[Federal Register Volume 83, Number 140 (Friday, July 20, 2018)]
[Notices]
[Pages 34667-34669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15552]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0015]


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 nine 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 August 20, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2018-0015 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 nine 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

[[Page 34668]]

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

Paulo G. Clemente

    Mr. Clemente, 32, 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/
150. Following an examination in 2018, his optometrist stated, ``Full 
visual field testing done with the Humphrey field analyzer showed that 
Paul saw all the test objects in each eye and in my opinion would 
indicate that he has the visual competency to be a safe driver on the 
highway and be able to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Clemente reported that he has driven straight 
trucks for 11 years, accumulating 440,000 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.

Ronald W. Doskocil

    Mr. Doskocil, 51, 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 2018, his ophthalmologist 
stated, ``In my medical opinion, Mr. Doskocil does have sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Doskocil reported that he has driven straight trucks for 
29 years, accumulating 1.45 million 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.

Loren D. Estad

    Mr. Estad, 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/
100. Following an examination in 2018, his optometrist stated, ``In my 
opinion, Mr. Estad has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Estad reported that he 
has driven straight trucks for 38 years, accumulating 456,000 miles, 
and tractor-trailer combinations for 35 years, accumulating 3.5 million 
miles. He holds a Class AM CDL from North Dakota. His driving record 
for the last three years shows no crashes and no convictions for moving 
violations in a CMV.

Ryan P. Garner

    Mr. Garner, 43, has a prosthetic right eye due to a traumatic 
incident in 1982. 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, ``It is my assessment that I certify that 
the patient has sufficient vision to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Garner reported that he has 
driven straight trucks for five years, accumulating 25,000 miles, and 
tractor-trailer combinations for four years, accumulating 200,000 
miles. He holds a Class A CDL from Montana. His driving record for the 
last three years shows no crashes and no convictions for moving 
violations in a CMV.

Kody D. Gleckler

    Mr. Gleckler, 29, has aphakia in his left eye due to a traumatic 
incident in 2009. 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 conclusion, in my opinion, I believe that he would have 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Gleckler reported that he has driven straight 
trucks for ten years, accumulating 100,000 miles, and tractor-trailer 
combinations for ten years, accumulating 100,000 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.

Jeffrey W. Hawkins

    Mr. Hawkins, 56, has had a retinal detachment in his left eye since 
2011. The visual acuity in his right eye is 20/

[[Page 34669]]

20, and in his left eye, no light perception. Following an examination 
in 2017, his ophthalmologist stated, ``In my medical opinion, the 
patient continues to have sufficient vision to perform driving tasks 
required as a commercial vehicle operator.'' Mr. Hawkins reported that 
he has driven tractor-trailer combinations for 35 years, accumulating 
2.8 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.

Timothy D. Lundvall

    Mr. Lundvall, 61, has had glaucoma in his right eye since 2013. The 
visual acuity in his right eye is hand motion, and in his left eye, 20/
20. Following an examination in 2018, his ophthalmologist stated, ``In 
my opinion, Mr. Lundvall has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Lundvall reported 
that he has driven straight trucks for 30 years, accumulating 45,000 
miles, and tractor-trailer combinations for 15 years, accumulating 
900,000 miles. He holds a Class A CDL from Nebraska. His driving record 
for the last three years shows no crashes and no convictions for moving 
violations in a CMV.

Eric D. Smith

    Mr. Smith, 54, has had a cataract in his left eye since 2014. The 
visual acuity in his right eye is 20/15, and in his left eye, hand 
motion. Following an examination in 2018, his optometrist stated, ``In 
my medical opinion, I feel that the patient has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Smith reported that he has driven tractor-trailer combinations for 
nine years, accumulating 1.35 million miles. He holds a Class A CDL 
from Georgia. His driving record for the last three years shows no 
crashes and one conviction for a moving violation in a CMV; failure to 
keep in proper lane.

Mark E. Thesing

    Mr. Thesing, 59, has had optic nerve hypoplasia in his left eye 
since birth. The visual acuity in his right eye is 20/20, and in his 
left eye, counting fingers. Following an examination in 2018, his 
optometrist stated, ``It is my opinion that Mr. Thesing has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle vehicle [sic] as he has demonstrated during his career 
requiring no restrictions.'' Mr. Thesing reported that he has driven 
straight trucks for 40 years, accumulating 240,000 miles, and tractor-
trailer combinations for eight years, accumulating 16,000 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.

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-2018-0015 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-2018-0015 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: July 12, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-15552 Filed 7-19-18; 8:45 am]
 BILLING CODE 4910-EX-P


