[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Notices]
[Pages 6694-6697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03064]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0006]


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 11 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 March 16, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2018-0006 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,

[[Page 6695]]

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 11 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

Russell A. Anklam

    Mr. Anklam, 52, 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/
200. Following an examination in 2017, his optometrist stated, ``Based 
on Mr. Anklam's good peripheral vision in each eye and his exceptional 
driving record, I feel he is more than qualified to operate a 
commercial vehicle.'' Mr. Anklam reported that he has driven straight 
trucks for 30 years, accumulating 3.6 million miles, tractor-trailer 
combinations for 15 years, accumulating 1.2 million miles, and buses 
for five years, accumulating 250,000 miles. He holds a Class ABCDM CDL 
from Wisconsin. His driving record for the last three years shows no 
crashes and no convictions for moving violations in a CMV.

Rodney P. Barfield

    Mr. Barfield, 50, has a prosthetic 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 ophthalmologist stated, ``It is my opinion that Rodney 
Barfield has sufficient vision to operate a commercial motor vehicle 
safely, there should be no restrictions imposed.'' Mr. Barfield 
reported that he has driven straight trucks for seven years, 
accumulating 315,000 miles, and tractor-trailer combinations for 19 
years, accumulating 2,660,000 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.

Kenneth W. Blake, Jr.

    Mr. Blake, 60, has had central serous chorioretinopathy in his left 
eye since August 2014. The visual acuity in his right eye is 20/20, and 
in his left eye, 20/100. Following an examination in 2017, his 
optometrist stated, ``In my medical opinion, he has sufficient vision 
to operate a commercial vehicle.'' Mr. Blake reported that he has 
driven straight trucks for 18 years, accumulating 180,000 miles. He 
holds a Class B CDL from Kansas. His driving record for the last three 
years shows no crashes and no convictions for moving violations in a 
CMV.

[[Page 6696]]

Efrain R. Cisneros

    Mr. Cisneros, 54, has aphakia 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, 20/400. Following an examination in 2017, his 
optometrist stated, ``Excellent vision in the right eye, able to 
perform driving tasks of a commercial vehicle.'' Mr. Cisneros reported 
that he has driven straight trucks for 11 years, accumulating 528,000 
miles, and tractor-trailer combinations for four years, accumulating 
300,000 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.

Justin D. Craft

    Mr. Craft, 57, has corneal scarring 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, light perception. Following an examination 
in 2017, his optometrist stated, ``Mr. Craft has sufficient vision to 
perform driving tasks required to operate a commercial vehicle.'' Mr. 
Craft reported that he has driven straight trucks for 16 years, 
accumulating 400,000 miles. He holds an operator's license from 
Arkansas. His driving record for the last three years shows no crashes 
and no convictions for moving violations in a CMV.

James E. Haener

    Mr. Haener, 66, has a corneal 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, ``In my medical opinion, James Haener has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Haener reported that he has driven straight 
trucks for 45 years, accumulating 225,000 miles, and tractor-trailer 
combinations for 45 years, accumulating 225,000 miles. He holds a Class 
A CDL from Idaho. His driving record for the last three years shows no 
crashes and no convictions for moving violations in a CMV.

Curvin L. Martin

    Mr. Martin, 40, 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, ``In my 
opinion, Mr. Martin has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Martin reported that he 
has driven tractor-trailer combinations for 19 years, accumulating 1.9 
million miles. He holds a Class A CDL from Pennsylvania. His driving 
record for the last three years shows no crashes and one conviction for 
a moving violation in a CMV; he disregarded a traffic lane.

Robert L. Redding

    Mr. Redding, 54, has aphakia 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, 20/800. Following an examination in 2017, his 
optometrist stated, ``Please let this letter serve as notice that Mr. 
Redding does have sufficient vision to perform the driving tasks 
required to operate a commercial motor vehicle.'' Mr. Redding reported 
that he has driven straight trucks for 21 years, accumulating 315,000 
miles. He holds a Class B CDL from North Carolina. His driving record 
for the last three years shows no crashes and no convictions for moving 
violations in a CMV.

Gerald L. Wheeler

    Mr. Wheeler, 54, 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, ``Mr. 
Wheeler has, in my opinion, sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Wheeler reported 
that he has driven straight trucks for 15 years, accumulating 300,000 
miles. He holds an operator's license from Florida. His driving record 
for the last three years shows no crashes and no convictions for moving 
violations in a CMV.

George J. Worthington, Jr.

    Mr. Worthington, 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, 20/200. Following an examination in 2017, his ophthalmologist 
stated, ``His ability to operate a commercial motor vehicle should not 
be limited due to his long-standing amblyopia of the left eye.'' Mr. 
Worthington reported that he has driven straight trucks for 30 years, 
accumulating 300,000 miles. He holds an operator's license from New 
York. His driving record for the last three years shows no crashes and 
no convictions for moving violations in a CMV.

Jonas L. Yoder

    Mr. Yoder, 57, has had a branch retinal vein occlusion in his left 
eye since 1995. 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, ``Despite the vision deficiency of the left eye, it is my 
professional medical opinion that Jonas has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Yoder reported that he has driven straight trucks for five years, 
accumulating 400,000 miles. He holds a Class B CDL from Nebraska. 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-2018-0006 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-2018-0006 and click ``Search.''

[[Page 6697]]

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. 2018-03064 Filed 2-13-18; 8:45 am]
 BILLING CODE 4910-EX-P