83 FR 24589 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 103 (May 29, 2018)

Page Range		24589-24590
FR Document		2018-11407

FMCSA announces its decision to exempt 14 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 103 (Tuesday, May 29, 2018)

[Federal Register Volume 83, Number 103 (Tuesday, May 29, 2018)]
[Notices]
[Pages 24589-24590]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11407]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0027]


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 14 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 14 individuals requesting an exemption from vision 
requirement in 49 CFR 391.41(b)(10) and requested comments from the 
public (83 FR 2292). The public comment period ended on February 15, 
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).

[[Page 24590]]

    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 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 January 16, 2018, Federal 
Register notice (83 FR 2292) 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 14 
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, glaucoma, macular scarring, prosthesis, 
optic atrophy, retinal detachment, retinal scarring, and retinal vein 
occlusion. In most cases, their eye conditions were not recently 
developed. Seven of the applicants were either born with their vision 
impairments or have had them since childhood. The seven individuals 
that sustained their vision conditions as adults have had it for a 
range of 9 to 31 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 78 years. In the past three years, 
one driver was involved in a crash, 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 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 14 exemption applications, FMCSA 
exempts the following drivers from the vision requirement, 49 CFR 
391.41(b)(10), subject to the requirements cited above:

Jordan N. Bean (ND)
Robert J. Bower (PA)
James E. Bragg (WV)
Lee S. Brown, Jr. (ME)
Thomas Buker (WI)
Robert A. Dicker (ME)
James D. Evans (MD)
Spencer L. Goard (KY)
Gregory C. Grubb (KY)
Charles K. Klinglesmith (KY)
Freddy E. Parker (NV)
Douglas E. Porter (MI)
Roy E. Robertson (GA)
Daniel E. Sharp (OH)

    In accordance with 49 U.S.C. 31136(e) and 31315, each exemption 
will be valid for two years from the effective date unless revoked 
earlier by FMCSA. The exemption will be revoked if the following 
occurs: (1) The person fails to comply with the terms and conditions of 
the exemption; (2) the exemption has resulted in a lower level of 
safety than was maintained prior to being granted; or (3) continuation 
of the exemption would not be consistent with the goals and objectives 
of 49 U.S.C. 31136 and 31315.

    Issued on: May 17, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-11407 Filed 5-25-18; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Notices 24589

exemptions are applicable as of March satisfied the renewal conditions for motor vehicle (CMV) in interstate
7, 2018, and will expire on March 7, obtaining an exemption from the vision commerce. They are unable to meet the
2020. requirement in the FMCSRs for vision requirement in one eye for
As of March 10, 2018, and in interstate CMV drivers (77 FR 5874; 77 various reasons. The exemptions enable
accordance with 49 U.S.C. 31136(e) and FR 17117; 79 FR 13085; 81 FR 20433). these individuals to operate CMVs in
31315, the following nine individuals The driver was included in docket interstate commerce without meeting
have satisfied the renewal conditions for number FMCSA–2011–0366. The the vision requirement in one eye.
obtaining an exemption from the vision exemption is applicable as of March 23, DATES: The exemptions were applicable
requirement in the FMCSRs for 2018, and will expire on March 23, on February 16, 2018. The exemptions
interstate CMV drivers (81 FR 6573; 81 2020. expire on February 16, 2020.
FR 28136): As of March 31, 2018, and in FOR FURTHER INFORMATION CONTACT: Ms.
Thomas M. Bowman (OH) accordance with 49 U.S.C. 31136(e) and Christine A. Hydock, Chief, Medical
Robert W. Fawcett (PA) 31315, the following five individuals Programs Division, (202) 366–4001,
Harry J. Glynn (LA) have satisfied the renewal conditions for fmcsamedical@dot.gov, FMCSA,
Cody N. McDonnell (OR) obtaining an exemption from the vision Department of Transportation, 1200
Dennis C. Rokes (IA) requirement in the FMCSRs for New Jersey Avenue SE, Room W64–224,
Brian W. Roughton (MO) interstate CMV drivers (73 FR 6242; 73 Washington, DC 20590–0001. Office
Steven A. Van Raalte (IL) FR 16950; 75 FR 9477; 77 FR 13689; 79 hours are from 8:30 a.m. to 5 p.m., E.T.,
Marvin L. Wernimont (IA) FR 14331; 81 FR 20433): Monday through Friday, except Federal
Brian J. Yole (TX) Gary W. Ellis (NC) holidays. If you have questions
The drivers were included in docket K. L. Guse (OH) regarding viewing or submitting
number FMCSA–2015–0348. Their Steven W. Halsey (MO) material to the docket, contact Docket
exemptions are applicable as of March Thomas M. Leadbitter (PA) Services, telephone (202) 366–9826.
10, 2018, and will expire on March 10, Jonathan P. Lovel (IL) SUPPLEMENTARY INFORMATION:
2020. The drivers were included in docket
As of March 13, 2018, and in I. Electronic Access
number FMCSA–2007–0071. Their
accordance with 49 U.S.C. 31136(e) and exemptions are applicable as of March You may see all the comments online
31315, the following nine individuals 31, 2018, and will expire on March 31, through the Federal Document
have satisfied the renewal conditions for 2020. Management System (FDMS) at http://
obtaining an exemption from the vision In accordance with 49 U.S.C. 31315, www.regulations.gov.
requirement in the FMCSRs for each exemption will be valid for two Docket: For access to the docket to
interstate CMV drivers (79 FR 1908; 79 years from the effective date unless read background documents or
FR 14333; 81 FR 20433): revoked earlier by FMCSA. The comments, go to http://
Norvan D. Brown (IA) exemption will be revoked if the www.regulations.gov and/or Room
Jackie K. Curlin (KY) following occurs: (1) The person fails to W12–140 on the ground level of the
Justin W. Demarchi (OH) comply with the terms and conditions West Building, 1200 New Jersey Avenue
Jimmey C. Harris (TX) of the exemption; (2) the exemption has SE, Washington, DC, between 9 a.m. and
David G. Henry (TX) resulted in a lower level of safety than 5 p.m., E.T., Monday through Friday,
Rogelio C. Hernandez (CA) was maintained prior to being granted; except Federal holidays.
Harold D. Pressley (TX) Privacy Act: In accordance with 5
or (3) continuation of the exemption
Jason C. Sadler (KY) U.S.C. 553(c), DOT solicits comments
would not be consistent with the goals
Michael O. Thomas (NC) from the public to better inform its
and objectives of 49 U.S.C. 31136 and
rulemaking process. DOT posts these
The drivers were included in docket 31315.
comments, without edit, including any
number FMCSA–2013–0174. Their Issued on: May 17, 2018. personal information the commenter
exemptions are applicable as of March Larry W. Minor, provides, to http://www.regulations.gov,
13, 2018, and will expire on March 13, Associate Administrator for Policy. as described in the system of records
2020. notice (DOT/ALL–14 FDMS), which can
[FR Doc. 2018–11409 Filed 5–25–18; 8:45 am]
As of March 15, 2018, and in be reviewed at http://www.dot.gov/
BILLING CODE 4910–EX–P
accordance with 49 U.S.C. 31136(e) and privacy.
31315, the following three individuals
have satisfied the renewal conditions for II. Background
DEPARTMENT OF TRANSPORTATION
obtaining an exemption from the vision On January 16, 2018, FMCSA
requirement in the FMCSRs for Federal Motor Carrier Safety published a notice announcing receipt
interstate CMV drivers (67 FR 68719; 68 Administration of applications from 14 individuals
FR 2629; 70 FR 7545; 71 FR 4194; 71 FR requesting an exemption from vision
13450; 72 FR 40362; 73 FR 9158; 74 FR [Docket No. FMCSA–2017–0027]
requirement in 49 CFR 391.41(b)(10)
64124; 75 FR 9484; 77 FR 10606; 79 FR and requested comments from the
Qualification of Drivers; Exemption
14328; 81 FR 20433): Gene Bartlett, Jr. public (83 FR 2292). The public
Applications; Vision
(VT); Wayne H. Holt (UT); William B. comment period ended on February 15,
Wilson (KY). AGENCY: Federal Motor Carrier Safety 2018, and no comments were received.
The drivers were included in docket Administration (FMCSA), DOT. FMCSA has evaluated the eligibility
daltland on DSKBBV9HB2PROD with NOTICES

numbers FMCSA–2002–12844; ACTION: Notice of final disposition. of these applicants and determined that
FMCSA–2005–23099. Their exemptions granting the exemptions to these
are applicable as of March 15, 2018, and SUMMARY: FMCSA announces its individuals would achieve a level of
will expire on March 15, 2020. decision to exempt 14 individuals from safety equivalent to or greater than the
As of March 23, 2018, and in the vision requirement in the Federal level that would be achieved by
accordance with 49 U.S.C. 31136(e) and Motor Carrier Safety Regulations complying with the current regulation
31315, Glenn R. Theis (MN) has (FMCSRs) to operate a commercial 49 CFR 391.41(b)(10).

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24590 Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Notices

The physical qualification standard to perform all the tasks necessary to optometrist’s report to the Medical
for drivers regarding vision found in 49 operate a CMV. Examiner at the time of the annual
CFR 391.41(b)(10) states that a person is Doctors’ opinions are supported by medical examination; and (3) each
physically qualified to drive a CMV if the applicants’ possession of a valid driver must provide a copy of the
that person has distant visual acuity of license to operate a CMV. By meeting annual medical certification to the
at least 20/40 (Snellen) in each eye State licensing requirements, the employer for retention in the driver’s
without corrective lenses or visual applicants demonstrated their ability to qualification file, or keep a copy in his/
acuity separately corrected to 20/40 operate a CMV, with their limited vision her driver’s qualification file if he/she is
(Snellen) or better with corrective in intrastate commerce, even though self-employed. The driver must also
lenses, distant binocular acuity of a least their vision disqualified them from have a copy of the exemption when
20/40 (Snellen) in both eyes with or driving in interstate commerce. We driving, for presentation to a duly
without corrective lenses, field of vision believe that the applicants’ intrastate authorized Federal, State, or local
of at least 70° in the horizontal meridian driving experience and history provide enforcement official.
in each eye, and the ability to recognize an adequate basis for predicting their
the colors of traffic signals and devices ability to drive safely in interstate VI. Preemption
showing red, green, and amber. commerce. Intrastate driving, like
interstate operations, involves During the period the exemption is in
III. Discussion of Comments substantial driving on highways on the effect, no State shall enforce any law or
FMCSA received no comments in this interstate system and on other roads regulation that conflicts with this
proceeding. built to interstate standards. Moreover, exemption with respect to a person
driving in congested urban areas operating under the exemption.
IV. Basis for Exemption Determination
exposes the driver to more pedestrian VII. Conclusion
Under 49 U.S.C. 31136(e) and 31315, and vehicular traffic than exists on
FMCSA may grant an exemption from interstate highways. Faster reaction to Based upon its evaluation of the 14
the vision standard in 49 CFR traffic and traffic signals is generally exemption applications, FMCSA
391.41(b)(10) if the exemption is likely required because distances between exempts the following drivers from the
to achieve an equivalent or greater level them are more compact. These vision requirement, 49 CFR
of safety than would be achieved conditions tax visual capacity and 391.41(b)(10), subject to the
without the exemption. The exemption driver response just as intensely as requirements cited above:
allows applicants to operate CMVs in interstate driving conditions.
interstate commerce. The applicants in this notice have Jordan N. Bean (ND)
The Agency’s decision regarding these driven CMVs with their limited vision Robert J. Bower (PA)
exemption applications is based on in careers ranging for 5 to 78 years. In
medical reports about the applicants’ James E. Bragg (WV)
the past three years, one driver was
vision as well as their driving records involved in a crash, and one driver was Lee S. Brown, Jr. (ME)
and experience driving with the vision convicted of a moving violation in a Thomas Buker (WI)
deficiency. The qualifications, CMV. All the applicants achieved a
experience, and medical condition of Robert A. Dicker (ME)
record of safety while driving with their
each applicant were stated and vision impairment, demonstrating the James D. Evans (MD)
discussed in detail in the January 16, likelihood that they have adapted their Spencer L. Goard (KY)
2018, Federal Register notice (83 FR driving skills to accommodate their
2292) and will not be repeated in this Gregory C. Grubb (KY)
condition. As the applicants’ ample
notice. driving histories with their vision Charles K. Klinglesmith (KY)
FMCSA recognizes that some drivers deficiencies are good predictors of Freddy E. Parker (NV)
do not meet the vision requirement but future performance, FMCSA concludes
have adapted their driving to Douglas E. Porter (MI)
their ability to drive safely can be
accommodate their limitation and projected into the future. Roy E. Robertson (GA)
demonstrated their ability to drive Consequently, FMCSA finds that in Daniel E. Sharp (OH)
safely. The 14 exemption applicants each case exempting these applicants
listed in this notice are in this category. from the vision requirement in 49 CFR In accordance with 49 U.S.C. 31136(e)
They are unable to meet the vision 391.41(b)(10) is likely to achieve a level and 31315, each exemption will be valid
requirement in one eye for various of safety equal to that existing without for two years from the effective date
reasons, including amblyopia, the exemption. unless revoked earlier by FMCSA. The
glaucoma, macular scarring, prosthesis, exemption will be revoked if the
optic atrophy, retinal detachment, V. Conditions and Requirements following occurs: (1) The person fails to
retinal scarring, and retinal vein The terms and conditions of the comply with the terms and conditions
occlusion. In most cases, their eye exemption are provided to the of the exemption; (2) the exemption has
conditions were not recently developed. applicants in the exemption document resulted in a lower level of safety than
Seven of the applicants were either born and includes the following: (1) each was maintained prior to being granted;
with their vision impairments or have driver must be physically examined or (3) continuation of the exemption
had them since childhood. The seven every year (a) by an ophthalmologist or would not be consistent with the goals
individuals that sustained their vision optometrist who attests that the vision and objectives of 49 U.S.C. 31136 and
daltland on DSKBBV9HB2PROD with NOTICES

conditions as adults have had it for a in the better eye continues to meet the 31315.
range of 9 to 31 years. Although each standard in 49 CFR 391.41(b)(10) and (b) Issued on: May 17, 2018.
applicant has one eye which does not by a certified Medical Examiner who
Larry W. Minor,
meet the vision requirement in 49 CFR attests that the individual is otherwise
391.41(b)(10), each has at least 20/40 physically qualified under 49 CFR Associate Administrator for Policy.
corrected vision in the other eye, and in 391.41; (2) each driver must provide a [FR Doc. 2018–11407 Filed 5–25–18; 8:45 am]
a doctor’s opinion, has sufficient vision copy of the ophthalmologist’s or BILLING CODE 4910–EX–P

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Document Created: 2018-05-26 00:47:50
Document Modified: 2018-05-26 00:47:50

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 24589

83 FR 24589 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 103 (May 29, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration