83 FR 24151 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 101 (May 24, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 101 (May 24, 2018)
| Page Range | 24151-24153 | |
| FR Document | 2018-11124 |
[Federal Register Volume 83, Number 101 (Thursday, May 24, 2018)] [Notices] [Pages 24151-24153] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-11124] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2017-0028] 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 23 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 March 17, 2018. The exemptions expire on March 17, 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 [[Page 24152]] 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 February 14, 2018, FMCSA published a notice announcing receipt of applications from 23 individuals requesting an exemption from vision requirement in 49 CFR 391.41(b)(10) and requested comments from the public (83 FR 6681). The public comment period ended on March 16, 2018, and no 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 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 February 14, 2018, Federal Register notice (83 FR 6681) 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 23 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, complete loss of vision, corneal scarring, macular scarring, nystagmus, prosthesis, retinal detachment, retinal scarring, and retinal vein occlusion. In most cases, their eye conditions were not recently developed. Fourteen 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 3 to 41 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 95 years. In the past three years, no drivers were involved in crashes, and one driver was convicted of moving violations in a CMV. 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. [[Page 24153]] 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 23 exemption applications, FMCSA exempts the following drivers from the vision requirement, 49 CFR 391.41(b)(10), subject to the requirements cited above: Michael W. Belknap (VT) Scott M. Cavanaugh (OK) James M. Ferry (OH) Jacob A. Hehr (IL) Mike B. Houston (OR) Marvin R. Knecht (ND) Paul H. Knott (ND) Randolph W. Lewis (CA) John M. Moore (LA) Martin Munoz (TX) Edwin Quiles (FL) Vernon L. Reed (OR) Joshua A. Rhynd (ME) Douglass L. Riddell (CA) Michael C. Stevelman (NJ) Sedrick Straughter (IL) Michael Talley (OK) Edward G. Thurston, III (TX) Gerald A. Vaughn (OH) John Henrey R. Viljoen (ND) Kenneth E. Wheland (PA) Richard E. Wixom (MI) Mohammad J. Yousufzai (NJ) 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: May 16, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-11124 Filed 5-23-18; 8:45 am] BILLING CODE 4910-EX-P
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1. FMCSA will provide a random American Academy of Sleep Medicine, drivers. FMCSA has considered this
sample of 12,000 drivers obtained by and the Owner-Operator Independent suggestion, but believes that employers
cross-referencing a random sample of Drivers Association. All parties and carriers would not necessarily know
records from the Commercial Driver’s acknowledged that longer commute how long an individual employee is
License Information System (CDLIS) times can lead to excessive fatigue, commuting. Every driver has a unique
data with the licensing States’ particularly for professional drivers. circumstance with their commute, and
Commercial Driver’s License (CDL) The 22 comments that were deemed this information collection is aimed at
driver histories. The samples will be to be not relevant to this information better understanding the dynamics of
divided into one list for drivers who collection addressed the Electronic individual drivers’ commutes.
operate (or previously operated) freight Logging Device (ELD) mandate or the Public Comments Invited: You are
vehicles and a second list for those who 14-hour rule in the current Hours-of- asked to comment on any aspect of this
drive (or previously drove) passenger- Service regulations, but did not mention information collection, including: (1)
carrying vehicles. or comment on driver commuting time Whether the proposed collection is
2. The sample of drivers obtained or safety impacts. All of these comments necessary for the FMCSA to perform its
from CDLIS data will also be queried in were received from individuals. functions; (2) the accuracy of the
MCMIS for safety results of these The 11 comments received that were estimated burden; (3) ways for the
drivers; this data will be used to assess simply informative in nature, or neutral FMCSA to enhance the quality,
non-response bias and to compare safety to the study, were submitted by usefulness, and clarity of the collected
records of responding drivers with their individuals. The majority of these information; and (4) ways that the
survey responses on commuting times. comments gave insight into these burden could be minimized without
To the extent possible, MCMIS data may drivers’ commute times and how they reducing the quality of the collected
be used to try to verify whether drivers commute. One commenter noted that information.
with a passenger endorsement on their the survey was fine as long as it was
voluntary and not mandated; as stated Issued under the authority delegated in 49
CDL are, in fact, passenger bus drivers.
CFR 1.87 on May 16, 2018.
3. Using a mail-Web methodology, the earlier in this notice, this will be a
driver commute survey will be sent out voluntary survey and each individual G. Kelly Regal,
by the research team, on behalf of question on the survey will be Associate Administrator for Office of
FMCSA, to the 12,000 selected drivers voluntary. All survey materials will Research and Information Technology.
identified in step 1. These drivers will reinforce this information. [FR Doc. 2018–11129 Filed 5–23–18; 8:45 am]
be solicited to complete an online The 326 negative comments received BILLING CODE 4910–EX–P
survey, using a recruitment letter (with were all from individuals (mostly
a $2 pre-incentive), a reminder postcard, drivers) and not organizations. These
and a second follow-up letter. The letter comments expressed that the survey is DEPARTMENT OF TRANSPORTATION
will inform the drivers that they will an invasion of privacy and that any
receive a check for $10 upon completion attempt to regulate a commute would be Federal Motor Carrier Safety
of the survey, which is expected to equivalent to the Government telling Administration
average 20 minutes to complete. Our working citizens how far they can live [Docket No. FMCSA–2017–0028]
initial expectation is that 4.17 percent of from work, which would be
the 12,000 (500) will complete the unconstitutional. Additionally, several Qualification of Drivers; Exemption
survey on the Web. The burden analysis felt that it was unfairly targeting drivers Applications; Vision
is based on this figure of 500 responses. and if conducted should be expanded to
AGENCY: Federal Motor Carrier Safety
the general public, as they also may
III. Comments Received on the 60-Day Administration (FMCSA), DOT.
have longer commuting times.
Federal Register Notice of This While FMCSA appreciates these ACTION: Notice of final disposition.
Proposed Information Collection views, the agency’s mission is focused
Request SUMMARY: FMCSA announces its
solely on safety of the CMV operations,
decision to exempt 23 individuals from
The Agency received 381 comments and it has no authority to regulate non-
the vision requirement in the Federal
in response to this notice, of which 18 CMV commuters; therefore, it does not
Motor Carrier Safety Regulations
were supportive of the study, 22 were conduct surveys of the general public
(FMCSRs) to operate a commercial
deemed not relevant to this information unrelated to CMV safety. FMCSA is
motor vehicle (CMV) in interstate
collection, 11 were neutral or provided aware that the National Institute of
commerce. They are unable to meet the
information regarding the proposed Health is currently working on surveys
vision requirement in one eye for
topic of driver commuting, 326 were relating to commuting times for other
various reasons. The exemptions enable
negative toward the study (one of these professions than commercial drivers.
these individuals to operate CMVs in
comments was a duplicate posting and None of these comments were
interstate commerce without meeting
two of the comments were second actionable, as FMCSA has no plans, nor
the vision requirement in one eye.
submissions from one individual), and legal authority, to regulate non-CMV
four were suggestions for the study. commuting distances. The survey is DATES: The exemptions were applicable
The 18 comments received in support completely voluntary and is not on March 17, 2018. The exemptions
of the information collection request intended to support a mandate or expire on March 17, 2020.
focused on the impacts commuting can regulate driver commutes, but will help FOR FURTHER INFORMATION CONTACT: Ms.
have on commercial drivers, and Christine A. Hydock, Chief, Medical
sradovich on DSK3GMQ082PROD with NOTICES
the agency gain further insights into
suggested it could be beneficial to look commuting times experienced by Programs Division, (202) 366–4001,
at whether a commute should be commercial drivers. fmcsamedical@dot.gov, FMCSA,
included in a driver’s hours-of-service Of the four comments that provided Department of Transportation, 1200
and properly accounted for. The suggestions on the proposed New Jersey Avenue SE, Room W64–224,
majority of these comments came from information collection, three suggested Washington, DC 20590–0001. Office
individuals, as well as the National that the survey should be sent to carriers hours are from 8:30 a.m. to 5 p.m., e.t.,
Transportation Safety Board, the and employers instead of individual Monday through Friday, except Federal
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![Federal Register / Vol. 83, No. 101 / Thursday, May 24, 2018 / Notices 24153
VI. Preemption DEPARTMENT OF TRANSPORTATION Avenue SE, Washington, DC, between 9
a.m. and 5 p.m., e.t., Monday through
During the period the exemption is in Federal Motor Carrier Safety Friday, except Federal holidays. The
effect, no State shall enforce any law or Administration FDMS is available 24 hours each day,
regulation that conflicts with this 365 days each year. If you want
exemption with respect to a person [Docket No. FMCSA–2018–0052]
acknowledgment that we received your
operating under the exemption. Qualification of Drivers; Exemption comments, please include a self-
Applications; Epilepsy and Seizure addressed, stamped envelope or
VII. Conclusion
Disorders postcard or print the acknowledgement
Based upon its evaluation of the 23 page that appears after submitting
exemption applications, FMCSA AGENCY: Federal Motor Carrier Safety comments online.
exempts the following drivers from the Administration (FMCSA), DOT. Privacy Act: In accordance with 5
vision requirement, 49 CFR ACTION: Notice of applications for U.S.C. 553(c), DOT solicits comments
391.41(b)(10), subject to the exemption; request for comments. from the public to better inform its
requirements cited above: rulemaking process. DOT posts these
SUMMARY: FMCSA announces receipt of comments, without edit, including any
Michael W. Belknap (VT) applications from seven individuals for personal information the commenter
Scott M. Cavanaugh (OK) an exemption from the prohibition in provides, to http://www.regulations.gov,
the Federal Motor Carrier Safety as described in the system of records
James M. Ferry (OH) Regulations (FMCSRs) against persons notice (DOT/ALL–14 FDMS), which can
Jacob A. Hehr (IL) with a clinical diagnosis of epilepsy or be reviewed at http://www.dot.gov/
Mike B. Houston (OR) any other condition that is likely to privacy.
cause a loss of consciousness or any loss
Marvin R. Knecht (ND) FOR FURTHER INFORMATION CONTACT: Ms.
of ability to control a commercial motor
Christine A. Hydock, Chief, Medical
Paul H. Knott (ND) vehicle (CMV) to drive in interstate
Programs Division, (202) 366–4001,
Randolph W. Lewis (CA) commerce. If granted, the exemptions
fmcsamedical@dot.gov, FMCSA,
would enable these individuals who
John M. Moore (LA) Department of Transportation, 1200
have had one or more seizures and are
New Jersey Avenue SE, Room W64–224,
Martin Munoz (TX) taking anti-seizure medication to
Washington, DC 20590–0001. Office
Edwin Quiles (FL) operate CMVs in interstate commerce.
hours are 8:30 a.m. to 5 p.m., e.t.,
DATES: Comments must be received on Monday through Friday, except Federal
Vernon L. Reed (OR)
or before June 25, 2018. holidays. If you have questions
Joshua A. Rhynd (ME)
ADDRESSES: You may submit comments regarding viewing or submitting
Douglass L. Riddell (CA) bearing the Federal Docket Management material to the docket, contact Docket
Michael C. Stevelman (NJ) System (FDMS) Docket No. FMCSA– Services, telephone (202) 366–9826.
2018–0052 using any of the following SUPPLEMENTARY INFORMATION:
Sedrick Straughter (IL)
methods:
Michael Talley (OK) • Federal eRulemaking Portal: Go to I. Background
Edward G. Thurston, III (TX) http://www.regulations.gov. Follow the Under 49 U.S.C. 31136(e) and 31315,
online instructions for submitting FMCSA may grant an exemption from
Gerald A. Vaughn (OH)
comments. the FMCSRs for a five-year period if it
John Henrey R. Viljoen (ND) • Mail: Docket Management Facility; finds ‘‘such exemption would likely
Kenneth E. Wheland (PA) U.S. Department of Transportation, 1200 achieve a level of safety that is
Richard E. Wixom (MI) New Jersey Avenue SE, West Building equivalent to or greater than the level
Ground Floor, Room W12–140, that would be achieved absent such
Mohammad J. Yousufzai (NJ) Washington, DC 20590–0001. exemption.’’ The statute also allows the
In accordance with 49 U.S.C. 31136(e) • Hand Delivery: West Building Agency to renew exemptions at the end
and 31315, each exemption will be valid Ground Floor, Room W12–140, 1200 of the five-year period. FMCSA grants
for two years from the effective date New Jersey Avenue SE, Washington, exemptions from the FMCSRs for a two-
unless revoked earlier by FMCSA. The DC, between 9 a.m. and 5 p.m., e.t., year period to align with the maximum
exemption will be revoked if the Monday through Friday, except Federal duration of a driver’s medical
Holidays. certification.
following occurs: (1) The person fails to
• Fax: 1–202–493–2251. The seven individuals listed in this
comply with the terms and conditions
Instructions: Each submission must notice have requested an exemption
of the exemption; (2) the exemption has include the Agency name and the from the epilepsy and seizure disorders
resulted in a lower level of safety than docket number(s) for this notice. Note prohibition in 49 CFR 391.41(b)(8).
was maintained prior to being granted; that all comments received will be Accordingly, the Agency will evaluate
or (3) continuation of the exemption posted without change to http:// the qualifications of each applicant to
would not be consistent with the goals www.regulations.gov, including any determine whether granting the
and objectives of 49 U.S.C. 31136 and personal information provided. Please exemption will achieve the required
31315. see the Privacy Act heading below for
sradovich on DSK3GMQ082PROD with NOTICES
level of safety mandated by statute.
Issued on: May 16, 2018. further information. The physical qualification standard
Larry W. Minor, Docket: For access to the docket to for drivers regarding epilepsy found in
read background documents or 49 CFR 391.41(b)(8) states that a person
Associate Administrator for Policy.
comments, go to http:// is physically qualified to drive a CMV
[FR Doc. 2018–11124 Filed 5–23–18; 8:45 am]
www.regulations.gov at any time or if that person has no established
BILLING CODE 4910–EX–P Room W12–140 on the ground level of medical history or clinical diagnosis of
the West Building, 1200 New Jersey epilepsy or any other condition which
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Document Created: 2018-05-24 00:05:01
Document Modified: 2018-05-24 00:05:01
| 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 March 17, 2018. The exemptions expire on March 17, 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 24151 |
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