[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Notices]
[Pages 6681-6685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03034]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0028]


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 23 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.

[[Page 6682]]


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-2017-0028 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 23 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

[[Page 6683]]

the first two years with their experiences in the final year.

II. Qualifications of Applicants

Michael W. Belknap

    Mr. Belknap, 52, has had amblyopia in his right eye since birth. 
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, ``Based 
upon my examination and with due regard for public safety, it is my 
decision that Mr. Belknap's eyesight is sufficient to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Belknap 
reported that he has driven straight trucks for 35 years, accumulating 
525,000 miles, and tractor-trailer combinations for 35 years, 
accumulating 262,500 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.

Scott M. Cavanaugh

    Mr. Cavanaugh, 33, has had nystagmus in his left eye since birth. 
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, 
``Therefore, it is my opinion that Scott has sufficient vision to 
perform the driving tasks required to operate a commercial motor 
vehicle.'' Mr. Cavanaugh reported that he has driven straight trucks 
for 12 years, accumulating 108,000 miles. He holds an operator's 
license from Oklahoma. His driving record for the last three years 
shows no crashes and no convictions for moving violations in a CMV.

James M. Ferry

    Mr. Ferry, 52, has a retinal detachment in his right eye due to a 
traumatic incident in 1991. 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, ``In summary, it is my opinion that Mr. James Ferry 
meets the tasks required to operate a commercial vehicle.'' Mr. Ferry 
reported that he has driven straight trucks for 33 years, accumulating 
825,000 miles, and tractor-trailer combinations for 31 years, 
accumulating 2.17 million miles. He holds a Class A CDL from Ohio. His 
driving record for the last three years shows no crashes and no 
convictions for moving violations in a CMV.

Jacob A. Hehr

    Mr. Hehr, 27, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/20, and in his left eye, count 
fingers. Following an examination in 2017, his ophthalmologist stated, 
``Vision is sufficient to operate a commercial vehicle per Sheridan 
Lam, MD.'' Mr. Hehr reported that he has driven straight trucks for 
eight years, accumulating 108,000 miles, and tractor-trailer 
combinations for three years, accumulating 36,000 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.

Mike B. Houston

    Mr. Houston, 42, has a corneal scar in his right eye due to a 
traumatic incident in childhood. The visual acuity in his right eye is 
20/400, and in his left eye, 20/20. Following an examination in 2017, 
his ophthalmologist stated, ``Despite the fact Mr. Houston has a 
corneal scar in his right eye, in my medical opinion he has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Houston reported that he has driven straight trucks for 
ten years, accumulating 400,000 miles, and tractor-trailer combinations 
for ten years, accumulating 400,000 miles. He holds a Class A CDL from 
Oregon. His driving record for the last three years shows no crashes 
and no convictions for moving violations in a CMV.

Marvin R. Knecht

    Mr. Knecht, 67, 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/
50. Following an examination in 2017, his optometrist stated, ``Marvin 
has adequate vision to pass the commercial driving standards.'' Mr. 
Knecht reported that he has driven straight trucks for 50 years, 
accumulating 525,000 miles, and tractor-trailer combinations for 45 
years, accumulating 3.6 million miles. He holds a Class A CDL from 
North Dakota. His driving record for the last three years shows no 
crashes and one conviction for speeding in a CMV; he exceeded the speed 
limit by 20 mph.

Paul H. Knott

    Mr. Knott, 51, has complete loss of vision in his left eye due to a 
traumatic incident in 1987. 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, ``In my professional opinion, 
considering the longevity of his driving career, the longstanding, 
stable nature of his eye condition, and his ability to meet the 
requirements for CDL licensure, I also believe Mr. Scott is capable of 
safely and properly operating his vehicle(s).'' Mr. Knott reported that 
he has driven straight trucks for 30 years, accumulating 900,000 miles. 
He holds an operator's license from North Dakota. His driving record 
for the last three years shows no crashes and no convictions for moving 
violations in a CMV.

Randolph W. Lewis

    Mr. Lewis, 55, has had amblyopia in his left eye since birth. The 
visual acuity in his right eye is 20/15, and in his left eye, 20/60. 
Following an examination in 2017, his optometrist stated, ``In my 
opinion these findings demonstrate that the patient has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Lewis reported that he has driven straight trucks for 
four years, accumulating 80,000 miles, and tractor-trailer combinations 
for 29 years, accumulating 1.45 million 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.

John M. Moore

    Mr. Moore, 51, has complete loss of vision in his right eye due to 
melanoma. 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 sufficient vision to perform his 
driving task under a commercial vehicle.'' Mr. Moore reported that he 
has driven straight trucks for 25 years, accumulating 500,000 miles, 
and tractor-trailer combinations for 25 years, accumulating 2 million 
miles. He holds an operator's license from Louisiana. His driving 
record for the last three years shows no crashes and no convictions for 
moving violations in a CMV.

Martin Munoz

    Mr. Munoz, 45, 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, ``I 
certify that in my opinion, Mr. Munoz has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. Munoz 
reported that he has driven straight trucks for seven years, 
accumulating 94,500 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.

[[Page 6684]]

Edwin Quiles

    Mr. Quiles, 58, has retinal scarring in his left eye due to a 
traumatic incident in 1977. The visual acuity in his right eye is 20/
20, and in his left eye, 20/250. Following an examination in 2017, his 
optometrist stated, ``It is my opinion that Mr. Quiles has adequate 
vision to operate a commercial vehicle.'' Mr. Quiles reported that he 
has driven straight trucks for five years, accumulating 75,000 miles, 
and tractor-trailer combinations for 35 years, accumulating 2.9 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.

Vernon L. Reed

    Mr. Reed, 61, has had a branch retinal vein occlusion in his left 
eye since 2014. The visual acuity in his right eye is 20/20, and in his 
left eye, 20/80. Following an examination in 2017, his ophthalmologist 
stated, ``I believe that Vernon Reed has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. Reed 
reported that he has driven straight trucks for 12 years, accumulating 
192,000 miles, and tractor-trailer combinations for 36 years, 
accumulating 3.6 million miles. He holds a Class A CDL from Oregon. His 
driving record for the last three years shows no crashes and no 
convictions for moving violations in a CMV.

Joshua A. Rhynd

    Mr. Rhynd, 27, 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 optometrist stated, ``He does 
have sufficient vision to perform the commercial driving tasks 
required.'' Mr. Rhynd reported that he has driven straight trucks for 
four years, accumulating 520,000 miles, and tractor-trailer 
combinations for five years, accumulating 1.12 million 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.

Douglass L. Riddell

    Mr. Riddell, 62, 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, ``This letter 
certifies that Douglas L. Riddell in my medical opinion has sufficient 
vision to perform the driving tasks required to safely operate a 
commercial vehicle.'' Mr. Riddell reported that he has driven straight 
trucks for 30 years, accumulating 540,000 miles, and tractor-trailer 
combinations for 15 years, accumulating 120,000 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.

Michael C. Stevelman

    Mr. Stevelman, 25, 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, 
``In my medical opinion, the patient has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Stevelman reported that he has driven straight trucks for seven years, 
accumulating 105,000 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.

Sedrick Straughter

    Mr. Straughter, 45, has had amblyopia in his left eye since 
childhood. The visual acuity in his right eye is 20/20, and in his left 
eye, 20/60. Following an examination in 2017, his ophthalmologist 
stated, ``This is to certify that, in my medical opinion, Mr. 
Straughter has sufficient vision to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Straughter reported that he has 
driven tractor-trailer combinations for ten years, accumulating 1 
million miles. He holds a Class A CDL from Illinois. His driving record 
for the last three years shows no crashes and no convictions for moving 
violations in a CMV.

Michael Talley

    Mr. Talley, 51, has a chorioretinal 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, ``DR [SIC] LANKA HEREBY TESTIFIES THAT IN 
HIS MEDICAL OPINION, MR. TALLEY HAS THE SUFFICIENT VISION TO PERFORM 
THE DRIVING TASKS REQUIRED TO OPERATE A COMMERCIAL VEHICLE.'' Mr. 
Talley reported that he has driven tractor-trailer combinations for 30 
years, accumulating 2.1 million miles. He holds a Class A CDL from 
Oklahoma. His driving record for the last three years shows no crashes 
and no convictions for moving violations in a CMV.

Edward G. Thurston, III

    Mr. Thurston, 53, has had a macular scar in his right eye since 
2004. 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, 
``Eddie has sufficient vision for operating a commercial vehicle.'' Mr. 
Thurston reported that he has driven tractor-trailer combinations for 
18 years, accumulating 1.3 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.

Gerald A. Vaughn

    Mr. Vaughn, 59, has had a retinal scar in his right eye since 2004. 
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, ``Gerald 
Vaughn has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Vaughn reported that he has driven 
straight trucks for ten years, accumulating 100,000 miles, and tractor-
trailer combinations for 15 years, accumulating 2.25 million miles. He 
holds a Class A CDL from Ohio. His driving record for the last three 
years shows no crashes and no convictions for moving violations in a 
CMV.

John Henry R. Viljoen

    Mr. Viljoen, 38, 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, ``According the [sic] visual acuity and his 
peripheral vision and his color perception, it appears he has 
sufficient visual function to operate a commercial vehicle.'' Mr. 
Viljoen reported that he has driven straight trucks for five years, 
accumulating 100,000 miles. He holds an operator's license from North 
Dakota. His driving record for the last three years shows no crashes 
and no convictions for moving violations in a CMV.

Kenneth E. Wheland

    Mr. Wheland, 56, has had a retinal detachment in his left eye since 
2014. The visual acuity in his right eye is 20/20, and in his left eye, 
20/125. Following an examination in 2017, his optometrist stated, ``In 
my opinion, Mr. Wheland retains vision sufficient to operate a 
commercial vehicle.'' Mr. Wheland reported that he has driven straight 
trucks for 18 years, accumulating 5.4 million miles, tractor-trailer 
combinations for 22 years, accumulating 12.1 million miles, and

[[Page 6685]]

buses for 18 years, accumulating 6.3 million 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.

Richard E. Wixom

    Mr. Wixom, 56, has a retinal detachment in his right eye due to a 
traumatic incident in 2015. 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, ``I certify that Richard has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Wixom reported that he has driven tractor-trailer combinations for 
15 years, accumulating 2.25 million 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.

Mohammad J. Yousufzai

    Mr. Yousufzai, 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, 20/50. Following an examination in 2017, his optometrist stated, 
``In my medical opinion, Mr. Yousufzai has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Yousufzai reported that he has driven straight trucks for three years, 
accumulating 36,780 miles. He holds a Class A CDL from New Jersey. 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-2017-0028 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-2017-0028 and click ``Search.'' 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. 2018-03034 Filed 2-13-18; 8:45 am]
 BILLING CODE 4910-EX-P