83 FR 18648 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 82 (April 27, 2018)

Page Range		18648-18649
FR Document		2018-08913

FMCSA announces its decision to exempt 18 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 82 (Friday, April 27, 2018)

[Federal Register Volume 83, Number 82 (Friday, April 27, 2018)]
[Notices]
[Pages 18648-18649]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08913]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0026]


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 18 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 February 16, 2018. The 
exemptions expire on February 16, 2020.

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 January 16, 2018, FMCSA published a notice announcing receipt of 
applications from 18 individuals requesting an exemption from vision 
requirement in 49 CFR 391.41(b)(10) and requested comments from the 
public (83 FR 2311). The public comment period ended on February 15, 
2018, 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. Vanessa Jones 
commented that drivers with a visual deficiency should have to take a 
specific driving test to demonstrate safe operation with the deficiency 
rather than relying on a review of the driving record to determine 
their level of safety. In addition, she indicated that vision exempted 
drivers should not be seen by an optometrist and instead should be seen 
by a specialized eye doctor.
    FMCSA conducts a thorough review of a 3-year Commercial and 
Personal Driving record in conjunction with actual driving experience 
with their vision deficiency to determine if an equivalent or greater 
level of safety is likely to be achieved by granting the exemptions as 
would be without the exemptions. Drivers are not granted a Commercial 
Driver's License (CDL) by the Federal Government but by their State. 
Each state has specific skill testing requirements that must be met.
    FMCSA has utilized a Medical Expert Panel consisting of a team of 
Medical Doctors who have extensively researched and recommended the 
process that the Agency follows to qualify these drivers. FMCSA 
requires all individuals applying for a vision

[[Page 18649]]

exemption to be evaluated by an optometrist or ophthalmologist. Both 
optometrists and ophthalmologists are medically qualified to evaluate 
the applicant's eye conditions when applying to the vision exemption 
program. The examination includes identifying and defining the nature 
of the vision deficiency, how long the deficiency has been present, 
stability, visual acuity, field of vision, and color vision.

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 January 16, 2018, Federal 
Register notice (83 FR 2311) 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 18 
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, cataracts, central scarring, 
complete loss of vision, glaucoma, macular scarring, retinal 
detachment, retinal scarring. 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 nine 
individuals that sustained their vision conditions as adults have had 
it for a range of 4 to 26 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 3 to 70 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 exemption with 
respect to a person operating under the exemption.

VII. Conclusion

    Based upon its evaluation of the 18 exemption applications, FMCSA 
exempts the following drivers from the vision requirement, 49 CFR 
391.41(b)(10), subject to the requirements cited above:

Michael H. Eheler, II (WI)
Roberto Espinosa (FL)
Lee J. Gaffney (OH)
Mark S. Hale (AL)
Raymundo Maldonado (TX)
Mickey D. McCoy (TN)
Colin D. McGregor (WI)
Thomas B. Miller (VA)
Ryan J. Plank (PA)
Donald J. Poague (GA)
Jose R. Ponce (TX)
Ronald F. Prezzia (IL)
Jorge A. Rodriguez (CA)
Jimmy W. Rowland (FL)
Aaron R. Rupe (IL)
Charles L. Sauls (FL)
Gery M. Shoultz (IN)
Juan D. Zertuche, Jr. (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: April 23, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-08913 Filed 4-26-18; 8:45 am]
 BILLING CODE 4910-EX-P

18648 Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Notices

provide a level of safety that would be DEPARTMENT OF TRANSPORTATION II. Background
equivalent to or greater than, the level On January 16, 2018, FMCSA
of safety that would be obtained by Federal Motor Carrier Safety
published a notice announcing receipt
complying with the regulation 49 CFR Administration
of applications from 18 individuals
391.41(b)(3). Therefore, the 17 [Docket No. FMCSA–2017–0026] requesting an exemption from vision
applicants in this notice have been requirement in 49 CFR 391.41(b)(10)
denied exemptions from the physical Qualification of Drivers; Exemption and requested comments from the
qualification standards in 49 CFR Applications; Vision public (83 FR 2311). The public
391.41(b)(3). comment period ended on February 15,
Each applicant has, prior to this AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT. 2018, and one comment was received.
notice, received a letter of final FMCSA has evaluated the eligibility
disposition regarding his/her exemption ACTION: Notice of final disposition.
of these applicants and determined that
request. Those decision letters fully granting the exemptions to these
outlined the basis for the denial and SUMMARY: FMCSA announces its
decision to exempt 18 individuals from individuals would achieve a level of
constitutes final action by the Agency. safety equivalent to or greater than the
This notice summarizes the Agency’s the vision requirement in the Federal
Motor Carrier Safety Regulations level that would be achieved by
recent denials as required under 49 complying with the current regulation
U.S.C. 31315(b)(4) by periodically (FMCSRs) to operate a commercial
motor vehicle (CMV) in interstate 49 CFR 391.41(b)(10).
publishing names and reasons for The physical qualification standard
denial. commerce. They are unable to meet the
vision requirement in one eye for for drivers regarding vision found in 49
The following six applicants have had CFR 391.41(b)(10) states that a person is
more than one hypoglycemic episode various reasons. The exemptions enable
these individuals to operate CMVs in physically qualified to driver a CMV if
requiring hospitalization or the that person has distant visual acuity of
assistance of others, or has had one such interstate commerce without meeting
the vision requirement in one eye. at least 20/40 (Snellen) in each eye
episode but has not had one year of without corrective lenses or visual
stability following the episode: DATES: The exemptions were applicable
acuity separately corrected to 20/40
Michael W. Boyll (IN) on February 16, 2018. The exemptions (Snellen) or better with corrective
expire on February 16, 2020. lenses, distant binocular acuity of a least
Robert T. Mitchell (CA)
Todd E. Bakner (PA) FOR FURTHER INFORMATION CONTACT: Ms. 20/40 (Snellen) in both eyes with or
Donald J. Glass (AR) Christine A. Hydock, Chief, Medical without corrective lenses, field of vision
Cameron C. Kenyon (WA) Programs Division, (202) 366–4001, of at least 70° in the horizontal meridian
Mark E. Jordan (IN) fmcsamedical@dot.gov, FMCSA, in each eye, and the ability to recognize
Department of Transportation, 1200 the colors of traffic signals and devices
The following two applicants had New Jersey Avenue SE, Room W64–224,
other medical conditions making the showing red, green, and amber.
Washington, DC 20590–0001. Office
applicant otherwise unqualified under hours are from 8:30 a.m. to 5 p.m., e.t., III. Discussion of Comments
the Federal Motor Carrier Safety Monday through Friday, except Federal FMCSA received one comment in this
Regulations: Rodney Purcell (NY); Bruce holidays. If you have questions proceeding. Vanessa Jones commented
A. Hammond (GA). regarding viewing or submitting that drivers with a visual deficiency
The following seven applicants did material to the docket, contact Docket should have to take a specific driving
not have endocrinologists willing to Services, telephone (202) 366–9826. test to demonstrate safe operation with
make statements that they are able to the deficiency rather than relying on a
SUPPLEMENTARY INFORMATION:
operate CMVs from a diabetes review of the driving record to
standpoint: I. Electronic Access determine their level of safety. In
John W. Ringbloom (PA) You may see all the comments online addition, she indicated that vision
Travis L. Reese (MA) through the Federal Document exempted drivers should not be seen by
Ronald J. Marchewka (PA) Management System (FDMS) at http:// an optometrist and instead should be
Gregory W. Bell (NJ) www.regulations.gov. seen by a specialized eye doctor.
David W. DeGraw (NJ) Docket: For access to the docket to FMCSA conducts a thorough review
John A. Bright (PA) read background documents or of a 3-year Commercial and Personal
Dennis F. Comp (PA) comments, go to http:// Driving record in conjunction with
The following applicant, Peter E. www.regulations.gov and/or Room actual driving experience with their
Halter (NJ), is unable or has not W12–140 on the ground level of the vision deficiency to determine if an
demonstrated willingness to properly West Building, 1200 New Jersey Avenue equivalent or greater level of safety is
monitor and manage his diabetes, SE, Washington, DC, between 9 a.m. and likely to be achieved by granting the
whether by a personal decision or 5 p.m., e.t., Monday through Friday, exemptions as would be without the
medical inability. except Federal holidays. exemptions. Drivers are not granted a
The following applicant, Gerald D. Privacy Act: In accordance with 5 Commercial Driver’s License (CDL) by
Tower, Jr. (MI), has peripheral U.S.C. 553(c), DOT solicits comments the Federal Government but by their
neuropathy or circulatory insufficiency from the public to better inform its State. Each state has specific skill
of the extremities likely to interfere with rulemaking process. DOT posts these testing requirements that must be met.
daltland on DSKBBV9HB2PROD with NOTICES

the ability to operate a CMV. comments, without edit, including any FMCSA has utilized a Medical Expert
personal information the commenter Panel consisting of a team of Medical
Issued on: April 23, 2018. provides, to http://www.regulations.gov, Doctors who have extensively
Larry W. Minor, as described in the system of records researched and recommended the
Associate Administrator for Policy. notice (DOT/ALL–14 FDMS), which can process that the Agency follows to
[FR Doc. 2018–08910 Filed 4–26–18; 8:45 am] be reviewed at http://www.dot.gov/ qualify these drivers. FMCSA requires
BILLING CODE 4910–EX–P privacy. all individuals applying for a vision

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Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Notices 18649

exemption to be evaluated by an their vision disqualified them from have a copy of the exemption when
optometrist or ophthalmologist. Both driving in interstate commerce. We driving, for presentation to a duly
optometrists and ophthalmologists are believe that the applicants’ intrastate authorized Federal, State, or local
medically qualified to evaluate the driving experience and history provide enforcement official.
applicant’s eye conditions when an adequate basis for predicting their
VI. Preemption
applying to the vision exemption ability to drive safely in interstate
program. The examination includes commerce. Intrastate driving, like During the period the exemption is in
identifying and defining the nature of interstate operations, involves effect, no State shall enforce any law or
the vision deficiency, how long the substantial driving on highways on the regulation that conflicts with this
deficiency has been present, stability, interstate system and on other roads exemption with respect to a person
visual acuity, field of vision, and color built to interstate standards. Moreover, operating under the exemption.
vision. driving in congested urban areas VII. Conclusion
exposes the driver to more pedestrian
IV. Basis for Exemption Determination Based upon its evaluation of the 18
and vehicular traffic than exists on
Under 49 U.S.C. 31136(e) and 31315, interstate highways. Faster reaction to exemption applications, FMCSA
FMCSA may grant an exemption from traffic and traffic signals is generally exempts the following drivers from the
the vision standard in 49 CFR required because distances between vision requirement, 49 CFR
391.41(b)(10) if the exemption is likely them are more compact. These 391.41(b)(10), subject to the
to achieve an equivalent or greater level conditions tax visual capacity and requirements cited above:
of safety than would be achieved driver response just as intensely as Michael H. Eheler, II (WI)
without the exemption. The exemption interstate driving conditions. Roberto Espinosa (FL)
allows applicants to operate CMVs in The applicants in this notice have Lee J. Gaffney (OH)
interstate commerce. driven CMVs with their limited vision Mark S. Hale (AL)
The Agency’s decision regarding these in careers ranging for 3 to 70 years. In Raymundo Maldonado (TX)
exemption applications is based on Mickey D. McCoy (TN)
the past three years, one driver was Colin D. McGregor (WI)
medical reports about the applicants’ involved in a crash, and two drivers Thomas B. Miller (VA)
vision as well as their driving records were convicted of moving violations in Ryan J. Plank (PA)
and experience driving with the vision CMVs. All the applicants achieved a Donald J. Poague (GA)
deficiency. The qualifications, record of safety while driving with their Jose R. Ponce (TX)
experience, and medical condition of vision impairment, demonstrating the Ronald F. Prezzia (IL)
each applicant were stated and likelihood that they have adapted their Jorge A. Rodriguez (CA)
discussed in detail in the January 16, driving skills to accommodate their Jimmy W. Rowland (FL)
2018, Federal Register notice (83 FR condition. As the applicants’ ample Aaron R. Rupe (IL)
2311) and will not be repeated in this driving histories with their vision Charles L. Sauls (FL)
notice. deficiencies are good predictors of Gery M. Shoultz (IN)
FMCSA recognizes that some drivers future performance, FMCSA concludes Juan D. Zertuche, Jr. (TX)
do not meet the vision requirement but their ability to drive safely can be In accordance with 49 U.S.C. 31136(e)
have adapted their driving to projected into the future. and 31315, each exemption will be valid
accommodate their limitation and Consequently, FMCSA finds that in for two years from the effective date
demonstrated their ability to drive each case exempting these applicants unless revoked earlier by FMCSA. The
safely. The 18 exemption applicants from the vision requirement in 49 CFR exemption will be revoked if the
listed in this notice are in this category. 391.41(b)(10) is likely to achieve a level following occurs: (1) The person fails to
They are unable to meet the vision of safety equal to that existing without comply with the terms and conditions
requirement in one eye for various the exemption. of the exemption; (2) the exemption has
reasons, including amblyopia, aphakia, resulted in a lower level of safety than
cataracts, central scarring, complete loss V. Conditions and Requirements was maintained prior to being granted;
of vision, glaucoma, macular scarring, The terms and conditions of the or (3) continuation of the exemption
retinal detachment, retinal scarring. In exemption are provided to the would not be consistent with the goals
most cases, their eye conditions were applicants in the exemption document and objectives of 49 U.S.C. 31136 and
not recently developed. Nine of the and includes the following: (1) Each 31315.
applicants were either born with their driver must be physically examined Issued on: April 23, 2018.
vision impairments or have had them every year (a) by an ophthalmologist or Larry W. Minor,
since childhood. The nine 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. 2018–08913 Filed 4–26–18; 8:45 am]
adults have had it for a range of 4 to 26 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
daltland on DSKBBV9HB2PROD with NOTICES

Doctors’ opinions are supported by medical examination; and (3) each [Docket No. NHTSA–2018–0056]
the applicants’ possession of a valid driver must provide a copy of the
Request for Information: Improving
license to operate a CMV. By meeting annual medical certification to the
Prehospital Trauma Care
State licensing requirements, the employer for retention in the driver’s
applicants demonstrated their ability to qualification file, or keep a copy in his/ AGENCY: National Highway Traffic
operate a CMV, with their limited vision her driver’s qualification file if he/she is Safety Administration (NHTSA),
in intrastate commerce, even though self-employed. The driver must also Department of Transportation (DOT).

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Document Created: 2018-04-27 01:46:20
Document Modified: 2018-04-27 01:46:20

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 February 16, 2018. The exemptions expire on February 16, 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 18648

83 FR 18648 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 82 (April 27, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration