83 FR 2289 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 10 (January 16, 2018)

Page Range		2289-2291
FR Document		2018-00599

FMCSA announces its decision to exempt 25 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 10 (Tuesday, January 16, 2018)

[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)]
[Notices]
[Pages 2289-2291]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00599]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0023]


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 25 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 October 19, 2017. The 
exemptions expire on October 19, 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.

[[Page 2290]]

    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 September 18, 2017, FMCSA published a notice announcing receipt 
of applications from 25 individuals requesting an exemption from vision 
requirement in 49 CFR 391.41(b)(10) and requested comments from the 
public (82 FR 43647). The public comment period ended on October 18, 
2017, and three comments were received.
    FMCSA has evaluated the eligibility of these applicants and 
determined that granting the exemptions to these individuals would 
achieve a level of safety equivalent to or greater than the level that 
would be achieved by complying with the current regulation 49 CFR 
391.41(b)(10).
    The physical qualification standard for drivers regarding vision 
found in 49 CFR 391.41(b)(10) states that a person is physically 
qualified to drive a CMV if that person has distant visual acuity of at 
least 20/40 (Snellen) in each eye without corrective lenses or visual 
acuity separately corrected to 20/40 (Snellen) or better with 
corrective lenses, distant binocular acuity of a least 20/40 (Snellen) 
in both eyes with or without corrective lenses, field of vision of at 
least 70[deg] in the horizontal meridian in each eye, and the ability 
to recognize the colors of traffic signals and devices showing red, 
green, and amber.

III. Discussion of Comments

    FMCSA received three comments in this proceeding. Mr. Cory Manthei 
commented however his comments are out of scope for this office. Mr. 
Ryan Pitre commented that FMCSA should revisit the vision 
qualifications and stated that these are new regulations. In July 1992, 
the Agency first published the criteria for the Vision Waiver Program, 
and are therefore not new regulations. Mr. Brian Weaver commented that 
he believes that if a driver is able to back a trailer in a safe manner 
then those drivers are okay to obtain a vision exemption. FMCSA has 
established program criteria drivers must meet in order to obtain a 
Federal vision exemption, functional testing is not one of them.

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 September 18, 2017, Federal 
Register notice (82 FR 43647) 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 25 
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, cataract, chorioretinal scar, 
complete loss of vision, fibrotic scarring, macular coloboma, phthisis 
bulbi, prosthetic eye, retinal detachment, retinal neovascularization, 
and retinal scarring. 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 six 
individuals that sustained their vision conditions as adults have had 
it for a range of four to 45 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 five to 56 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

[[Page 2291]]

exemption with respect to a person operating under the exemption.

VII. Conclusion

    Based upon its evaluation of the 25 exemption applications, FMCSA 
exempts the following drivers from the vision requirement, 49 CFR 
391.41(b)(10), subject to the requirements cited above:

Paul A. Bartels (WI)
Harold J. Bartley, Jr. (KY)
Charles C. Berns (IA)
Eric L. Boyle, Jr. (MD)
Jeremiah E. Casey (MO)
Leonard M. Cassieri (CA)
Randy J. Conrad (IA)
Jimmie E. Curtis (NM)
Daniel E. Delano (VA)
Jonathan P. Edwards (PA)
James A. Green (IL)
Richard Healy (MD)
Tommy G. Hillis (TX)
Richard A. Honstad (MN)
Stephen M. Lovell (TX)
Thomas P. Maio (ME)
Carlos Marquez (WI)
Jason L. McBride (MI)
Dennis M. Olson (WI)
Kameron W. Quinalty (AR)
Daniel C. Sagert (WI)
Robert D. Steele (WA)
Richard C. Strassburg (NY)
Jeremy E. Studebaker (IN)
Daniel D. Woodworth (LA)

    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: January 5, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-00599 Filed 1-12-18; 8:45 am]
 BILLING CODE 4910-EX-P

