[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)]
[Notices]
[Pages 2311-2314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00581]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0026]


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 18 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 February 15, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2017-0026 using any of the 
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., 
e.t., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket number(s) for this notice. Note that all comments received will 
be posted without change to http://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading below 
for further information.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, 
except Federal holidays. The FDMS is available 24 hours each day, 365 
days each year. If you want acknowledgment that we received your 
comments, please include a self-addressed, stamped envelope or postcard 
or print the acknowledgement page that appears after submitting 
comments online.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to http://www.regulations.gov, as described in 
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed 
at http://www.dot.gov/privacy.

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

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the FMCSRs for a five-year period if it finds ``such exemption 
would likely achieve a level of safety that is equivalent to or greater 
than the level that would be achieved absent such exemption.'' The 
statute also allows the Agency to renew exemptions at the end of the 
five-year period. FMCSA grants exemptions from the FMCSRs for a two-
year period to align with the maximum duration of a driver's medical 
certification.
    The 18 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,

[[Page 2312]]

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 H. Eheler, II

    Mr. Eheler, 41, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/20, and in his left eye, 20/
300. Following an examination in 2017, his optometrist stated, ``With 
the results of the examination from our office, I believe Michael has 
sufficient visual abilities to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Eheler reported that he has driven 
tractor-trailer combinations for six years, accumulating 350,000 miles. 
He holds an operator's license from Wisconsin. His driving record for 
the last three years shows no crashes and no convictions for moving 
violations in a CMV.

Roberto Espinosa

    Mr. Espinosa, 60, has glaucoma in his left eye due to a traumatic 
incident in childhood. The visual acuity in his right eye is 20/30, and 
in his left eye, 20/200. Following an examination in 2017, his 
ophthalmologist stated, ``I certify, in my medical opinion, the patient 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Espinosa reported that he has driven 
tractor-trailer combinations for 19 years, accumulating 2.1 million 
miles. He holds a Class A CDL from Florida. His driving record for the 
last three years shows no crashes and no convictions for moving 
violations in a CMV.

Lee J. Gaffney

    Mr. Gaffney, 35, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/20, and in his left eye, 20/
70. Following an examination in 2017, his ophthalmologist stated, ``Mr. 
Gaffney does seem to meet sufficient vision standards to perform 
driving tasks to operate a commercial vehicle.'' Mr. Gaffney reported 
that he has driven straight trucks for ten years, accumulating 50,000 
miles. He holds an operator's license from Ohio. His driving record for 
the last three years shows no crashes and no convictions for moving 
violations in a CMV.

Mark S. Hale

    Mr. Hale, 41, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/20, and in his left eye, 20/
200. Following an examination in 2017, his ophthalmologist stated, ``In 
my opinion, he should be allowed to do commercial driving, since his 
field of vision is quite good in both eyes.'' Mr. Hale reported that he 
has driven straight trucks for three years, accumulating 60,000 miles. 
He holds an operator's license from Alabama. His driving record for the 
last three years shows one crash, for which he was not cited, and no 
convictions for moving violations in a CMV.

Raymundo Maldonado

    Mr. Maldonado, 57, has had a macular scar in his left eye since 
2013. The visual acuity in his right eye is 20/25, and in his left eye, 
20/100. Following an examination in 2017, his ophthalmologist stated, 
``I certify Mr. Maldonado has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Maldonado 
reported that he has driven straight trucks for 35 years, accumulating 
350,000 miles, and tractor-trailer combinations for 35 years, 
accumulating 12.25 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.

Mickey D. McCoy

    Mr. McCoy, 46, has had a cataract in his left eye due to a 
traumatic incident in 2005. The visual acuity in his right eye is 20/
20, and in his left eye, hand motion. Following an examination in 2017, 
his ophthalmologist stated, ``The patient is able to recognize the 
colors of a traffic control device in the right eye, and in my medical 
opinion he has sufficient vision to perform the driving tasks required 
to operate a commercial vehicle and his exam results today validate 
that conclusion.'' Mr. McCoy reported that he has driven straight 
trucks for ten years, accumulating 125,000 miles and tractor-trailer 
combinations for 14 years, accumulating 389,746 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.

Colin D. McGregor

    Mr. McGregor, 35, 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 optometrist stated, ``With 20/20 vision and a 
full field vision of 160 degrees in his right eye, I feel Colin can 
safely perform the tasks necessary to operate a commercial motor 
vehicle.'' Mr. McGregor reported that he has driven straight trucks for 
nine years, accumulating 70,200 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.

Thomas B. Miller

    Mr. Miller, 60, has a retinal detachment in his left eye due to a 
traumatic incident in 1997. The visual acuity in his right eye is 20/
20, and in his left eye, count fingers. Following an examination in 
2017, his optometrist stated, ``He appears to have adequate vision to 
operate a commercial vehicle.'' Mr. Miller reported that he has driven 
straight trucks for 41 years, accumulating 820,000 miles. He holds an 
operator's license from Virginia. His driving record for the last three 
years shows no crashes and no convictions for moving violations in a 
CMV.

[[Page 2313]]

Ryan J. Plank

    Mr. Plank, 42, has a retinal detachment 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, 20/20. Following an 
examination in 2017, his optometrist stated, ``I have never driven a 
commercial vehicle myself however in my opinion Mr. Plank has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle based on his driving history and meeting the 
requirements you have listed.'' Mr. Plank reported that he has driven 
straight trucks for four years, accumulating 20,000 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.

Donald J. Poague

    Mr. Poague, 47, has had central scarring in his right eye since 
2011. 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, 
``Taking into consideration the fact that Mr. Poague has operated 
commercial vehicles without any incidences since the vascular event in 
his right eye, and the fact that he has good peripheral vision in both 
eyes, as well as uncorrected acuity of 20/20 in the left eye, it is my 
opinion that he can safely operate vehicles requiring a commercial 
drivers [sic] license.'' Mr. Poague reported that he has driven 
straight trucks for 25 years, accumulating 2 million miles, and 
tractor-trailer combinations for 25 years, accumulating 2 million 
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.

Jose R. Ponce

    Mr. Ponce, 37, has a retinal detachment in his right eye due to a 
traumatic incident in 2001. The visual acuity in his right eye is 20/
40, and in his left eye, 20/20. Following an examination in 2017, his 
optometrist stated, ``Thus, in my opinion, Mr. Ponce does have 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle based on these results and your exemption 
requirements.'' Mr. Ponce reported that he has driven straight trucks 
for six years, accumulating 150,000 miles. He holds an operator's 
license from Texas. His driving record for the last three years shows 
no crashes and no convictions for moving violations in a CMV.

Ronald F. Prezzia

    Mr. Prezzia, 62, has aphakia in his right eye due to a traumatic 
incident in 2014. The visual acuity in his right eye is 20/70, and in 
his left eye, 20/40. Following an examination in 2017, his 
ophthalmologist stated, ``It is in my medical opinion that Mr. Prezzia 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Prezzia reported that he has driven 
straight trucks for 35 years, accumulating 2.62 million 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.

Jorge A. Rodriguez

    Mr. Rodriguez, 65, has complete loss of vision in his right eye due 
to a traumatic incident in 2001. The visual acuity in his right eye is 
no light perception, and in his left eye, 20/20. Following an 
examination in 2017, his optometrist stated, ``I believe Mr. Rodriguez 
has sufficient vision in [sic] left eye to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Rodriguez reported that 
he has driven straight trucks for 37 years, accumulating 1.29 million 
miles and tractor-trailer combinations for nine years, accumulating 
405,000 miles. He holds a Class AM1 CDL from California. His driving 
record for the last three years shows no crashes and no convictions for 
moving violations in a CMV.

Jimmy W. Rowland

    Mr. Rowland, 50, has retinal scarring in his right eye since 1994. 
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, 
``In my medical opinion, Mr. Rowland has sufficient vision to perform 
the driving tasks to operate a commercial vehicle.'' Mr. Rowland 
reported that he has driven straight trucks for 15 years, accumulating 
525,000 miles. He holds a Class A CDL from Florida. His driving record 
for the last three years shows no crashes and two convictions for 
moving violations in a CMV; in both incidents he exceeded the speed 
limit by nine mph.

Aaron R. Rupe

    Mr. Rupe, 43, has had a macular scar in his left eye since 1992. 
The visual acuity in his right eye is 20/20, and in his left eye, 20/
70. Following an examination in 2017, his optometrist stated, ``In my 
medical opinion Aaron Rupe has sufficient vision to operate a 
commercial motor vehicle.'' Mr. Rupe reported that he has driven 
straight trucks for 17 years, accumulating 170,000 miles. He holds an 
operator's license from Illinois. His driving record for the last three 
years shows no crashes and no convictions for moving violations in a 
CMV.

Charles L. Sauls

    Mr. Sauls, 50, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is count fingers, and in his left 
eye, 20/30. Following an examination in 2017, his optometrist stated, 
``I, Alan F. Swinehart OD, certify in my medical opinion that Charles 
L. Sauls has sufficient vision to perform driving tasks required to 
operate a commercial vehicle.'' Mr. Sauls reported that he has driven 
straight trucks for 15 years, accumulating 450,000 miles, and tractor-
trailer combinations for ten years, accumulating 350,000 miles. He 
holds a Class A CDL from Florida. His driving record for the last three 
years shows no crashes and no convictions for moving violations in a 
CMV.

Gary M. Shoultz

    Mr. Shoultz, 65, 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, 
``It is my opinion that Gary possesses sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Shoultz 
reported that he has driven straight trucks for four years, 
accumulating 164,000 miles. He holds an operator's license from 
Indiana. His driving record for the last three years shows no crashes 
and no convictions for moving violations in a CMV.

Juan D. Zertuche, Jr.

    Mr. Zertuche, 42, has had complete loss of vision in his right eye 
since birth. The visual acuity in his right eye is no light perception, 
and in his left eye, 20/25. Following an examination in 2017, his 
ophthalmologist stated, ``In my medical opinion, vision is sufficient 
to perform driving tasks required to operate a commercial vehicle.'' 
Mr. Zertuche reported that he has driven straight trucks for five 
years, accumulating 50,000 miles, and tractor-trailer combinations for 
five years, accumulating 500,000 miles. He holds a Class A CDL from 
Texas. His driving record for the last three years shows no crashes and 
one conviction for a moving violation in a CMV; he exceeded the speed 
limit by 11 mph.

[[Page 2314]]

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-2017-0026 and click 
the search button. When the new screen appears, click on the blue 
``Comment Now!'' button on the right hand side of the page. On the new 
page, enter information required including the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. If you submit your comments by mail or 
hand delivery, submit them in an unbound format, no larger than 8\1/2\ 
by 11 inches, suitable for copying and electronic filing. If you submit 
comments by mail and would like to know that they reached the facility, 
please enclose a stamped, self-addressed postcard or envelope.
    We will consider all comments and materials received during the 
comment period. FMCSA may issue a final determination at any time after 
the close of the comment period.

V. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble, go to http://www.regulations.gov and in the search box insert 
the docket number FMCSA-2017-0026 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: January 5, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-00581 Filed 1-12-18; 8:45 am]
 BILLING CODE 4910-EX-P