Riddell in my medical opinion has sufficient vision to perform the driving tasks required to safely operate a commercial vehicle.'' Mr. Riddell reported that he has driven straight trucks for 30 years, accumulating 540,000 miles, and tractor-trailer combinations for 15 years, accumulating 120,000 miles. He holds a Class AM1 CDL from California. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Michael C. Stevelman Mr. Stevelman, 25, has had amblyopia in his right eye since childhood. The visual acuity in his right eye is 20/60, and in his left eye, 20/20. Following an examination in 2017, his optometrist stated, ``In my medical opinion, the patient has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Stevelman reported that he has driven straight trucks for seven years, accumulating 105,000 miles. He holds an operator's license from New Jersey. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Sedrick Straughter Mr. Straughter, 45, 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 2017, his ophthalmologist stated, ``This is to certify that, in my medical opinion, Mr. Straughter has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Straughter reported that he has driven tractor-trailer combinations for ten years, accumulating 1 million miles. He holds a Class A CDL from Illinois. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Michael Talley Mr. Talley, 51, has a chorioretinal 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 2017, his optometrist stated, ``DR [SIC] LANKA HEREBY TESTIFIES THAT IN HIS MEDICAL OPINION, MR. TALLEY HAS THE SUFFICIENT VISION TO PERFORM THE DRIVING TASKS REQUIRED TO OPERATE A COMMERCIAL VEHICLE.'' Mr. Talley reported that he has driven tractor-trailer combinations for 30 years, accumulating 2.1 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. Edward G. Thurston, III Mr. Thurston, 53, has had a macular scar in his right eye since 2004. The visual acuity in his right eye is 20/100, and in his left eye, 20/20. Following an examination in 2017, his optometrist stated, ``Eddie has sufficient vision for operating a commercial vehicle.'' Mr. Thurston reported that he has driven tractor-trailer combinations for 18 years, accumulating 1.3 million miles. He holds a Class A CDL from Texas. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Gerald A. Vaughn Mr. Vaughn, 59, has had a retinal scar in his right eye since 2004. The visual acuity in his right eye is 20/60, and in his left eye, 20/ 20. Following an examination in 2017, his optometrist stated, ``Gerald Vaughn has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Vaughn reported that he has driven straight trucks for ten years, accumulating 100,000 miles, and tractor- trailer combinations for 15 years, accumulating 2.25 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. John Henry R. Viljoen Mr. Viljoen, 38, 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 2017, his optometrist stated, ``According the [sic] visual acuity and his peripheral vision and his color perception, it appears he has sufficient visual function to operate a commercial vehicle.'' Mr. Viljoen reported that he has driven straight trucks for five years, accumulating 100,000 miles. He holds an operator's license from North Dakota. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Kenneth E. Wheland Mr. Wheland, 56, has had a retinal detachment in his left eye since 2014. The visual acuity in his right eye is 20/20, and in his left eye, 20/125. Following an examination in 2017, his optometrist stated, ``In my opinion, Mr. Wheland retains vision sufficient to operate a commercial vehicle.'' Mr. Wheland reported that he has driven straight trucks for 18 years, accumulating 5.4 million miles, tractor-trailer combinations for 22 years, accumulating 12.1 million miles, and [[Page 6685]] buses for 18 years, accumulating 6.3 million miles. He holds a Class A CDL from Pennsylvania. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Richard E. Wixom Mr. Wixom, 56, has a retinal detachment in his right eye due to a traumatic incident in 2015. The visual acuity in his right eye is 20/ 50, and in his left eye, 20/20. Following an examination in 2017, his optometrist stated, ``I certify that Richard has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Wixom reported that he has driven tractor-trailer combinations for 15 years, accumulating 2.25 million miles. He holds a Class CA CDL from Michigan. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Mohammad J. Yousufzai Mr. Yousufzai, 41, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/20, and in his left eye, 20/50. Following an examination in 2017, his optometrist stated, ``In my medical opinion, Mr. Yousufzai has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Yousufzai reported that he has driven straight trucks for three years, accumulating 36,780 miles. He holds a Class A CDL from New Jersey. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. III. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. We will consider all comments and material received before the close of business on the closing date indicated in the dates section of the notice. IV. Submitting Comments You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so that FMCSA can contact you if there are questions regarding your submission. To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number FMCSA-2017-0028 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-2017-0028 and click ``Search.'' Next, click ``Open Docket Folder'' and you will find all documents and comments related to this notice. Issued on: February 7, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-03034 Filed 2-13-18; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices 6681
between 9 a.m. and 5 p.m., Monday appears, click on ‘‘Comment Now!’’ during their duty day. NECA states that
through Friday, except Federal holidays. button and type your comment into the the number of CMV drivers who would
• Fax: 1–202–493–2251. text box in the following screen. Choose be eligible for this exemption is difficult
• Each submission must include the whether you are submitting your to estimate; it states that the fleet of one
Agency name and the docket number for comment as an individual or on behalf ‘‘large’’ contractor consists of 13,766
this notice. Note that DOT posts all of a third party and then submit. If you CMVs.
comments received without change to submit your comments by mail or hand NECA seeks exemption from the
www.regulations.gov, including any delivery, submit them in an unbound requirement that motor carriers and
personal information included in a format, no larger than 81⁄2 by 11 inches, their CMV drivers use an ELD to record
comment. Please see the Privacy Act suitable for copying and electronic driver HOS. The actual operation of the
heading below. filing. If you submit comments by mail CMVs by the line workers is so limited
Docket: For access to the docket to and would like to know that they that the ELD requirement is triggered
read background documents or reached the facility, please enclose a infrequently. By this application for
comments, go to www.regulations.gov at stamped, self-addressed postcard or exemption, NECA seeks greater
any time or visit Room W12–140 on the envelope. FMCSA will consider all ‘‘consistency’’ in the regulatory
ground level of the West Building, 1200 comments and material received during environment in which its line workers
New Jersey Avenue SE, Washington, the comment period. operate. It states that it is
DC, between 9 a.m. and 5 p.m., ET, II. Legal Basis ‘‘cumbersome’’ to meet the costs and
Monday through Friday, except Federal logistical challenges of recording HOS
holidays. The on-line FDMS is available FMCSA has authority under 49 U.S.C. electronically, and that the resulting
24 hours each day, 365 days each year. 31136(e) and 31315 to grant exemptions safety benefit is negligible given the
Privacy Act: In accordance with 5 from certain parts of the Federal Motor
limited scope of the CMV operations of
U.S.C. 553(c), DOT solicits comments Carrier Safety Regulations (FMCSRs).
this industry. NECA states that if
from the public to better inform its FMCSA must publish a notice of each
provided the exemption, its CMV
rulemaking process. DOT posts these exemption request in the Federal
drivers would remain fully subject to
comments, without edit, including any Register (49 CFR 381.315(a)). The
the HOS standards and continue to
personal information the commenter Agency must provide the public an
record their HOS on the customary
provides, to www.regulations.gov, as opportunity to inspect the information
paper RODS. NECA states that its
described in the system of records relevant to the application, including
operations under the exemption would
notice (DOT/ALL–14 FDMS), which can any safety analyses that have been
achieve a level of safety equivalent to,
be reviewed at www.dot.gov/privacy. conducted. The Agency must also
or greater than, the level that would be
provide an opportunity for public
FOR FURTHER INFORMATION CONTACT: For achieved absent the proposed
comment on the request.
information concerning this notice, The Agency reviews safety analyses exemption. A copy of NECA’s
contact Mr. Tom Yager, Chief, FMCSA and public comments submitted, and application for exemption is available
Driver and Carrier Operations Division; determines whether granting the for review in the docket for this notice.
Office of Carrier, Driver and Vehicle exemption would likely achieve a level Issued on: February 7, 2018.
