82 FR 47296 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 195 (October 11, 2017)

Page Range		47296-47297
FR Document		2017-21893

FMCSA announces its decision to exempt 11 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.

Federal Register, Volume 82 Issue 195 (Wednesday, October 11, 2017)

[Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)]
[Notices]
[Pages 47296-47297]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21893]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0020]


Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt 11 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 August 25, 2017. The 
exemptions expire on August 25, 2019.

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 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 July 25, 2017, FMCSA published a notice announcing receipt of 
applications from 11 individuals requesting an exemption from vision 
requirement in 49 CFR 391.41(b)(10) and requested comments from the 
public (82 FR 34564). The public comment period ended on August 24, 
2017, and no 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[deg] 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 no comments in this proceeding.

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 July 25, 2017, Federal 
Register notice (82 FR 34564) 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 11 
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, enucleated eye, pars planitis, prosthetic 
eye, and retinal detachment. In most cases, their eye conditions were 
not recently developed. Nine of the applicants were either born with 
their vision impairments or have had them since childhood. The two 
individuals that sustained their vision conditions as adults have had 
it for a range of six to nine 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

[[Page 47297]]

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 three to 40 years. In the past three 
years, one driver was involved in a crash, and no 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 exemption with 
respect to a person operating under the exemption.

VII. Conclusion

    Based upon its evaluation of the 11 exemption applications, FMCSA 
exempts the following drivers from the vision requirement, 49 CFR 
391.41(b)(10), subject to the requirements cited above:

Michael T. Allen (AZ)
Robert F. Anneheim (NC)
Ray C. Atkinson (TN)
Joseph Cuthbert (PA)
Kent W. Fulp (NC)
Edward P. Hutton (ID)
Stephen McLaren (TN)
Robert E. Richards (ME)
James R. Robinette (VA)
James Tucker (TN)
Alvin White (TN)

    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: October 2, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-21893 Filed 10-10-17; 8:45 am]
BILLING CODE 4910-EX-P

Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Notices 47297

State licensing requirements, the employer for retention in the driver’s SUMMARY: FMCSA announces its
applicants demonstrated their ability to qualification file, or keep a copy in his/ decision to exempt 12 individuals from
operate a CMV, with their limited vision her driver’s qualification file if he/she is the vision requirement in the Federal
in intrastate commerce, even though self-employed. The driver must also Motor Carrier Safety Regulations
their vision disqualified them from have a copy of the exemption when (FMCSRs) to operate a commercial
driving in interstate commerce. We driving, for presentation to a duly motor vehicle (CMV) in interstate
believe that the applicants’ intrastate authorized Federal, State, or local commerce. They are unable to meet the
driving experience and history provide enforcement official. vision requirement in one eye for
an adequate basis for predicting their various reasons. The exemptions enable
ability to drive safely in interstate VI. Preemption these individuals to operate CMVs in
commerce. Intrastate driving, like During the period the exemption is in interstate commerce without meeting
interstate operations, involves effect, no State shall enforce any law or the vision requirement in one eye.
substantial driving on highways on the regulation that conflicts with this DATES: The exemptions were applicable
interstate system and on other roads exemption with respect to a person on August 29, 2017. The exemptions
built to interstate standards. Moreover, operating under the exemption. expire on August 29, 2019.
driving in congested urban areas FOR FURTHER INFORMATION CONTACT: Ms.
exposes the driver to more pedestrian VII. Conclusion
Christine A. Hydock, Chief, Medical
and vehicular traffic than exists on Based upon its evaluation of the 11 Programs Division, (202) 366–4001,
interstate highways. Faster reaction to exemption applications, FMCSA fmcsamedical@dot.gov, FMCSA,
traffic and traffic signals is generally exempts the following drivers from the Department of Transportation, 1200
required because distances between vision requirement, 49 CFR New Jersey Avenue SE., Room W64–
them are more compact. These 391.41(b)(10), subject to the 224, Washington, DC 20590–0001.
conditions tax visual capacity and requirements cited above: Office hours are from 8:30 a.m. to 5
driver response just as intensely as Michael T. Allen (AZ) p.m., e.t., Monday through Friday,
interstate driving conditions. Robert F. Anneheim (NC) except Federal holidays. If you have
The applicants in this notice have Ray C. Atkinson (TN) questions regarding viewing or
driven CMVs with their limited vision Joseph Cuthbert (PA) submitting material to the docket,
in careers ranging for three to 40 years. Kent W. Fulp (NC) contact Docket Services, telephone (202)
In the past three years, one driver was Edward P. Hutton (ID) 366–9826.
involved in a crash, and no drivers were Stephen McLaren (TN) SUPPLEMENTARY INFORMATION:
convicted of moving violations in Robert E. Richards (ME)
CMVs. All the applicants achieved a James R. Robinette (VA) I. Electronic Access
record of safety while driving with their James Tucker (TN) You may see all the comments online
vision impairment, demonstrating the Alvin White (TN) through the Federal Document
likelihood that they have adapted their Management System (FDMS) at http://
driving skills to accommodate their In accordance with 49 U.S.C. 31136(e)
and 31315, each exemption will be valid www.regulations.gov.
condition. As the applicants’ ample Docket: For access to the docket to
driving histories with their vision for two years from the effective date
unless revoked earlier by FMCSA. The read background documents or
deficiencies are good predictors of comments, go to http://
future performance, FMCSA concludes exemption will be revoked if the
following occurs: (1) The person fails to www.regulations.gov and/or Room
their ability to drive safely can be W12–140 on the ground level of the
projected into the future. comply with the terms and conditions
West Building, 1200 New Jersey Avenue
Consequently, FMCSA finds that in of the exemption; (2) the exemption has
SE., Washington, DC, between 9 a.m.
each case exempting these applicants resulted in a lower level of safety than
and 5 p.m., e.t., Monday through Friday,
from the vision requirement in 49 CFR was maintained prior to being granted;
except Federal holidays.
391.41(b)(10) is likely to achieve a level or (3) continuation of the exemption Privacy Act: In accordance with 5
of safety equal to that existing without would not be consistent with the goals U.S.C. 553(c), DOT solicits comments
the exemption. and objectives of 49 U.S.C. 31136 and from the public to better inform its
31315. rulemaking process. DOT posts these
V. Conditions and Requirements
Issued on: October 2, 2017. comments, without edit, including any
The terms and conditions of the Larry W. Minor, personal information the commenter
exemption are provided to the provides, to http://www.regulations.gov,
Associate Administrator for Policy.
applicants in the exemption document as described in the system of records
[FR Doc. 2017–21893 Filed 10–10–17; 8:45 am]
and includes the following: (1) Each notice (DOT/ALL–14 FDMS), which can
driver must be physically examined BILLING CODE 4910–EX–P
be reviewed at http://www.dot.gov/
every year (a) by an ophthalmologist or privacy.
optometrist who attests that the vision
DEPARTMENT OF TRANSPORTATION II. Background
in the better eye continues to meet the
standard in 49 CFR 391.41(b)(10) and (b) Federal Motor Carrier Safety On July 27, 2017, FMCSA published
by a certified Medical Examiner who Administration a notice announcing receipt of
asabaliauskas on DSKBBXCHB2PROD with NOTICES

attests that the individual is otherwise applications from 12 individuals
physically qualified under 49 CFR [Docket No. FMCSA–2017–0019] requesting an exemption from vision
391.41; (2) each driver must provide a requirement in 49 CFR 391.41(b)(10)
copy of the ophthalmologist’s or Qualification of Drivers; Exemption and requested comments from the
optometrist’s report to the Medical Applications; Vision public (82 FR 35043). The public
Examiner at the time of the annual AGENCY: Federal Motor Carrier Safety comment period ended on August 28,
medical examination; and (3) each Administration (FMCSA), DOT. 2017, and no comments were received.
driver must provide a copy of the FMCSA has evaluated the eligibility
ACTION: Notice of final disposition.
annual medical certification to the of these applicants and determined that

VerDate Sep<11>2014 17:58 Oct 10, 2017 Jkt 244001 PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 E:\FR\FM\11OCN1.SGM 11OCN1

Document Created: 2018-10-25 09:59:11
Document Modified: 2018-10-25 09:59:11

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of final disposition.
Dates		The exemptions were applicable on August 25, 2017. The exemptions expire on August 25, 2019.
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 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.
FR Citation		82 FR 47296

82 FR 47296 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 195 (October 11, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration