[Federal Register Volume 82, Number 153 (Thursday, August 10, 2017)]
[Notices]
[Pages 37504-37508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16861]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0022]


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 22 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 September 11, 2017.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2017-0022 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

[[Page 37505]]

acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement 
page that appears after submitting comments online.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to http://www.regulations.gov, as described in 
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed 
at http://www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, (202) 366-4001, [email protected], FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, 
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t., 
Monday through Friday, except Federal holidays. If you have questions 
regarding viewing or submitting material to the docket, contact Docket 
Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the FMCSRs for a 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.'' The 
statute also allows the Agency to renew exemptions at the end of the 
two-year period.
    The 22 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

Eddie S. Bennett

    Mr. Bennett, 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/
100. Following an examination in 2017, his ophthalmologist stated, ``In 
my medical opinion, Mr. Bennett has sufficient vision to operate a 
commercial vehicle.'' Mr. Bennett reported that he has driven straight 
trucks for 29 years, accumulating 348,000 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.

Ray M. Bliss

    Mr. Bliss, 56, 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 my medical opinion that Ray has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Bliss reported that he has driven straight 
trucks for 34 years, accumulating 442,000 miles. He holds a Class B CDL 
from Minnesota. His driving record for the last three years shows no 
crashes and no convictions for moving violations in a CMV.

Gary S. Boryk

    Mr. Boryk, 61, 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, ``. . . 
Mr. Boryk meets the visual requirements for operating a commercial 
vehicle . . .'' Mr. Boryk reported that he has driven buses for 16 
years,

[[Page 37506]]

accumulating 960,000 miles. He holds a Class BM CDL from Virginia. His 
driving record for the last three years shows no crashes and no 
convictions for moving violations in a CMV.

Jonathan E. Burt

    Mr. Burt, 29, 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, 
``Jonathan has sufficient vision to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Burt reported that he has driven 
straight trucks for three years, accumulating 30,000 miles, and 
tractor-trailer combinations for seven years, accumulating 525,000 
miles. He holds a Class A CDL from Vermont. His driving record for the 
last three years shows no crashes and no convictions for moving 
violations in a CMV.

David A. Cooper

    Mr. Cooper, 50, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/15, and in his left eye, 20/
70. Following an examination in 2017, his optometrist stated, ``The 
patient, David Cooper, has sufficient vision to operate a commercial 
vehicle.'' Mr. Cooper reported that he has driven straight trucks for 
11 years, accumulating 6,600 miles. He holds an operator's license from 
West Virginia. His driving record for the last three years shows no 
crashes and no convictions for moving violations in a CMV.

Nicholas M. Deschepper

    Mr. Deschepper, 31, 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, 
``My understanding of a CDL license is that it requires 20/30 visual 
acuity or better of at least one eye with normal color vision and 
peripheral vision. It is my opinion that Nick passes all of these 
requirements and is safe to operate with a CDL license.'' Mr. 
Deschepper reported that he has driven tractor-trailer combinations for 
eight years, accumulating 720,000 miles. He holds a Class A3 CDL from 
South Dakota. His driving record for the last three years shows no 
crashes and no convictions for moving violations in a CMV.

Frank J. Devitz

    Mr. Devitz, 34, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is 20/50, and in his left eye, 20/
20. Following an examination in 2017, his optometrist stated, ``In my 
opinion, Mr. Devitz has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle, especially since he has been 
doing so for so many years.'' Mr. Devitz reported that he has driven 
tractor-trailer combinations for 12 years, accumulating 780,000 miles. 
He holds a Class A CDL from Pennsylvania. His driving record for the 
last three years shows no crashes and no convictions for moving 
violations in a CMV.

John F. Ferguson, Jr.

    Mr. Ferguson, 55, has a scotoma in his right eye due to a traumatic 
incident during birth. The visual acuity in his right eye is 20/300, 
and in his left eye, 20/20. Following an examination in 2017, his 
optometrist stated, ``In my opinion, John has a sufficient visual 
acuity and visual field to operate a commercial vehicle.'' Mr. Ferguson 
reported that he has driven straight trucks for five years, 
accumulating 390,000 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.

Dominick P. Fittipaldi

    Mr. Fittipaldi, 37, has complete loss of vision 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 2017, his ophthalmologist stated, ``In my medical 
opinion, Mr. Fittipaldi has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Fittipaldi 
reported that he has driven straight trucks for 21 years, accumulating 
210,000 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.

Alvin H. Horgdal

    Mr. Horgdal, 68, has had amblyopia in his right eye since birth. 
The visual acuity in his right eye is 20/400, and in his left eye, 20/
30. Following an examination in 2017, his optometrist stated, ``. . . I 
feel he has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Horgdal reported that he has driven 
straight trucks for 26 years, accumulating 1.5 million miles. He holds 
a Class B CDL from Iowa. His driving record for the last three years 
shows no crashes and no convictions for moving violations in a CMV.

Louis R. LeMonds, Jr.

    Mr. LeMonds, 53, has a phthisis bulbi in his right eye due to a 
traumatic incident in 2008. The visual acuity in his right eye is hand 
motion, and in his left eye, 20/20. Following an examination in 2017, 
his ophthalmologist stated, ``My medical opinion is that he has 
sufficient vision to operate a commercial vehicle without difficulty.'' 
Mr. LeMonds reported that he has driven tractor-trailer combinations 
for 34 years, accumulating two million miles. He holds a Class A CDL 
from Washington. His driving record for the last three years shows no 
crashes and no convictions for moving violations in a CMV.

Jonathan Marin

    Mr. Marin, 26, 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, ``Mr. 
Marin's left eye has sufficient visual acuity, color vision and visual 
field as required for commercial driving.'' Mr. Marin reported that he 
has driven straight trucks for three years, accumulating 1,500 miles. 
He holds an operator's license from New Jersey. His driving record for 
the last three years shows no crashes and no convictions for moving 
violations in a CMV.

Mark E. McNaughton

    Mr. McNaughton, 53, has had complete loss of vision in his right 
eye since 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, ``He has no deficiencies in color 
vision, and I feel he has sufficient vision to perform driving tasks 
required for a commercial vehicle.'' Mr. McNaughton reported that he 
has driven straight trucks for 30 years, accumulating 900,000 miles. He 
holds a Class B CDL from Iowa. His driving record for the last three 
years shows no crashes and no convictions for moving violations in a 
CMV.

Louis Neofotistos

    Mr. Neofotistos, 55, has a macular scar in his right eye due to a 
traumatic incident in childhood. The visual acuity in his right eye is 
counting fingers, and in his left eye, 20/25. Following an examination 
in 2017, his optometrist stated, ``In my medical opinion, Louis has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Neofotistos reported that he has driven 
straight trucks for 38 years, accumulating 45,600 miles. He holds a 
Class BM CDL from

[[Page 37507]]

Massachusetts. His driving record for the last three years shows no 
crashes and no convictions for moving violations in a CMV.

Josue M. Rodriguez-Espinoza

    Mr. Rodriguez-Espinoza, 25, has had amblyopia in his right eye 
since childhood. The visual acuity in his right eye is counting 
fingers, and in his left eye, 20/20. Following an examination in 2017, 
his ophthalmologist stated, ``I feel that Mr. Rodriguez would have no 
problems performing the tasks required to appropriately operate a 
commercial vehicle despite the poor vision in his right eye.'' Mr. 
Rodriguez-Espinoza reported that he has driven straight trucks for 
eight years, accumulating 80,000 miles. He holds an operator's license 
from California. His driving record for the last three years shows no 
crashes and no convictions for moving violations in a CMV.

James R. Rupert

    Mr. Rupert, 54, has had a central retinal vein occlusion in his 
right eye since 2012. The visual acuity in his right eye is 20/200, and 
in his left eye, 20/20. Following an examination in 2017, his 
ophthalmologist stated, ``In my medical opinion James has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Rupert reported that he has driven straight trucks for 
37 years, accumulating 1.33 million miles, and tractor-trailer 
combinations for 35 years, accumulating 175,000 miles. He holds an 
operator's license from California. His driving record for the last 
three years shows no crashes and no convictions for moving violations 
in a CMV.

Christopher J. Schmidt

    Mr. Schmidt, 31, 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, ``In my medical opinion, he has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Schmidt reported that he has driven straight trucks for four years, 
accumulating 25,000 miles, and tractor-trailer combinations for four 
years, accumulating 25,000 miles. He holds a Class ABCD CDL from 
Wisconsin. His driving record for the last three years shows no crashes 
and no convictions for moving violations in a CMV.

Brandon L. Siebe

    Mr. Siebe, 45, has complete loss of vision in his right eye due to 
a traumatic incident in childhood. The visual acuity in his right eye 
is no light perception, and in his left eye, 20/15. Following an 
examination in 2016, his optometrist stated, ``He has a nearsighted 
left eye that corrects to 20/15, and he has sufficient vision to 
perform the driving test required to operate a commercial vehicle.'' 
Mr. Siebe reported that he has driven straight trucks for 19 years, 
accumulating 285,000 miles. He holds an operator's license from 
Kentucky. His driving record for the last three years shows one crash 
and no convictions for moving violations in a CMV.

Greg C. Stilson

    Mr. Stilson, 54, has had amblyopia in his right eye since birth. 
The visual acuity in his right eye is 20/70, and in his left eye, 20/
20. Following an examination in 2017, his optometrist stated, ``He is 
also able to recognize color and in my opinion is safe to operate a 
commercial vehicle over interstate lines. Even though he is amblyopic 
OD his peripheral awareness is normal on his right side.'' Mr. Stilson 
reported that he has driven straight trucks for five years, 
accumulating 125,000 miles, and tractor-trailer combinations for 32 
years, accumulating four million miles. He holds a Class AM CDL from 
Wyoming. His driving record for the last three years shows no crashes 
and no convictions for moving violations in a CMV.

Paul M. Wooton

    Mr. Wooton, 39, has a macular scar 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, 20/200. Following an examination in 2017, 
his ophthalmologist stated, ``In my opinion, this individual has 
sufficient vision to perform the driving tasks required to operate 
commercial vehicles.'' Mr. Wooton reported that he has driven straight 
trucks for six years, accumulating 270,000 miles, and tractor-trailer 
combinations for four years, accumulating 420,000 miles. He holds a 
Class DA CDL from Kentucky. His driving record for the last three years 
shows no crashes and no convictions for moving violations in a CMV.

Willie C. Young

    Mr. Young, 58, has fibrosis 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, counting fingers. Following an examination in 2017, 
his optometrist stated, ``It is my opinion that Mr. Willie Young has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Young reported that he has driven tractor-
trailer combinations for 17 years, accumulating 1.19 million miles. He 
holds a Class A CDL from Texas. His driving record for the last three 
years shows no crashes and no convictions for moving violations in a 
CMV.

Eloy Zuniga

    Mr. Zuniga, 41, has retinal scarring in his left eye due to a 
traumatic incident in 1994. The visual acuity in his right eye is 20/
20, and in his left eye, 20/150. Following an examination in 2016, his 
optometrist stated, ``In my opinion Mr. Zuniga has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Zuniga reported that he has driven 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.

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-2017-0022 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

[[Page 37508]]

facility, please enclose a stamped, self-addressed postcard or 
envelope.
    We will consider all comments and materials received during the 
comment period. FMCSA may issue a final determination at any time after 
the close of the comment period.

V. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble, go to http://www.regulations.gov and in the search box insert 
the docket number FMCSA-2017-0022 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: August 3, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-16861 Filed 8-9-17; 8:45 am]
BILLING CODE 4910-EX-P