[Federal Register Volume 82, Number 141 (Tuesday, July 25, 2017)]
[Notices]
[Pages 34564-34566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15571]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0020]


Qualification of Drivers; Exemption Applications; Vision

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

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

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SUMMARY: FMCSA announces receipt of applications from 11 individuals 
for 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 August 24, 2017.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2017-0020 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 numbers 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 on-line.
    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

[[Page 34565]]

the Federal Motor Carrier Safety Regulations for a two-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.'' FMCSA can renew exemptions at the end of each 
two-year period.
    The 11 individuals listed in this notice have each requested such 
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

Michael T. Allen

    Mr. Allen, 58, 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, ``It is 
my professional opinion that Michael Allen has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Allen reported that he has driven buses for five years, 
accumulating 312,500 miles. He holds a Class B CDL from Arizona. His 
driving record for the last three years shows no crashes and no 
convictions for moving violations in a CMV.

Robert F. Anneheim

    Mr. Anneheim, 48, has had amblyopia in his right eye since birth. 
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, ``It is 
therefore my opinion that Mr. Anneheim has excellent vision and is able 
to operate any vehicle he choses [sic] to for commercial and personal 
purposes.'' Mr. Anneheim reported that he has driven straight trucks 
for 20 years, accumulating 400,000 miles. He holds an operator's 
license from North Carolina. His driving record for the last three 
years shows no crashes and no convictions for moving violations in a 
CMV.

Ray C. Atkinson

    Mr. Atkinson, 64, has had a retinal detachment in his left eye 
since 2011. The visual acuity in his right eye is 20/20, and in his 
left eye, no light perception. Following an examination in 2017, his 
ophthalmologist stated, ``. . . Mr. Atkinson's vision is sufficient to 
operate a commercial vehicle.'' Mr. Atkinson reported that he has 
driven straight trucks for 47 years, accumulating 2.44 million miles. 
He holds a Class A CDL from Tennessee. His driving record for the last 
three years shows no crashes and no convictions for moving violations 
in a CMV.

Joseph Cuthbert

    Mr. Cuthbert, 56, has had amblyopia in his right eye since birth. 
The visual acuity in his right eye is counting fingers, and in his left 
eye, 20/20. Following an examination in 2016, his optometrist stated, 
``Overall, I feel that Mr. Cuthbert is doing quite well and in my 
medical opinion has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Cuthbert reported that 
he has driven straight trucks for 40 years, accumulating 240,000 miles. 
He holds an operator's license from Pennsylvania. His driving record 
for the last three years shows no crashes and no convictions for moving 
violations in a CMV.

Kent W. Fulp

    Mr. Fulp, 48, has had pars planitis in his right eye since 2008. 
The visual

[[Page 34566]]

acuity in his right eye is 20/50, and in his left eye, 20/20. Following 
an examination in 2017, his ophthalmologist stated, ``Mr. Fulp has 
adequate vision to perform the driving tasks to operate a commercial 
vehicle.'' Mr. Fulp reported that he has driven straight trucks for 30 
years, accumulating 300,000 miles and tractor-trailer combinations for 
30 years, accumulating 300,000 miles. He holds a Class A CDL from North 
Carolina. His driving record for the last three years shows one crash 
and no convictions for moving violations in a CMV.

Edward P. Hutton

    Mr. Hutton, 60, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/20, and in his left eye, 
counting fingers. Following an examination in 2017, his ophthalmologist 
stated, ``His OS is amblyopic and lifelong. If he has performed well as 
a commercial driver in the past, he should continue to do so.'' Mr. 
Hutton reported that he has driven straight trucks for 14 years, 
accumulating 175,000 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.

Stephen McLaren

    Mr. McLaren, 33, 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/
80. Following an examination in 2016, his optometrist stated, ``Based 
on today's examination, it is my opinion that Stephen McLaren's 
refractive amblyopia in the left eye is stable and will not prevent him 
from driving tasks necessary to operate a commercial vehicle.'' Mr. 
McLaren reported that he has driven straight trucks for five years, 
accumulating 36,000 miles. He holds a Class B CDL from Tennessee. His 
driving record for the last three years shows no crashes and no 
convictions for moving violations in a CMV.

Robert E. Richards

    Mr. Richards, 31, has had amblyopia in his right eye since birth. 
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, ``In my 
medical opinion Mr. Richards has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle and his visual 
deficiency is stable.'' Mr. Richards reported that he has driven 
straight trucks for two years, accumulating 50,000 miles, and tractor-
trailer combinations for 11 years, accumulating 880,000 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.

James R. Robinette

    Mr. Robinette, 25, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/200, and in his 
left eye, 20/20. Following an examination in 2017, his optometrist 
stated, ``Based on these findings, Mr. Robinette has sufficient vision 
to operate a commercial vehicle.'' Mr. Robinette reported that he has 
driven straight trucks for four years, accumulating 3,120 miles. He 
holds a Class B CDL from Virginia. His driving record for the last 
three years shows no crashes and no convictions for moving violations 
in a CMV.

James Tucker

    Mr. Tucker, 57, 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, ``It is our opinion that your visual abilities 
are adequate for driving a commercial vehicle.'' Mr. Tucker reported 
that he has driven straight trucks for three years, accumulating 63,000 
miles. He holds a Class A CDL from Tennessee. His driving record for 
the last three years shows no crashes and no convictions for moving 
violations in a CMV.

Alvin White

    Mr. White, 61, has an enucleated left eye due to a traumatic 
incident in childhood. The visual acuity in his right eye is 20/15, and 
in his left eye, no light perception. Following an examination in 2017, 
his optometrist stated, ``It is my opinion that Mr. Alvin White has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. White reported that he has driven straight 
trucks for six years, accumulating 60,000 miles and tractor-trailer 
combinations for six years, accumulating 600 miles. He holds a Class A 
CDL from Tennessee. 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-2017-0020 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 material 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-2017-0020 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: July 18, 2017.
Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2017-15571 Filed 7-24-17; 8:45 am]
 BILLING CODE 4910-EX-P