83 FR 28328 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 117 (June 18, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 117 (June 18, 2018)
| Page Range | 28328-28329 | |
| FR Document | 2018-13008 |
[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)] [Notices] [Pages 28328-28329] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-13008] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2018-0007] 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 13 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, fmcsamedical@dot.gov, 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 13 individuals requesting an exemption from vision requirement in 49 CFR 391.41(b)(10) and requested comments from the public (83 FR 15214). The public comment period ended on May 9, 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 April 9, 2018, Federal Register notice (83 FR 15214) 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 13 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, central retinal artery occlusion, central vein occlusion, complete loss of vision, optic nerve damage, prosthesis, retinal scar, and scleral laceration. In most cases, their eye conditions were not recently developed. Eight of the applicants were either born with their vision impairments or have had them since childhood. The five individuals that sustained their vision conditions as adults have had it for a range of 2 to 10 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 61 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 [[Page 28329]] 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 13 exemption applications, FMCSA exempts the following drivers from the vision requirement, 49 CFR 391.41(b)(10), subject to the requirements cited above: Ahmed Abukhatwa (MI) James A. Barlow (OH) Thomas R. Danser (PA) Jerome DeFabo, Jr. (PA) Jorge Gonzales (FL) Jimmy D. Johnson (MS) Michael S. Mai (KS) Jose M. Rios (NY) Michael B. Sauseda (IL) Steven D. Schlichting (NE) Jesse P. Schuster (ND) Joseph L. Smith (WV) Larry L. Stewart (NC) 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. 2018-13008 Filed 6-15-18; 8:45 am] BILLING CODE 4910-EX-P
![28328 Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices
Issued on: June 11, 2018. comments, without edit, including any FMCSA recognizes that some drivers
Larry W. Minor, personal information the commenter do not meet the vision requirement but
Associate Administrator for Policy. provides, to http://www.regulations.gov, have adapted their driving to
[FR Doc. 2018–13001 Filed 6–15–18; 8:45 am] as described in the system of records accommodate their limitation and
BILLING CODE 4910–EX–P
notice (DOT/ALL–14 FDMS), which can demonstrated their ability to drive
be reviewed at http://www.dot.gov/ safely. The 13 exemption applicants
privacy. listed in this notice are in this category.
DEPARTMENT OF TRANSPORTATION They are unable to meet the vision
II. Background requirement in one eye for various
Federal Motor Carrier Safety On April 9, 2018, FMCSA published reasons, including amblyopia, central
Administration a notice announcing receipt of retinal artery occlusion, central vein
applications from 13 individuals occlusion, complete loss of vision, optic
[Docket No. FMCSA–2018–0007]
requesting an exemption from vision nerve damage, prosthesis, retinal scar,
Qualification of Drivers; Exemption requirement in 49 CFR 391.41(b)(10) and scleral laceration. In most cases,
Applications; Vision and requested comments from the their eye conditions were not recently
public (83 FR 15214). The public developed. Eight of the applicants were
AGENCY: Federal Motor Carrier Safety comment period ended on May 9, 2018, either born with their vision
Administration (FMCSA), DOT. and no comments were received. impairments or have had them since
ACTION: Notice of final disposition. FMCSA has evaluated the eligibility childhood. The five individuals that
of these applicants and determined that sustained their vision conditions as
SUMMARY: FMCSA announces its granting the exemptions to these adults have had it for a range of 2 to 10
decision to exempt 13 individuals from individuals would achieve a level of years. Although each applicant has one
the vision requirement in the Federal safety equivalent to or greater than the eye which does not meet the vision
Motor Carrier Safety Regulations level that would be achieved by requirement in 49 CFR 391.41(b)(10),
(FMCSRs) to operate a commercial complying with the current regulation each has at least 20/40 corrected vision
motor vehicle (CMV) in interstate 49 CFR 391.41(b)(10). in the other eye, and in a doctor’s
commerce. They are unable to meet the opinion, has sufficient vision to perform
The physical qualification standard
vision requirement in one eye for all the tasks necessary to operate a CMV.
for drivers regarding vision found in 49
various reasons. The exemptions enable Doctors’ opinions are supported by
CFR 391.41(b)(10) states that a person is
these individuals to operate CMVs in the applicants’ possession of a valid
physically qualified to driver a CMV if
interstate commerce without meeting license to operate a CMV. By meeting
that person has distant visual acuity of
the vision requirement in one eye. State licensing requirements, the
at least 20/40 (Snellen) in each eye applicants demonstrated their ability to
DATES: The exemptions were applicable without corrective lenses or visual
on May 10, 2018. The exemptions operate a CMV, with their limited vision
acuity separately corrected to 20/40 in intrastate commerce, even though
expire on May 10, 2020. (Snellen) or better with corrective their vision disqualified them from
FOR FURTHER INFORMATION CONTACT: Ms. lenses, distant binocular acuity of a least driving in interstate commerce. We
Christine A. Hydock, Chief, Medical 20/40 (Snellen) in both eyes with or believe that the applicants’ intrastate
Programs Division, (202) 366–4001, without corrective lenses, field of vision driving experience and history provide
fmcsamedical@dot.gov, FMCSA, of at least 70° in the horizontal meridian an adequate basis for predicting their
Department of Transportation, 1200 in each eye, and the ability to recognize ability to drive safely in interstate
New Jersey Avenue SE, Room W64–224, the colors of traffic signals and devices commerce. Intrastate driving, like
Washington, DC 20590–0001. Office showing red, green, and amber. interstate operations, involves
hours are from 8:30 a.m. to 5 p.m., E.T., substantial driving on highways on the
Monday through Friday, except Federal III. Discussion of Comments
interstate system and on other roads
holidays. If you have questions FMCSA received no comments in this built to interstate standards. Moreover,
regarding viewing or submitting proceeding. driving in congested urban areas
material to the docket, contact Docket exposes the driver to more pedestrian
IV. Basis for Exemption Determination
Services, telephone (202) 366–9826. and vehicular traffic than exists on
SUPPLEMENTARY INFORMATION: Under 49 U.S.C. 31136(e) and 31315, interstate highways. Faster reaction to
FMCSA may grant an exemption from traffic and traffic signals is generally
I. Electronic Access the vision standard in 49 CFR required because distances between
You may see all the comments online 391.41(b)(10) if the exemption is likely them are more compact. These
through the Federal Document to achieve an equivalent or greater level conditions tax visual capacity and
Management System (FDMS) at http:// of safety than would be achieved driver response just as intensely as
www.regulations.gov. without the exemption. The exemption interstate driving conditions.
Docket: For access to the docket to allows applicants to operate CMVs in The applicants in this notice have
read background documents or interstate commerce. driven CMVs with their limited vision
comments, go to http:// The Agency’s decision regarding these in careers ranging for 3 to 61 years. In
www.regulations.gov and/or Room exemption applications is based on the past three years, no drivers were
W12–140 on the ground level of the medical reports about the applicants’ involved in crashes, and one driver was
West Building, 1200 New Jersey Avenue vision as well as their driving records convicted of a moving violation in a
amozie on DSK3GDR082PROD with NOTICES1
SE, Washington, DC, between 9 a.m. and and experience driving with the vision CMV. All the applicants achieved a
5 p.m., e.t., Monday through Friday, deficiency. The qualifications, record of safety while driving with their
except Federal holidays. experience, and medical condition of vision impairment, demonstrating the
Privacy Act: In accordance with 5 each applicant were stated and likelihood that they have adapted their
U.S.C. 553(c), DOT solicits comments discussed in detail in the April 9, 2018, driving skills to accommodate their
from the public to better inform its Federal Register notice (83 FR 15214) condition. As the applicants’ ample
rulemaking process. DOT posts these and will not be repeated in this notice. driving histories with their vision
VerDate Sep<11>2014 18:00 Jun 15, 2018 Jkt 244001 PO 00000 Frm 00147 Fmt 4703 Sfmt 4703 E:\FR\FM\18JNN1.SGM 18JNN1](https://thefederalregister.org/doc/83_FR_28445/page/1.svg)
![Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices 28329
deficiencies are good predictors of for two years from the effective date www.regulations.gov and/or Room
future performance, FMCSA concludes unless revoked earlier by FMCSA. The W12–140 on the ground level of the
their ability to drive safely can be exemption will be revoked if the West Building, 1200 New Jersey
projected into the future. following occurs: (1) The person fails to Avenue, SE, Washington, DC, between 9
Consequently, FMCSA finds that in comply with the terms and conditions a.m. and 5 p.m., e.t., Monday through
each case exempting these applicants of the exemption; (2) the exemption has Friday, except Federal holidays.
from the vision requirement in 49 CFR resulted in a lower level of safety than Privacy Act: In accordance with 5
391.41(b)(10) is likely to achieve a level was maintained prior to being granted; U.S.C. 553(c), DOT solicits comments
of safety equal to that existing without or (3) continuation of the exemption from the public to better inform its
the exemption. would not be consistent with the goals rulemaking process. DOT posts these
and objectives of 49 U.S.C. 31136 and comments, without edit, including any
V. Conditions and Requirements
31315. personal information the commenter
The terms and conditions of the provides, to http://www.regulations.gov,
Issued on: June 11, 2018.
exemption are provided to the as described in the system of records
applicants in the exemption document Larry W. Minor,
notice (DOT/ALL–14 FDMS), which can
and includes the following: (1) Each Associate Administrator for Policy.
be reviewed at http://www.dot.gov/
driver must be physically examined [FR Doc. 2018–13008 Filed 6–15–18; 8:45 am] privacy.
every year (a) by an ophthalmologist or BILLING CODE 4910–EX–P
optometrist who attests that the vision II. Background
in the better eye continues to meet the On April 9, 2018, FMCSA published
standard in 49 CFR 391.41(b)(10) and (b) DEPARTMENT OF TRANSPORTATION a notice announcing receipt of
by a certified Medical Examiner who applications from 46 individuals
Federal Motor Carrier Safety requesting an exemption from diabetes
attests that the individual is otherwise
Administration requirement in 49 CFR 391.41(b)(3) and
physically qualified under 49 CFR
391.41; (2) each driver must provide a [FMCSA Docket No. FMCSA–2018–0023] requested comments from the public (83
copy of the ophthalmologist’s or FR 15225). The public comment period
optometrist’s report to the Medical Qualification of Drivers; Exemption ended on May 9, 2018, and one
Examiner at the time of the annual Applications; Diabetes Mellitus comment was received.
medical examination; and (3) each AGENCY: Federal Motor Carrier Safety FMCSA has evaluated the eligibility
driver must provide a copy of the Administration (FMCSA), DOT. of these applicants and determined that
annual medical certification to the granting the exemptions to these
ACTION: Notice of final disposition.
employer for retention in the driver’s individuals would achieve a level of
qualification file, or keep a copy in his/ SUMMARY: FMCSA announces its safety equivalent to or greater than the
her driver’s qualification file if he/she is decision to exempt 46 individuals from level that would be achieved by
self-employed. The driver must also the prohibition in the Federal Motor complying with the current regulation
have a copy of the exemption when Carrier Safety Regulations (FMCSRs) 49 CFR 391.41(b)(3).
driving, for presentation to a duly against persons with insulin-treated The physical qualification standard
authorized Federal, State, or local diabetes mellitus (ITDM) from operating for drivers regarding diabetes found in
enforcement official. a commercial motor vehicle (CMV) in 49 CFR 391.41(b)(3) states that a person
interstate commerce. The exemptions is physically qualified to drive a CMV
VI. Preemption if that person has no established
enable these individuals with ITDM to
During the period the exemption is in operate CMVs in interstate commerce. medical history or clinical diagnosis of
effect, no State shall enforce any law or diabetes mellitus currently requiring
DATES: The exemptions were applicable
regulation that conflicts with this insulin for control.
on May 10, 2018. The exemptions
exemption with respect to a person
expire on May 10, 2020. III. Discussion of Comments
operating under the exemption.
FOR FURTHER INFORMATION CONTACT: Ms. FMCSA received one comments in
VII. Conclusion Christine A. Hydock, Chief, Medical this proceeding. Mr. Norman Le Doux
Based upon its evaluation of the 13 Programs Division, (202) 366–4001, Sr. stated his company supports Mr.
exemption applications, FMCSA fmcsamedical@dot.gov, FMCSA, Daniel Howell receiving his Federal
exempts the following drivers from the Department of Transportation, 1200 diabetes exemption.
vision requirement, 49 CFR New Jersey Avenue SE, Room W64–224,
Washington, DC 20590–0001. Office IV. Basis for Exemption Determination
391.41(b)(10), subject to the
requirements cited above: hours are from 8:30 a.m. to 5 p.m., e.t., Under 49 U.S.C. 31136(e) and 31315,
Ahmed Abukhatwa (MI) Monday through Friday, except Federal FMCSA may grant an exemption from
James A. Barlow (OH) holidays. If you have questions the diabetes standard in 49 CFR
Thomas R. Danser (PA) regarding viewing or submitting 391.41(b)(3) if the exemption is likely to
Jerome DeFabo, Jr. (PA) material to the docket, contact Docket achieve an equivalent or greater level of
Jorge Gonzales (FL) Services, telephone (202) 366–9826. safety than would be achieved without
Jimmy D. Johnson (MS) SUPPLEMENTARY INFORMATION: the exemption. The exemption allows
Michael S. Mai (KS) the applicants to operate CMVs in
Jose M. Rios (NY) I. Electronic Access interstate commerce.
amozie on DSK3GDR082PROD with NOTICES1
Michael B. Sauseda (IL) You may see all the comments online The Agency’s decision regarding these
Steven D. Schlichting (NE) through the Federal Document exemption applications is based on the
Jesse P. Schuster (ND) Management System (FDMS) at: http:// program eligibility criteria and an
Joseph L. Smith (WV) www.regulations.gov. individualized assessment of
Larry L. Stewart (NC) Docket: For access to the docket to information submitted by each
In accordance with 49 U.S.C. 31136(e) read background documents or applicant. The qualifications,
and 31315, each exemption will be valid comments, go to http:// experience, and medical condition of
VerDate Sep<11>2014 18:00 Jun 15, 2018 Jkt 244001 PO 00000 Frm 00148 Fmt 4703 Sfmt 4703 E:\FR\FM\18JNN1.SGM 18JNN1](https://thefederalregister.org/doc/83_FR_28445/page/2.svg)
Document Created: 2018-06-18 15:49:43
Document Modified: 2018-06-18 15:49:43
| 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 28328 |
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