83 FR 34677 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 140 (July 20, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 140 (July 20, 2018)
| Page Range | 34677-34678 | |
| FR Document | 2018-15550 |
[Federal Register Volume 83, Number 140 (Friday, July 20, 2018)] [Notices] [Pages 34677-34678] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-15550] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2018-0011] 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 12 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 June 29, 2018. The exemptions expire on June 29, 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 May 29, 2018, FMCSA published a notice announcing receipt of applications from 12 individuals requesting an exemption from vision requirement in 49 CFR 391.41(b)(10) and requested comments from the public (83 FR 24585). The public comment period ended on June 28, 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 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 one comment in this proceeding. Vicky Johnson stated that Minnesota Public Safety has no objections to granting a vision exemption to Thomas R. Krentz. 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 May 29, 2018, Federal Register notice (83 FR 24585) 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 12 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 vein occlusion, iris coloboma, optic atrophy, and prosthesis. 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 four individuals that sustained their vision conditions as adults have had it for a range of 5 to 16 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 [[Page 34678]] in careers ranging for 5 to 58 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 12 exemption applications, FMCSA exempts the following drivers from the vision requirement, 49 CFR 391.41(b)(10), subject to the requirements cited above: Joseph W. Davis (NC) Joshua D. Giles (NC) Michael J. Haubert (WI) Thomas R. Krentz (MN) Phil M. Lamp (WV) Jeffery S. Lathrop (NC) Terrence A. Odrick (DE) James B. Powell (IL) Raymond C. Smith (PA) Zebrial C. Stahmer (MT) Leon W. Tanksley, III (GA) Timothy E. Thomas (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: July 13, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-15550 Filed 7-19-18; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices 34677
revoked earlier by FMCSA. The comments, go to http:// allows applicants to operate CMVs in
exemption will be revoked if the www.regulations.gov and/or Room interstate commerce.
following occurs: (1) The person fails to W12–140 on the ground level of the The Agency’s decision regarding these
comply with the terms and conditions West Building, 1200 New Jersey Avenue exemption applications is based on
of the exemption; (2) the exemption has SE, Washington, DC, between 9 a.m. and medical reports about the applicants’
resulted in a lower level of safety than 5 p.m., e.t., Monday through Friday, vision as well as their driving records
was maintained prior to being granted; except Federal holidays. and experience driving with the vision
or (3) continuation of the exemption Privacy Act: In accordance with 5 deficiency. The qualifications,
would not be consistent with the goals U.S.C. 553(c), DOT solicits comments experience, and medical condition of
and objectives of 49 U.S.C. 31136 and from the public to better inform its each applicant were stated and
31315. rulemaking process. DOT posts these discussed in detail in the May 29, 2018,
comments, without edit, including any Federal Register notice (83 FR 24585)
Issued on: July 12, 2018.
personal information the commenter and will not be repeated in this notice.
Larry W. Minor, FMCSA recognizes that some drivers
provides, to http://www.regulations.gov,
Associate Administrator for Policy. do not meet the vision requirement but
as described in the system of records
[FR Doc. 2018–15565 Filed 7–19–18; 8:45 am] notice (DOT/ALL–14 FDMS), which can have adapted their driving to
BILLING CODE 4910–EX–P be reviewed at http://www.dot.gov/ accommodate their limitation and
privacy. demonstrated their ability to drive
safely. The 12 exemption applicants
DEPARTMENT OF TRANSPORTATION II. Background listed in this notice are in this category.
On May 29, 2018, FMCSA published They are unable to meet the vision
Federal Motor Carrier Safety a notice announcing receipt of requirement in one eye for various
Administration applications from 12 individuals reasons, including amblyopia, central
[Docket No. FMCSA–2018–0011] requesting an exemption from vision retinal vein occlusion, iris coloboma,
requirement in 49 CFR 391.41(b)(10) optic atrophy, and prosthesis. In most
Qualification of Drivers; Exemption and requested comments from the cases, their eye conditions were not
Applications; Vision public (83 FR 24585). The public recently developed. Eight of the
comment period ended on June 28, applicants were either born with their
AGENCY: Federal Motor Carrier Safety
2018, and one comment was received. vision impairments or have had them
Administration (FMCSA), DOT. since childhood. The four individuals
FMCSA has evaluated the eligibility
ACTION: Notice of final disposition. that sustained their vision conditions as
of these applicants and determined that
SUMMARY: FMCSA announces its granting the exemptions to these adults have had it for a range of 5 to 16
decision to exempt 12 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
49 CFR 391.41(b)(10). in the other eye, and in a doctor’s
motor vehicle (CMV) in interstate
The physical qualification standard opinion, has sufficient vision to perform
commerce. They are unable to meet the
for drivers regarding vision found in 49 all the tasks necessary to operate a CMV.
vision requirement in one eye for Doctors’ opinions are supported by
various reasons. The exemptions enable CFR 391.41(b)(10) states that a person is
physically qualified to drive a CMV if the applicants’ possession of a valid
these individuals to operate CMVs in license to operate a CMV. By meeting
interstate commerce without meeting that person has distant visual acuity of
at least 20/40 (Snellen) in each eye State licensing requirements, the
the vision requirement in one eye. applicants demonstrated their ability to
without corrective lenses or visual
DATES: The exemptions were applicable operate a CMV, with their limited vision
acuity separately corrected to 20/40
on June 29, 2018. The exemptions in intrastate commerce, even though
(Snellen) or better with corrective
expire on June 29, 2020. their vision disqualified them from
lenses, distant binocular acuity of a least
FOR FURTHER INFORMATION CONTACT: Ms. 20/40 (Snellen) in both eyes with or driving in interstate commerce. We
Christine A. Hydock, Chief, Medical without corrective lenses, field of vision believe that the applicants’ intrastate
Programs Division, (202) 366–4001, of at least 70° in the horizontal meridian driving experience and history provide
fmcsamedical@dot.gov, FMCSA, in each eye, and the ability to recognize an adequate basis for predicting their
Department of Transportation, 1200 the colors of traffic signals and devices ability to drive safely in interstate
New Jersey Avenue SE, Room W64–224, showing red, green, and amber. commerce. Intrastate driving, like
Washington, DC 20590–0001. Office interstate operations, involves
hours are from 8:30 a.m. to 5 p.m., e.t., III. Discussion of Comments substantial driving on highways on the
Monday through Friday, except Federal FMCSA received one comment in this interstate system and on other roads
holidays. If you have questions proceeding. Vicky Johnson stated that built to interstate standards. Moreover,
regarding viewing or submitting Minnesota Public Safety has no driving in congested urban areas
material to the docket, contact Docket objections to granting a vision exposes the driver to more pedestrian
Services, telephone (202) 366–9826. exemption to Thomas R. Krentz. and vehicular traffic than exists on
SUPPLEMENTARY INFORMATION: interstate highways. Faster reaction to
IV. Basis for Exemption Determination traffic and traffic signals is generally
daltland on DSKBBV9HB2PROD with NOTICES
I. Electronic Access Under 49 U.S.C. 31136(e) and 31315, required because distances between
You may see all the comments online FMCSA may grant an exemption from them are more compact. These
through the Federal Document the vision standard in 49 CFR conditions tax visual capacity and
Management System (FDMS) at http:// 391.41(b)(10) if the exemption is likely driver response just as intensely as
www.regulations.gov. to achieve an equivalent or greater level interstate driving conditions.
Docket: For access to the docket to of safety than would be achieved The applicants in this notice have
read background documents or without the exemption. The exemption driven CMVs with their limited vision
VerDate Sep<11>2014 18:06 Jul 19, 2018 Jkt 244001 PO 00000 Frm 00142 Fmt 4703 Sfmt 4703 E:\FR\FM\20JYN1.SGM 20JYN1](https://thefederalregister.org/doc/83_FR_34817/page/1.svg)
![34678 Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices
in careers ranging for 5 to 58 years. In Thomas R. Krentz (MN) Department of Transportation, 1200
the past three years, no drivers were Phil M. Lamp (WV) New Jersey Avenue SE, Room W64–224,
involved in crashes, and no drivers were Jeffery S. Lathrop (NC) Washington, DC 20590–0001. Office
convicted of moving violations in Terrence A. Odrick (DE) hours are from 8:30 a.m. to 5 p.m., e.t.,
CMVs. All the applicants achieved a James B. Powell (IL) Monday through Friday, except Federal
record of safety while driving with their Raymond C. Smith (PA) holidays. If you have questions
vision impairment, demonstrating the Zebrial C. Stahmer (MT) regarding viewing or submitting
likelihood that they have adapted their Leon W. Tanksley, III (GA) material to the docket, contact Docket
driving skills to accommodate their Services, telephone (202) 366–9826.
Timothy E. Thomas (NC)
condition. As the applicants’ ample
In accordance with 49 U.S.C. 31136(e) SUPPLEMENTARY INFORMATION:
driving histories with their vision
deficiencies are good predictors of and 31315, each exemption will be valid I. Electronic Access
future performance, FMCSA concludes for two years from the effective date
their ability to drive safely can be unless revoked earlier by FMCSA. The You may see all the comments online
projected into the future. exemption will be revoked if the through the Federal Document
Consequently, FMCSA finds that in following occurs: (1) The person fails to Management System (FDMS) at: http://
each case exempting these applicants comply with the terms and conditions www.regulations.gov.
from the vision requirement in 49 CFR of the exemption; (2) the exemption has Docket: For access to the docket to
391.41(b)(10) is likely to achieve a level resulted in a lower level of safety than read background documents or
of safety equal to that existing without was maintained prior to being granted; comments, go to http://
the exemption. or (3) continuation of the exemption www.regulations.gov and/or Room
would not be consistent with the goals W12–140 on the ground level of the
V. Conditions and Requirements and objectives of 49 U.S.C. 31136 and West Building, 1200 New Jersey Avenue
The terms and conditions of the 31315. SE, Washington, DC, between 9 a.m. and
exemption are provided to the Issued on: July 13, 2018. 5 p.m., e.t., Monday through Friday,
applicants in the exemption document Larry W. Minor, except Federal holidays.
and includes the following: (1) Each Privacy Act: In accordance with 5
Associate Administrator for Policy.
driver must be physically examined U.S.C. 553(c), DOT solicits comments
[FR Doc. 2018–15550 Filed 7–19–18; 8:45 am]
every year (a) by an ophthalmologist or from the public to better inform its
optometrist who attests that the vision BILLING CODE 4910–EX–P
rulemaking process. DOT posts these
in the better eye continues to meet the comments, without edit, including any
standard in 49 CFR 391.41(b)(10) and (b) personal information the commenter
DEPARTMENT OF TRANSPORTATION
by a certified Medical Examiner who provides, to http://www.regulations.gov,
attests that the individual is otherwise Federal Motor Carrier Safety as described in the system of records
physically qualified under 49 CFR Administration notice (DOT/ALL–14 FDMS), which can
391.41; (2) each driver must provide a be reviewed at http://www.dot.gov/
copy of the ophthalmologist’s or [Docket No. FMCSA–2018–0052]
privacy.
optometrist’s report to the Medical
Examiner at the time of the annual Qualification of Drivers; Exemption II. Background
medical examination; and (3) each Applications; Epilepsy and Seizure
Disorders On May 24, 2018, FMCSA published
driver must provide a copy of the
a notice announcing receipt of
annual medical certification to the AGENCY: Federal Motor Carrier Safety applications from seven individuals
employer for retention in the driver’s Administration (FMCSA), DOT. requesting an exemption from the
qualification file, or keep a copy in his/
ACTION: Notice of final disposition. epilepsy and seizure disorders
her driver’s qualification file if he/she is
prohibition in 49 CFR 391.41(b)(8) and
self-employed. The driver must also SUMMARY: FMCSA announces its requested comments from the public (83
have a copy of the exemption when decision to exempt seven individuals FR 24153). The public comment period
driving, for presentation to a duly from the requirement in the Federal ended on June 25, 2018, and one
authorized Federal, State, or local Motor Carrier Safety Regulations comment was received.
enforcement official. (FMCSRs) that interstate commercial FMCSA has evaluated the eligibility
VI. Preemption motor vehicle (CMV) drivers have ‘‘no of these applicants and determined that
established medical history or clinical granting exemptions to these
During the period the exemption is in
diagnosis of epilepsy or any other individuals would achieve a level of
effect, no State shall enforce any law or
condition which is likely to cause loss safety equivalent to or greater than the
regulation that conflicts with this
of consciousness or any loss of ability to level that would be achieved by
exemption with respect to a person
control a CMV.’’ The exemptions enable complying with the current regulation
operating under the exemption.
these individuals who have had one or 49 CFR 391.41(b)(8).
VII. Conclusion more seizures and are taking anti-
The physical qualification standard
Based upon its evaluation of the 12 seizure medication to operate CMVs in
for drivers regarding epilepsy found in
exemption applications, FMCSA interstate commerce.
49 CFR 391.41(b)(8) states that a person
daltland on DSKBBV9HB2PROD with NOTICES
exempts the following drivers from the DATES: The exemptions were applicable is physically qualified to drive a CMV
vision requirement, 49 CFR on July 1, 2018. The exemptions expire if that person has no established
391.41(b)(10), subject to the on July 1, 2020. medical history or clinical diagnosis of
requirements cited above: FOR FURTHER INFORMATION CONTACT: Ms. epilepsy or any other condition which
Joseph W. Davis (NC) Christine A. Hydock, Chief, Medical is likely to cause the loss of
Joshua D. Giles (NC) Programs Division, (202) 366–4001, consciousness or any loss of ability to
Michael J. Haubert (WI) fmcsamedical@dot.gov, FMCSA, control a CMV.
VerDate Sep<11>2014 18:06 Jul 19, 2018 Jkt 244001 PO 00000 Frm 00143 Fmt 4703 Sfmt 4703 E:\FR\FM\20JYN1.SGM 20JYN1](https://thefederalregister.org/doc/83_FR_34817/page/2.svg)
Document Created: 2018-07-20 01:19:04
Document Modified: 2018-07-20 01:19:04
| 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 June 29, 2018. The exemptions expire on June 29, 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 34677 |
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR