Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices 34667 

VI. 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. 

VII. Conclusion 

Based upon its evaluation of the 37 

exemption applications, FMCSA 

exempts the following drivers from the 

diabetes requirement in 49 CFR 

391.41(b)(10), subject to the 

requirements cited above: 

Clayton W. Baenziger (CO) 

John E. Behle (MN) 

Myles S. Bolton (AK) 

Francisco Chavez, Jr. (CA) 

David C. Clarke (NE) 

Steven R. Condon (NE) 

Gilbert L. Fleming, Jr. (MD) 

Gavin C. Gore (MN) 

Johnny Gregg, Jr. (NC) 

Thomas W. Guzier (IL) 

Willard R. Hammond, Jr. (NY) 

Greg C. Hardcastle (OR) 

Joseph E. Heck (IA) 

Stephen R. Henderschiedt (MN) 

Larry D. Johnston (IA) 

Leodon L. Killinger, Jr. (ME) 

Joshua M. Lenhart (AK) 

Michelle L. Logsdon (WV) 

Tiernan E. McKinney (OH) 

Kevin R. McClerren (IL) 

Bryant L. Murray (UT) 

Manuel C. Pineda (TX) 

Kenneth M. Putt (VA) 

John D. Randall (MO) 

John F. Reilly (IL) 

Tyree E. Rhodes (LA) 

Jose C. Rosario (MN) 

Matthew L. Shelley (VA) 

Brian R. Smallcanyon (UT) 

Kenneth J. Sortman (OH) 

Gregory R. Suckow (SD) 

Jack W. Terrio (LA) 

Curtis D. Van Koevering (MI) 

Trent J. Vandyken (MN) 

Gregory A. Westfall (OH) 

Kevin L. Willis Sloan (MO) 

Debra A. Wiss (WA) 

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

and 31315, each exemption will be valid 

for two years from the effective date 

unless revoked earlier by FMCSA. The 

exemption will be revoked if the 

following occurs: (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 prior to being 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. 

Issued on: July 13, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–15574 Filed 7–19–18; 8:45 am] 

BILLING CODE 4910–EX–P 

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. 

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 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 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° in the horizontal 


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34668 Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices 

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, 

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/ 


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Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices 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 tractortrailer 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 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–2018–0015 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 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2006–25854; FMCSA– 

2013–0108; FMCSA–2014–0382] 

Qualification of Drivers; Exemption 

Applications; Epilepsy and Seizure 

Disorders 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to renew exemptions for five 

individuals from the requirement in the 

Federal Motor Carrier Safety 

Regulations (FMCSRs) that interstate 

commercial motor vehicle (CMV) 

drivers have ‘‘no established medical 

history or clinical diagnosis of epilepsy 

or any other condition which is likely 

to cause loss of consciousness or any 

loss of ability to control a CMV.’’ The 

exemptions enable these individuals 

who have had one or more seizures and 

are taking anti-seizure medication to 

continue to operate CMVs in interstate 

commerce. 

DATES: The exemptions were applicable 

on December 23, 2017. The exemptions 

expire on December 23, 2019. 

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 


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