83 FR 45749 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 175 (September 10, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 175 (September 10, 2018)
| Page Range | 45749-45750 | |
| FR Document | 2018-19579 |
[Federal Register Volume 83, Number 175 (Monday, September 10, 2018)] [Notices] [Pages 45749-45750] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-19579] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2018-0012] 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 July 19, 2018. The exemptions expire on July 19, 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 June 18, 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 28320). The public comment period ended on July 18, 2018, and two 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 two comments in this proceeding. Lora Swindall submitted a comment of encouragement for the drivers listed in this notice. Christopher Craine submitted a comment asking for assistance applying for a medical exemption. This is outside the scope of the current announcement. Information regarding all medical exemptions, including application packages, is available on the FMCSA website at https://www.fmcsa.dot.gov/medical/driver-medical-requirements/driver-exemption-programs. 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 June 18, 2018, Federal Register notice (83 FR 28320) 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, aphakia, chorioretinal scar, complete loss of vision, enucleation, macular scar, and retinal scarring. 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 [[Page 45750]] range of 6 to 39 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 80 years. In the past three years, two 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: Mark F. Besco (IA) William T. Cummins (KY) Aaron L. Fox (OH) Ryan N. Goyne (AR) Eric M. Kohrs (IL) Michael P. Mazza (WA) James L. Okonek (WI) Jeffrey S. Rockhill (KS) Travis D. Summerville (IL) Lora D. Swindall (AL) Francis J. Toth (PA) Joseph A. Zaccaro (AL) 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: August 30, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-19579 Filed 9-7-18; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices 45749
exemption from the vision requirement interstate commerce without meeting that person has distant visual acuity of
in the FMCSRs for interstate CMV the vision requirement in one eye. at least 20/40 (Snellen) in each eye
drivers (77 FR 23799; 77 FR 33558; 79 DATES: The exemptions were applicable without corrective lenses or visual
FR 27365; 81 FR 28138): on July 19, 2018. The exemptions expire acuity separately corrected to 20/40
Richard Doroba, (IL); and Tommy on July 19, 2020. (Snellen) or better with corrective
Thomas, (CA). FOR FURTHER INFORMATION CONTACT: Ms.
lenses, distant binocular acuity of a least
The drivers were included in docket Christine A. Hydock, Chief, Medical 20/40 (Snellen) in both eyes with or
number FMCSA–2012–0040. Their Programs Division, (202) 366–4001, without corrective lenses, field of vision
exemptions are applicable as of June 6, fmcsamedical@dot.gov, FMCSA, of at least 70° in the horizontal meridian
2018, and will expire on June 6, 2020. Department of Transportation, 1200 in each eye, and the ability to recognize
As of June 27, 2018, and in New Jersey Avenue SE, Room W64–224, the colors of traffic signals and devices
accordance with 49 U.S.C. 31136(e) and showing red, green, and amber.
Washington, DC 20590–0001. Office
31315, the following two individuals hours are from 8:30 a.m. to 5 p.m., e.t., III. Discussion of Comments
have satisfied the renewal conditions for Monday through Friday, except Federal
obtaining an exemption from the vision FMCSA received two comments in
holidays. If you have questions this proceeding. Lora Swindall
requirement in the FMCSRs for regarding viewing or submitting
interstate CMV drivers (77 FR 27847; 77 submitted a comment of encouragement
material to the docket, contact Docket for the drivers listed in this notice.
FR 38386; 79 FR 29495; 81 FR 28138): Services, telephone (202) 366–9826.
Matthew G. Epps, (FL); and James E. Christopher Craine submitted a
SUPPLEMENTARY INFORMATION: comment asking for assistance applying
Sikkink, (IL).
The drivers were included in docket I. Electronic Access for a medical exemption. This is outside
number FMCSA–2012–0104. Their the scope of the current announcement.
You may see all the comments online Information regarding all medical
exemptions are applicable as of June 27, through the Federal Document
2018, and will expire on June 27, 2020. exemptions, including application
Management System (FDMS) at http:// packages, is available on the FMCSA
In accordance with 49 U.S.C. 31315, www.regulations.gov.
each exemption will be valid for two website at https://www.fmcsa.dot.gov/
Docket: For access to the docket to medical/driver-medical-requirements/
years from the effective date unless read background documents or
revoked earlier by FMCSA. The driver-exemption-programs.
comments, go to http://
exemption will be revoked if the www.regulations.gov and/or Room IV. Basis for Exemption Determination
following occurs: (1) The person fails to W12–140 on the ground level of the Under 49 U.S.C. 31136(e) and 31315,
comply with the terms and conditions West Building, 1200 New Jersey Avenue FMCSA may grant an exemption from
of the exemption; (2) the exemption has SE, Washington, DC, between 9 a.m. and the vision standard in 49 CFR
resulted in a lower level of safety than 5 p.m., e.t., Monday through Friday, 391.41(b)(10) if the exemption is likely
was maintained prior to being granted; except Federal holidays. to achieve an equivalent or greater level
or (3) continuation of the exemption Privacy Act: In accordance with 5 of safety than would be achieved
would not be consistent with the goals U.S.C. 553(c), DOT solicits comments without the exemption. The exemption
and objectives of 49 U.S.C. 31136 and from the public to better inform its allows applicants to operate CMVs in
31315. rulemaking process. DOT posts these interstate commerce.
Issued on: August 30, 2018. comments, without edit, including any The Agency’s decision regarding these
Larry W. Minor, personal information the commenter exemption applications is based on
Associate Administrator for Policy. provides, to http://www.regulations.gov, medical reports about the applicants’
[FR Doc. 2018–19576 Filed 9–7–18; 8:45 am] as described in the system of records vision as well as their driving records
BILLING CODE 4910–EX–P
notice (DOT/ALL–14 FDMS), which can and experience driving with the vision
be reviewed at http://www.dot.gov/ deficiency. The qualifications,
privacy. experience, and medical condition of
DEPARTMENT OF TRANSPORTATION each applicant were stated and
II. Background discussed in detail in the June 18, 2018,
Federal Motor Carrier Safety On June 18, 2018, FMCSA published Federal Register notice (83 FR 28320)
Administration a notice announcing receipt of and will not be repeated in this notice.
applications from 12 individuals FMCSA recognizes that some drivers
[Docket No. FMCSA–2018–0012] requesting an exemption from vision do not meet the vision requirement but
requirement in 49 CFR 391.41(b)(10) have adapted their driving to
Qualification of Drivers; Exemption
and requested comments from the accommodate their limitation and
Applications; Vision
public (83 FR 28320). The public demonstrated their ability to drive
AGENCY: Federal Motor Carrier Safety comment period ended on July 18, 2018, safely. The 12 exemption applicants
Administration (FMCSA), DOT. and two comments were received. listed in this notice are in this category.
ACTION: Notice of final disposition. FMCSA has evaluated the eligibility They are unable to meet the vision
of these applicants and determined that requirement in one eye for various
SUMMARY: FMCSA announces its granting the exemptions to these reasons, including amblyopia, aphakia,
decision to exempt 12 individuals from individuals would achieve a level of chorioretinal scar, complete loss of
the vision requirement in the Federal safety equivalent to or greater than the vision, enucleation, macular scar, and
daltland on DSKBBV9HB2PROD with NOTICES
Motor Carrier Safety Regulations level that would be achieved by retinal scarring. In most cases, their eye
(FMCSRs) to operate a commercial complying with the current regulation conditions were not recently developed.
motor vehicle (CMV) in interstate 49 CFR 391.41(b)(10). Eight of the applicants were either born
commerce. They are unable to meet the The physical qualification standard with their vision impairments or have
vision requirement in one eye for for drivers regarding vision found in 49 had them since childhood. The four
various reasons. The exemptions enable CFR 391.41(b)(10) states that a person is individuals that sustained their vision
these individuals to operate CMVs in physically qualified to driver a CMV if conditions as adults have had it for a
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![45750 Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices
range of 6 to 39 years. Although each standard in 49 CFR 391.41(b)(10) and (b) DEPARTMENT OF TRANSPORTATION
applicant has one eye which does not by a certified Medical Examiner who
meet the vision requirement in 49 CFR attests that the individual is otherwise Federal Motor Carrier Safety
391.41(b)(10), each has at least 20/40 physically qualified under 49 CFR Administration
corrected vision in the other eye, and in 391.41; (2) each driver must provide a
[Docket No. FMCSA–2018–0017]
a doctor’s opinion, has sufficient vision copy of the ophthalmologist’s or
to perform all the tasks necessary to optometrist’s report to the Medical Qualification of Drivers; Exemption
operate a CMV. Examiner at the time of the annual Applications; Vision
Doctors’ opinions are supported by medical examination; and (3) each
the applicants’ possession of a valid driver must provide a copy of the AGENCY: Federal Motor Carrier Safety
license to operate a CMV. By meeting annual medical certification to the Administration (FMCSA), DOT.
State licensing requirements, the employer for retention in the driver’s ACTION: Notice of applications for
applicants demonstrated their ability to qualification file, or keep a copy in his/ exemption; request for comments.
operate a CMV, with their limited vision her driver’s qualification file if he/she is
in intrastate commerce, even though self-employed. The driver must also SUMMARY: FMCSA announces receipt of
their vision disqualified them from have a copy of the exemption when applications from 12 individuals for an
driving in interstate commerce. We driving, for presentation to a duly exemption from the vision requirement
believe that the applicants’ intrastate authorized Federal, State, or local in the Federal Motor Carrier Safety
driving experience and history provide enforcement official. Regulations (FMCSRs) to operate a
an adequate basis for predicting their commercial motor vehicle (CMV) in
ability to drive safely in interstate VI. Preemption interstate commerce. If granted, the
commerce. Intrastate driving, like During the period the exemption is in exemptions will enable these
interstate operations, involves effect, no State shall enforce any law or individuals to operate CMVs in
substantial driving on highways on the regulation that conflicts with this interstate commerce without meeting
interstate system and on other roads exemption with respect to a person the vision requirement in one eye.
built to interstate standards. Moreover, operating under the exemption. DATES: Comments must be received on
driving in congested urban areas or before October 10, 2018.
exposes the driver to more pedestrian VII. Conclusion
ADDRESSES: You may submit comments
and vehicular traffic than exists on
Based upon its evaluation of the 12 bearing the Federal Docket Management
interstate highways. Faster reaction to
exemption applications, FMCSA System (FDMS) Docket No. FMCSA–
traffic and traffic signals is generally
exempts the following drivers from the 2018–0017 using any of the following
required because distances between
vision requirement, 49 CFR methods:
them are more compact. These
conditions tax visual capacity and
391.41(b)(10), subject to the • Federal eRulemaking Portal: Go to
requirements cited above: http://www.regulations.gov. Follow the
driver response just as intensely as
interstate driving conditions. Mark F. Besco (IA) online instructions for submitting
The applicants in this notice have William T. Cummins (KY) comments.
driven CMVs with their limited vision • Mail: Docket Management Facility;
Aaron L. Fox (OH) U.S. Department of Transportation, 1200
in careers ranging for 3 to 80 years. In
Ryan N. Goyne (AR) New Jersey Avenue SE, West Building
the past three years, two drivers were
involved in crashes, and no drivers were Eric M. Kohrs (IL) Ground Floor, Room W12–140,
convicted of moving violations in Michael P. Mazza (WA) Washington, DC 20590–0001.
CMVs. All the applicants achieved a James L. Okonek (WI) • Hand Delivery: West Building
record of safety while driving with their Jeffrey S. Rockhill (KS) Ground Floor, Room W12–140, 1200
vision impairment, demonstrating the New Jersey Avenue SE, Washington,
Travis D. Summerville (IL)
likelihood that they have adapted their DC, between 9 a.m. and 5 p.m., e.t.,
Lora D. Swindall (AL) Monday through Friday, except Federal
driving skills to accommodate their
Francis J. Toth (PA) Holidays.
condition. As the applicants’ ample
driving histories with their vision Joseph A. Zaccaro (AL) • Fax: 1–202–493–2251.
deficiencies are good predictors of In accordance with 49 U.S.C. 31136(e) Instructions: Each submission must
future performance, FMCSA concludes and 31315, each exemption will be valid include the Agency name and the
their ability to drive safely can be for two years from the effective date docket number(s) for this notice. Note
projected into the future. unless revoked earlier by FMCSA. The that all comments received will be
Consequently, FMCSA finds that in exemption will be revoked if the posted without change to http://
each case exempting these applicants following occurs: (1) The person fails to www.regulations.gov, including any
from the vision requirement in 49 CFR comply with the terms and conditions personal information provided. Please
391.41(b)(10) is likely to achieve a level of the exemption; (2) the exemption has see the Privacy Act heading below for
of safety equal to that existing without resulted in a lower level of safety than further information.
the exemption. was maintained prior to being granted; Docket: For access to the docket to
or (3) continuation of the exemption read background documents or
V. Conditions and Requirements comments, go to http://
would not be consistent with the goals
The terms and conditions of the and objectives of 49 U.S.C. 31136 and www.regulations.gov at any time or
daltland on DSKBBV9HB2PROD with NOTICES
exemption are provided to the 31315. Room W12–140 on the ground level of
applicants in the exemption document the West Building, 1200 New Jersey
and includes the following: (1) Each Issued on: August 30, 2018. Avenue SE, Washington, DC, between 9
driver must be physically examined Larry W. Minor, a.m. and 5 p.m., e.t., Monday through
every year (a) by an ophthalmologist or Associate Administrator for Policy. Friday, except Federal holidays. The
optometrist who attests that the vision [FR Doc. 2018–19579 Filed 9–7–18; 8:45 am] FDMS is available 24 hours each day,
in the better eye continues to meet the BILLING CODE 4910–EX–P 365 days each year. If you want
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Document Created: 2018-09-08 00:42:55
Document Modified: 2018-09-08 00:42:55
| 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 July 19, 2018. The exemptions expire on July 19, 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 45749 |
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