83 FR 28342 - 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		28342-28343
FR Document		2018-13003

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 117 (Monday, June 18, 2018)

[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)]
[Notices]
[Pages 28342-28343]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13003]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0010]


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 May 30, 2018. The exemptions 
expire on May 30, 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 27, 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 18644). The public comment period ended on May 29, 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

[[Page 28343]]

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 27, 2018, Federal 
Register notice (83 FR 18644) 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, aphakia, complete loss of vision, corneal 
scar, enucleation, keratoconus, macular scar, optic atrophy, and 
prosthesis. In most cases, their eye conditions were not recently 
developed. Eleven of the applicants were either born with their vision 
impairments or have had them since childhood. The three individuals 
that sustained their vision conditions as adults have had it for a 
range of 14 to 30 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 96 years. In the past three years, 
no drivers were involved in crashes, and no drivers were convicted of 
moving violations in CMVs. 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:

Zachary A. Abbotts (CT)
Joseph J. Amatulli (NY)
Clarton D. Avis (KY)
Jimmy L. Burgi (TX)
Gordon C. Canfield (MI)
David M. Clark, Jr. (MD)
Dorothy J. Crum (OH)
Tammy J. Duval (NH)
Brian K. LaJoie (MI)
James V. Latess, Jr. (PA)
Igor L. Litvak (MD)
John A. Thomas, Jr. (NC)
Jerry L. Womble (AR)
Kevin Young (NJ)

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

    Issued on: June 11, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-13003 Filed 6-15-18; 8:45 am]
 BILLING CODE 4910-EX-P

28342 Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices

Scott W. Shindledecker (IN) John D. Penrod (SD) FOR FURTHER INFORMATION CONTACT: Ms.
Shirliann F. Skroch (NV) Thomas M. Peterson (NE) Christine A. Hydock, Chief, Medical
Ross L. Smith, Sr. (NJ) Gregory S. Potter (MO) Programs Division, (202) 366–4001,
Christopher Starghill (DC) Lisa M. Reynolds (CO) fmcsamedical@dot.gov, FMCSA,
Richard L. Stark (OH) Martina M. Sanchez (NY) Department of Transportation, 1200
Philip E. Stegeman (ID) Daniel J. Sing (OH) New Jersey Avenue SE, Room W64–224,
Brandon L. Weaver (PA) Mark W. Smith (PA) Washington, DC 20590–0001. Office
Matthew G. Williams (KY) Larry E. Sorrells (VA) hours are from 8:30 a.m. to 5 p.m., e.t.,
Michael B. Wilson (OH) Michael R. Thomen (OH) Monday through Friday, except Federal
The drivers were included in docket Charles E. Tillman, Jr. (FL) holidays. If you have questions
numbers FMCSA–2010–0051; FMCSA– Monte D. Trout (WA) regarding viewing or submitting
2014–0014. Their exemptions are Aaron M. Trudeau (MT) material to the docket, contact Docket
applicable as of May 21, 2018, and will Thomas M. Waldron (MA) Services, telephone (202) 366–9826.
expire on May 21, 2020. David M. Wilfeard II (NY) SUPPLEMENTARY INFORMATION:
As of May 23, 2018, and in Deborah C. Williams (NJ)
I. Electronic Access
accordance with 49 U.S.C. 31136(e) and The drivers were included in docket
31315, Derald E. Moenning, (NE) has number FMCSA–2016–0036. Their You may see all the comments online
satisfied the renewal conditions for exemptions are applicable as of May 26, through the Federal Document
obtaining an exemption from the rule 2018, and will expire on May 26, 2020. Management System (FDMS) at http://
prohibiting drivers with ITDM from In accordance with 49 U.S.C. 31315, www.regulations.gov.
driving CMVs in interstate commerce each exemption will be valid for two Docket: For access to the docket to
(79 FR 22573; 79 FR 35855; 82 FR years from the effective date unless read background documents or
24434). revoked earlier by FMCSA. The comments, go to http://
The driver was included in docket exemption will be revoked if the www.regulations.gov and/or Room
number FMCSA–2014–0015. The following occurs: (1) The person fails to W12–140 on the ground level of the
exemption is applicable as of May 23, comply with the terms and conditions West Building, 1200 New Jersey Avenue
2018, and will expire on May 23, 2020. of the exemption; (2) the exemption has SE, Washington, DC, between 9 a.m. and
As of May 26, 2018, and in resulted in a lower level of safety than 5 p.m., e.t., Monday through Friday,
accordance with 49 U.S.C. 31136(e) and was maintained prior to being granted; except Federal holidays.
or (3) continuation of the exemption Privacy Act: In accordance with 5
31315, the following 48 individuals
would not be consistent with the goals U.S.C. 553(c), DOT solicits comments
have satisfied the renewal conditions for
and objectives of 49 U.S.C. 31136 and from the public to better inform its
obtaining an exemption from the rule
31315. rulemaking process. DOT posts these
prohibiting drivers with ITDM from
comments, without edit, including any
driving CMVs in interstate commerce Issued on: June 11, 2018. personal information the commenter
(81 FR 24161; 81 FR 59723): Larry W. Minor, provides, to http://www.regulations.gov,
Thomas H. Adams, Jr. (PA) Associate Administrator for Policy. as described in the system of records
Spencer L. Bates (VT) [FR Doc. 2018–12987 Filed 6–15–18; 8:45 am] notice (DOT/ALL–14 FDMS), which can
Hobert P. Bates (TX) BILLING CODE 4910–EX–P be reviewed at http://www.dot.gov/
Erik E. Baumgart (NE) privacy.
Robert T. Birch (PA)
Frank A. Borchers (NJ) DEPARTMENT OF TRANSPORTATION II. Background
Nathan P. Broussard (KS) On April 27, 2018, FMCSA published
Rodney J. Brown (VA) Federal Motor Carrier Safety a notice announcing receipt of
Nicholas M. Catizone (MA) Administration applications from 14 individuals
Michael J. Christians (MN) requesting an exemption from vision
[Docket No. FMCSA–2018–0010]
William R. Faller (PA) requirement in 49 CFR 391.41(b)(10)
Stephen L. Fehr (IL) Qualification of Drivers; Exemption and requested comments from the
Stephen P. Glenning (FL) Applications; Vision public (83 FR 18644). The public
Kevin B. Green (TN) comment period ended on May 29,
Dusty R. Grover (ID) AGENCY: Federal Motor Carrier Safety 2018, and no comments were received.
Robert W. Guccion (IA) Administration (FMCSA), DOT. FMCSA has evaluated the eligibility
Andy H. Harnden (WA) ACTION: Notice of final disposition. of these applicants and determined that
Russell D. Hartley (KS) granting the exemptions to these
Eric D. Hulst (SD) SUMMARY: FMCSA announces its individuals would achieve a level of
Stephen J. Hyde, Sr. (MA) decision to exempt 14 individuals from safety equivalent to or greater than the
Steven G. Jackson (IN) the vision requirement in the Federal level that would be achieved by
Michelle Jenkins (MA) Motor Carrier Safety Regulations complying with the current regulation
Robert C. Jones (VA) (FMCSRs) to operate a commercial 49 CFR 391.41(b)(10).
Paul M. Joyce (MA) motor vehicle (CMV) in interstate The physical qualification standard
Steven W. Keech (PA) commerce. They are unable to meet the for drivers regarding vision found in 49
David O. Ludwig (ND) vision requirement in one eye for CFR 391.41(b)(10) states that a person is
amozie on DSK3GDR082PROD with NOTICES1

Marvin D. Mitchell (WA) various reasons. The exemptions enable physically qualified to driver a CMV if
Jack D. Moore (WV) these individuals to operate CMVs in that person has distant visual acuity of
Matthew A. Neidermeier (FL) interstate commerce without meeting at least 20/40 (Snellen) in each eye
Thomas M. Noon (MI) the vision requirement in one eye. without corrective lenses or visual
Ronald A. Ortiz (CA) DATES: The exemptions were applicable acuity separately corrected to 20/40
Michael V. Palmer (NY) on May 30, 2018. The exemptions (Snellen) or better with corrective
LeRonne Pegues (IL) expire on May 30, 2020. lenses, distant binocular acuity of a least

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Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices 28343

20/40 (Snellen) in both eyes with or believe that the applicants’ intrastate authorized Federal, State, or local
without corrective lenses, field of vision driving experience and history provide enforcement official.
of at least 70° in the horizontal meridian an adequate basis for predicting their
VI. Preemption
in each eye, and the ability to recognize ability to drive safely in interstate
the colors of traffic signals and devices commerce. Intrastate driving, like During the period the exemption is in
showing red, green, and amber. interstate operations, involves effect, no State shall enforce any law or
substantial driving on highways on the regulation that conflicts with this
III. Discussion of Comments
interstate system and on other roads exemption with respect to a person
FMCSA received no comments in this built to interstate standards. Moreover, operating under the exemption.
proceeding. driving in congested urban areas
VII. Conclusion
IV. Basis for Exemption Determination exposes the driver to more pedestrian
and vehicular traffic than exists on Based upon its evaluation of the 14
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 Zachary A. Abbotts (CT)
without the exemption. The exemption interstate driving conditions. Joseph J. Amatulli (NY)
allows applicants to operate CMVs in The applicants in this notice have Clarton D. Avis (KY)
interstate commerce. driven CMVs with their limited vision
The Agency’s decision regarding these Jimmy L. Burgi (TX)
in careers ranging for 4 to 96 years. In Gordon C. Canfield (MI)
exemption applications is based on the past three years, no drivers were
medical reports about the applicants’ David M. Clark, Jr. (MD)
involved in crashes, and no drivers were Dorothy J. Crum (OH)
vision as well as their driving records convicted of moving violations in
and experience driving with the vision Tammy J. Duval (NH)
CMVs. All the applicants achieved a Brian K. LaJoie (MI)
deficiency. The qualifications, record of safety while driving with their
experience, and medical condition of James V. Latess, Jr. (PA)
vision impairment, demonstrating the Igor L. Litvak (MD)
each applicant were stated and likelihood that they have adapted their
discussed in detail in the April 27, John A. Thomas, Jr. (NC)
driving skills to accommodate their Jerry L. Womble (AR)
2018, Federal Register notice (83 FR condition. As the applicants’ ample
18644) and will not be repeated in this Kevin Young (NJ)
driving histories with their vision
notice. deficiencies are good predictors of In accordance with 49 U.S.C. 31136(e)
FMCSA recognizes that some drivers future performance, FMCSA concludes and 31315, each exemption will be valid
do not meet the vision requirement but their ability to drive safely can be for two years from the effective date
have adapted their driving to projected into the future. unless revoked earlier by FMCSA. The
accommodate their limitation and Consequently, FMCSA finds that in exemption will be revoked if the
demonstrated their ability to drive each case exempting these applicants following occurs: (1) The person fails to
safely. The 14 exemption applicants from the vision requirement in 49 CFR comply with the terms and conditions
listed in this notice are in this category. 391.41(b)(10) is likely to achieve a level of the exemption; (2) the exemption has
They are unable to meet the vision of safety equal to that existing without resulted in a lower level of safety than
requirement in one eye for various the exemption. was maintained prior to being granted;
reasons, including amblyopia, aphakia, or (3) continuation of the exemption
complete loss of vision, corneal scar, V. Conditions and Requirements would not be consistent with the goals
enucleation, keratoconus, macular scar, The terms and conditions of the and objectives of 49 U.S.C. 31136 and
optic atrophy, and prosthesis. In most exemption are provided to the 31315.
cases, their eye conditions were not applicants in the exemption document Issued on: June 11, 2018.
recently developed. Eleven of the and includes the following: (1) Each Larry W. Minor,
applicants were either born with their driver must be physically examined
Associate Administrator for Policy.
vision impairments or have had them every year (a) by an ophthalmologist or
[FR Doc. 2018–13003 Filed 6–15–18; 8:45 am]
since childhood. The three individuals optometrist who attests that the vision
in the better eye continues to meet the BILLING CODE 4910–EX–P
that sustained their vision conditions as
adults have had it for a range of 14 to standard in 49 CFR 391.41(b)(10) and (b)
30 years. Although each applicant has by a certified Medical Examiner who
DEPARTMENT OF TRANSPORTATION
one eye which does not meet the vision attests that the individual is otherwise
requirement in 49 CFR 391.41(b)(10), physically qualified under 49 CFR Federal Motor Carrier Safety
each has at least 20/40 corrected vision 391.41; (2) each driver must provide a Administration
in the other eye, and in a doctor’s copy of the ophthalmologist’s or
opinion, has sufficient vision to perform optometrist’s report to the Medical [Docket No. FMCSA–2010–0083; FMCSA–
all the tasks necessary to operate a CMV. Examiner at the time of the annual 2010–0115; FMCSA–2010–0138; FMCSA–
Doctors’ opinions are supported by medical examination; and (3) each 2012–0108; FMCSA–2012–0109; FMCSA–
the applicants’ possession of a valid driver must provide a copy of the 2014–0016; FMCSA–2014–0017; FMCSA–
amozie on DSK3GDR082PROD with NOTICES1

license to operate a CMV. By meeting annual medical certification to the 2016–0040; FMCSA–2016–0041; FMCSA–
State licensing requirements, the employer for retention in the driver’s 2016–0042]
applicants demonstrated their ability to qualification file, or keep a copy in his/ Qualification of Drivers; Exemption
operate a CMV, with their limited vision her driver’s qualification file if he/she is Applications; Diabetes
in intrastate commerce, even though self-employed. The driver must also
their vision disqualified them from have a copy of the exemption when AGENCY:Federal Motor Carrier Safety
driving in interstate commerce. We driving, for presentation to a duly Administration (FMCSA), DOT.

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Document Created: 2018-06-18 15:50:04
Document Modified: 2018-06-18 15:50:04

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 30, 2018. The exemptions expire on May 30, 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 28342

83 FR 28342 - 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