83_FR_6725 83 FR 6694 - Qualification of Drivers; Exemption Applications; Vision

83 FR 6694 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 31 (February 14, 2018)

Page Range6694-6697
FR Document2018-03064

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.

Federal Register, Volume 83 Issue 31 (Wednesday, February 14, 2018)
[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Notices]
[Pages 6694-6697]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03064]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0006]


Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemption; request for comments.

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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 March 16, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2018-0006 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,

[[Page 6695]]

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 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 predictor for both concurrent and nonconcurrent events is 
the number of single convictions. This study used three consecutive 
years of data, comparing the experiences of drivers in the first two 
years with their experiences in the final year.

II. Qualifications of Applicants

Russell A. Anklam

    Mr. Anklam, 52, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/25, and in his left eye, 20/
200. Following an examination in 2017, his optometrist stated, ``Based 
on Mr. Anklam's good peripheral vision in each eye and his exceptional 
driving record, I feel he is more than qualified to operate a 
commercial vehicle.'' Mr. Anklam reported that he has driven straight 
trucks for 30 years, accumulating 3.6 million miles, tractor-trailer 
combinations for 15 years, accumulating 1.2 million miles, and buses 
for five years, accumulating 250,000 miles. He holds a Class ABCDM CDL 
from Wisconsin. His driving record for the last three years shows no 
crashes and no convictions for moving violations in a CMV.

Rodney P. Barfield

    Mr. Barfield, 50, 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 
2017, his ophthalmologist stated, ``It is my opinion that Rodney 
Barfield has sufficient vision to operate a commercial motor vehicle 
safely, there should be no restrictions imposed.'' Mr. Barfield 
reported that he has driven straight trucks for seven years, 
accumulating 315,000 miles, and tractor-trailer combinations for 19 
years, accumulating 2,660,000 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.

Kenneth W. Blake, Jr.

    Mr. Blake, 60, has had central serous chorioretinopathy in his left 
eye since August 2014. The visual acuity in his right eye is 20/20, and 
in his left eye, 20/100. Following an examination in 2017, his 
optometrist stated, ``In my medical opinion, he has sufficient vision 
to operate a commercial vehicle.'' Mr. Blake reported that he has 
driven straight trucks for 18 years, accumulating 180,000 miles. He 
holds a Class B CDL from Kansas. His driving record for the last three 
years shows no crashes and no convictions for moving violations in a 
CMV.

[[Page 6696]]

Efrain R. Cisneros

    Mr. Cisneros, 54, has aphakia in his left eye due to a traumatic 
incident in childhood. The visual acuity in his right eye is 20/20, and 
in his left eye, 20/400. Following an examination in 2017, his 
optometrist stated, ``Excellent vision in the right eye, able to 
perform driving tasks of a commercial vehicle.'' Mr. Cisneros reported 
that he has driven straight trucks for 11 years, accumulating 528,000 
miles, and tractor-trailer combinations for four years, accumulating 
300,000 miles. He holds a Class A CDL from California. His driving 
record for the last three years shows no crashes and no convictions for 
moving violations in a CMV.

Justin D. Craft

    Mr. Craft, 57, has corneal scarring in his left eye due to a 
traumatic incident in childhood. The visual acuity in his right eye is 
20/20, and in his left eye, light perception. Following an examination 
in 2017, his optometrist stated, ``Mr. Craft has sufficient vision to 
perform driving tasks required to operate a commercial vehicle.'' Mr. 
Craft reported that he has driven straight trucks for 16 years, 
accumulating 400,000 miles. He holds an operator's license from 
Arkansas. His driving record for the last three years shows no crashes 
and no convictions for moving violations in a CMV.

James E. Haener

    Mr. Haener, 66, has a corneal 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, ``In my medical opinion, James Haener has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Haener reported that he has driven straight 
trucks for 45 years, accumulating 225,000 miles, and tractor-trailer 
combinations for 45 years, accumulating 225,000 miles. He holds a Class 
A CDL from Idaho. His driving record for the last three years shows no 
crashes and no convictions for moving violations in a CMV.

Curvin L. Martin

    Mr. Martin, 40, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is 20/70, and in his left eye, 20/
20. Following an examination in 2017, his optometrist stated, ``In my 
opinion, Mr. Martin has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Martin reported that he 
has driven tractor-trailer combinations for 19 years, accumulating 1.9 
million miles. He holds a Class A CDL from Pennsylvania. His driving 
record for the last three years shows no crashes and one conviction for 
a moving violation in a CMV; he disregarded a traffic lane.

Robert L. Redding

    Mr. Redding, 54, has aphakia in his left eye due to a traumatic 
incident in childhood. The visual acuity in his right eye is 20/20, and 
in his left eye, 20/800. Following an examination in 2017, his 
optometrist stated, ``Please let this letter serve as notice that Mr. 
Redding does have sufficient vision to perform the driving tasks 
required to operate a commercial motor vehicle.'' Mr. Redding reported 
that he has driven straight trucks for 21 years, accumulating 315,000 
miles. He holds a Class B CDL from North Carolina. His driving record 
for the last three years shows no crashes and no convictions for moving 
violations in a CMV.

Gerald L. Wheeler

    Mr. Wheeler, 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/
200. Following an examination in 2017, his optometrist stated, ``Mr. 
Wheeler has, in my opinion, sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Wheeler reported 
that he has driven straight trucks for 15 years, accumulating 300,000 
miles. He holds an operator's license from Florida. His driving record 
for the last three years shows no crashes and no convictions for moving 
violations in a CMV.

George J. Worthington, Jr.

    Mr. Worthington, 58, has had amblyopia in his left eye since 
childhood. The visual acuity in his right eye is 20/20, and in his left 
eye, 20/200. Following an examination in 2017, his ophthalmologist 
stated, ``His ability to operate a commercial motor vehicle should not 
be limited due to his long-standing amblyopia of the left eye.'' Mr. 
Worthington reported that he has driven straight trucks for 30 years, 
accumulating 300,000 miles. He holds an operator's license from New 
York. His driving record for the last three years shows no crashes and 
no convictions for moving violations in a CMV.

Jonas L. Yoder

    Mr. Yoder, 57, has had a branch retinal vein occlusion in his left 
eye since 1995. 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, ``Despite the vision deficiency of the left eye, it is my 
professional medical opinion that Jonas has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Yoder reported that he has driven straight trucks for five years, 
accumulating 400,000 miles. He holds a Class B CDL from Nebraska. His 
driving record for the last three years shows no crashes and no 
convictions for moving violations in a CMV.

III. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests 
public comment from all interested persons on the exemption petitions 
described in this notice. We will consider all comments and material 
received before the close of business on the closing date indicated in 
the dates section of the notice.

IV. Submitting Comments

    You may submit your comments and material online or by fax, mail, 
or hand delivery, but please use only one of these means. FMCSA 
recommends that you include your name and a mailing address, an email 
address, or a phone number in the body of your document so that FMCSA 
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and 
in the search box insert the docket number FMCSA-2018-0006 and click 
the search button. When the new screen appears, click on the blue 
``Comment Now!'' button on the right hand side of the page. On the new 
page, enter information required including the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. If you submit your comments by mail or 
hand delivery, submit them in an unbound format, no larger than 8\1/2\ 
by 11 inches, suitable for copying and electronic filing. If you submit 
comments by mail and would like to know that they reached the facility, 
please enclose a stamped, self-addressed postcard or envelope.
    We will consider all comments and materials received during the 
comment period. FMCSA may issue a final determination at any time after 
the close of the comment period.

V. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble, go to http://www.regulations.gov and in the search box insert 
the docket number FMCSA-2018-0006 and click ``Search.''

[[Page 6697]]

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. 2018-03064 Filed 2-13-18; 8:45 am]
 BILLING CODE 4910-EX-P



                                               6694                      Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices

                                               Jeffrey P. James (AR)                                   not it is related to an episode of                    exemptions will enable these
                                               Tracy N. Jenkins (DE)                                   hypoglycemia; (3) each driver must                    individuals to operate CMVs in
                                               Gregory A. King (NC)                                    submit an annual ophthalmologist’s or                 interstate commerce without meeting
                                               Matthew R. Linehan (NY)                                 optometrist’s report; and (4) each driver             the vision requirement in one eye.
                                               Cory A. Meadows (OH)                                    must provide a copy of the annual                     DATES: Comments must be received on
                                               Ashun R. Merritt (GA)                                   medical certification to the employer for             or before March 16, 2018.
                                               Herbert A. Morton (CA)                                  retention in the driver’s qualification               ADDRESSES: You may submit comments
                                               Jayrome B. Rimolde (MN)                                 file, or keep a copy in his/her driver’s              bearing the Federal Docket Management
                                               Gale Roland (PA)                                        qualification file if he/she is self-                 System (FDMS) Docket No. FMCSA–
                                               John L. Scherette (WA)                                  employed. The driver must also have a                 2018–0006 using any of the following
                                               Kelly T. Scholl (MN)                                    copy of the exemption when driving, for               methods:
                                               James P. Shurkus (NH)                                   presentation to a duly authorized                       • Federal eRulemaking Portal: Go to
                                               Gregory G. Sisco (IA)                                   Federal, State, or local enforcement                  http://www.regulations.gov. Follow the
                                               Travers L. Stephens (GA)                                official. The exemption will be                       online instructions for submitting
                                               Brittany K. Tomasko (CA)                                rescinded if: (1) The person fails to                 comments.
                                               Daren Warren (NY)                                       comply with the terms and conditions                    • Mail: Docket Management Facility;
                                               Alan T. Whalen (NY)                                     of the exemption; (2) the exemption has               U.S. Department of Transportation, 1200
                                               Thomas L. Whitley (IN)                                  resulted in a lower level of safety than              New Jersey Avenue SE, West Building
                                               Randall S. Williams (PA)                                was maintained before it was granted; or              Ground Floor, Room W12–140,
                                               Tomme J. Wirth (IA)                                     (3) continuation of the exemption would               Washington, DC 20590–0001.
                                               Joshua C. Wyse (OH)                                     not be consistent with the goals and                    • Hand Delivery: West Building
                                               Rowland P. Yee (HI)                                     objectives of 49 U.S.C. 31136(e) and                  Ground Floor, Room W12–140, 1200
                                                  The drivers were included in docket                  31315.                                                New Jersey Avenue SE, Washington,
                                               numbers FMCSA–2011–0368; FMCSA–                         V. Preemption                                         DC, between 9 a.m. and 5 p.m., e.t.,
                                               2013–0192. Their exemptions are                                                                               Monday through Friday, except Federal
                                               applicable as of March 7, 2018, and will                   During the period the exemption is in              Holidays.
                                               expire on March 7, 2020.                                effect, no State shall enforce any law or               • Fax: 1–202–493–2251.
                                                  As of March 23, 2018, and in                         regulation that conflicts with this                      Instructions: Each submission must
                                               accordance with 49 U.S.C. 31136(e) and                  exemption with respect to a person                    include the Agency name and the
                                               31315, the following 12 individuals                     operating under the exemption.                        docket number(s) for this notice. Note
                                               have satisfied the renewal conditions for               VI. Conclusion                                        that all comments received will be
                                               obtaining an exemption from the rule                                                                          posted without change to http://
                                                                                                         Based upon its evaluation of the 77
                                               prohibiting drivers with ITDM from                                                                            www.regulations.gov, including any
                                                                                                       exemption applications, FMCSA renews
                                               driving CMVs in interstate commerce                                                                           personal information provided. Please
                                                                                                       the exemptions of the aforementioned
                                               (77 FR 5870; 77 FR 17116; 81 FR 14210):                                                                       see the Privacy Act heading below for
                                                                                                       drivers from the rule prohibiting drivers
                                               Roger L. Arcan, Jr. (MA)                                                                                      further information.
                                                                                                       with ITDM from driving CMVs in                           Docket: For access to the docket to
                                               Marsha M. Colberg (WA)                                  interstate commerce. In accordance with
                                               Robert D. Crissinger (MN)                                                                                     read background documents or
                                                                                                       49 U.S.C. 31136(e) and 31315, each                    comments, go to http://
                                               Scott W. Forsyth, Jr. (CO)                              exemption will be valid for two years
                                               Fritz D. Gregory (UT)                                                                                         www.regulations.gov at any time or
                                                                                                       unless revoked earlier by FMCSA.                      Room W12–140 on the ground level of
                                               Anthony P. Kesselring (FL)
                                               Don R. Kivi (ND)                                          Issued on: February 7, 2018.                        the West Building, 1200 New Jersey
                                               Vincent Ligotti (NY)                                    Larry W. Minor,                                       Avenue SE, Washington, DC, between 9
                                               Michael R. Miller (PA)                                  Associate Administrator for Policy.                   a.m. and 5 p.m., e.t., Monday through
                                               Jack L. Phippen (WI)                                    [FR Doc. 2018–03056 Filed 2–13–18; 8:45 am]           Friday, except Federal holidays. The
                                               Richard A. Purk (CA)                                    BILLING CODE 4910–EX–P                                FDMS is available 24 hours each day,
                                               Jack A. Tidey (AR)                                                                                            365 days each year. If you want
                                                  The drivers were included in docket                                                                        acknowledgment that we received your
                                               number FMCSA–2011–0381. Their                           DEPARTMENT OF TRANSPORTATION                          comments, please include a self-
                                               exemptions are applicable as of March                                                                         addressed, stamped envelope or
                                                                                                       Federal Motor Carrier Safety                          postcard or print the acknowledgement
                                               23, 2018, and will expire on March 23,                  Administration
                                               2020.                                                                                                         page that appears after submitting
                                                                                                       [Docket No. FMCSA–2018–0006]                          comments online.
                                               IV. Conditions and Requirements                                                                                  Privacy Act: In accordance with 5
                                                  The exemptions are extended subject                  Qualification of Drivers; Exemption                   U.S.C. 553(c), DOT solicits comments
                                               to the following conditions: (1) Each                   Applications; Vision                                  from the public to better inform its
                                               driver must submit a quarterly                                                                                rulemaking process. DOT posts these
                                                                                                       AGENCY: Federal Motor Carrier Safety                  comments, without edit, including any
                                               monitoring checklist completed by the                   Administration (FMCSA), DOT.
                                               treating endocrinologist as well as an                                                                        personal information the commenter
                                                                                                       ACTION: Notice of applications for                    provides, to http://www.regulations.gov,
                                               annual checklist with a comprehensive                   exemption; request for comments.
                                               medical evaluation; (2) each driver must                                                                      as described in the system of records
daltland on DSKBBV9HB2PROD with NOTICES




                                               report within two business days of                      SUMMARY:   FMCSA announces receipt of                 notice (DOT/ALL–14 FDMS), which can
                                               occurrence, all episodes of severe                      applications from 11 individuals for an               be reviewed at http://www.dot.gov/
                                               hypoglycemia, significant                               exemption from the vision requirement                 privacy.
                                               complications, or inability to manage                   in the Federal Motor Carrier Safety                   FOR FURTHER INFORMATION CONTACT: Ms.
                                               diabetes; also, any involvement in an                   Regulations (FMCSRs) to operate a                     Christine A. Hydock, Chief, Medical
                                               accident or any other adverse event in                  commercial motor vehicle (CMV) in                     Programs Division, (202) 366–4001,
                                               a CMV or personal vehicle, whether or                   interstate commerce. If granted, the                  fmcsamedical@dot.gov, FMCSA,


                                          VerDate Sep<11>2014   22:07 Feb 13, 2018   Jkt 244001   PO 00000   Frm 00188   Fmt 4703   Sfmt 4703   E:\FR\FM\14FEN1.SGM   14FEN1


                                                                         Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices                                             6695

                                               Department of Transportation, 1200                      upon application by CMV drivers who                   single convictions. This study used
                                               New Jersey Avenue SE, Room W64–224,                     do not meet the vision standards of 49                three consecutive years of data,
                                               Washington, DC 20590–0001. Office                       CFR 391.41(b)(10).                                    comparing the experiences of drivers in
                                               hours are 8:30 a.m. to 5 p.m., e.t.,                       To qualify for an exemption from the               the first two years with their
                                               Monday through Friday, except Federal                   vision requirement, FMCSA requires a                  experiences in the final year.
                                               holidays. If you have questions                         person to present verifiable evidence
                                               regarding viewing or submitting                         that he/she has driven a commercial                   II. Qualifications of Applicants
                                               material to the docket, contact Docket                  vehicle safely with the vision deficiency             Russell A. Anklam
                                               Services, telephone (202) 366–9826.                     for the past three years. Recent driving
                                               SUPPLEMENTARY INFORMATION:                              performance is especially important in                  Mr. Anklam, 52, has had amblyopia in
                                                                                                       evaluating future safety, according to                his left eye since childhood. The visual
                                               I. Background                                           several research studies designed to                  acuity in his right eye is 20/25, and in
                                                  Under 49 U.S.C. 31136(e) and 31315,                  correlate past and future driving                     his left eye, 20/200. Following an
                                               FMCSA may grant an exemption from                       performance. Results of these studies                 examination in 2017, his optometrist
                                               the FMCSRs for a five-year period if it                 support the principle that the best                   stated, ‘‘Based on Mr. Anklam’s good
                                               finds ‘‘such exemption would likely                     predictor of future performance by a                  peripheral vision in each eye and his
                                               achieve a level of safety that is                       driver is his/her past record of crashes              exceptional driving record, I feel he is
                                               equivalent to or greater than the level                 and traffic violations. Copies of the                 more than qualified to operate a
                                               that would be achieved absent such                      studies may be found at Docket Number                 commercial vehicle.’’ Mr. Anklam
                                               exemption.’’ The statute also allows the                FMCSA–1998–3637.                                      reported that he has driven straight
                                               Agency to renew exemptions at the end                      FMCSA believes it can properly apply               trucks for 30 years, accumulating 3.6
                                               of the five-year period. FMCSA grants                   the principle to monocular drivers,                   million miles, tractor-trailer
                                               exemptions from the FMCSRs for a two-                   because data from the Federal Highway                 combinations for 15 years, accumulating
                                               year period to align with the maximum                   Administration’s (FHWA) former waiver                 1.2 million miles, and buses for five
                                               duration of a driver’s medical                          study program clearly demonstrated the                years, accumulating 250,000 miles. He
                                               certification.                                          driving performance of experienced                    holds a Class ABCDM CDL from
                                                  The 11 individuals listed in this                    monocular drivers in the program is                   Wisconsin. His driving record for the
                                               notice have requested an exemption                      better than that of all CMV drivers                   last three years shows no crashes and no
                                               from the vision requirement in 49 CFR                   collectively (See 61 FR 13338, 13345,                 convictions for moving violations in a
                                               391.41(b)(10). Accordingly, the Agency                  March 26, 1996). The fact that                        CMV.
                                               will evaluate the qualifications of each                experienced monocular drivers
                                               applicant to determine whether granting                 demonstrated safe driving records in the              Rodney P. Barfield
                                               an exemption will achieve the required                  waiver program supports a conclusion                     Mr. Barfield, 50, has a prosthetic right
                                               level of safety mandated by statute.                    that other monocular drivers, meeting                 eye due to a traumatic incident in
                                                  The physical qualification standard                  the same qualifying conditions as those               childhood. The visual acuity in his right
                                               for drivers regarding vision found in 49                required by the waiver program, are also
                                                                                                                                                             eye is no light perception, and in his left
                                               CFR 391.41(b)(10) states that a person is               likely to have adapted to their vision
                                                                                                                                                             eye, 20/20. Following an examination in
                                               physically qualified to drive a CMV if                  deficiency and will continue to operate
                                                                                                                                                             2017, his ophthalmologist stated, ‘‘It is
                                               that person has distant visual acuity of                safely.
                                                                                                          The first major research correlating               my opinion that Rodney Barfield has
                                               at least 20/40 (Snellen) in each eye
                                                                                                       past and future performance was done                  sufficient vision to operate a
                                               without corrective lenses or visual
                                               acuity separately corrected to 20/40                    in England by Greenwood and Yule in                   commercial motor vehicle safely, there
                                               (Snellen) or better with corrective                     1920. Subsequent studies, building on                 should be no restrictions imposed.’’ Mr.
                                               lenses, distant binocular acuity of at                  that model, concluded that crash rates                Barfield reported that he has driven
                                               least 20/40 (Snellen) in both eyes with                 for the same individual exposed to                    straight trucks for seven years,
                                               or without corrective lenses, field of                  certain risks for two different time                  accumulating 315,000 miles, and
                                               vision of at least 70° in the horizontal                periods vary only slightly (See Bates                 tractor-trailer combinations for 19 years,
                                               Meridian in each eye, and the ability to                and Neyman, University of California                  accumulating 2,660,000 miles. He holds
                                               recognize the colors of traffic signals                 Publications in Statistics, April 1952).              a Class A CDL from Georgia. His driving
                                               and devices showing standard red,                       Other studies demonstrated theories of                record for the last three years shows no
                                               green, and amber.                                       predicting crash proneness from crash                 crashes and no convictions for moving
                                                  In July 1992, the Agency first                       history coupled with other factors.                   violations in a CMV.
                                               published the criteria for the Vision                   These factors—such as age, sex,                       Kenneth W. Blake, Jr.
                                               Waiver Program, which listed the                        geographic location, mileage driven and
                                               conditions and reporting standards that                 conviction history—are used every day                    Mr. Blake, 60, has had central serous
                                               CMV drivers approved for participation                  by insurance companies and motor                      chorioretinopathy in his left eye since
                                               would need to meet (Qualification of                    vehicle bureaus to predict the                        August 2014. The visual acuity in his
                                               Drivers; Vision Waivers, 57 FR 31458,                   probability of an individual                          right eye is 20/20, and in his left eye,
                                               July 16, 1992). The current Vision                      experiencing future crashes (See Weber,               20/100. Following an examination in
                                               Exemption Program was established in                    Donald C., ‘‘Accident Rate Potential: An              2017, his optometrist stated, ‘‘In my
                                               1998, following the enactment of                        Application of Multiple Regression                    medical opinion, he has sufficient
                                               amendments to the statutes governing                    Analysis of a Poisson Process,’’ Journal              vision to operate a commercial vehicle.’’
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                                               exemptions made by § 4007 of the                        of American Statistical Association,                  Mr. Blake reported that he has driven
                                               Transportation Equity Act for the 21st                  June 1971). A 1964 California Driver                  straight trucks for 18 years,
                                               Century (TEA–21), Public Law 105–178,                   Record Study prepared by the California               accumulating 180,000 miles. He holds a
                                               112 Stat. 107, 401 (June 9, 1998). Vision               Department of Motor Vehicles                          Class B CDL from Kansas. His driving
                                               exemptions are considered under the                     concluded that the best overall crash                 record for the last three years shows no
                                               procedures established in 49 CFR part                   predictor for both concurrent and                     crashes and no convictions for moving
                                               381 subpart C, on a case-by-case basis                  nonconcurrent events is the number of                 violations in a CMV.


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                                               6696                      Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices

                                               Efrain R. Cisneros                                      for 19 years, accumulating 1.9 million                2017, his optometrist stated, ‘‘Despite
                                                  Mr. Cisneros, 54, has aphakia in his                 miles. He holds a Class A CDL from                    the vision deficiency of the left eye, it
                                               left eye due to a traumatic incident in                 Pennsylvania. His driving record for the              is my professional medical opinion that
                                               childhood. The visual acuity in his right               last three years shows no crashes and                 Jonas has sufficient vision to perform
                                               eye is 20/20, and in his left eye, 20/400.              one conviction for a moving violation in              the driving tasks required to operate a
                                               Following an examination in 2017, his                   a CMV; he disregarded a traffic lane.                 commercial vehicle.’’ Mr. Yoder
                                               optometrist stated, ‘‘Excellent vision in                                                                     reported that he has driven straight
                                                                                                       Robert L. Redding
                                               the right eye, able to perform driving                                                                        trucks for five years, accumulating
                                                                                                          Mr. Redding, 54, has aphakia in his                400,000 miles. He holds a Class B CDL
                                               tasks of a commercial vehicle.’’ Mr.
                                               Cisneros reported that he has driven                    left eye due to a traumatic incident in               from Nebraska. His driving record for
                                               straight trucks for 11 years,                           childhood. The visual acuity in his right             the last three years shows no crashes
                                               accumulating 528,000 miles, and                         eye is 20/20, and in his left eye, 20/800.            and no convictions for moving
                                               tractor-trailer combinations for four                   Following an examination in 2017, his                 violations in a CMV.
                                               years, accumulating 300,000 miles. He                   optometrist stated, ‘‘Please let this letter
                                                                                                       serve as notice that Mr. Redding does                 III. Request for Comments
                                               holds a Class A CDL from California.
                                               His driving record for the last three                   have sufficient vision to perform the                    In accordance with 49 U.S.C. 31136(e)
                                               years shows no crashes and no                           driving tasks required to operate a                   and 31315, FMCSA requests public
                                               convictions for moving violations in a                  commercial motor vehicle.’’ Mr.                       comment from all interested persons on
                                               CMV.                                                    Redding reported that he has driven                   the exemption petitions described in
                                                                                                       straight trucks for 21 years,                         this notice. We will consider all
                                               Justin D. Craft                                         accumulating 315,000 miles. He holds a                comments and material received before
                                                  Mr. Craft, 57, has corneal scarring in               Class B CDL from North Carolina. His                  the close of business on the closing date
                                               his left eye due to a traumatic incident                driving record for the last three years               indicated in the dates section of the
                                               in childhood. The visual acuity in his                  shows no crashes and no convictions for               notice.
                                               right eye is 20/20, and in his left eye,                moving violations in a CMV.                           IV. Submitting Comments
                                               light perception. Following an                          Gerald L. Wheeler
                                               examination in 2017, his optometrist                                                                             You may submit your comments and
                                               stated, ‘‘Mr. Craft has sufficient vision to               Mr. Wheeler, 54, has had amblyopia                 material online or by fax, mail, or hand
                                               perform driving tasks required to                       in his left eye since childhood. The                  delivery, but please use only one of
                                               operate a commercial vehicle.’’ Mr. Craft               visual acuity in his right eye is 20/20,              these means. FMCSA recommends that
                                               reported that he has driven straight                    and in his left eye, 20/200. Following an             you include your name and a mailing
                                               trucks for 16 years, accumulating                       examination in 2017, his optometrist                  address, an email address, or a phone
                                               400,000 miles. He holds an operator’s                   stated, ‘‘Mr. Wheeler has, in my                      number in the body of your document
                                               license from Arkansas. His driving                      opinion, sufficient vision to perform the             so that FMCSA can contact you if there
                                               record for the last three years shows no                driving tasks required to operate a                   are questions regarding your
                                               crashes and no convictions for moving                   commercial vehicle.’’ Mr. Wheeler                     submission.
                                               violations in a CMV.                                    reported that he has driven straight                     To submit your comment online, go to
                                                                                                       trucks for 15 years, accumulating                     http://www.regulations.gov and in the
                                               James E. Haener                                         300,000 miles. He holds an operator’s                 search box insert the docket number
                                                  Mr. Haener, 66, has a corneal scar in                license from Florida. His driving record              FMCSA–2018–0006 and click the search
                                               his right eye due to a traumatic incident               for the last three years shows no crashes             button. When the new screen appears,
                                               in childhood. The visual acuity in his                  and no convictions for moving                         click on the blue ‘‘Comment Now!’’
                                               right eye is hand motion, and in his left               violations in a CMV.                                  button on the right hand side of the
                                               eye, 20/20. Following an examination in                                                                       page. On the new page, enter
                                                                                                       George J. Worthington, Jr.                            information required including the
                                               2017, his optometrist stated, ‘‘In my
                                               medical opinion, James Haener has                          Mr. Worthington, 58, has had                       specific section of this document to
                                               sufficient vision to perform the driving                amblyopia in his left eye since                       which each comment applies, and
                                               tasks required to operate a commercial                  childhood. The visual acuity in his right             provide a reason for each suggestion or
                                               vehicle.’’ Mr. Haener reported that he                  eye is 20/20, and in his left eye, 20/200.            recommendation. If you submit your
                                               has driven straight trucks for 45 years,                Following an examination in 2017, his                 comments by mail or hand delivery,
                                               accumulating 225,000 miles, and                         ophthalmologist stated, ‘‘His ability to              submit them in an unbound format, no
                                               tractor-trailer combinations for 45 years,              operate a commercial motor vehicle                    larger than 81⁄2 by 11 inches, suitable for
                                               accumulating 225,000 miles. He holds a                  should not be limited due to his long-                copying and electronic filing. If you
                                               Class A CDL from Idaho. His driving                     standing amblyopia of the left eye.’’ Mr.             submit comments by mail and would
                                               record for the last three years shows no                Worthington reported that he has driven               like to know that they reached the
                                               crashes and no convictions for moving                   straight trucks for 30 years,                         facility, please enclose a stamped, self-
                                               violations in a CMV.                                    accumulating 300,000 miles. He holds                  addressed postcard or envelope.
                                                                                                       an operator’s license from New York.                     We will consider all comments and
                                               Curvin L. Martin
                                                                                                       His driving record for the last three                 materials received during the comment
                                                 Mr. Martin, 40, has had amblyopia in                  years shows no crashes and no                         period. FMCSA may issue a final
                                               his right eye since childhood. The                      convictions for moving violations in a                determination at any time after the close
                                               visual acuity in his right eye is 20/70,                CMV.                                                  of the comment period.
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                                               and in his left eye, 20/20. Following an
                                               examination in 2017, his optometrist                    Jonas L. Yoder                                        V. Viewing Comments and Documents
                                               stated, ‘‘In my opinion, Mr. Martin has                    Mr. Yoder, 57, has had a branch                      To view comments, as well as any
                                               sufficient vision to perform the driving                retinal vein occlusion in his left eye                documents mentioned in this preamble,
                                               tasks required to operate a commercial                  since 1995. The visual acuity in his                  go to http://www.regulations.gov and in
                                               vehicle.’’ Mr. Martin reported that he                  right eye is 20/20, and in his left eye,              the search box insert the docket number
                                               has driven tractor-trailer combinations                 20/200. Following an examination in                   FMCSA–2018–0006 and click ‘‘Search.’’


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                                                                         Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices                                            6697

                                               Next, click ‘‘Open Docket Folder’’ and                  West Building, 1200 New Jersey Avenue                 driving CMVs in interstate commerce
                                               you will find all documents and                         SE, Washington, DC, between 9 a.m. and                (76 FR 47291; 76 FR 61139):
                                               comments related to this notice.                        5 p.m., e.t., Monday through Friday,                  Michael J. Alexander (MO)
                                                 Issued on: February 7, 2018.                          except Federal holidays.                              Dean A. Chamberlin (NE)
                                                                                                          Privacy Act: In accordance with 5                  Ronald D. Fatka (IA)
                                               Larry W. Minor,
                                                                                                       U.S.C. 553(c), DOT solicits comments                  Frank B. Hernandez (MN)
                                               Associate Administrator for Policy.
                                                                                                       from the public to better inform its                  Dale A. Iverson (UT)
                                               [FR Doc. 2018–03064 Filed 2–13–18; 8:45 am]             rulemaking process. DOT posts these                   John H. Krastel, Jr. (MD)
                                               BILLING CODE 4910–EX–P                                  comments, without edit, including any                 Edward Linhart (MA)
                                                                                                       personal information the commenter                    Larry D. Matson (MT)
                                                                                                       provides, to http://www.regulations.gov,              David W. Payne (KS)
                                               DEPARTMENT OF TRANSPORTATION                            as described in the system of records                 Jim B. Robertson II (KY)
                                               Federal Motor Carrier Safety                            notice (DOT/ALL–14 FDMS), which can                   Donald M. Rush, Jr. (GA)
                                               Administration                                          be reviewed at http://www.dot.gov/                    Barry A. Sircy (KY)
                                                                                                       privacy.                                              John S. Starchevich (IA)
                                               [Docket No. FMCSA–2007–27801; FMCSA–                                                                          Michael B. Tortora (VT)
                                               2007–28536; FMCSA–2008–0175; FMCSA–                     II. Background
                                                                                                                                                             Charlotte C. Watson (CA)
                                               2008–0267; FMCSA–2009–0207; FMCSA–                         On November 27, 2017, FMCSA
                                               2011–0192; FMCSA–2013–0181; FMCSA–
                                                                                                                                                             Shaun M. Wheeler (CT)
                                                                                                       published a notice announcing its
                                               2013–0182]                                                                                                       The drivers were included in docket
                                                                                                       decision to renew exemptions for 99
                                                                                                                                                             number FMCSA–2011–0192. Their
                                               Qualification of Drivers; Exemption                     individuals from the insulin-treated
                                                                                                                                                             exemptions are applicable as of October
                                               Applications; Diabetes                                  diabetes mellitus prohibition in 49 CFR
                                                                                                                                                             3, 2017, and will expire on October 3,
                                                                                                       391.41(b)(3) to operate a CMV in
                                                                                                                                                             2019.
                                               AGENCY: Federal Motor Carrier Safety                    interstate commerce and requested
                                                                                                                                                                As of October 15, 2017, and in
                                               Administration (FMCSA), DOT.                            comments from the public (82 FR
                                                                                                                                                             accordance with 49 U.S.C. 31136(e) and
                                               ACTION: Notice of final disposition.                    56111). The public comment period
                                                                                                                                                             31315, the following 43 individuals
                                                                                                       ended on December 27, 2017, and no
                                                                                                                                                             have satisfied the renewal conditions for
                                               SUMMARY:   FMCSA announces its                          comments were received.
                                                                                                                                                             obtaining an exemption from the rule
                                               decision to renew exemptions for 99                        As stated in the previous notice,
                                                                                                                                                             prohibiting drivers with ITDM from
                                               individuals from its prohibition in the                 FMCSA has evaluated the eligibility of
                                                                                                                                                             driving CMVs in interstate commerce
                                               Federal Motor Carrier Safety                            these applicants and determined that
                                                                                                                                                             (72 FR 45480; 72 FR 58360; 73 FR
                                               Regulations (FMCSRs) against persons                    renewing these exemptions would
                                                                                                                                                             45519; 73 FR 61188; 78 FR 50486; 78 FR
                                               with insulin-treated diabetes mellitus                  achieve a level of safety equivalent to or
                                                                                                                                                             65031):
                                               (ITDM) from operating commercial                        greater than the level that would be
                                               motor vehicles (CMVs) in interstate                     achieved by complying with the current                Scott M. Aitcheson (MI)
                                               commerce. The exemptions enable these                   regulation 49 CFR 391.41(b)(3).                       Robert V. Balmes (IL)
                                               individuals with ITDM to continue to                       The physical qualification standard                Kenneth M. Brinker (SD)
                                               operate CMVs in interstate commerce.                    for drivers regarding diabetes found in               Daniel A. Brown (IN)
                                                                                                       49 CFR 391.41(b)(3) states that a person              Floyd G. Burbach (SD)
                                               DATES: Each group of renewed
                                                                                                       is physically qualified to drive a CMV                Frederick J. Caldarelli III (KS)
                                               exemptions were applicable on the                                                                             Jay P. Cave (IL)
                                               dates stated in the discussions below                   if that person has no established
                                                                                                       medical history or clinical diagnosis of              William J. Compton (MI)
                                               and will expire on the dates stated in                                                                        Brian R. Current (IA)
                                               the discussions below.                                  diabetes mellitus currently requiring
                                                                                                       insulin for control.                                  Mark A. Davis (AR)
                                               FOR FURTHER INFORMATION CONTACT: Ms.                                                                          Todd J. Donnelly (IA)
                                               Christine A. Hydock, Chief, Medical                     III. Discussion of Comments                           Carmine J. Fossile (MA)
                                               Programs Division, 202–366–4001,                           FMCSA received no comments in this                 Steven M. French (MI)
                                               fmcsamedical@dot.gov, FMCSA,                            preceding.                                            Philip P. Gray (VA)
                                               Department of Transportation, 1200                                                                            John L. Hansen (MT)
                                               New Jersey Avenue SE, Room W64–224,                     IV. Conclusion                                        Michael G. Harp (OK)
                                               Washington, DC 20590–0001. Office                          Based upon its evaluation of the 99                Darin D. Harries (MN)
                                               hours are from 8:30 a.m. to 5:30 p.m.,                  renewal exemption applications and                    James M. Holland (WA)
                                               e.t., Monday through Friday, except                     comments received, FMCSA confirms                     William E. Hollowell (MI)
                                               Federal holidays. If you have questions                 its’ decision to exempt the following                 Matthew S. Hooker (IN)
                                               regarding viewing or submitting                         drivers from the rule prohibiting drivers             Cindy L. Hushin-Brink (PA)
                                               material to the docket, contact Docket                  with ITDM from driving CMVs in                        Gregory A. Iverson (IA)
                                               Services, telephone (202) 366–9826.                     interstate commerce in 49 CFR                         Bradley M. Johnson (ID)
                                               SUPPLEMENTARY INFORMATION:                              391.64(3):                                            Mark A. Jones (WI)
                                                                                                          In accordance with 49 U.S.C. 31136(e)              Michael J. Keating (IL)
                                               I. Electronic Access                                                                                          Richard D. Knoche (IL)
                                                                                                       and 31315, the following groups of
                                                 You may see all the comments online                   drivers received renewed exemptions in                Jonathan D. Koehn (NE)
                                               through the Federal Document                            the month of October and are discussed                Edward M. Mason (KY)
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                                               Management System (FDMS) at: http://                    below:                                                Harold W. McCullough (NE)
                                               www.regulations.gov.                                       As of October 3, 2017, and in                      Kurt V. Miller (IL)
                                                 Docket: For access to the docket to                   accordance with 49 U.S.C. 31136(e) and                Tyree L. Murdock II (FL)
                                               read background documents or                            31315, the following 16 individuals                   Thomas L. Nesbit (PA)
                                               comments, go to http//                                  have satisfied the renewal conditions for             Richard Rodriguez (KS)
                                               www.regulations.gov and/or Room                         obtaining an exemption from the rule                  Scott D. Schultz (MN)
                                               W12–140 on the ground level of the                      prohibiting drivers with ITDM from                    Mark W. Seem (IN)


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Document Created: 2018-02-14 03:59:44
Document Modified: 2018-02-14 03:59:44
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of applications for exemption; request for comments.
DatesComments must be received on or before March 16, 2018.
ContactMs. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
FR Citation83 FR 6694 

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