82 FR 47309 - 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 | 47309-47311 | |
| FR Document | 2017-21898 |
[Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)] [Notices] [Pages 47309-47311] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-21898] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2017-0022] 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 22 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. [[Page 47310]] DATES: The exemptions were applicable on September 12, 2017. The exemptions expire on September 12, 2019. Each group of exemptions were applicable on the dates stated in the discussions below and will expire on the dates stated in the discussions below. 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 August 10, 2017, FMCSA published a notice announcing receipt of applications from 22 individuals requesting an exemption from vision requirement in 49 CFR 391.41(b)(10) and requested comments from the public (82 FR 37504). The public comment period ended on September 11, 2017, 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 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 one comment in this proceeding. Vicky Johnson stated Minnesota Driver and Vehicle Services (DVS) has no objections to Ray M. Bliss retaining his CDL with his vision exemption. 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 August 10, 2017, Federal Register notice (82 FR 37504) 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 22 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, central retinal vein occlusion, complete loss of vision, fibrosis, macular scarring, phthisis bulbi, prosthetic eye, retinal scarring, and scotoma. 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 three individuals that sustained their vision conditions as adults have had it for a range of five to 23 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 38 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. IV. 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 [[Page 47311]] 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. 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 22 exemption applications, FMCSA exempts the following drivers from the vision requirement, 49 CFR 391.41(b)(10), subject to the requirements cited above: Eddie S. Bennett (MI) Ray M. Bliss (MN) Gary S. Boryk (VA) Jonathan E. Burt (VT) David A. Cooper (WV) Nicholas M. Deschepper (SD) Frank J. Devitz (PA) John F. Ferguson, Jr. (PA) Dominick P. Fittipaldi (PA) Alvin H. Horgdal (IA) Louis R. LeMonds, Jr. (WA) Jonathan Marin (NJ) Mark E. McNaughton (IA) Louis Neofotistos (MA) Josue M. Rodriguez-Espinoza (CA) James R. Rupert (CA) Christopher J. Schmidt (WI) Brandon L. Siebe (KY) Greg C. Stilson (WY) Paul M. Wooton (KY) Willie C. Young (TX) Eloy Zuniga (TX) 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. 2017-21898 Filed 10-10-17; 8:45 am] BILLING CODE 4910-EX-P
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discriminatory. On May 4, 2015, and includes the following: (1) Each Gjasi A. Leite (GA)
FMCSA published a Notice of Proposed driver must submit a quarterly Richard V. Madden (PA)
Rulemaking (NPRM) (80 FR 25260) monitoring checklist completed by the Landon H. McCuddin (SD)
proposed changes to the Diabetes treating endocrinologist as well as an Damien R. Mitchell (NC)
standard and requesting comments from annual checklist with a comprehensive Steven J. Mooney (AL)
the public. FMCSA is currently medical evaluation; (2) each driver must Luther G. Mumaw, Jr. (WV)
evaluating comments received and report within two business days of Roberto Noa (FL)
drafting a Final Rule. Information occurrence, all episodes of severe Benjamin P. Peirce (CA)
related to this action can be found in the hypoglycemia, significant Judah G. Pira (WA)
Docket at FMCSA–2005–23151. Marisol complications, or inability to manage Robert E. Racy II (OH)
Aguilar stated that she agrees with the diabetes; also, any involvement in an Robert P. Rowean, Jr. (MA)
decision to grant exemptions to Mark A. accident or any other adverse event in Wesley R. Schmid (CT)
Brede, Bradley J. Holmstrom, Delbert E. a CMV or personal vehicle, whether or Royal J. Schultz (NY)
Holt, and Anthony A. Kronbeck. not it is related to an episode of Joseph B. Simon (NJ)
hypoglycemia; (3) each driver must Andrew J. Slionski (NY)
Basis for Exemption Determination
provide a copy of the ophthalmologist’s Samuel L. Smith (NC)
Under 49 U.S.C. 31136(e) and 31315, or optometrist’s report to the Medical Terry D. Stumpff (WA)
FMCSA may grant an exemption from Examiner at the time of the annual Manuel A. Vasquez (NJ)
the diabetes standard in 49 CFR medical examination; and (4) each Paul O. Verly (CO)
391.41(b)(3) if the exemption is likely to driver must provide a copy of the Alvin G. Welch (NY)
achieve an equivalent or greater level of annual medical certification to the Damien E. Wiggins (CA)
safety than would be achieved without employer for retention in the driver’s Frank R. Woitel (NM)
the exemption. The exemption allows qualification file, or keeping a copy in In accordance with 49 U.S.C. 31136(e)
the applicants to operate CMVs in his/her driver’s qualification file if he/ and 31315, each exemption will be valid
interstate commerce. she is self-employed. The driver must for two years from the effective date
The Agency’s decision regarding these also have a copy of the exemption when unless revoked earlier by FMCSA. The
exemption applications is based on the driving, for presentation to a duly exemption will be revoked if the
program eligibility criteria and an authorized Federal, State, or local following occurs: (1) The person fails to
individualized assessment of enforcement official. comply with the terms and conditions
information submitted by each
V. Preemption of the exemption; (2) the exemption has
applicant. The qualifications,
resulted in a lower level of safety than
experience, and medical condition of During the period the exemption is in was maintained prior to being granted;
each applicant were stated and effect, no State shall enforce any law or or (3) continuation of the exemption
discussed in detail in the July 27, 2017, regulation that conflicts with this would not be consistent with the goals
Federal Register notice (85 FR 35033) exemption with respect to a person and objectives of 49 U.S.C. 31136(e) and
and will not be repeated in this notice. operating under the exemption.
These 47 applicants have had ITDM 31315.
over a range of one to 42 years. These VI. Conclusion Issued on: October 2, 2017.
applicants report no severe Based upon its evaluation of the 47 Larry W. Minor,
hypoglycemic reactions resulting in loss exemption applications, FMCSA Associate Administrator for Policy.
of consciousness or seizure, requiring exempts the following drivers from the [FR Doc. 2017–21897 Filed 10–10–17; 8:45 am]
the assistance of another person, or diabetes requirement in 49 CFR BILLING CODE 4910–EX–P
resulting in impaired cognitive function 391.41(b)(10), subject to the
that occurred without warning requirements cited above:
symptoms, in the past 12 months and no Miguel A. Alicea (CT) DEPARTMENT OF TRANSPORTATION
recurrent (two or more) severe Ralph W. Boyatt (WA)
hypoglycemic episodes in the past five Eduard Braun (AR) Federal Motor Carrier Safety
years. In each case, an endocrinologist Mark A. Brede (MN) Administration
verified that the driver has Lawrence P. Butler (CA) [Docket No. FMCSA–2017–0022]
demonstrated a willingness to properly Keith T. Campbell (TX)
monitor and manage his/her diabetes Larry W. Carruth (AL) Qualification of Drivers; Exemption
mellitus, received education related to Dennis R. Carte (MO) Applications; Vision
diabetes management, and is on a stable Steven B. Carter (NC)
insulin regimen. These drivers report no Gregory L. Crawford (MI) AGENCY: Federal Motor Carrier Safety
other disqualifying conditions, James D. Duvall (VT) Administration (FMCSA), DOT.
including diabetes related Reginald D. Evans (NE) ACTION: Notice of final disposition.
complications. Each meets the vision Daniel F. Foder (NY)
requirement at 49 CFR 391.41(b)(10). Daniel J. Fowler (CT) SUMMARY: FMCSA announces its
Consequently, FMCSA finds that in Michael F. Greene (MA) decision to exempt 22 individuals from
each case exempting these applicants Cindy E. Grimes (NE) the vision requirement in the Federal
asabaliauskas on DSKBBXCHB2PROD with NOTICES
from the diabetes requirement in 49 CFR Leo J. Hoffman, Jr. (PA) Motor Carrier Safety Regulations
391.41(b)(3) is likely to achieve a level Bradley J. Holmstrom (MN) (FMCSRs) to operate a commercial
of safety equal to that existing without Delbert E. Holt (MN) motor vehicle (CMV) in interstate
the exemption. Alexander C. Jennings (NJ) commerce. They are unable to meet the
Calvin W. Johnson (WI) vision requirement in one eye for
IV. Conditions and Requirements Shannon E. Johnson (AZ) various reasons. The exemptions enable
The terms and conditions of the Kenneth E. King (IN) these individuals to operate CMVs in
exemption are provided to the Anthony A. Kronbeck (MN) interstate commerce without meeting
applicants in the exemption document Charles P. Lane, Jr. (AL) the vision requirement in one eye.
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![Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Notices 47311
physically qualified under 49 CFR Issued on: October 2, 2017. 9 a.m. and 5 p.m., Monday through
391.41; (2) each driver must provide a Larry W. Minor, Friday, except Federal holidays.
copy of the ophthalmologist’s or Associate Administrator for Policy. Privacy Act: In accordance with 5
optometrist’s report to the Medical [FR Doc. 2017–21898 Filed 10–10–17; 8:45 am] U.S.C. 553(c), DOT solicits comments
Examiner at the time of the annual BILLING CODE 4910–EX–P
from the public to better inform its
medical examination; and (3) each rulemaking process. DOT posts these
driver must provide a copy of the comments, without edit, including any
annual medical certification to the DEPARTMENT OF TRANSPORTATION personal information the commenter
employer for retention in the driver’s provides, to http://www.regulations.gov,
qualification file, or keep a copy in his/ Federal Motor Carrier Safety as described in the system of records
her driver’s qualification file if he/she is Administration notice (DOT/ALL–14 FDMS), which can
self-employed. The driver must also be reviewed at http://www.dot.gov/
[Docket No. FMCSA–2017–0180]
have a copy of the exemption when privacy.
driving, for presentation to a duly Qualification of Drivers; Exemption II. Background
authorized Federal, State, or local Applications; Epilepsy and Seizure
enforcement official. On August 2, 2017, FMCSA published
Disorders
a notice announcing its decision to grant
V. Preemption AGENCY: Federal Motor Carrier Safety exemptions for four individuals from
During the period the exemption is in Administration (FMCSA), DOT. the epilepsy and seizure disorders
effect, no State shall enforce any law or ACTION: Notice of final disposition. prohibition in 49 CFR 391.41(b)(8) to
regulation that conflicts with this operate a CMV in interstate commerce
exemption with respect to a person SUMMARY: FMCSA announces its and requested comments from the
operating under the exemption. decision to grant exemptions for four public (82 FR 36072). The public
individuals from the requirement in the comment period ended on September 1,
VI. Conclusion Federal Motor Carrier Safety 2017, and no comments were received.
Based upon its evaluation of the 22 Regulations (FMCSRs) that interstate As stated in the previous notice,
exemption applications, FMCSA commercial motor vehicle (CMV) FMCSA has evaluated the eligibility of
exempts the following drivers from the drivers have ‘‘no established medical these applicants and determined that
vision requirement, 49 CFR history or clinical diagnosis of epilepsy granting these exemptions would
391.41(b)(10), subject to the or any other condition which is likely achieve a level of safety equivalent to or
requirements cited above: to cause loss of consciousness or any greater than the level that would be
loss of ability to control a CMV.’’ The achieved by complying with the current
Eddie S. Bennett (MI)
exemptions enable these individuals regulation 49 CFR 391.41(b)(8).
Ray M. Bliss (MN) The physical qualification standard
who have had one or more seizures and
Gary S. Boryk (VA) for drivers regarding epilepsy found in
are taking anti-seizure medication to
Jonathan E. Burt (VT) 49 CFR 391.41(b)(8) states that a person
continue to operate CMVs in interstate
David A. Cooper (WV) commerce. is physically qualified to drive a CMV
Nicholas M. Deschepper (SD) if that person:
DATES: The exemptions were applicable
Frank J. Devitz (PA)
on September 2, 2017. The exemptions Has no established medical history or
John F. Ferguson, Jr. (PA) clinical diagnosis of epilepsy or any other
expire on September 2, 2019.
Dominick P. Fittipaldi (PA) condition which is likely to cause the loss of
FOR FURTHER INFORMATION CONTACT: Ms.
Alvin H. Horgdal (IA) consciousness or any loss of ability to control
Louis R. LeMonds, Jr. (WA) Christine A. Hydock, Chief, Medical a CMV.
Programs Division, (202) 366–4001,
Jonathan Marin (NJ) In addition to the regulations, FMCSA
fmcsamedical@dot.gov, FMCSA,
Mark E. McNaughton (IA) has published advisory criteria to assist
Department of Transportation, 1200
Louis Neofotistos (MA) Medical Examiners in determining
New Jersey Avenue SE., Room W64–
Josue M. Rodriguez-Espinoza (CA) 224, Washington, DC 20590–0001. whether drivers with certain medical
James R. Rupert (CA) Office hours are from 8:30 a.m. to 5 conditions are qualified to operate a
Christopher J. Schmidt (WI) p.m., ET, Monday through Friday, CMV in interstate commerce. [49 CFR
Brandon L. Siebe (KY) except Federal holidays. If you have part 391, APPENDIX A TO PART 391—
Greg C. Stilson (WY) questions regarding viewing or MEDICAL ADVISORY CRITERIA,
Paul M. Wooton (KY) submitting material to the docket, section H. Epilepsy: § 391.41(b)(8),
Willie C. Young (TX) contact Docket Services, telephone (202) paragraphs 3, 4, and 5.]
Eloy Zuniga (TX) 366–9826. III. Discussion of Comments
In accordance with 49 U.S.C. 31136(e) SUPPLEMENTARY INFORMATION: FMCSA received no comments in this
and 31315, each exemption will be valid preceding.
for two years from the effective date I. Electronic Access
unless revoked earlier by FMCSA. The You may see all the comments online IV. Conclusion
exemption will be revoked if the through the Federal Document Based upon its evaluation of the four
asabaliauskas on DSKBBXCHB2PROD with NOTICES
following occurs: (1) The person fails to Management System (FDMS) at: http:// exemption applications and comments
comply with the terms and conditions www.regulations.gov. received, FMCSA announces its’
of the exemption; (2) the exemption has Docket: For access to the docket to decision to exempt the following drivers
resulted in a lower level of safety than read background documents or from the epilepsy and seizure disorders
was maintained prior to being granted; comments, go to http:// prohibition in 49 CFR 391.41 (b)(8):
or (3) continuation of the exemption www.regulations.gov and/or Room As of September 2, 2017, and in
would not be consistent with the goals W12–140 on the ground level of the accordance with 49 U.S.C. 31136(e) and
and objectives of 49 U.S.C. 31136 and West Building, 1200 New Jersey 31315, the following four individuals
31315. Avenue, SE., Washington, DC, between have satisfied the conditions for
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Document Created: 2018-10-25 09:58:18
Document Modified: 2018-10-25 09:58:18
| 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 September 12, 2017. The exemptions expire on September 12, 2019. Each group of exemptions were applicable on the dates stated in the discussions below and will expire on the dates stated in the discussions below. | |
| 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 47309 |
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