[Federal Register Volume 83, Number 68 (Monday, April 9, 2018)]
[Notices]
[Pages 15216-15219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07187]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0008]


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 17 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 May 9, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2018-0008 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

[[Page 15217]]

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 17 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

Leobardo Antunez

    Mr. Antunez, 66, has had a macular cyst in his left eye since 2000. 
The visual acuity in his right eye is 20/20, and in his left eye, 20/
400. Following an examination in 2018, his optometrist stated, ``In my 
professional/medical opinion, Leobardo has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Antunez reported that he has driven tractor-trailer combinations for 17 
years, accumulating 1 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.

Jason P. Dostal

    Mr. Dostal, 49, 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/
80. Following an examination in 2017, his optometrist stated, ``Has 
sufficient vision to operate a commercial vehicle.'' Mr. Dostal 
reported that he has driven straight trucks for seven years, 
accumulating 182,000 miles. He holds a Class A CDL from Indiana. His 
driving record for the last three years shows no crashes and no

[[Page 15218]]

convictions for moving violations in a CMV.

John C. Duncan

    Mr. Duncan, 68, 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 ophthalmologist stated, ``In my 
medical opinion, Mr. John Duncan has the sufficient vision to perform 
the driving tasks required to operate a commercial vehicle land or 
water.'' Mr. Duncan reported that he has driven straight trucks for 43 
years, accumulating 64,500 miles, tractor-trailer combinations for five 
years, accumulating 15,000 miles, and buses for 24 years, accumulating 
48,000 miles. He holds a Class BM CDL from New York. His driving record 
for the last three years shows no crashes and no convictions for moving 
violations in a CMV.

Kenneth M. Emerson

    Mr. Emerson, 66, has had amblyopia in his left eye since birth. The 
visual acuity in his right eye is 20/20, and in his left eye, 20/50. 
Following an examination in 2017, his optometrist stated, ``Kenneth has 
adequate vision to drive a commercial vehicle.'' Mr. Emerson reported 
that he has driven straight trucks for seven years, accumulating 
700,000 miles. He holds an operator's license from Idaho. His driving 
record for the last three years shows no crashes and no convictions for 
moving violations in a CMV.

Michael C. Farley

    Mr. Farley, 62, has had amblyopia in his right eye since birth. The 
visual acuity in his right eye is 20/160, and in his left eye, 20/20. 
Following an examination in 2017, his optometrist stated, ``In my 
medical opinion he has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Farley reported that he 
has driven tractor-trailer combinations for seven years, accumulating 
700,000 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.

Steven W. Kyman

    Mr. Kyman, 58, 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, ``Nothing 
in our vision testing indicates Mr. Kyman should not continue to 
possess a CDL and drive a commercial vehicle.'' Mr. Kyman reported that 
he has driven tractor-trailer combinations for 14 years, accumulating 
1.68 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.

Jeffrey T. Landry

    Mr. Landry, 53, has had optic neuropathy in his left eye since 
2015. 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, ``He has sufficient vision in his right eye to operate a 
commercial vehicle, and has been successfully over the last [two] years 
per his report.'' Mr. Landry reported that he has driven straight 
trucks for four years, accumulating 48,000 miles, and tractor-trailer 
combinations for 32 years, accumulating 3.8 million miles. He holds a 
Class A CDL from North Carolina. His driving record for the last three 
years shows no crashes and no convictions for moving violations in a 
CMV.

David A. Margetson

    Mr. Margetson, 39, 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, there is no concern for him to operate a commercial 
vehicle due to his vision'' Mr. Margetson reported that he has driven 
straight trucks for 11 years, accumulating 215,644 miles. He holds an 
operator's license from Michigan. His driving record for the last three 
years shows no crashes and no convictions for moving violations in a 
CMV.

Trent C. McCain

    Mr. McCain, 41, has had retinopathy 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, ``In my 
medical opinion, Trent McCain has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. McCain 
reported that he has driven straight trucks for 28 years, accumulating 
28,000 miles, and tractor-trailer combinations for 17 years, 
accumulating 1.44 million miles. He holds a Class A CDL from Kansas. 
His driving record for the last three years shows no crashes and no 
convictions for moving violations in a CMV.

David M. McCarty

    Mr. McCarty, 51, has a corneal scar in his left eye due to a 
traumatic incident in 1986. 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, ``My medical opinion is that David has 
sufficient vision to operate commercial vehicles.'' Mr. McCarty 
reported that he has driven straight trucks for 28 years, accumulating 
420,000 miles, and tractor-trailer combinations for 28 years, 
accumulating 420,000 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.

Jeffrey W. Pike, Jr.

    Mr. Pike, 41, has a cataract in his right eye due to a traumatic 
incident in childhood. The visual acuity in his right eye is light 
perception, and in his left eye, 20/20. Following an examination in 
2018, his optometrist stated, ``In my opinion he has sufficient vision 
to perform driving tasks required to operate a commercial vehicle and 
has done so successfully for many years.'' Mr. Pike reported that he 
has driven straight trucks for 25 years, accumulating 250,000 miles, 
and tractor-trailer combinations for 23 years, accumulating 1.8 million 
miles. He holds a Class A CDL from Minnesota. His driving record for 
the last three years shows no crashes and no convictions for moving 
violations in a CMV.

Jess C. Sanchez

    Mr. Sanchez, 44, has had retinal ischemia in his left eye due to 
lupus since 2007. The visual acuity in his right eye is 20/15, and in 
his left eye, no light perception. Following an examination in 2017, 
his ophthalmologist stated, ``From a visual perspective, he has 
adequate vision to perform driving test required to operate a 
commercial vehicle.'' Mr. Sanchez reported that he has driven tractor-
trailer combinations for 29 years, accumulating 1.7 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.

Ermanno M. Santucci

    Mr. Santucci, 39, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/400, and in his 
left eye, 20/20. Following an examination in 2017, his optometrist 
stated, ``Patient has sufficient vision to perform driving tasks and 
drive a commercial vehicle.'' Mr. Santucci reported that he has driven 
straight trucks for five years, accumulating 135,150 miles. He holds a 
Class B CDL

[[Page 15219]]

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

John R.A.Taylor

    Mr. Taylor, 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/
400. Following an examination in 2017, his optometrist stated, ``I 
certify that in my professional opinion, John R. A. Taylor has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Taylor reported that he has driven straight 
trucks for 20 years, accumulating 300,000 miles. He holds a Class B CDL 
from Virginia. His driving record for the last three years shows no 
crashes and no convictions for moving violations in a CMV.

Justin L. Tidyman

    Mr. Tidyman, 35, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/200, and in his 
left eye, 20/25. Following an examination in 2018, his optometrist 
stated, ``I feel that My. [sic] Tidyman has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Tidyman reported that he has driven straight trucks for 20 years, 
accumulating 1.4 million miles, and tractor-trailer combinations for 
seven years, accumulating 140,000 miles. He holds a Class A CDL from 
Arkansas. His driving record for the last three years shows no crashes 
and no convictions for moving violations in a CMV.

Raul Torres Malaga

    Mr. Torres Malaga, 60, has had amblyopia in his right eye since 
birth. 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, 
``Upon completing the eye exam, I find Mr. Torres visually capable to 
operate a motor vehicle of any kind, including commercial vehicles.'' 
Mr. Torres Malaga reported that he has driven straight trucks for one 
year, accumulating 9,100 miles, and tractor-trailer combinations for 
three years, accumulating 60,900 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.

Timothy L. Tucker

    Mr. Tucker, 46, has had amblyopia in his left eye since birth. The 
visual acuity in his right eye is 20/20, and in his left eye, 20/400. 
Following an examination in 2017, his optometrist stated, ``Patient, 
Tim Tucker, should be allowed to operate a commercial vehicle with no 
restrictions with respect to his visual status.'' Mr. Tucker reported 
that he has driven straight trucks for 15 years, accumulating 465,000 
miles. He holds an operator's license from Kentucky. 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-2018-0008 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-2018-0008 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: April 2, 2018
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-07187 Filed 4-6-18; 8:45 am]
 BILLING CODE 4910-EX-P