83 FR 24571 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 103 (May 29, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 103 (May 29, 2018)
| Page Range | 24571-24572 | |
| FR Document | 2018-11440 |
[Federal Register Volume 83, Number 103 (Tuesday, May 29, 2018)] [Notices] [Pages 24571-24572] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-11440] [[Page 24571]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2018-0006] 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 11 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 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 11 individuals requesting an exemption from vision requirement in 49 CFR 391.41(b)(10) and requested comments from the public (83 FR 6694). 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 6694) 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 11 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, central serous chorioretinopathy, corneal scarring, prosthesis, and retinal vein occlusion. 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 two individuals that sustained their vision conditions as adults have had it for a range of 4 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 5 to 90 years. In the past three years, no drivers were involved in crashes, and one driver was convicted of a moving violation 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 [[Page 24572]] 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 11 exemption applications, FMCSA exempts the following drivers from the vision requirement, 49 CFR 391.41(b)(10), subject to the requirements cited above: Russell A. Anklam (WI) Rodney P. Barfield (GA) Kenneth W. Blake, Jr. (KS) Efrain R. Cisneros (CA) Justin D. Craft (AR) James E. Haener (ID) Curvin L. Martin (PA) Robert L. Redding (NC) Gerald L. Wheeler (FL) George J. Worthington, Jr. (NY) Jonas L. Yoder (NE) 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. Dated: May 17, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-11440 Filed 5-25-18; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Notices 24571
DEPARTMENT OF TRANSPORTATION II. Background They are unable to meet the vision
On February 14, 2018, FMCSA requirement in one eye for various
Federal Motor Carrier Safety reasons, including amblyopia, aphakia,
published a notice announcing receipt
Administration central serous chorioretinopathy,
of applications from 11 individuals
[Docket No. FMCSA–2018–0006] requesting an exemption from vision corneal scarring, prosthesis, and retinal
vein occlusion. In most cases, their eye
requirement in 49 CFR 391.41(b)(10)
Qualification of Drivers; Exemption conditions were not recently developed.
and requested comments from the
Applications; Vision Nine of the applicants were either born
public (83 FR 6694). The public
with their vision impairments or have
AGENCY: Federal Motor Carrier Safety comment period ended on March 16,
had them since childhood. The two
Administration (FMCSA), DOT. 2018, and no comments were received.
individuals that sustained their vision
FMCSA has evaluated the eligibility
ACTION: Notice of final disposition. conditions as adults have had it for a
of these applicants and determined that
range of 4 to 23 years. Although each
SUMMARY: FMCSA announces its granting the exemptions to these
applicant has one eye which does not
decision to exempt 11 individuals from individuals would achieve a level of
meet the vision requirement in 49 CFR
the vision requirement in the Federal safety equivalent to or greater than the 391.41(b)(10), each has at least 20/40
Motor Carrier Safety Regulations level that would be achieved by corrected vision in the other eye, and in
(FMCSRs) to operate a commercial complying with the current regulation a doctor’s opinion, has sufficient vision
motor vehicle (CMV) in interstate 49 CFR 391.41(b)(10). to perform all the tasks necessary to
commerce. They are unable to meet the The physical qualification standard operate a CMV.
vision requirement in one eye for for drivers regarding vision found in 49 Doctors’ opinions are supported by
various reasons. The exemptions enable CFR 391.41(b)(10) states that a person is the applicants’ possession of a valid
these individuals to operate CMVs in physically qualified to driver a CMV if license to operate a CMV. By meeting
interstate commerce without meeting that person has distant visual acuity of State licensing requirements, the
the vision requirement in one eye. at least 20/40 (Snellen) in each eye applicants demonstrated their ability to
without corrective lenses or visual operate a CMV, with their limited vision
DATES: The exemptions were applicable
acuity separately corrected to 20/40 in intrastate commerce, even though
on March 17, 2018. The exemptions
(Snellen) or better with corrective their vision disqualified them from
expire on March 17, 2020.
lenses, distant binocular acuity of a least driving in interstate commerce. We
FOR FURTHER INFORMATION CONTACT: Ms. 20/40 (Snellen) in both eyes with or believe that the applicants’ intrastate
Christine A. Hydock, Chief, Medical without corrective lenses, field of vision driving experience and history provide
Programs Division, (202) 366–4001, of at least 70° in the horizontal meridian an adequate basis for predicting their
fmcsamedical@dot.gov, FMCSA, in each eye, and the ability to recognize ability to drive safely in interstate
Department of Transportation, 1200 the colors of traffic signals and devices commerce. Intrastate driving, like
New Jersey Avenue SE, Room W64–224, showing red, green, and amber. interstate operations, involves
Washington, DC 20590–0001. Office
III. Discussion of Comments substantial driving on highways on the
hours are from 8:30 a.m. to 5 p.m., e.t.,
interstate system and on other roads
Monday through Friday, except Federal FMCSA received no comments in this built to interstate standards. Moreover,
holidays. If you have questions proceeding. driving in congested urban areas
regarding viewing or submitting exposes the driver to more pedestrian
material to the docket, contact Docket IV. Basis for Exemption Determination
and vehicular traffic than exists on
Services, telephone (202) 366–9826. Under 49 U.S.C. 31136(e) and 31315, interstate highways. Faster reaction to
SUPPLEMENTARY INFORMATION: FMCSA may grant an exemption from traffic and traffic signals is generally
the vision standard in 49 CFR required because distances between
I. Electronic Access 391.41(b)(10) if the exemption is likely them are more compact. These
You may see all the comments online to achieve an equivalent or greater level conditions tax visual capacity and
through the Federal Document of safety than would be achieved driver response just as intensely as
Management System (FDMS) at http:// without the exemption. The exemption interstate driving conditions.
www.regulations.gov. allows applicants to operate CMVs in The applicants in this notice have
Docket: For access to the docket to interstate commerce. driven CMVs with their limited vision
read background documents or The Agency’s decision regarding these in careers ranging for 5 to 90 years. In
comments, go to http:// exemption applications is based on the past three years, no drivers were
www.regulations.gov and/or Room medical reports about the applicants’ involved in crashes, and one driver was
W12–140 on the ground level of the vision as well as their driving records convicted of a moving violation in a
West Building, 1200 New Jersey Avenue and experience driving with the vision CMV. All the applicants achieved a
SE, Washington, DC, between 9 a.m. and deficiency. The qualifications, record of safety while driving with their
5 p.m., e.t., Monday through Friday, experience, and medical condition of vision impairment, demonstrating the
except Federal holidays. each applicant were stated and likelihood that they have adapted their
Privacy Act: In accordance with 5 discussed in detail in the February 14, driving skills to accommodate their
U.S.C. 553(c), DOT solicits comments 2018, Federal Register notice (83 FR condition. As the applicants’ ample
from the public to better inform its 6694) and will not be repeated in this driving histories with their vision
rulemaking process. DOT posts these notice. deficiencies are good predictors of
daltland on DSKBBV9HB2PROD with NOTICES
comments, without edit, including any FMCSA recognizes that some drivers future performance, FMCSA concludes
personal information the commenter do not meet the vision requirement but their ability to drive safely can be
provides, to http://www.regulations.gov, have adapted their driving to projected into the future.
as described in the system of records accommodate their limitation and Consequently, FMCSA finds that in
notice (DOT/ALL–14 FDMS), which can demonstrated their ability to drive each case exempting these applicants
be reviewed at http://www.dot.gov/ safely. The 11 exemption applicants from the vision requirement in 49 CFR
privacy. listed in this notice are in this category. 391.41(b)(10) is likely to achieve a level
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![24572 Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Notices
of safety equal to that existing without and objectives of 49 U.S.C. 31136 and SE, Washington, DC, between 9 a.m. and
the exemption. 31315. 5 p.m., e.t., Monday through Friday,
Dated: May 17, 2018. except Federal holidays.
V. Conditions and Requirements Privacy Act: In accordance with 5
Larry W. Minor,
The terms and conditions of the U.S.C. 553(c), DOT solicits comments
exemption are provided to the Associate Administrator for Policy.
from the public to better inform its
applicants in the exemption document [FR Doc. 2018–11440 Filed 5–25–18; 8:45 am] rulemaking process. DOT posts these
and includes the following: (1) Each BILLING CODE 4910–EX–P comments, without edit, including any
driver must be physically examined personal information the commenter
every year (a) by an ophthalmologist or provides, to http://www.regulations.gov,
optometrist who attests that the vision DEPARTMENT OF TRANSPORTATION as described in the system of records
in the better eye continues to meet the notice (DOT/ALL–14 FDMS), which can
Federal Motor Carrier Safety
standard in 49 CFR 391.41(b)(10) and (b) be reviewed at http://www.dot.gov/
Administration
by a certified Medical Examiner who privacy.
attests that the individual is otherwise [Docket No. FMCSA–2006–25751; FMCSA–
physically qualified under 49 CFR 2011–0193; FMCSA–2011–0194; FMCSA– II. Background
391.41; (2) each driver must provide a 2013–0183; FMCSA–2013–0186; FMCSA– On January 16, 2018, FMCSA
copy of the ophthalmologist’s or 2013–0189; FMCSA–2015–0067; FMCSA– published a notice announcing its
2015–0068; FMCSA–2015–0069] decision to renew exemptions for 169
optometrist’s report to the Medical
Examiner at the time of the annual Qualification of Drivers; Exemption individuals from the insulin-treated
medical examination; and (3) each Applications; Diabetes diabetes mellitus prohibition in 49 CFR
driver must provide a copy of the 391.41(b)(3) to operate a CMV in
annual medical certification to the AGENCY: Federal Motor Carrier Safety interstate commerce and requested
employer for retention in the driver’s Administration (FMCSA), DOT. comments from the public (83 FR 2295).
qualification file, or keep a copy in his/ ACTION: Notice of final disposition. The public comment period ended on
her driver’s qualification file if he/she is February 15, 2018, and no comments
self-employed. The driver must also SUMMARY: FMCSA announces its were received.
have a copy of the exemption when decision to renew exemptions for 169 As stated in the previous notice,
driving, for presentation to a duly individuals from its prohibition in the FMCSA has evaluated the eligibility of
authorized Federal, State, or local Federal Motor Carrier Safety these applicants and determined that
enforcement official. Regulations (FMCSRs) against persons renewing these exemptions would
with insulin-treated diabetes mellitus achieve a level of safety equivalent to or
VI. Preemption (ITDM) from operating commercial greater than the level that would be
During the period the exemption is in motor vehicles (CMVs) in interstate achieved by complying with the current
effect, no State shall enforce any law or commerce. The exemptions enable these regulation 49 CFR 391.41(b)(3).
regulation that conflicts with this individuals with ITDM to continue to The physical qualification standard
exemption with respect to a person operate CMVs in interstate commerce. for drivers regarding diabetes found in
operating under the exemption. DATES: Each group of renewed 49 CFR 391.41(b)(3) states that a person
exemptions were applicable on the is physically qualified to drive a CMV
VII. Conclusion
dates stated in the discussions below if that person has no established
Based upon its evaluation of the 11 and will expire on the dates stated in medical history or clinical diagnosis of
exemption applications, FMCSA the discussions below. diabetes mellitus currently requiring
exempts the following drivers from the insulin for control.
FOR FURTHER INFORMATION CONTACT: Ms.
vision requirement, 49 CFR
391.41(b)(10), subject to the Christine A. Hydock, Chief, Medical III. Discussion of Comments
requirements cited above: Programs Division, 202–366–4001, FMCSA received no comments in this
fmcsamedical@dot.gov, FMCSA, preceding.
Russell A. Anklam (WI) Department of Transportation, 1200
Rodney P. Barfield (GA) IV. Conclusion
Kenneth W. Blake, Jr. (KS) New Jersey Avenue SE, Room W64–224,
Efrain R. Cisneros (CA) Washington, DC 20590–0001. Office Based upon its evaluation of the 169
Justin D. Craft (AR) hours are from 8:30 a.m. to 5:30 p.m., renewal exemption applications and
James E. Haener (ID) e.t., Monday through Friday, except comments received, FMCSA confirms
Curvin L. Martin (PA) Federal holidays. If you have questions its’ decision to exempt the following
Robert L. Redding (NC) regarding viewing or submitting drivers from the rule prohibiting drivers
Gerald L. Wheeler (FL) material to the docket, contact Docket with ITDM from driving CMVs in
George J. Worthington, Jr. (NY) Services, telephone (202) 366–9826. interstate commerce in 49 CFR
Jonas L. Yoder (NE) SUPPLEMENTARY INFORMATION: 391.64(3):
In accordance with 49 U.S.C. 31136(e) In accordance with 49 U.S.C. 31136(e)
and 31315, each exemption will be valid I. Electronic Access
and 31315, the following groups of
for two years from the effective date You may see all the comments online drivers received renewed exemptions in
unless revoked earlier by FMCSA. The through the Federal Document the month of November and are
exemption will be revoked if the Management System (FDMS) at: http:// discussed below:
daltland on DSKBBV9HB2PROD with NOTICES
following occurs: (1) The person fails to www.regulations.gov. As of November 1, 2017, and in
comply with the terms and conditions Docket: For access to the docket to accordance with 49 U.S.C. 31136(e) and
of the exemption; (2) the exemption has read background documents or 31315, the following 12 individuals
resulted in a lower level of safety than comments, go to http:// have satisfied the renewal conditions for
was maintained prior to being granted; www.regulations.gov and/or Room obtaining an exemption from the rule
or (3) continuation of the exemption W12–140 on the ground level of the prohibiting drivers with ITDM from
would not be consistent with the goals West Building, 1200 New Jersey Avenue driving CMVs in interstate commerce
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Document Created: 2018-05-26 00:47:48
Document Modified: 2018-05-26 00:47:48
| 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 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 24571 |
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