Safety Standards; Telephone: 614–942– of safety equivalent to, or greater than, Larry W. Minor,
6477. Email: MCPSD@dot.gov. If you the level that would be achieved by the Associate Administrator for Policy.
have questions on viewing or submitting current regulation (49 CFR 381.305). [FR Doc. 2018–03063 Filed 2–13–18; 8:45 am]
material to the docket, contact Docket The decision of the Agency must be BILLING CODE 4910–EX–P
Services, telephone (202) 366–9826. published in the Federal Register (49
SUPPLEMENTARY INFORMATION: CFR 381.315(b)) with the reasons for
I. Public Participation and Request for denying or granting the application and, DEPARTMENT OF TRANSPORTATION
Comments if granted, the name of the person or
class of persons receiving the Federal Motor Carrier Safety
FMCSA encourages you to participate exemption, and the regulatory provision Administration
by submitting comments and related from which the exemption is granted.
materials. If you submit a comment, The notice must also specify the [Docket No. FMCSA–2017–0028]
please include the docket number for effective period and explain the terms
this notice (FMCSA–2018–0003), and conditions of the exemption. The Qualification of Drivers; Exemption
indicate the specific section of this exemption may be renewed (49 CFR Applications; Vision
document to which the comment 381.300(b)).
applies, and provide a reason for AGENCY: Federal Motor Carrier Safety
suggestions or recommendations. You III. Request for Exemption Administration (FMCSA), DOT.
may submit your comments and The HOS rules (49 CFR part 395) ACTION: Notice of applications for
material online or by fax, mail, or hand prescribe the drive-time limits and rest exemption; request for comments.
delivery, but please use only one of requirements for interstate drivers of
these means. FMCSA recommends that CMVs. The rules also require most SUMMARY: FMCSA announces receipt of
you include your name and a mailing drivers of CMVs in interstate commerce, applications from 23 individuals for an
address, an email address, or a phone and their motor carriers, to use ELDs— exemption from the vision requirement
number in the body of your document not handwritten logbooks—to document in the Federal Motor Carrier Safety
daltland on DSKBBV9HB2PROD with NOTICES
so the Agency can contact you if it has their HOS duty status (49 CFR Regulations (FMCSRs) to operate a
questions regarding your submission. 395.8(a)(1)(i)). commercial motor vehicle (CMV) in
To submit your comments online, go NECA’s 4,000 members are interstate commerce. If granted, the
to www.regulations.gov and put the contractors who install, repair and exemptions will enable these
docket number, ‘‘FMCSA–2018–0003’’ maintain the infrastructure of electrical individuals to operate CMVs in
in the ‘‘Keyword’’ box, and click utilities. The contractors employ line interstate commerce without meeting
‘‘Search.’’ When the new screen workers who drive utility-service CMVs the vision requirement in one eye.
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Edwin Quiles accumulating 540,000 miles, and Edward G. Thurston, III
Mr. Quiles, 58, has retinal scarring in tractor-trailer combinations for 15 years, Mr. Thurston, 53, has had a macular
his left eye due to a traumatic incident accumulating 120,000 miles. He holds a scar in his right eye since 2004. The
in 1977. The visual acuity in his right Class AM1 CDL from California. His visual acuity in his right eye is 20/100,
eye is 20/20, and in his left eye, 20/250. driving record for the last three years and in his left eye, 20/20. Following an
Following an examination in 2017, his shows no crashes and no convictions for examination in 2017, his optometrist
optometrist stated, ‘‘It is my opinion moving violations in a CMV. stated, ‘‘Eddie has sufficient vision for
that Mr. Quiles has adequate vision to operating a commercial vehicle.’’ Mr.
Michael C. Stevelman
operate a commercial vehicle.’’ Mr. Thurston reported that he has driven
Quiles reported that he has driven Mr. Stevelman, 25, has had amblyopia tractor-trailer combinations for 18 years,
straight trucks for five years, in his right eye since childhood. The accumulating 1.3 million miles. He
accumulating 75,000 miles, and tractor- visual acuity in his right eye is 20/60, holds a Class A CDL from Texas. His
trailer combinations for 35 years, and in his left eye, 20/20. Following an driving record for the last three years
accumulating 2.9 million miles. He examination in 2017, his optometrist shows no crashes and no convictions for
holds a Class A CDL from Florida. His moving violations in a CMV.
stated, ‘‘In my medical opinion, the
driving record for the last three years
patient has sufficient vision to perform Gerald A. Vaughn
shows no crashes and no convictions for
the driving tasks required to operate a Mr. Vaughn, 59, has had a retinal scar
moving violations in a CMV.
commercial vehicle.’’ Mr. Stevelman in his right eye since 2004. The visual
Vernon L. Reed reported that he has driven straight acuity in his right eye is 20/60, and in
Mr. Reed, 61, has had a branch retinal trucks for seven years, accumulating his left eye, 20/20. Following an
vein occlusion in his left eye since 2014. 105,000 miles. He holds an operator’s examination in 2017, his optometrist
The visual acuity in his right eye is 20/ license from New Jersey. His driving stated, ‘‘Gerald Vaughn has sufficient
20, and in his left eye, 20/80. Following record for the last three years shows no vision to perform the driving tasks
an examination in 2017, his crashes and no convictions for moving required to operate a commercial
ophthalmologist stated, ‘‘I believe that violations in a CMV. vehicle.’’ Mr. Vaughn reported that he
Vernon Reed has sufficient vision to has driven straight trucks for ten years,
perform the driving tasks required to Sedrick Straughter accumulating 100,000 miles, and
operate a commercial vehicle.’’ Mr. Mr. Straughter, 45, has had amblyopia tractor-trailer combinations for 15 years,
Reed reported that he has driven in his left eye since childhood. The accumulating 2.25 million miles. He
straight trucks for 12 years, visual acuity in his right eye is 20/20, holds a Class A CDL from Ohio. His
accumulating 192,000 miles, and and in his left eye, 20/60. Following an driving record for the last three years
tractor-trailer combinations for 36 years, examination in 2017, his shows no crashes and no convictions for
accumulating 3.6 million miles. He moving violations in a CMV.
ophthalmologist stated, ‘‘This is to
holds a Class A CDL from Oregon. His
certify that, in my medical opinion, Mr. John Henry R. Viljoen
driving record for the last three years
Straughter has sufficient vision to Mr. Viljoen, 38, has a prosthetic left
shows no crashes and no convictions for
moving violations in a CMV. perform the driving tasks required to eye due to a traumatic incident in
operate a commercial vehicle.’’ Mr. childhood. The visual acuity in his right
Joshua A. Rhynd Straughter reported that he has driven eye is 20/20, and in his left eye, no light
Mr. Rhynd, 27, has had amblyopia in tractor-trailer combinations for ten perception. Following an examination
his left eye since childhood. The visual years, accumulating 1 million miles. He in 2017, his optometrist stated,
acuity in his right eye is 20/20, and in holds a Class A CDL from Illinois. His ‘‘According the [sic] visual acuity and
his left eye, 20/70. Following an driving record for the last three years his peripheral vision and his color
examination in 2017, his optometrist shows no crashes and no convictions for perception, it appears he has sufficient
stated, ‘‘He does have sufficient vision moving violations in a CMV. visual function to operate a commercial
to perform the commercial driving tasks vehicle.’’ Mr. Viljoen reported that he
required.’’ Mr. Rhynd reported that he Michael Talley has driven straight trucks for five years,
has driven straight trucks for four years, Mr. Talley, 51, has a chorioretinal scar accumulating 100,000 miles. He holds
accumulating 520,000 miles, and in his right eye due to a traumatic an operator’s license from North Dakota.
tractor-trailer combinations for five incident in childhood. The visual acuity His driving record for the last three
years, accumulating 1.12 million miles. in his right eye is hand motion, and in years shows no crashes and no
He holds a Class A CDL from Maine. His his left eye, 20/20. Following an convictions for moving violations in a
driving record for the last three years CMV.
examination in 2017, his optometrist
shows no crashes and no convictions for
stated, ‘‘DR [SIC] LANKA HEREBY Kenneth E. Wheland
moving violations in a CMV.
TESTIFIES THAT IN HIS MEDICAL Mr. Wheland, 56, has had a retinal
Douglass L. Riddell OPINION, MR. TALLEY HAS THE detachment in his left eye since 2014.
Mr. Riddell, 62, has had amblyopia in SUFFICIENT VISION TO PERFORM The visual acuity in his right eye is 20/
his left eye since birth. The visual acuity THE DRIVING TASKS REQUIRED TO 20, and in his left eye, 20/125.
in his right eye is 20/20, and in his left OPERATE A COMMERCIAL VEHICLE.’’ Following an examination in 2017, his
eye, 20/200. Following an examination Mr. Talley reported that he has driven optometrist stated, ‘‘In my opinion, Mr.
daltland on DSKBBV9HB2PROD with NOTICES
in 2017, his optometrist stated, ‘‘This tractor-trailer combinations for 30 years, Wheland retains vision sufficient to
letter certifies that Douglas L. Riddell in accumulating 2.1 million miles. He operate a commercial vehicle.’’ Mr.
my medical opinion has sufficient holds a Class A CDL from Oklahoma. Wheland reported that he has driven
vision to perform the driving tasks His driving record for the last three straight trucks for 18 years,
required to safely operate a commercial years shows no crashes and no accumulating 5.4 million miles, tractor-
vehicle.’’ Mr. Riddell reported that he convictions for moving violations in a trailer combinations for 22 years,
has driven straight trucks for 30 years, CMV. accumulating 12.1 million miles, and
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![Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices 6685
buses for 18 years, accumulating 6.3 FMCSA–2017–0028 and click the search ADDRESSES: You may submit comments
million miles. He holds a Class A CDL button. When the new screen appears, bearing the Federal Docket Management
from Pennsylvania. His driving record click on the blue ‘‘Comment Now!’’ System (FDMS) Docket No. FMCSA–
for the last three years shows no crashes button on the right hand side of the 2018–0020 using any of the following
and no convictions for moving page. On the new page, enter methods:
violations in a CMV. information required including the • Federal eRulemaking Portal: Go to
specific section of this document to http://www.regulations.gov. Follow the
Richard E. Wixom
which each comment applies, and online instructions for submitting
Mr. Wixom, 56, has a retinal provide a reason for each suggestion or comments.
detachment in his right eye due to a recommendation. If you submit your • Mail: Docket Management Facility;
traumatic incident in 2015. The visual comments by mail or hand delivery, U.S. Department of Transportation, 1200
acuity in his right eye is 20/50, and in submit them in an unbound format, no New Jersey Avenue SE, West Building
his left eye, 20/20. Following an larger than 81⁄2 by 11 inches, suitable for Ground Floor, Room W12–140,
examination in 2017, his optometrist copying and electronic filing. If you Washington, DC 20590–0001.
stated, ‘‘I certify that Richard has submit comments by mail and would • Hand Delivery: West Building
sufficient vision to perform the driving like to know that they reached the Ground Floor, Room W12–140, 1200
tasks required to operate a commercial facility, please enclose a stamped, self- New Jersey Avenue SE, Washington,
vehicle.’’ Mr. Wixom reported that he addressed postcard or envelope. DC, between 9 a.m. and 5 p.m., e.t.,
has driven tractor-trailer combinations We will consider all comments and Monday through Friday, except Federal
for 15 years, accumulating 2.25 million materials received during the comment Holidays.
miles. He holds a Class CA CDL from period. FMCSA may issue a final • Fax: 1–202–493–2251.
Michigan. His driving record for the last determination at any time after the close Instructions: Each submission must
three years shows no crashes and no of the comment period. include the Agency name and the
convictions for moving violations in a docket number(s) for this notice. Note
CMV. V. Viewing Comments and Documents that all comments received will be
To view comments, as well as any posted without change to http://
Mohammad J. Yousufzai
documents mentioned in this preamble, www.regulations.gov, including any
Mr. Yousufzai, 41, has had amblyopia go to http://www.regulations.gov and in personal information provided. Please
in his left eye since childhood. The the search box insert the docket number see the Privacy Act heading below for
visual acuity in his right eye is 20/20, FMCSA–2017–0028 and click ‘‘Search.’’ further information.
and in his left eye, 20/50. Following an Next, click ‘‘Open Docket Folder’’ and Docket: For access to the docket to
examination in 2017, his optometrist you will find all documents and read background documents or
stated, ‘‘In my medical opinion, Mr. comments related to this notice. comments, go to http://
Yousufzai has sufficient vision to www.regulations.gov at any time or
perform the driving tasks required to Issued on: February 7, 2018.
Room W12–140 on the ground level of
operate a commercial vehicle.’’ Mr. Larry W. Minor,
the West Building, 1200 New Jersey
Yousufzai reported that he has driven Associate Administrator for Policy. Avenue SE, Washington, DC, between 9
straight trucks for three years, [FR Doc. 2018–03034 Filed 2–13–18; 8:45 am] a.m. and 5 p.m., e.t., Monday through
accumulating 36,780 miles. He holds a BILLING CODE 4910–EX–P Friday, except Federal holidays. The
Class A CDL from New Jersey. His FDMS is available 24 hours each day
driving record for the last three years e.t., 365 days each year. If you want
shows no crashes and no convictions for DEPARTMENT OF TRANSPORTATION acknowledgment that we received your
moving violations in a CMV. comments, please include a self-
Federal Motor Carrier Safety
III. Request for Comments addressed, stamped envelope or
Administration
postcard or print the acknowledgement
In accordance with 49 U.S.C. 31136(e) page that appears after submitting
and 31315, FMCSA requests public [Docket No. FMCSA–2018–0020] comments online.
comment from all interested persons on Privacy Act: In accordance with 5
the exemption petitions described in Qualification of Drivers; Exemption
U.S.C. 553(c), DOT solicits comments
this notice. We will consider all Applications; Diabetes Mellitus
from the public to better inform its
comments and material received before rulemaking process. DOT posts these
AGENCY: Federal Motor Carrier Safety
the close of business on the closing date comments, without edit, including any
Administration (FMCSA), DOT.
indicated in the dates section of the personal information the commenter
notice. ACTION: Notice of applications for
exemption; request for comments. provides, to http://www.regulations.gov,
IV. Submitting Comments as described in the system of records
SUMMARY: FMCSA announces receipt of notice (DOT/ALL–14 FDMS), which can
You may submit your comments and
applications from 51 individuals for an be reviewed at http://www.dot.gov/
material online or by fax, mail, or hand
exemption from the prohibition in the privacy.
delivery, but please use only one of
these means. FMCSA recommends that Federal Motor Carrier Safety FOR FURTHER INFORMATION CONTACT: Ms.
you include your name and a mailing Regulations (FMCSRs) against persons Christine A. Hydock, Chief, Medical
address, an email address, or a phone with insulin-treated diabetes mellitus Programs Division, (202) 366–4001,
daltland on DSKBBV9HB2PROD with NOTICES
number in the body of your document (ITDM) operating a commercial motor fmcsamedical@dot.gov, FMCSA,
so that FMCSA can contact you if there vehicle (CMV) in interstate commerce. If Department of Transportation, 1200
are questions regarding your granted, the exemptions would enable New Jersey Avenue SE, Room W64–224,
submission. these individuals with ITDM to operate Washington, DC 20590–0001. Office
To submit your comment online, go to CMVs in interstate commerce. hours are 8:30 a.m. to 5 p.m., e.t.,
http://www.regulations.gov and in the DATES: Comments must be received on Monday through Friday, except Federal
search box insert the docket number or before March 16, 2018. holidays. If you have questions
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Document Created: 2018-02-14 03:59:23
Document Modified: 2018-02-14 03:59:23
| 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 March 16, 2018. | |
| Contact | Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. | |
| FR Citation | 83 FR 6681 |
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