82 FR 47297 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 195 (October 11, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 195 (October 11, 2017)
| Page Range | 47297-47298 | |
| FR Document | 2017-21883 |
[Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)] [Notices] [Pages 47297-47298] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-21883] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2017-0019] 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 12 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 29, 2017. The exemptions expire on August 29, 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 27, 2017, FMCSA published a notice announcing receipt of applications from 12 individuals requesting an exemption from vision requirement in 49 CFR 391.41(b)(10) and requested comments from the public (82 FR 35043). The public comment period ended on August 28, 2017, and no comments were received. FMCSA has evaluated the eligibility of these applicants and determined that [[Page 47298]] 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 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 27, 2017, Federal Register notice (82 FR 35043) 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 12 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, chorioretinal scarring, complete loss of vision, optic nerve atrophy, optic nerve pallor, prosthetic eye. In most cases, their eye conditions were not recently developed. Eight of the applicants were either born with their vision impairments or have had them since childhood. The four individuals that sustained their vision conditions as adults have had it for a range of three to ten 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 three to 42 years. In the past three years, two drivers were involved in crashes, 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 12 exemption applications, FMCSA exempts the following drivers from the vision requirement, 49 CFR 391.41(b)(10), subject to the requirements cited above: Thomas A. Barber (NC) Nazar B. Bihun (PA) Patrick J. Conner (OK) Jay D. Diebel (MI) Danny G. Goodman, Jr. (TX) Randy N. Grandfield (VT) Edgar A. Ideler (IL) Dennis R. Jones (TX) Rufus L. Jones (NJ) Derek J. Savko (MT) John J. Tilton (NH) Randy D. VanScoy (IA) 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. 2017-21883 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](https://thefederalregister.org/doc/82_FR_47492/page/1.svg)
![47298 Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Notices
granting the exemptions to these vision requirement in 49 CFR attests that the individual is otherwise
individuals would achieve a level of 391.41(b)(10), each has at least 20/40 physically qualified under 49 CFR
safety equivalent to or greater than the corrected vision in the other eye, and in 391.41; (2) each driver must provide a
level that would be achieved by a doctor’s opinion, has sufficient vision copy of the ophthalmologist’s or
complying with the current regulation to perform all the tasks necessary to optometrist’s report to the Medical
49 CFR 391.41(b)(10). operate a CMV. Examiner at the time of the annual
The physical qualification standard Doctors’ opinions are supported by medical examination; and (3) each
for drivers regarding vision found in 49 the applicants’ possession of a valid driver must provide a copy of the
CFR 391.41(b)(10) states that a person is license to operate a CMV. By meeting annual medical certification to the
physically qualified to driver a CMV if State licensing requirements, the employer for retention in the driver’s
that person: applicants demonstrated their ability to qualification file, or keep a copy in his/
Has distant visual acuity of at least 20/40 operate a CMV, with their limited vision her driver’s qualification file if he/she is
(Snellen) in each eye without corrective in intrastate commerce, even though self-employed. The driver must also
lenses or visual acuity separately corrected to their vision disqualified them from have a copy of the exemption when
20/40 (Snellen) or better with corrective driving in interstate commerce. We driving, for presentation to a duly
lenses, distant binocular acuity of a least 20/ believe that the applicants’ intrastate authorized Federal, State, or local
40 (Snellen) in both eyes with or without driving experience and history provide
corrective lenses, field of vision of at least enforcement official.
an adequate basis for predicting their
70° in the horizontal meridian in each eye, VI. Preemption
and the ability to recognize the colors of
ability to drive safely in interstate
traffic signals and devices showing red, commerce. Intrastate driving, like During the period the exemption is in
green, and amber. interstate operations, involves
effect, no State shall enforce any law or
substantial driving on highways on the
III. Discussion of Comments regulation that conflicts with this
interstate system and on other roads
exemption with respect to a person
FMCSA received no comments in this built to interstate standards. Moreover,
operating under the exemption.
proceeding. driving in congested urban areas
exposes the driver to more pedestrian VII. Conclusion
IV. Basis for Exemption Determination
and vehicular traffic than exists on
Under 49 U.S.C. 31136(e) and 31315, interstate highways. Faster reaction to Based upon its evaluation of the 12
FMCSA may grant an exemption from traffic and traffic signals is generally exemption applications, FMCSA
the vision standard in 49 CFR required because distances between exempts the following drivers from the
391.41(b)(10) if the exemption is likely them are more compact. These vision requirement, 49 CFR
to achieve an equivalent or greater level conditions tax visual capacity and 391.41(b)(10), subject to the
of safety than would be achieved driver response just as intensely as requirements cited above:
without the exemption. The exemption interstate driving conditions. Thomas A. Barber (NC)
allows applicants to operate CMVs in The applicants in this notice have
interstate commerce. driven CMVs with their limited vision Nazar B. Bihun (PA)
The Agency’s decision regarding these in careers ranging for three to 42 years. Patrick J. Conner (OK)
exemption applications is based on In the past three years, two drivers were Jay D. Diebel (MI)
medical reports about the applicants’ involved in crashes, and no drivers were
vision as well as their driving records convicted of moving violations in Danny G. Goodman, Jr. (TX)
and experience driving with the vision CMVs. All the applicants achieved a Randy N. Grandfield (VT)
deficiency. The qualifications, record of safety while driving with their Edgar A. Ideler (IL)
experience, and medical condition of vision impairment, demonstrating the
each applicant were stated and Dennis R. Jones (TX)
likelihood that they have adapted their
discussed in detail in the July 27, 2017, driving skills to accommodate their Rufus L. Jones (NJ)
Federal Register notice (82 FR 35043) condition. As the applicants’ ample Derek J. Savko (MT)
and will not be repeated in this notice. driving histories with their vision John J. Tilton (NH)
FMCSA recognizes that some drivers deficiencies are good predictors of
do not meet the vision requirement but future performance, FMCSA concludes Randy D. VanScoy (IA)
have adapted their driving to their ability to drive safely can be In accordance with 49 U.S.C. 31136(e)
accommodate their limitation and projected into the future. Consequently, and 31315, each exemption will be valid
demonstrated their ability to drive FMCSA finds that in each case for two years from the effective date
safely. The 12 exemption applicants exempting these applicants from the unless revoked earlier by FMCSA. The
listed in this notice are in this category. vision requirement in 49 CFR exemption will be revoked if the
They are unable to meet the vision 391.41(b)(10) is likely to achieve a level following occurs: (1) The person fails to
requirement in one eye for various of safety equal to that existing without comply with the terms and conditions
reasons, including amblyopia, aphakia, the exemption. of the exemption; (2) the exemption has
chorioretinal scarring, complete loss of resulted in a lower level of safety than
vision, optic nerve atrophy, optic nerve V. Conditions and Requirements
was maintained prior to being granted;
pallor, prosthetic eye. In most cases, The terms and conditions of the or (3) continuation of the exemption
asabaliauskas on DSKBBXCHB2PROD with NOTICES
their eye conditions were not recently exemption are provided to the would not be consistent with the goals
developed. Eight of the applicants were applicants in the exemption document and objectives of 49 U.S.C. 31136 and
either born with their vision and includes the following: (1) Each 31315.
impairments or have had them since driver must be physically examined
childhood. The four individuals that every year (a) by an ophthalmologist or Issued on: October 2, 2017.
sustained their vision conditions as optometrist who attests that the vision Larry W. Minor,
adults have had it for a range of three in the better eye continues to meet the Associate Administrator for Policy.
to ten years. Although each applicant standard in 49 CFR 391.41(b)(10) and (b) [FR Doc. 2017–21883 Filed 10–10–17; 8:45 am]
has one eye which does not meet the by a certified Medical Examiner who BILLING CODE 4910–EX–P
VerDate Sep<11>2014 17:58 Oct 10, 2017 Jkt 244001 PO 00000 Frm 00128 Fmt 4703 Sfmt 9990 E:\FR\FM\11OCN1.SGM 11OCN1](https://thefederalregister.org/doc/82_FR_47492/page/2.svg)
Document Created: 2018-10-25 10:00:15
Document Modified: 2018-10-25 10:00:15
| 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 29, 2017. The exemptions expire on August 29, 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 47297 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR