83 FR 54644 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 210 (October 30, 2018)

Page Range		54644-54645
FR Document		2018-23706

FMCSA announces its decision to exempt 13 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) to operate a commercial motor vehicle (CMV) in interstate commerce. They are unable to meet the vision requirement in one eye for various reasons. The exemptions enable these individuals to operate CMVs in interstate commerce without meeting the vision requirement in one eye.

Federal Register, Volume 83 Issue 210 (Tuesday, October 30, 2018)

[Federal Register Volume 83, Number 210 (Tuesday, October 30, 2018)]
[Notices]
[Pages 54644-54645]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23706]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0014]


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 13 individuals from the 
vision requirement in the Federal Motor Carrier Safety Regulations 
(FMCSRs) to operate a commercial motor vehicle (CMV) in interstate 
commerce. They are unable to meet the vision requirement in one eye for 
various reasons. The exemptions enable these individuals to operate 
CMVs in interstate commerce without meeting the vision requirement in 
one eye.

DATES: The exemptions were applicable on August 17, 2018. The 
exemptions expire on August 17, 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., 
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-2018-0014, 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 17, 2018, FMCSA published a notice announcing receipt of 
applications from 13 individuals requesting an exemption from vision 
requirement in 49 CFR 391.41(b)(10) and requested comments from the 
public (83 FR 33292). The public comment period ended on August 16, 
2018, and no comments were received.
    FMCSA has evaluated the eligibility of these applicants and 
determined that granting the exemptions to these individuals would 
achieve a level of safety equivalent to or greater than the level that 
would be achieved by complying with the current regulation 49 CFR 
391.41(b)(10).
    The physical qualification standard for drivers regarding vision 
found in 49 CFR 391.41(b)(10) states that a person is physically 
qualified to driver a CMV if that person has distant visual acuity of 
at least 20/40 (Snellen) in each eye without corrective lenses or 
visual acuity separately corrected to 20/40 (Snellen) or better with 
corrective lenses, distant binocular acuity of a least 20/40 (Snellen) 
in both eyes with or without corrective lenses, field of vision of at 
least 70[deg] in the horizontal meridian in each eye, and the ability 
to recognize the colors of traffic signals and devices showing red, 
green, and amber.

III. Discussion of Comments

    FMCSA received no comments in this proceeding.

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
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

[[Page 54645]]

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 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 17, 2018, Federal 
Register notice (83 FR 33292) and will not be repeated in this notice.
    FMCSA recognizes that some drivers do not meet the vision 
requirement but have adapted their driving to accommodate their 
limitation and demonstrated their ability to drive safely. The 13 
exemption applicants listed in this notice are in this category. They 
are unable to meet the vision requirement in one eye for various 
reasons, including amblyopia, complete loss of vision, corneal scar, 
irregularly shaped pupil, macular myelinated nerve fibers, macular 
scar, optic nerve damage, posterior staphyloma, prosthetic eye, and 
retinal detachment. In most cases, their eye conditions were not 
recently developed. Nine 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 6 to 18 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 78 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 13 exemption applications, FMCSA 
exempts the following drivers from the vision requirement, 49 CFR 
391.41(b)(10), subject to the requirements cited above:

Ronald D. Blakely (MI)
Homero Dominguez (TX)
Larry L. George (LA)
Jason C. Hetrick (PA)
Michael A. Hildebrand (PA)
Junior M. Isenberg (KY)
David G. Livingston (VT)
Joseph P. Markley (PA)
Derek L. Redford (ID)
David Tavarez (NJ)
William B. Van Drielen (NV)
Willie R. White, Jr. (NV)
Curtis C. Williams (MO)

    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 24, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-23706 Filed 10-29-18; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 83, No. 210 / Tuesday, October 30, 2018 / Notices 54645

interstate commerce. FMCSA grants them are more compact. These 391.41(b)(10), subject to the
exemptions from the FMCSRs for a two- conditions tax visual capacity and requirements cited above:
year period to align with the maximum driver response just as intensely as Ronald D. Blakely (MI)
duration of a driver’s medical interstate driving conditions. Homero Dominguez (TX)
certification. The applicants in this notice have Larry L. George (LA)
The Agency’s decision regarding these driven CMVs with their limited vision Jason C. Hetrick (PA)
exemption applications is based on in careers ranging for 4 to 78 years. In Michael A. Hildebrand (PA)
medical reports about the applicants’ the past three years, no drivers were Junior M. Isenberg (KY)
vision as well as their driving records involved in crashes, and one driver was David G. Livingston (VT)
and experience driving with the vision convicted of a moving violation in a Joseph P. Markley (PA)
deficiency. The qualifications, CMV. All the applicants achieved a Derek L. Redford (ID)
experience, and medical condition of record of safety while driving with their David Tavarez (NJ)
each applicant were stated and vision impairment, demonstrating the William B. Van Drielen (NV)
discussed in detail in the July 17, 2018, likelihood that they have adapted their Willie R. White, Jr. (NV)
Federal Register notice (83 FR 33292) driving skills to accommodate their Curtis C. Williams (MO)
and will not be repeated in this notice. condition. As the applicants’ ample In accordance with 49 U.S.C. 31136(e)
FMCSA recognizes that some drivers driving histories with their vision and 31315, each exemption will be valid
do not meet the vision requirement but deficiencies are good predictors of for two years from the effective date
have adapted their driving to future performance, FMCSA concludes unless revoked earlier by FMCSA. The
accommodate their limitation and their ability to drive safely can be exemption will be revoked if the
demonstrated their ability to drive projected into the future. following occurs: (1) The person fails to
safely. The 13 exemption applicants Consequently, FMCSA finds that in comply with the terms and conditions
listed in this notice are in this category. each case exempting these applicants of the exemption; (2) the exemption has
They are unable to meet the vision from the vision requirement in 49 CFR resulted in a lower level of safety than
requirement in one eye for various 391.41(b)(10) is likely to achieve a level was maintained prior to being granted;
reasons, including amblyopia, complete of safety equal to that existing without or (3) continuation of the exemption
loss of vision, corneal scar, irregularly the exemption. would not be consistent with the goals
shaped pupil, macular myelinated nerve and objectives of 49 U.S.C. 31136 and
fibers, macular scar, optic nerve V. Conditions and Requirements
31315.
damage, posterior staphyloma, The terms and conditions of the
Issued on: October 24, 2018.
prosthetic eye, and retinal detachment. exemption are provided to the
In most cases, their eye conditions were applicants in the exemption document Larry W. Minor,
not recently developed. Nine of the and includes the following: (1) Each Associate Administrator for Policy.
applicants were either born with their driver must be physically examined [FR Doc. 2018–23706 Filed 10–29–18; 8:45 am]
vision impairments or have had them every year (a) by an ophthalmologist or BILLING CODE 4910–EX–P
since childhood. The four individuals optometrist who attests that the vision
that sustained their vision conditions as in the better eye continues to meet the
adults have had it for a range of 6 to 18 standard in 49 CFR 391.41(b)(10) and (b) DEPARTMENT OF TRANSPORTATION
years. Although each applicant has one by a certified Medical Examiner who
eye which does not meet the vision attests that the individual is otherwise Federal Railroad Administration
requirement in 49 CFR 391.41(b)(10), physically qualified under 49 CFR [Docket No. FRA–2018–0008–N–10]
each has at least 20/40 corrected vision 391.41; (2) each driver must provide a
in the other eye, and in a doctor’s copy of the ophthalmologist’s or Proposed Agency Information
opinion, has sufficient vision to perform optometrist’s report to the Medical Collection Activities; Comment
all the tasks necessary to operate a CMV. Examiner at the time of the annual Request
Doctors’ opinions are supported by medical examination; and (3) each
the applicants’ possession of a valid AGENCY: Federal Railroad
driver must provide a copy of the Administration (FRA), Department of
license to operate a CMV. By meeting annual medical certification to the
State licensing requirements, the Transportation (DOT).
employer for retention in the driver’s
applicants demonstrated their ability to ACTION: Notice of information collection;
qualification file, or keep a copy in his/
operate a CMV, with their limited vision her driver’s qualification file if he/she is request for comment.
in intrastate commerce, even though self-employed. The driver must also
their vision disqualified them from SUMMARY: Under the Paperwork
have a copy of the exemption when Reduction Act of 1995 (PRA), this notice
driving in interstate commerce. We driving, for presentation to a duly
believe that the applicants’ intrastate announces that FRA is forwarding the
authorized Federal, State, or local Information Collection Requests (ICRs)
driving experience and history provide enforcement official.
an adequate basis for predicting their abstracted below to the Office of
ability to drive safely in interstate VI. Preemption Management and Budget (OMB) for
commerce. Intrastate driving, like review and comment. The ICRs describe
During the period the exemption is in
interstate operations, involves the information collections and their
effect, no State shall enforce any law or
substantial driving on highways on the expected burden. On August 1, 2018,
regulation that conflicts with this
interstate system and on other roads FRA published a notice providing a 60-
khammond on DSK30JT082PROD with NOTICES

exemption with respect to a person
built to interstate standards. Moreover, day period for public comment on the
operating under the exemption.
driving in congested urban areas ICRs.
exposes the driver to more pedestrian VII. Conclusion DATES: Interested persons are invited to
and vehicular traffic than exists on Based upon its evaluation of the 13 submit comments on or before
interstate highways. Faster reaction to exemption applications, FMCSA November 29, 2018.
traffic and traffic signals is generally exempts the following drivers from the ADDRESSES: Submit written comments
required because distances between vision requirement, 49 CFR on the ICRs to the Office of Information

VerDate Sep<11>2014 17:34 Oct 29, 2018 Jkt 247001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\30OCN1.SGM 30OCN1

Document Created: 2018-10-30 00:43:23
Document Modified: 2018-10-30 00:43:23

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 17, 2018. The exemptions expire on August 17, 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 54644

83 FR 54644 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 210 (October 30, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration