83 FR 53732 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 206 (October 24, 2018)

Page Range		53732-53733
FR Document		2018-23233

FMCSA announces its decision to exempt nine 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 206 (Wednesday, October 24, 2018)

[Federal Register Volume 83, Number 206 (Wednesday, October 24, 2018)]
[Notices]
[Pages 53732-53733]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23233]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0015]


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 nine 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 August 21, 2018. The 
exemptions expire on August 21, 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., 
ET, 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. Public Participation

A. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice 
as being available in the docket, go to http://www.regulations.gov. 
Insert the docket number, FMCSA-2018-0015, in the keyword box, and 
click ``Search.'' Next, click the ``Open Docket Folder'' button and 
choose the document to review. If you do not have access to the 
internet, you may view the docket online by visiting the Docket 
Management Facility in Room W12-140 on the ground floor of the DOT West 
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 
a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.

B. 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 www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

II. Background

    On July 20, 2018, FMCSA published a notice announcing receipt of 
applications from nine individuals requesting an exemption from vision 
requirement in 49 CFR 391.41(b)(10) and requested comments from the 
public (83 FR 34667). The public comment period ended on August 20, 
2018, and one comment was received.
    FMCSA has evaluated the eligibility of these applicants and 
determined that granting the exemptions to these individuals would 
achieve a level of safety equivalent to or greater than the level that 
would be achieved by complying with the current regulation 49 CFR 
391.41(b)(10).
    The physical qualification standard for drivers regarding vision 
found in 49 CFR 391.41(b)(10) states that a person is physically 
qualified to driver a CMV if 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 the Minnesota Department of Public Safety (MN DPS) has no 
objections to granting a Federal vision exemption to Mark E. Thesing.

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
for up to five years 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. FMCSA grants 
exemptions from the FMCSRs for a two-year period to align with the 
maximum duration of a driver's medical certification.
    The Agency's decision regarding these exemption applications is 
based on medical reports about the applicants' vision as well as their 
driving records

[[Page 53733]]

and experience driving with the vision deficiency. The qualifications, 
experience, and medical condition of each applicant were stated and 
discussed in detail in the July 20, 2018, Federal Register notice (83 
FR 34667) 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 nine 
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, cataract, glaucoma, optic nerve 
hypoplasia, prosthesis, and retinal detachment. In most cases, their 
eye conditions were not recently developed. Five 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 four to nine 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 9 to 73 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 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 nine exemption applications, FMCSA 
exempts the following drivers from the vision requirement, 49 CFR 
391.41(b)(10), subject to the requirements cited above:

Paulo G. Clemente (NC)
Ronald W. Doskocil (TX)
Loren D. Estad (ND)
Ryan P. Garner (MT)
Kody D. Gleckler (OH)
Jeffrey W. Hawkins (NC)
Timothy D. Lundvall (NE)
Eric D. Smith (GA)
Mark E. Thesing (MN)

    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: October 15, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-23233 Filed 10-23-18; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 83, No. 206 / Wednesday, October 24, 2018 / Notices 53733

and experience driving with the vision record of safety while driving with their In accordance with 49 U.S.C. 31136(e)
deficiency. The qualifications, vision impairment, demonstrating the and 31315, each exemption will be valid
experience, and medical condition of likelihood that they have adapted their for two years from the effective date
each applicant were stated and driving skills to accommodate their unless revoked earlier by FMCSA. The
discussed in detail in the July 20, 2018, condition. As the applicants’ ample exemption will be revoked if the
Federal Register notice (83 FR 34667) driving histories with their vision following occurs: (1) The person fails to
and will not be repeated in this notice. deficiencies are good predictors of comply with the terms and conditions
FMCSA recognizes that some drivers future performance, FMCSA concludes of the exemption; (2) the exemption has
do not meet the vision requirement but their ability to drive safely can be resulted in a lower level of safety than
have adapted their driving to projected into the future. was maintained prior to being granted;
accommodate their limitation and Consequently, FMCSA finds that in or (3) continuation of the exemption
demonstrated their ability to drive each case exempting these applicants would not be consistent with the goals
safely. The nine exemption applicants from the vision requirement in 49 CFR and objectives of 49 U.S.C. 31136 and
listed in this notice are in this category. 391.41(b)(10) is likely to achieve a level 31315.
They are unable to meet the vision of safety equal to that existing without
requirement in one eye for various the exemption. Issued on: October 15, 2018.
reasons, including amblyopia, aphakia,
V. Conditions and Requirements Larry W. Minor,
cataract, glaucoma, optic nerve
hypoplasia, prosthesis, and retinal The terms and conditions of the Associate Administrator for Policy.
detachment. In most cases, their eye exemption are provided to the [FR Doc. 2018–23233 Filed 10–23–18; 8:45 am]
conditions were not recently developed. applicants in the exemption document BILLING CODE 4910–EX–P
Five of the applicants were either born and includes the following: (1) Each
with their vision impairments or have driver must be physically examined
had them since childhood. The four every year (a) by an ophthalmologist or DEPARTMENT OF TRANSPORTATION
individuals that sustained their vision optometrist who attests that the vision
conditions as adults have had it for a Federal Motor Carrier Safety
in the better eye continues to meet the
range of four to nine years. Although Administration
standard in 49 CFR 391.41(b)(10) and (b)
each applicant has one eye which does by a certified Medical Examiner who [Docket No. FMCSA–2013–0443]
not meet the vision requirement in 49 attests that the individual is otherwise
CFR 391.41(b)(10), each has at least 20/ physically qualified under 49 CFR Qualification of Drivers; Exemption
40 corrected vision in the other eye, and 391.41; (2) each driver must provide a Applications; Epilepsy and Seizure
in a doctor’s opinion, has sufficient copy of the ophthalmologist’s or Disorders
vision to perform all the tasks necessary optometrist’s report to the Medical AGENCY: Federal Motor Carrier Safety
to operate a CMV. Examiner at the time of the annual Administration (FMCSA), DOT.
Doctors’ opinions are supported by medical examination; and (3) each
the applicants’ possession of a valid ACTION: Notice of final disposition.
driver must provide a copy of the
license to operate a CMV. By meeting annual medical certification to the SUMMARY: FMCSA announces its
State licensing requirements, the employer for retention in the driver’s decision to renew exemptions for five
applicants demonstrated their ability to qualification file, or keep a copy in his/ individuals from the requirement in the
operate a CMV, with their limited vision her driver’s qualification file if he/she is Federal Motor Carrier Safety
in intrastate commerce, even though self-employed. The driver must also Regulations (FMCSRs) that interstate
their vision disqualified them from have a copy of the exemption when commercial motor vehicle (CMV)
driving in interstate commerce. We driving, for presentation to a duly drivers have ‘‘no established medical
believe that the applicants’ intrastate authorized Federal, State, or local history or clinical diagnosis of epilepsy
driving experience and history provide enforcement official. or any other condition which is likely
an adequate basis for predicting their
VI. Preemption to cause loss of consciousness or any
ability to drive safely in interstate
loss of ability to control a CMV.’’ The
commerce. Intrastate driving, like During the period the exemption is in exemptions enable these individuals
interstate operations, involves effect, no State shall enforce any law or who have had one or more seizures and
substantial driving on highways on the regulation that conflicts with this are taking anti-seizure medication to
interstate system and on other roads exemption with respect to a person continue to operate CMVs in interstate
built to interstate standards. Moreover, operating under the exemption. commerce.
driving in congested urban areas
exposes the driver to more pedestrian VII. Conclusion DATES: The exemptions were applicable
and vehicular traffic than exists on Based upon its evaluation of the nine on May 19, 2018. The exemptions
interstate highways. Faster reaction to exemption applications, FMCSA expire on May 19, 2020.
traffic and traffic signals is generally exempts the following drivers from the FOR FURTHER INFORMATION CONTACT:
required because distances between vision requirement, 49 CFR Ms. Christine A. Hydock, Chief, Medical
them are more compact. These 391.41(b)(10), subject to the Programs Division, (202) 366–4001,
conditions tax visual capacity and requirements cited above: fmcsamedical@dot.gov, FMCSA,
driver response just as intensely as Paulo G. Clemente (NC) Department of Transportation, 1200
interstate driving conditions. Ronald W. Doskocil (TX) New Jersey Avenue SE, Room W64–224,
amozie on DSK3GDR082PROD with NOTICES1

The applicants in this notice have Loren D. Estad (ND) Washington, DC 20590–0001. Office
driven CMVs with their limited vision Ryan P. Garner (MT) hours are from 8:30 a.m. to 5 p.m., ET,
in careers ranging for 9 to 73 years. In Kody D. Gleckler (OH) Monday through Friday, except Federal
the past three years, no drivers were Jeffrey W. Hawkins (NC) holidays. If you have questions
involved in crashes, and one driver was Timothy D. Lundvall (NE) regarding viewing or submitting
convicted of a moving violation in a Eric D. Smith (GA) material to the docket, contact Docket
CMV. All the applicants achieved a Mark E. Thesing (MN) Services, telephone (202) 366–9826.

VerDate Sep<11>2014 17:43 Oct 23, 2018 Jkt 247001 PO 00000 Frm 00130 Fmt 4703 Sfmt 4703 E:\FR\FM\24OCN1.SGM 24OCN1

Document Created: 2018-10-24 00:24:24
Document Modified: 2018-10-24 00:24:24

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 August 21, 2018. The exemptions expire on August 21, 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., ET, 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 53732

83 FR 53732 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 206 (October 24, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration