[Federal Register Volume 82, Number 143 (Thursday, July 27, 2017)]
[Notices]
[Pages 35043-35045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15842]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0019]


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 12 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 28, 2017.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2017-0019 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 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 12 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

[[Page 35044]]

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

Thomas A. Barber

    Mr. Barber, 43, 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/
15. Following an examination in 2017, his optometrist stated, ``Since 
Mr. Barber is well adapted to his condition and has been a commercial 
truck driver for many years, I feel he is safe to continue driving and 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Barber reported that he has driven tractor-
trailer combinations for 15 years, accumulating 1.87 million miles. He 
holds a Class A CDL from North Carolina. His driving record for the 
last three years shows no crashes and no convictions for moving 
violations in a CMV.

Nazar B. Bihun

    Mr. Bihun, 30, has optic nerve pallor in his right eye due to a 
traumatic incident in 2011. The visual acuity in his right eye is no 
light perception, and in his left eye, 20/20. Following an examination 
in 2016, his optometrist stated, ``His visual deficiency is stable and 
in my medical opinion he does have sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Bihun 
reported that he has driven straight trucks for eight years, 
accumulating 360,000 miles, and tractor-trailer combinations for five 
years, accumulating 25,000 miles. He holds a Class B CDL from 
Pennsylvania. His driving record for the last three years shows no 
crashes and no convictions for moving violations in a CMV.

Patrick J. Conner

    Mr. Conner, 45, has chorioretinal scarring in his left eye due to a 
traumatic incident in 2014. The visual acuity in his right eye is 20/
15, and in his left eye, count fingers. Following an examination in 
2017, his optometrist stated, ``It is my opinion that Patrick Conner 
has vision that is safe to operate a commercial vehicle.'' Mr. Conner 
reported that he has driven straight trucks for 11 years, accumulating 
165,000 miles. He holds a Class B CDL from Oklahoma. His driving record 
for the last three years shows no crashes and no convictions for moving 
violations in a CMV.

Jay D. Diebel

    Mr. Diebel, 58, 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/
400. Following an examination in 2017, his ophthalmologist stated, 
``This patient has no restrictions to operate a commercial vehicle 
based on his ocular testing.'' Mr. Diebel reported that he has driven 
straight trucks for 17 years, accumulating 255,000 miles. He holds a 
Class CA CDL from Michigan. His driving record for the last three years 
shows no crashes and no convictions for moving violations in a CMV.

Danny G. Goodman, Jr.

    Mr. Goodman, 44, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/150, and in his 
left eye, 20/20. Following an examination in 2017, his optometrist 
stated, ``He appears to have sufficient vision to operate a commercial 
vehicle.'' Mr. Goodman reported that he has driven straight trucks for 
12 years, accumulating 60,000 miles, and tractor-trailer combinations 
for seven years, accumulating 135,000 miles. He holds a Class A CDL 
from Texas. His driving record for the last three years shows no 
crashes and no convictions for moving violations in a CMV.

Randy N. Grandfield

    Mr. Grandfield, 59, 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, ``It is my opinion that Mr. Grandfield's vision should not 
prevent him from operating a commercial vehicle.'' Mr. Grandfield 
reported that he has driven straight trucks for 35 years, accumulating 
560,000 miles. He holds a Class A CDL from Vermont. His driving record 
for the last three years shows one crash, to which he did contribute 
but was not cited, and no convictions for moving violations in a CMV.

Edgar A. Ideler

    Mr. Ideler, 60, has had complete loss of vision in his right eye 
since 2014. 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, ``Does this person have sufficient vision to 
operate a commercial motor vehicle safely: Yes.'' Mr. Ideler reported 
that he has driven straight trucks for 39 years, accumulating 780,000 
miles, and

[[Page 35045]]

tractor-trailer combinations for 39 years, accumulating 780,000 miles. 
He holds a Class AM CDL from Illinois. His driving record for the last 
three years shows no crashes and no convictions for moving violations 
in a CMV.

Dennis R. Jones

    Mr. Jones, 55, has aphakia in his left eye due to a traumatic 
incident in 2007. The visual acuity in his right eye is 20/15, and in 
his left eye, 20/150. Following an examination in 2017, his 
ophthalmologist stated, ``In my medical opinion Mr. Jones has 
sufficient vision to perform to perform [sic] the driving tasks 
required to operate a commercial vehicle as defined by requirements 
found in Federal Register Vol. 78, No. 243 page 76591, (6)-(9).'' Mr. 
Jones reported that he has driven straight trucks for six years, 
accumulating 300,000 miles, and tractor-trailer combinations for seven 
years, accumulating 350,000 miles. He holds a Class A CDL from Texas. 
His driving record for the last three years shows no crashes and no 
convictions for moving violations in a CMV.

Rufus L. Jones

    Mr. Jones, 59, has a retinal scar in his right eye due to a 
traumatic incident in childhood. The visual acuity in his right eye is 
20/80, and in his left eye, 20/20. Following an examination in 2016, 
his ophthalmologist stated, ``In my opinion, he has sufficient vision 
to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Jones reported that he has driven straight trucks for 
four years, accumulating 144,000 miles, and buses for seven years, 
accumulating 700,000 miles. He holds a Class B CDL from New Jersey. His 
driving record for the last three years shows one crash and no 
convictions for moving violations in a CMV.

Derek J. Savko

    Mr. Savko, 35, has optic nerve atrophy 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, no light perception. Following an 
examination in 2016, his ophthalmologist stated, ``It is my opinion 
that he has sufficient vision in the right eye to perform his driving 
tasks as required to operate a commercial vehicle.'' Mr. Savko reported 
that he has driven straight trucks for 13 years, accumulating 162,500 
miles. He holds a Class B CDL from Montana. His driving record for the 
last three years shows no crashes and no convictions for moving 
violations in a CMV.

John J. Tilton

    Mr. Tilton, 47, has a prosthetic right eye due to a traumatic 
incident in 1986. 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, ``In my medical opinion, John's 
visual acuity, Visual Field [sic], and color vision show that he can 
continue to perform driving tasks required to operate a commercial 
vehicle.'' Mr. Tilton reported that he has driven straight trucks for 
three years, accumulating 25,000 miles. He holds a Class B CDL from New 
Hampshire. His driving record for the last three years shows no crashes 
and no convictions for moving violations in a CMV.

Randy D. VanScoy

    Mr. VanScoy, 60, has had amblyopia in his left eye since birth. The 
visual acuity in his right eye is 20/20, and in his left eye, 20/200. 
Following an examination in 2017, his optometrist stated, ``Diagnosis 
congenital amblyopia. This patient meets the requirements to drive a 
commercial vehicle. He shows no deficit in his visual field.'' Mr. 
VanScoy reported that he has driven tractor-trailer combinations for 42 
years, accumulating 3.1 million miles. He holds a Class A CDL from 
Iowa. 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-2017-0019 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-2017-0019 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: July 19, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-15842 Filed 7-26-17; 8:45 am]
 BILLING CODE 4910-EX-P