83 FR 28323 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 117 (June 18, 2018)

Page Range		28323-28324
FR Document		2018-13005

FMCSA announces its decision to exempt 17 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 117 (Monday, June 18, 2018)

[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)]
[Notices]
[Pages 28323-28324]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13005]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0008]


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 17 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 May 10, 2018. The exemptions 
expire on May 10, 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 April 9, 2018, FMCSA published a notice announcing receipt of 
applications from 17 individuals requesting an exemption from vision 
requirement in 49 CFR 391.41(b)(10) and requested comments from the 
public (83 FR 15216). The public comment period ended on May 9, 2018, 
and one comment was received.
    FMCSA has evaluated the eligibility of these applicants and 
determined that granting the exemptions to these individuals would 
achieve a level of safety equivalent to or greater than the level that 
would be achieved by complying with the current regulation 49 CFR 
391.41(b)(10).
    The physical qualification standard for drivers regarding vision 
found in 49 CFR 391.41(b)(10) states that a person is physically 
qualified to driver a CMV if

[[Page 28324]]

that person has distant visual acuity of at least 20/40 (Snellen) in 
each eye without corrective lenses or visual acuity separately 
corrected to 20/40 (Snellen) or better with corrective lenses, distant 
binocular acuity of a least 20/40 (Snellen) in both eyes with or 
without corrective lenses, field of vision of at least 70[deg] in the 
horizontal meridian in each eye, and the ability to recognize the 
colors of traffic signals and devices showing red, green, and amber.

III. Discussion of Comments

    FMCSA received one comment in this proceeding. Vicky Johnson, from 
Minnesota Driver Vehicle Services (DVS), commented on Paul R. Rivers. 
He does not hold a Vision federal exemption and is not listed as one of 
the applicants on this Federal Register.

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 April 9, 2018, Federal 
Register notice (83 FR 15216) 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 17 
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, cataract, corneal scarring, macular cyst, 
optic neuropathy, retinal ischemia, retinopathy. In most cases, their 
eye conditions were not recently developed. 13 of the applicants were 
either born with their vision impairments or have had them since 
childhood. The four individuals that sustained their vision conditions 
as adults have had it for a range of 3 to 32 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 4 to 72 years. In the past three years, 
no drivers were involved in crashes, and no drivers were convicted of 
moving violations in 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 17 exemption applications, FMCSA 
exempts the following drivers from the vision requirement, 49 CFR 
391.41(b)(10), subject to the requirements cited above:

Leobardo Antunez (WA)
Jason P. Dostal (IN)
John C. Duncan (NY)
Kenneth M. Emerson (ID)
Michael C. Farley (FL)
Steven W. Kyman (OR)
Jeffrey T. Landry (NC)
David A. Margetson (MI)
Trent C. McCain (KS)
David M. McCarty (OR)
Jeffrey W. Pike, Jr. (MN)
Jess C. Sanchez (TX)
Ermanno M Santucci (IL)
John R.A. Taylor (VA)
Justin L. Tidyman (AR)
Raul Torres Malaga (FL)
Timothy Tucker (KY)

    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: June 11, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-13005 Filed 6-15-18; 8:45 am]
 BILLING CODE 4910-EX-P

28324 Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices

that person has distant visual acuity of to perform all the tasks necessary to optometrist’s report to the Medical
at least 20/40 (Snellen) in each eye operate a CMV. Examiner at the time of the annual
without corrective lenses or visual Doctors’ opinions are supported by medical examination; and (3) each
acuity separately corrected to 20/40 the applicants’ possession of a valid driver must provide a copy of the
(Snellen) or better with corrective license to operate a CMV. By meeting annual medical certification to the
lenses, distant binocular acuity of a least State licensing requirements, the employer for retention in the driver’s
20/40 (Snellen) in both eyes with or applicants demonstrated their ability to qualification file, or keep a copy in his/
without corrective lenses, field of vision operate a CMV, with their limited vision her driver’s qualification file if he/she is
of at least 70° in the horizontal meridian in intrastate commerce, even though self-employed. The driver must also
in each eye, and the ability to recognize their vision disqualified them from have a copy of the exemption when
the colors of traffic signals and devices driving in interstate commerce. We driving, for presentation to a duly
showing red, green, and amber. believe that the applicants’ intrastate authorized Federal, State, or local
driving experience and history provide enforcement official.
III. Discussion of Comments an adequate basis for predicting their
ability to drive safely in interstate VI. Preemption
FMCSA received one comment in this
proceeding. Vicky Johnson, from commerce. Intrastate driving, like During the period the exemption is in
Minnesota Driver Vehicle Services interstate operations, involves effect, no State shall enforce any law or
(DVS), commented on Paul R. Rivers. He substantial driving on highways on the regulation that conflicts with this
does not hold a Vision federal interstate system and on other roads exemption with respect to a person
exemption and is not listed as one of the built to interstate standards. Moreover, operating under the exemption.
applicants on this Federal Register. driving in congested urban areas
exposes the driver to more pedestrian VII. Conclusion
IV. Basis for Exemption Determination and vehicular traffic than exists on Based upon its evaluation of the 17
Under 49 U.S.C. 31136(e) and 31315, interstate highways. Faster reaction to exemption applications, FMCSA
FMCSA may grant an exemption from traffic and traffic signals is generally exempts the following drivers from the
the vision standard in 49 CFR required because distances between
vision requirement, 49 CFR
391.41(b)(10) if the exemption is likely them are more compact. These
391.41(b)(10), subject to the
to achieve an equivalent or greater level conditions tax visual capacity and
requirements cited above:
of safety than would be achieved driver response just as intensely as
interstate driving conditions. Leobardo Antunez (WA)
without the exemption. The exemption
allows applicants to operate CMVs in The applicants in this notice have Jason P. Dostal (IN)
driven CMVs with their limited vision John C. Duncan (NY)
interstate commerce.
in careers ranging for 4 to 72 years. In
The Agency’s decision regarding these Kenneth M. Emerson (ID)
the past three years, no drivers were
exemption applications is based on involved in crashes, and no drivers were Michael C. Farley (FL)
medical reports about the applicants’ convicted of moving violations in CMV. Steven W. Kyman (OR)
vision as well as their driving records All the applicants achieved a record of Jeffrey T. Landry (NC)
and experience driving with the vision safety while driving with their vision
deficiency. The qualifications, David A. Margetson (MI)
impairment, demonstrating the Trent C. McCain (KS)
experience, and medical condition of likelihood that they have adapted their
each applicant were stated and David M. McCarty (OR)
driving skills to accommodate their
discussed in detail in the April 9, 2018, condition. As the applicants’ ample Jeffrey W. Pike, Jr. (MN)
Federal Register notice (83 FR 15216) driving histories with their vision Jess C. Sanchez (TX)
and will not be repeated in this notice. deficiencies are good predictors of Ermanno M Santucci (IL)
FMCSA recognizes that some drivers future performance, FMCSA concludes John R.A. Taylor (VA)
do not meet the vision requirement but their ability to drive safely can be
have adapted their driving to Justin L. Tidyman (AR)
projected into the future.
accommodate their limitation and Consequently, FMCSA finds that in Raul Torres Malaga (FL)
demonstrated their ability to drive each case exempting these applicants Timothy Tucker (KY)
safely. The 17 exemption applicants from the vision requirement in 49 CFR In accordance with 49 U.S.C. 31136(e)
listed in this notice are in this category. 391.41(b)(10) is likely to achieve a level and 31315, each exemption will be valid
They are unable to meet the vision of safety equal to that existing without for two years from the effective date
requirement in one eye for various the exemption. unless revoked earlier by FMCSA. The
reasons, including amblyopia, cataract, exemption will be revoked if the
corneal scarring, macular cyst, optic V. Conditions and Requirements
following occurs: (1) The person fails to
neuropathy, retinal ischemia, The terms and conditions of the comply with the terms and conditions
retinopathy. 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
13 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 four 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
amozie on DSK3GDR082PROD with NOTICES1

conditions as adults have had it for a in the better eye continues to meet the 31315.
range of 3 to 32 years. Although each standard in 49 CFR 391.41(b)(10) and (b)
applicant has one eye which does not by a certified Medical Examiner who Issued on: June 11, 2018.
meet the vision requirement in 49 CFR attests that the individual is otherwise Larry W. Minor,
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. 2018–13005 Filed 6–15–18; 8:45 am]
a doctor’s opinion, has sufficient vision copy of the ophthalmologist’s or BILLING CODE 4910–EX–P

VerDate Sep<11>2014 18:00 Jun 15, 2018 Jkt 244001 PO 00000 Frm 00143 Fmt 4703 Sfmt 4703 E:\FR\FM\18JNN1.SGM 18JNN1

Document Created: 2018-06-18 15:50:58
Document Modified: 2018-06-18 15:50:58

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 May 10, 2018. The exemptions expire on May 10, 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 28323

83 FR 28323 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 117 (June 18, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration