28320 Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices 

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 selfaddressed, 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, 

fmcsamedical@dot.gov, FMCSA, 

Department of Transportation, 1200 

New Jersey Avenue SE, Room W64–224, 

Washington, DC 20590–0001. Office 

hours are from 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 for five 

years 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 twoyear period to align with the maximum 

duration of a driver’s medical 

certification. 

The physical qualification standard 

for drivers regarding hearing found in 

49 CFR 391.41(b)(11) states that a 

person is physically qualified to driver 

a CMV if that person first perceives a 

forced whispered voice in the better ear 

at not less than 5 feet with or without 

the use of a hearing aid or, if tested by 

use of an audiometric device, does not 

have an average hearing loss in the 

better ear greater than 40 decibels at 500 

Hz, 1,000 Hz, and 2,000 Hz with or 

without a hearing aid when the 

audiometric device is calibrated to 

American National Standard (formerly 

ASA Standard) Z24.5—1951. 

49 CFR 391.41(b)(11) was adopted in 

1970, with a revision in 1971 to allow 

drivers to be qualified under this 

standard while wearing a hearing aid, 

35 FR 6458, 6463 (April 22, 1970) and 

36 FR 12857 (July 3, 1971). 

The 3 individuals listed in this notice 

have requested renewal of their 

exemptions from the hearing standard 

in 49 CFR 391.41(b)(11), in accordance 

with FMCSA procedures. Accordingly, 

FMCSA has evaluated these 

applications for renewal on their merits 

and decided to extend each exemption 

for a renewable two-year period. 

II. Request for Comments 

Interested parties or organizations 

possessing information that would 

otherwise show that any, or all, of these 

drivers are not currently achieving the 

statutory level of safety should 

immediately notify FMCSA. The 

Agency will evaluate any adverse 

evidence submitted and, if safety is 

being compromised or if continuation of 

the exemption would not be consistent 

with the goals and objectives of 49 

U.S.C. 31136(e) and 31315, FMCSA will 

take immediate steps to revoke the 

exemption of a driver. 

III. Basis for Renewing Exemptions 

In accordance with 49 U.S.C. 31136(e) 

and 31315, each of the 19 applicants has 

satisfied the renewal conditions for 

obtaining an exemption from the 

hearing requirement. The 19 drivers in 

this notice remain in good standing with 

the Agency. In addition, for Commercial 

Driver’s License (CDL) holders, the 

Commercial Driver’s License 

Information System (CDLIS) and the 

Motor Carrier Management Information 

System (MCMIS) are searched for crash 

and violation data. For non-CDL 

holders, the Agency reviews the driving 

records from the State Driver’s 

Licensing Agency (SDLA). These factors 

provide an adequate basis for predicting 

each driver’s ability to continue to 

safely operate a CMV in interstate 

commerce. Therefore, FMCSA 

concludes that extending the exemption 

for each of these drivers for a period of 

two years is likely to achieve a level of 

safety equal to that existing without the 

exemption. 

As of May 18, 2018, and in 

accordance with 49 U.S.C. 31136(e) and 

31315, the following 3 individuals have 

satisfied the renewal conditions for 

obtaining an exemption from the 

hearing requirement in the FMCSRs for 

interstate CMV drivers: 

Tom Buretz, (FL); James Dalrymple, 

(AZ); and Derron Washington. (IL). 

The drivers were included in docket 

number FMCSA–2015–0328. Their 

exemptions are applicable as of May 18, 

2018, and will expire on May 18, 2020. 

IV. Conditions and Requirements 

The exemptions are extended subject 

to the following conditions: (1) Each 

driver must report any crashes or 

accidents as defined in 49 CFR 390.5; 

and (2) report all citations and 

convictions for disqualifying offenses 

under 49 CFR part 383 and 49 CFR 391 

to FMCSA; and (3) each driver 

prohibited from operating a motorcoach 

or bus with passengers in interstate 

commerce. The driver must also have a 

copy of the exemption when driving, for 

presentation to a duly authorized 

Federal, State, or local enforcement 

official. In addition, the exemption does 

not exempt the individual from meeting 

the applicable CDL testing 

requirements. Each exemption will be 

valid for two years unless rescinded 

earlier by FMCSA. The exemption will 

be rescinded if: (1) The person fails to 

comply with the terms and conditions 

of the exemption; (2) the exemption has 

resulted in a lower level of safety than 

was maintained before it was granted; or 

(3) continuation of the exemption would 

not be consistent with the goals and 

objectives of 49 U.S.C. 31136(e) and 

31315. 

V. Preemption 

During the period the exemption is in 

effect, no State shall enforce any law or 

regulation that conflicts with this 

exemption with respect to a person 

operating under the exemption. 

VI. Conclusion 

Based upon its evaluation of the 19 

exemption applications, FMCSA renews 

the exemptions of the aforementioned 

drivers from the hearing requirement in 

49 CFR 391.41 (b)(11). In accordance 

with 49 U.S.C. 31136(e) and 31315, each 

exemption will be valid for two years 

unless revoked earlier by FMCSA. 

Issued on: June 11, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–13013 Filed 6–15–18; 8:45 am] 

BILLING CODE 4910–EX–P 

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. 


amozie on DSK3GDR082PROD with NOTICES1
Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices 28321 

ACTION: Notice of applications for 

exemption; request for comments. 

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: 

• 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 selfaddressed, 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, 

fmcsamedical@dot.gov, 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 twoyear 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° 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 § 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, 


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28322 Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices 

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 tractortrailer 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 tractortrailer 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 tractortrailer 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 tractortrailer 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, 


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Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices 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 81⁄2 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, selfaddressed 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 

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 final disposition. 

SUMMARY: FMCSA announces its 

decision to exempt 17 individuals from 

the vision requirement in the Federal 

Motor Carrier Safety Regulations 

(FMCSRs) to operate a commercial 

motor vehicle (CMV) in interstate 

commerce. They are unable to meet the 

vision requirement in one eye for 

various reasons. The exemptions enable 

these individuals to operate CMVs in 

interstate commerce without meeting 

the vision requirement in one eye. 

DATES: The exemptions were applicable 

on May 10, 2018. The exemptions 

expire on May 10, 2020. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Christine A. Hydock, Chief, Medical 

Programs Division, (202) 366–4001, 

fmcsamedical@dot.gov, FMCSA, 

Department of Transportation, 1200 

New Jersey Avenue SE, Room W64–224, 

Washington, DC 20590–0001. Office 

hours are from 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. Electronic Access 

You may see all the comments online 

through the Federal Document 

Management System (FDMS) at http://

www.regulations.gov. 

Docket: For access to the docket to 

read background documents or 

comments, go to http://

www.regulations.gov and/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. 

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. 

II. Background 

On April 9, 2018, FMCSA published 

a notice announcing receipt of 

applications from 17 individuals 

requesting an exemption from vision 

requirement in 49 CFR 391.41(b)(10) 

and requested comments from the 

public (83 FR 15216). The public 

comment period ended on May 9, 2018, 

and one comment was received. 

FMCSA has evaluated the eligibility 

of these applicants and determined that 

granting the exemptions to these 

individuals would achieve a level of 

safety equivalent to or greater than the 

level that would be achieved by 

complying with the current regulation 

49 CFR 391.41(b)(10). 

The physical qualification standard 

for drivers regarding vision found in 49 

CFR 391.41(b)(10) states that a person is 

physically qualified to driver a CMV if 


amozie on DSK3GDR082PROD with NOTICES1