Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices 2289 

the last five years. His endocrinologist 

certifies that Mr. Stylc understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Stylc meets the requirements 

of the vision standard at 49 CFR 

391.41(b)(10). His optometrist examined 

him in 2017 and certified that he does 

not have diabetic retinopathy. He holds 

a Class A CDL from Pennsylvania. 

Todd A. Vanwinkle 

Mr. Vanwinkle, 53, has had ITDM 

since 2010. His endocrinologist 

examined him in 2017 and certified that 

he has had no severe hypoglycemic 

reactions resulting in loss of 

consciousness, requiring the assistance 

of another person, or resulting in 

impaired cognitive function that 

occurred without warning in the past 12 

months and no recurrent (two or more) 

severe hypoglycemic episodes in the 

last five years. His endocrinologist 

certifies that Mr. Vanwinkle 

understands diabetes management and 

monitoring, has stable control of his 

diabetes using insulin, and is able to 

drive a CMV safely. Mr. Vanwinkle 

meets the requirements of the vision 

standard at 49 CFR 391.41(b)(10). His 

optometrist examined him in 2017 and 

certified that he does not have diabetic 

retinopathy. He holds a Class A CDL 

from Nebraska. 

Jacob W. Williams 

Mr. Williams, 41, has had ITDM since 

2017. His endocrinologist examined him 

in 2017 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (two or 

more) severe hypoglycemic episodes in 

the last five years. His endocrinologist 

certifies that Mr. Williams understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Williams meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His optometrist 

examined him in 2017 and certified that 

he does not have diabetic retinopathy. 

He holds a Class A CDL from 

Pennsylvania. 

Kevin A. Wiswell 

Mr. Wiswell, 59, has had ITDM since 

2017. His endocrinologist examined him 

in 2017 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (two or 

more) severe hypoglycemic episodes in 

the last five years. His endocrinologist 

certifies that Mr. Wiswell understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Wiswell meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His optometrist 

examined him in 2017 and certified that 

he does not have diabetic retinopathy. 

He holds a Class B CDL from Maine. 

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 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–2017–0286 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–2017–0286 and click ‘‘Search.’’ 

Next, click ‘‘Open Docket Folder’’ and 

you will find all documents and 

comments related to this notice. 

Issued on: January 5, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–00561 Filed 1–12–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2017–0023] 

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 25 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 October 19, 2017. The exemptions 

expire on October 19, 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 

5 p.m., e.t., Monday through Friday, 

except Federal holidays. 


daltland on DSKBBV9HB2PROD with NOTICES
2290 Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices 

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 September 18, 2017, FMCSA 

published a notice announcing receipt 

of applications from 25 individuals 

requesting an exemption from vision 

requirement in 49 CFR 391.41(b)(10) 

and requested comments from the 

public (82 FR 43647). The public 

comment period ended on October 18, 

2017, and three comments were 

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 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 a 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 red, green, and amber. 

III. Discussion of Comments 

FMCSA received three comments in 

this proceeding. Mr. Cory Manthei 

commented however his comments are 

out of scope for this office. Mr. Ryan 

Pitre commented that FMCSA should 

revisit the vision qualifications and 

stated that these are new regulations. In 

July 1992, the Agency first published 

the criteria for the Vision Waiver 

Program, and are therefore not new 

regulations. Mr. Brian Weaver 

commented that he believes that if a 

driver is able to back a trailer in a safe 

manner then those drivers are okay to 

obtain a vision exemption. FMCSA has 

established program criteria drivers 

must meet in order to obtain a Federal 

vision exemption, functional testing is 

not one of them. 

IV. Basis for Exemption Determination 

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

FMCSA may grant an exemption from 

the vision standard in 49 CFR 

391.41(b)(10) if the exemption is likely 

to achieve an equivalent or greater level 

of safety than would be achieved 

without the exemption. The exemption 

allows applicants to operate CMVs in 

interstate commerce. 

The Agency’s decision regarding these 

exemption applications is based on 

medical reports about the applicants’ 

vision as well as their driving records 

and experience driving with the vision 

deficiency. The qualifications, 

experience, and medical condition of 

each applicant were stated and 

discussed in detail in the September 18, 

2017, Federal Register notice (82 FR 

43647) and will not be repeated in this 

notice. 

FMCSA recognizes that some drivers 

do not meet the vision requirement but 

have adapted their driving to 

accommodate their limitation and 

demonstrated their ability to drive 

safely. The 25 exemption applicants 

listed in this notice are in this category. 

They are unable to meet the vision 

requirement in one eye for various 

reasons, including amblyopia, aphakia, 

cataract, chorioretinal scar, complete 

loss of vision, fibrotic scarring, macular 

coloboma, phthisis bulbi, prosthetic eye, 

retinal detachment, retinal 

neovascularization, and retinal scarring. 

In most cases, their eye conditions were 

not recently developed. Nineteen of the 

applicants were either born with their 

vision impairments or have had them 

since childhood. The six individuals 

that sustained their vision conditions as 

adults have had it for a range of four to 

45 years. Although each applicant has 

one eye which does not meet the vision 

requirement in 49 CFR 391.41(b)(10), 

each has at least 20/40 corrected vision 

in the other eye, and in a doctor’s 

opinion, has sufficient vision to perform 

all the tasks necessary to operate a CMV. 

Doctors’ opinions are supported by 

the applicants’ possession of a valid 

license to operate a CMV. By meeting 

State licensing requirements, the 

applicants demonstrated their ability to 

operate a CMV, with their limited vision 

in intrastate commerce, even though 

their vision disqualified them from 

driving in interstate commerce. We 

believe that the applicants’ intrastate 

driving experience and history provide 

an adequate basis for predicting their 

ability to drive safely in interstate 

commerce. Intrastate driving, like 

interstate operations, involves 

substantial driving on highways on the 

interstate system and on other roads 

built to interstate standards. Moreover, 

driving in congested urban areas 

exposes the driver to more pedestrian 

and vehicular traffic than exists on 

interstate highways. Faster reaction to 

traffic and traffic signals is generally 

required because distances between 

them are more compact. These 

conditions tax visual capacity and 

driver response just as intensely as 

interstate driving conditions. 

The applicants in this notice have 

driven CMVs with their limited vision 

in careers ranging for five to 56 years. 

In the past three years, one driver was 

involved in a crash, and two drivers 

were convicted of moving violations in 

CMVs. All the applicants achieved a 

record of safety while driving with their 

vision impairment, demonstrating the 

likelihood that they have adapted their 

driving skills to accommodate their 

condition. As the applicants’ ample 

driving histories with their vision 

deficiencies are good predictors of 

future performance, FMCSA concludes 

their ability to drive safely can be 

projected into the future. 

Consequently, FMCSA finds that in 

each case exempting these applicants 

from the vision requirement in 49 CFR 

391.41(b)(10) is likely to achieve a level 

of safety equal to that existing without 

the exemption. 

V. Conditions and Requirements 

The terms and conditions of the 

exemption are provided to the 

applicants in the exemption document 

and includes the following: (1) Each 

driver must be physically examined 

every year (a) by an ophthalmologist or 

optometrist who attests that the vision 

in the better eye continues to meet the 

standard in 49 CFR 391.41(b)(10) and (b) 

by a certified Medical Examiner who 

attests that the individual is otherwise 

physically qualified under 49 CFR 

391.41; (2) each driver must provide a 

copy of the ophthalmologist’s or 

optometrist’s report to the Medical 

Examiner at the time of the annual 

medical examination; and (3) each 

driver must provide a copy of the 

annual medical certification to the 

employer for retention in the driver’s 

qualification file, or keep a copy in his/ 

her driver’s qualification file if he/she is 

self-employed. The driver must also 

have a copy of the exemption when 

driving, for presentation to a duly 

authorized Federal, State, or local 

enforcement official. 

VI. Preemption 

During the period the exemption is in 

effect, no State shall enforce any law or 

regulation that conflicts with this 


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Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices 2291 

exemption with respect to a person 

operating under the exemption. 

VII. Conclusion 

Based upon its evaluation of the 25 

exemption applications, FMCSA 

exempts the following drivers from the 

vision requirement, 49 CFR 

391.41(b)(10), subject to the 

requirements cited above: 

Paul A. Bartels (WI) 

Harold J. Bartley, Jr. (KY) 

Charles C. Berns (IA) 

Eric L. Boyle, Jr. (MD) 

Jeremiah E. Casey (MO) 

Leonard M. Cassieri (CA) 

Randy J. Conrad (IA) 

Jimmie E. Curtis (NM) 

Daniel E. Delano (VA) 

Jonathan P. Edwards (PA) 

James A. Green (IL) 

Richard Healy (MD) 

Tommy G. Hillis (TX) 

Richard A. Honstad (MN) 

Stephen M. Lovell (TX) 

Thomas P. Maio (ME) 

Carlos Marquez (WI) 

Jason L. McBride (MI) 

Dennis M. Olson (WI) 

Kameron W. Quinalty (AR) 

Daniel C. Sagert (WI) 

Robert D. Steele (WA) 

Richard C. Strassburg (NY) 

Jeremy E. Studebaker (IN) 

Daniel D. Woodworth (LA) 

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 and 

31315. 

Issued on: January 5, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–00599 Filed 1–12–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2017–0116] 

Qualification of Drivers; Exemption 

Applications; Implantable Cardioverter 

Defibrillator (ICD) 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of denials. 

SUMMARY: FMCSA announces its 

decision to deny applications from two 

individuals treated with Implantable 

Cardioverter Defibrillators (ICDs) who 

requested an exemption from the 

Federal Motor Carrier Safety 

Regulations (FMCSRs) prohibiting 

operation of a commercial motor vehicle 

(CMV) in interstate commerce by 

persons with a current clinical diagnosis 

of myocardial infarction, angina 

pectoris, coronary insufficiency, 

thrombosis, or any other cardiovascular 

disease of a variety known to be 

accompanied by syncope, dyspnea, 

collapse, or congestive heart failure. 

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., ET, 

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., ET, 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 May 4, 2017, FMCSA published a 

FR notice (82 FR 20961) announcing 

receipt of applications from two 

individuals treated with ICDs and 

requested comments from the public. 

These two individuals requested an 

exemption from 49 CFR 391.41(b)(4) 

which prohibits operation of a CMV in 

interstate commerce by persons with a 

current clinical diagnosis of myocardial 

infarction, angina pectoris, coronary 

insufficiency, thrombosis, or any other 

cardiovascular disease of a variety 

known to be accompanied by syncope, 

dyspnea, collapse, or congestive heart 

failure. The public comment period 

closed on June 5, 2017, and two 

comments were received. 

FMCSA has evaluated the eligibility 

of these applicants and concluded that 

granting these exemptions would not 

provide a level of safety that would be 

equivalent to or greater than, the level 

of safety that would be obtained by 

complying with the regulation 49 CFR 

391.41(b)(4). A summary of each 

applicant’s medical history related to 

their ICD exemption request was 

discussed in the May 4, 2017, Federal 

Register notice and will not be repeated 

in this notice. 

In reaching the decision to deny these 

exemption requests, the Agency 

considered information from the 

Cardiovascular Medical Advisory 

Criteria, the April 2007 Evidence Report 

‘‘Cardiovascular Disease and 

Commercial Motor Vehicle Driver 

Safety, a December 2014 focused 

research report ‘‘Implantable 

Cardioverter Defibrillators and the 

Impact of a Shock in a Patient When 

Deployed.’’ Copies of the reports are 

included in the docket. 

FMCSA has published advisory 

criteria to assist medical examiners in 

determining whether drivers with 

certain medical conditions are qualified 

to operate a CMV in interstate 

commerce. [Appendix A to Part 391— 

Medical Advisory Criteria, section D, 

paragraph 4.] The advisory criteria for 

49 CFR 391.41(b)(4) indicates that 

coronary artery bypass surgery and 

pacemaker implantation are remedial 

procedures and thus, not medically 

disqualifying. Implantable cardioverter 

defibrillators are disqualifying due to 

risk of syncope. 

III. Discussion of Comments 

FMCSA received two comments in 

this proceeding. Each of the comments 

was favorable towards the applicants 

continuing to drive CMV’s with ICD’s 

citing their ICDs have not deployed and 

their medical and physical conditions 

are stable. FMCSA acknowledges the 

commenters’ responses concerning 

stable medical histories with ICDs. 

Based on the available medical 

literature cited above, however, FMCSA 

believes that a driver with an ICD is at 

risk for incapacitation if the device 

discharges. This risk is combined with 

the risks associated with the underlying 

cardiovascular condition for which the 


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