[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)]
[Notices]
[Pages 28320-28323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13007]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0012]


Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

[[Page 28321]]


ACTION: Notice of applications for exemption; request for comments.

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SUMMARY: FMCSA announces receipt of applications from 12 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 July 18, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2018-0012 using any of the 
following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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, <a href="/cdn-cgi/l/email-protection#e583888696848880818c868489a5818a91cb828a93"><span class="__cf_email__" data-cfemail="67010a0414060a02030e04060b2703081349000811">[email protected]</span></a>, 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 12 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,

[[Page 28322]]

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

Mark F. Besco

    Mr. Besco, 27, has had a macular scar in his right eye since 
childhood. The visual acuity in his right eye is 20/100, and in his 
left eye, 20/20. Following an examination in 2018, his ophthalmologist 
stated, ``He has no color deficiency in either eye and in our 
professional medical opinion he has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Besco 
reported that he has driven straight trucks for two years, accumulating 
13,000 miles, and tractor-trailer combinations for two years, 
accumulating 20,000 miles. He holds a Class A CDL from Iowa. His 
driving record for the last three years shows no crashes and no 
convictions for moving violations in a CMV.

William T. Cummins

    Mr. Cummins, 71, has complete loss of vision in his right eye due 
to a traumatic incident in 1979. The visual acuity in his right eye is 
no light perception, and in his left eye, 20/20. Following an 
examination in 2018, his optometrist stated, ``It is my medical opinion 
that Mr. Cummins has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Cummins reported that 
he has driven straight trucks for 15 years, accumulating 37,500 miles, 
and tractor-trailer combinations for 25 years, accumulating 1.56 
million miles. He holds a Class DMA CDL from Kentucky. His driving 
record for the last three years shows no crashes and no convictions for 
moving violations in a CMV.

Aaron L. Fox

    Mr. Fox, 34, had his left eye enucleated due to toxoplasmosis 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 
ophthalmologist stated, ``I believe that Mr. Fox has sufficient vision 
to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Fox reported that he has driven straight trucks for nine 
years, accumulating 450,000 miles and tractor-trailer combinations for 
one year, accumulating 117,000 miles. He holds a Class A CDL from Ohio. 
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.

Ryan N. Goyne

    Mr. Goyne, 37, has retinal 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, no light perception. Following an 
examination in 2018, his optometrist stated, ``I feel Mr. Goyne has 
adequate vision to perform tasks required to operate a commercial 
vehicle.''
    Mr. Goyne reported that he has driven straight trucks for six 
years, accumulating 36,000 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.

Eric M. Kohrs

    Mr. Kohrs, 26, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is 20/150, and in his left eye, 20/
20. Following an examination in 2018, his optometrist stated, ``In my 
opinion, given Eric's total visual field OU and BCVA OU Eric should be 
able to perform the required visual tasks to operate a commercial 
vehicle.'' Mr. Kohrs reported that he has driven straight trucks for 
four years, accumulating 10,400 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.

Michael P. Mazza

    Mr. Mazza, 51, has had a macular scar in his left eye since birth. 
The visual acuity in his right eye is 20/10, and in his left eye, 20/
150. Following an examination in 2018, his optometrist stated, ``Mr. 
Mazza has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Mazza reported that he has driven 
straight trucks for 32 years, accumulating 1.6 million miles and 
tractor-trailer combinations for 16 years, accumulating 800,000 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.

James L. Okonek

    Mr. Okonek, 54, had his left eye enucleated due to a tumor in 2006. 
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, ``It is my medical opinion that Mr. Okonek has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Okonek reported that he has driven straight trucks for 
14 years, accumulating 1.82 million miles, tractor-trailer combinations 
for five years, accumulating 50,000 miles, and buses for five years, 
accumulating 60,000 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.

Jeffrey S. Rockhill

    Mr. Rockhill, 37, 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 2018, his optometrist 
stated, ``Jeff has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Rockhill reported that 
he has driven straight trucks for 17 years, accumulating 34,000 miles, 
and tractor-trailer combinations for 17 years, accumulating 51,000 
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.

Travis D. Summerville

    Mr. Summerville, 38, 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, hand motion. Following an examination in 2018, his 
optometrist stated, ``Mr. Summerville has sufficient vision to operate 
a commercial vehicle.'' Mr. Summerville reported that he has driven 
straight trucks for three years, accumulating 50,400 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.

Lora D. Swindall

    Ms. Swindall, 50, has had amblyopia in her right eye since birth. 
The visual acuity in her right eye is 20/200, and in her left eye, 20/
20. Following an examination in 2018, her optometrist stated, ``In my 
medical opinion, Ms. Swindall's vision is sufficient for safely 
operating a motorized commercial vehicle.'' Ms. Swindall reported that 
she has driven straight trucks for 12 years,

[[Page 28323]]

accumulating 300,000 miles, and tractor-trailer combinations for 12 
years, accumulating 780,000 miles. She holds a Class AM CDL from 
Alabama. Her driving record for the last three years shows one crash, 
which she was not cited for, and no convictions for moving violations 
in a CMV.

Francis J. Toth

    Mr. Toth, 61, has complete loss of vision in his left eye due to a 
traumatic incident in 2012. The visual acuity in his right eye is 20/
20, and in his left eye, no light perception. Following an examination 
in 2017, his ophthalmologist stated, ``In my professional opinion, Mr. 
Toth does have sufficient vision to perform the driving test required 
to operate a commercial vehicle.'' Mr. Toth reported that he has driven 
tractor-trailer combinations for 38 years, accumulating 2.85 million 
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.

Joseph A. Zaccaro

    Mr. Zaccaro, 77, has had a chorioretinal scar in his left eye since 
1992. The visual acuity in his right eye is 20/30, and in his left eye, 
20/300. Following an examination in 2018, his ophthalmologist stated, 
``In Dr. Mock's professional opinion, the patient has sufficient vision 
to operated [sic] a commercial vehicle.'' Mr. Zaccaro reported that he 
has driven straight trucks for 40 years, accumulating 600,000 miles, 
and tractor-trailer combinations for 40 years, accumulating 600,000 
miles. He holds a Class A CDL from Alabama. 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-2018-0012 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-2018-0012 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: June 11, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-13007 Filed 6-15-18; 8:45 am]
 BILLING CODE 4910-EX-P


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