2290 Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices

Privacy Act: In accordance with 5 IV. Basis for Exemption Determination built to interstate standards. Moreover,
U.S.C. 553(c), DOT solicits comments Under 49 U.S.C. 31136(e) and 31315, driving in congested urban areas
from the public to better inform its FMCSA may grant an exemption from exposes the driver to more pedestrian
rulemaking process. DOT posts these the vision standard in 49 CFR and vehicular traffic than exists on
comments, without edit, including any 391.41(b)(10) if the exemption is likely interstate highways. Faster reaction to
personal information the commenter to achieve an equivalent or greater level traffic and traffic signals is generally
provides, to http://www.regulations.gov, of safety than would be achieved required because distances between
as described in the system of records without the exemption. The exemption them are more compact. These
notice (DOT/ALL–14 FDMS), which can allows applicants to operate CMVs in conditions tax visual capacity and
be reviewed at http://www.dot.gov/ interstate commerce. driver response just as intensely as
privacy. The Agency’s decision regarding these interstate driving conditions.
II. Background exemption applications is based on The applicants in this notice have
medical reports about the applicants’ driven CMVs with their limited vision
On September 18, 2017, FMCSA vision as well as their driving records in careers ranging for five to 56 years.
published a notice announcing receipt and experience driving with the vision In the past three years, one driver was
of applications from 25 individuals deficiency. The qualifications, involved in a crash, and two drivers
requesting an exemption from vision experience, and medical condition of were convicted of moving violations in
requirement in 49 CFR 391.41(b)(10) each applicant were stated and CMVs. All the applicants achieved a
and requested comments from the discussed in detail in the September 18, record of safety while driving with their
public (82 FR 43647). The public 2017, Federal Register notice (82 FR vision impairment, demonstrating the
comment period ended on October 18, 43647) and will not be repeated in this likelihood that they have adapted their
2017, and three comments were notice. driving skills to accommodate their
received. FMCSA recognizes that some drivers condition. As the applicants’ ample
FMCSA has evaluated the eligibility do not meet the vision requirement but driving histories with their vision
of these applicants and determined that have adapted their driving to deficiencies are good predictors of
granting the exemptions to these accommodate their limitation and future performance, FMCSA concludes
individuals would achieve a level of demonstrated their ability to drive their ability to drive safely can be
safety equivalent to or greater than the safely. The 25 exemption applicants projected into the future.
level that would be achieved by listed in this notice are in this category. Consequently, FMCSA finds that in
complying with the current regulation They are unable to meet the vision each case exempting these applicants
49 CFR 391.41(b)(10). requirement in one eye for various from the vision requirement in 49 CFR
The physical qualification standard reasons, including amblyopia, aphakia, 391.41(b)(10) is likely to achieve a level
for drivers regarding vision found in 49 cataract, chorioretinal scar, complete of safety equal to that existing without
CFR 391.41(b)(10) states that a person is loss of vision, fibrotic scarring, macular the exemption.
physically qualified to drive a CMV if coloboma, phthisis bulbi, prosthetic eye, V. Conditions and Requirements
that person has distant visual acuity of retinal detachment, retinal
at least 20/40 (Snellen) in each eye neovascularization, and retinal scarring. The terms and conditions of the
without corrective lenses or visual In most cases, their eye conditions were exemption are provided to the
acuity separately corrected to 20/40 not recently developed. Nineteen of the applicants in the exemption document
(Snellen) or better with corrective applicants were either born with their and includes the following: (1) Each
lenses, distant binocular acuity of a least vision impairments or have had them driver must be physically examined
20/40 (Snellen) in both eyes with or since childhood. The six individuals every year (a) by an ophthalmologist or
without corrective lenses, field of vision that sustained their vision conditions as optometrist who attests that the vision
of at least 70° in the horizontal meridian adults have had it for a range of four to in the better eye continues to meet the
in each eye, and the ability to recognize 45 years. Although each applicant has standard in 49 CFR 391.41(b)(10) and (b)
the colors of traffic signals and devices one eye which does not meet the vision by a certified Medical Examiner who
showing red, green, and amber. requirement in 49 CFR 391.41(b)(10), attests that the individual is otherwise
each has at least 20/40 corrected vision physically qualified under 49 CFR
III. Discussion of Comments
in the other eye, and in a doctor’s 391.41; (2) each driver must provide a
FMCSA received three comments in opinion, has sufficient vision to perform copy of the ophthalmologist’s or
this proceeding. Mr. Cory Manthei all the tasks necessary to operate a CMV. optometrist’s report to the Medical
commented however his comments are Doctors’ opinions are supported by Examiner at the time of the annual
out of scope for this office. Mr. Ryan the applicants’ possession of a valid medical examination; and (3) each
Pitre commented that FMCSA should license to operate a CMV. By meeting driver must provide a copy of the
revisit the vision qualifications and State licensing requirements, the annual medical certification to the
stated that these are new regulations. In applicants demonstrated their ability to employer for retention in the driver’s
July 1992, the Agency first published operate a CMV, with their limited vision qualification file, or keep a copy in his/
the criteria for the Vision Waiver in intrastate commerce, even though her driver’s qualification file if he/she is
Program, and are therefore not new their vision disqualified them from self-employed. The driver must also
regulations. Mr. Brian Weaver driving in interstate commerce. We have a copy of the exemption when
commented that he believes that if a believe that the applicants’ intrastate driving, for presentation to a duly
daltland on DSKBBV9HB2PROD with NOTICES

driver is able to back a trailer in a safe driving experience and history provide authorized Federal, State, or local
manner then those drivers are okay to an adequate basis for predicting their enforcement official.
obtain a vision exemption. FMCSA has ability to drive safely in interstate
VI. Preemption
established program criteria drivers commerce. Intrastate driving, like
must meet in order to obtain a Federal interstate operations, involves During the period the exemption is in
vision exemption, functional testing is substantial driving on highways on the effect, no State shall enforce any law or
not one of them. interstate system and on other roads regulation that conflicts with this

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Document Created: 2018-01-13 02:02:48
Document Modified: 2018-01-13 02:02:48

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 October 19, 2017. The exemptions expire on October 19, 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		83 FR 2289

83 FR 2289 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 10 (January 16, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration