83 FR 15232 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 68 (April 9, 2018)

Page Range		15232-15233
FR Document		2018-07184

FMCSA announces its decision to exempt 16 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 83 Issue 68 (Monday, April 9, 2018)

[Federal Register Volume 83, Number 68 (Monday, April 9, 2018)]
[Notices]
[Pages 15232-15233]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07184]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0024]


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 16 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 January 11, 2018. The 
exemptions expire on January 11, 2020.

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.
    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 December 11, 2017, FMCSA published a notice announcing receipt 
of applications from 16 individuals requesting an exemption from vision 
requirement in 49 CFR 391.41(b)(10) and requested comments from the 
public (82 FR 58262). The public comment period ended on January 10, 
2018, and two 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 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 two comments in this proceeding. Vicky Johnson 
stated Minnesota Driver and Vehicle Services (DVS) has no objections to 
Russell J. Soland retaining his CDL with the vision exemption. Amnot 
Na[iuml]ve commented that Eric J. Anderson has only two years of 
experience driving straight trucks. Applicants are required to provide 
FMCSA proof of CMV experience to meet exemption eligibility 
requirements. Mr. Anderson provided the required documentation and 
therefore is eligible to receive the exemption.

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

[[Page 15233]]

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 December 11, 2017, Federal 
Register notice (82 FR 58262) 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 16 
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, chorioretinal scar, corneal scar, 
keratoconus, macular edema, nystagmus, optic atrophy, prosthetic eye, 
retinal detachment, and retinal scar. In most cases, their eye 
conditions were not recently developed. Ten 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 4 to 18 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 2 to 46 years. In the past three years, 
no drivers were involved in crashes, and one driver was 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 16 exemption applications, FMCSA 
exempts the following drivers from the vision requirement, 49 CFR 
391.41(b)(10), subject to the requirements cited above:

Eric J. Andersen (CT)
Mason M. Arends (CO)
Darin P. Ball (NY)
Freddie L. Boyd (MI)
Larry W. Buchanan, Jr. (NM)
Gerald R. Eister (NC)
Joseph A. Kennedy (ME)
Kent E. Kirchner (IA)
Veronica D. Lowe (ID)
Michael P. Meyer (WI)
Christopher T. Peevyhouse (TN)
William L. Richardson, Jr. (IN)
Russell J. Soland (MN)
William L. Sunkler (OR)
Brian J. Tegeler (IL)
William H. Wrice, Jr. (OH)

    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: April 2, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-07184 Filed 4-6-18; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15233

without the exemption. The exemption driver response just as intensely as Eric J. Andersen (CT)
allows applicants to operate CMVs in interstate driving conditions. Mason M. Arends (CO)
interstate commerce. The applicants in this notice have Darin P. Ball (NY)
The Agency’s decision regarding these driven CMVs with their limited vision Freddie L. Boyd (MI)
exemption applications is based on in careers ranging for 2 to 46 years. In Larry W. Buchanan, Jr. (NM)
medical reports about the applicants’ the past three years, no drivers were Gerald R. Eister (NC)
vision as well as their driving records involved in crashes, and one driver was Joseph A. Kennedy (ME)
and experience driving with the vision convicted of moving violations in Kent E. Kirchner (IA)
deficiency. The qualifications, CMVs. All the applicants achieved a Veronica D. Lowe (ID)
experience, and medical condition of record of safety while driving with their Michael P. Meyer (WI)
each applicant were stated and vision impairment, demonstrating the Christopher T. Peevyhouse (TN)
discussed in detail in the December 11, likelihood that they have adapted their William L. Richardson, Jr. (IN)
2017, Federal Register notice (82 FR driving skills to accommodate their Russell J. Soland (MN)
58262) and will not be repeated in this condition. As the applicants’ ample William L. Sunkler (OR)
notice. driving histories with their vision Brian J. Tegeler (IL)
FMCSA recognizes that some drivers deficiencies are good predictors of William H. Wrice, Jr. (OH)
do not meet the vision requirement but future performance, FMCSA concludes In accordance with 49 U.S.C. 31136(e)
have adapted their driving to their ability to drive safely can be and 31315, each exemption will be valid
accommodate their limitation and projected into the future. for two years from the effective date
demonstrated their ability to drive Consequently, FMCSA finds that in unless revoked earlier by FMCSA. The
safely. The 16 exemption applicants each case exempting these applicants exemption will be revoked if the
listed in this notice are in this category. from the vision requirement in 49 CFR following occurs: (1) The person fails to
They are unable to meet the vision 391.41(b)(10) is likely to achieve a level comply with the terms and conditions
requirement in one eye for various of safety equal to that existing without of the exemption; (2) the exemption has
reasons, including amblyopia, the exemption. resulted in a lower level of safety than
chorioretinal scar, corneal scar,
V. Conditions and Requirements was maintained prior to being granted;
keratoconus, macular edema,
or (3) continuation of the exemption
nystagmus, optic atrophy, prosthetic The terms and conditions of the
would not be consistent with the goals
eye, retinal detachment, and retinal exemption are provided to the
and objectives of 49 U.S.C. 31136 and
scar. In most cases, their eye conditions applicants in the exemption document
31315.
were not recently developed. Ten of the and includes the following: (1) Each
applicants were either born with their driver must be physically examined Issued on: April 2, 2018.
vision impairments or have had them every year (a) by an ophthalmologist or Larry W. Minor,
since childhood. The six individuals optometrist who attests that the vision Associate Administrator for Policy.
that sustained their vision conditions as in the better eye continues to meet the [FR Doc. 2018–07184 Filed 4–6–18; 8:45 am]
adults have had it for a range of 4 to 18 standard in 49 CFR 391.41(b)(10) and (b) BILLING CODE 4910–EX–P
years. Although each applicant has one by a certified Medical Examiner who
eye which does not meet the vision attests that the individual is otherwise
requirement in 49 CFR 391.41(b)(10), physically qualified under 49 CFR DEPARTMENT OF TRANSPORTATION
each has at least 20/40 corrected vision 391.41; (2) each driver must provide a
in the other eye, and in a doctor’s copy of the ophthalmologist’s or National Highway Traffic Safety
opinion, has sufficient vision to perform optometrist’s report to the Medical Administration
all the tasks necessary to operate a CMV. Examiner at the time of the annual [Docket No. NHTSA–2016–0124; Notice 3]
Doctors’ opinions are supported by medical examination; and (3) each
the applicants’ possession of a valid driver must provide a copy of the General Motors LLC, Receipt of Third
license to operate a CMV. By meeting annual medical certification to the Petition for Inconsequentiality and
State licensing requirements, the employer for retention in the driver’s Notice of Consolidation
applicants demonstrated their ability to qualification file, or keep a copy in his/
operate a CMV, with their limited vision her driver’s qualification file if he/she is AGENCY: National Highway Traffic
in intrastate commerce, even though self-employed. The driver must also Safety Administration (NHTSA),
their vision disqualified them from have a copy of the exemption when Department of Transportation.
driving in interstate commerce. We driving, for presentation to a duly ACTION: Notice of receipt of petition and
believe that the applicants’ intrastate authorized Federal, State, or local decision denying request for deferral of
driving experience and history provide enforcement official. determination.
an adequate basis for predicting their
ability to drive safely in interstate VI. Preemption SUMMARY: On January 2, 2018, TK
commerce. Intrastate driving, like During the period the exemption is in Holdings Inc. (Takata) filed a defect
interstate operations, involves effect, no State shall enforce any law or information report (DIR), in which it
substantial driving on highways on the regulation that conflicts with this determined that a defect existed in
interstate system and on other roads exemption with respect to a person certain passenger-side air bag inflators
built to interstate standards. Moreover, operating under the exemption. that it manufactured, including
driving in congested urban areas passenger inflators that it supplied to
sradovich on DSK3GMQ082PROD with NOTICES

exposes the driver to more pedestrian VII. Conclusion General Motors, LLC (GM) for use in
and vehicular traffic than exists on Based upon its evaluation of the 16 certain GMT900 vehicles. GM has
interstate highways. Faster reaction to exemption applications, FMCSA petitioned the Agency for a decision
traffic and traffic signals is generally exempts the following drivers from the that, because of differences in inflator
required because distances between vision requirement, 49 CFR design and vehicle integration, the
them are more compact. These 391.41(b)(10), subject to the equipment defect determined to exist by
conditions tax visual capacity and requirements cited above: Takata is inconsequential as it relates to

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Document Created: 2018-04-07 02:39:07
Document Modified: 2018-04-07 02:39:07

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 January 11, 2018. The exemptions expire on January 11, 2020.
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		83 FR 15232

83 FR 15232 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 68 (April 9, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration