83 FR 56137 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 218 (November 9, 2018)

Page Range		56137-56138
FR Document		2018-24553

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.

Federal Register, Volume 83 Issue 218 (Friday, November 9, 2018)

[Federal Register Volume 83, Number 218 (Friday, November 9, 2018)]
[Notices]
[Pages 56137-56138]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24553]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0017]


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 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 October 11, 2018. The 
exemptions expire on October 11, 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-2018-0017, 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 September 10, 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 45750). The public comment period ended on October 10, 
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 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 two comments in this proceeding. Vicky Johnson of 
the Minnesota Department of Public Safety has no objections to 
Nathanael Lee or James Wright being granted an exemption. Valerie Chung 
agrees with FMCSA's decision to grant exemptions to the drivers listed 
in this notice, and supports the determination that doing so is likely 
to achieve an equivalent or greater level of safety than would be 
achieved without the exemption.

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

[[Page 56138]]

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 and experience driving with the vision deficiency. The 
qualifications, experience, and medical condition of each applicant 
were stated and discussed in detail in the September 10, 2018, Federal 
Register notice (83 FR 45750) 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, enucleation, macular hole, macular scar, 
prosthesis, retinal detachment, and retinal scar. In most cases, their 
eye conditions were not recently developed. Six of the applicants were 
either born with their vision impairments or have had them since 
childhood. The six individuals that sustained their vision conditions 
as adults have had it for a range of 3 to 20 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, 
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:

John A. Edison (GA)
Rodney P. Hains (ND)
Darryl D. Kelley (TX)
Thomas J. Knapp (WA)
Darrell D. Kropf (CA)
Nathanael Lee (MN)
John G. Mudd (KY)
Jeffrey Ridenhour (AR)
John R. Russ II (NC)
Gary A. Ulitsch (CT)
Casey O. Wootan (MT)
James C. Wright (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: November 1, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-24553 Filed 11-8-18; 8:45 am]
 BILLING CODE 4910-EX-P

56138 Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Notices

49 CFR 391.41(b)(10) if the exemption is and vehicular traffic than exists on VII. Conclusion
likely to achieve an equivalent or greater interstate highways. Faster reaction to Based upon its evaluation of the 12
level of safety than would be achieved traffic and traffic signals is generally exemption applications, FMCSA
without the exemption. The exemption required because distances between exempts the following drivers from the
allows applicants to operate CMVs in them are more compact. These vision requirement, 49 CFR
interstate commerce. FMCSA grants conditions tax visual capacity and 391.41(b)(10), subject to the
exemptions from the FMCSRs for a two- driver response just as intensely as requirements cited above:
year period to align with the maximum interstate driving conditions.
duration of a driver’s medical John A. Edison (GA)
The applicants in this notice have Rodney P. Hains (ND)
certification. driven CMVs with their limited vision
The Agency’s decision regarding these Darryl D. Kelley (TX)
in careers ranging for 3 to 80 years. In Thomas J. Knapp (WA)
exemption applications is based on
the past three years, no drivers were Darrell D. Kropf (CA)
medical reports about the applicants’
involved in crashes, and no drivers were Nathanael Lee (MN)
vision as well as their driving records
convicted of moving violations in John G. Mudd (KY)
and experience driving with the vision Jeffrey Ridenhour (AR)
CMVs. All the applicants achieved a
deficiency. The qualifications, John R. Russ II (NC)
record of safety while driving with their
experience, and medical condition of Gary A. Ulitsch (CT)
each applicant were stated and vision impairment, demonstrating the
likelihood that they have adapted their Casey O. Wootan (MT)
discussed in detail in the September 10, James C. Wright (MN)
2018, Federal Register notice (83 FR driving skills to accommodate their
condition. As the applicants’ ample In accordance with 49 U.S.C. 31136(e)
45750) and will not be repeated in this
driving histories with their vision and 31315, each exemption will be valid
notice.
FMCSA recognizes that some drivers deficiencies are good predictors of for two years from the effective date
do not meet the vision requirement but future performance, FMCSA concludes unless revoked earlier by FMCSA. The
have adapted their driving to their ability to drive safely can be exemption will be revoked if the
accommodate their limitation and projected into the future. following occurs: (1) The person fails to
demonstrated their ability to drive Consequently, FMCSA finds that in comply with the terms and conditions
safely. The 12 exemption applicants each case exempting these applicants of the exemption; (2) the exemption has
listed in this notice are in this category. from the vision requirement in 49 CFR resulted in a lower level of safety than
They are unable to meet the vision 391.41(b)(10) is likely to achieve a level was maintained prior to being granted;
requirement in one eye for various of safety equal to that existing without or (3) continuation of the exemption
reasons, including amblyopia, the exemption. would not be consistent with the goals
enucleation, macular hole, macular scar, and objectives of 49 U.S.C. 31136 and
prosthesis, retinal detachment, and V. Conditions and Requirements 31315.
retinal scar. In most cases, their eye The terms and conditions of the Issued on: November 1, 2018.
conditions were not recently developed. exemption are provided to the Larry W. Minor,
Six of the applicants were either born applicants in the exemption document Associate Administrator for Policy.
with their vision impairments or have and includes the following: (1) Each [FR Doc. 2018–24553 Filed 11–8–18; 8:45 am]
had them since childhood. The six driver must be physically examined BILLING CODE 4910–EX–P
individuals that sustained their vision every year (a) by an ophthalmologist or
conditions as adults have had it for a
optometrist who attests that the vision
range of 3 to 20 years. Although each DEPARTMENT OF TRANSPORTATION
in the better eye continues to meet the
applicant has one eye which does not
standard in 49 CFR 391.41(b)(10) and (b)
meet the vision requirement in 49 CFR Federal Motor Carrier Safety
by a certified Medical Examiner who
391.41(b)(10), each has at least 20/40 Administration
attests that the individual is otherwise
corrected vision in the other eye, and in
physically qualified under 49 CFR [Docket No. FMCSA–2017–0270]
a doctor’s opinion, has sufficient vision
391.41; (2) each driver must provide a
to perform all the tasks necessary to Hours of Service of Drivers: National
copy of the ophthalmologist’s or
operate a CMV. Tank Truck Carriers, Massachusetts
Doctors’ opinions are supported by optometrist’s report to the Medical
Examiner at the time of the annual Motor Transportation Association;
the applicants’ possession of a valid
medical examination; and (3) each Exemption Correction
license to operate a CMV. By meeting
State licensing requirements, the driver must provide a copy of the AGENCY: Federal Motor Carrier Safety
applicants demonstrated their ability to annual medical certification to the Administration (FMCSA), DOT.
operate a CMV, with their limited vision employer for retention in the driver’s
ACTION: Correction of exemption.
in intrastate commerce, even though qualification file, or keep a copy in his/
their vision disqualified them from her driver’s qualification file if he/she is SUMMARY: FMCSA amends its April 9,
driving in interstate commerce. We self-employed. The driver must also 2018, Notice of Final Disposition
believe that the applicants’ intrastate have a copy of the exemption when granting a limited exemption to the
driving experience and history provide driving, for presentation to a duly National Tank Truck Carriers, Inc.
an adequate basis for predicting their authorized Federal, State, or local (NTTC) and the Massachusetts Motor
ability to drive safely in interstate enforcement official. Transport Association, Inc. (MMTA)
khammond on DSK30JT082PROD with NOTICES

commerce. Intrastate driving, like VI. Preemption from the requirement that drivers of
interstate operations, involves commercial motor vehicles (CMVs)
substantial driving on highways on the During the period the exemption is in obtain a 30-minute rest break. The
interstate system and on other roads effect, no State shall enforce any law or Agency granted the limited exemption
built to interstate standards. Moreover, regulation that conflicts with this to drivers of CMVs transporting
driving in congested urban areas exemption with respect to a person specified fuels, and failed to include
exposes the driver to more pedestrian operating under the exemption. propane gas as a specified fuel as

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Document Created: 2018-11-09 03:34:09
Document Modified: 2018-11-09 03:34:09

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 October 11, 2018. The exemptions expire on October 11, 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 56137

83 FR 56137 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 218 (November 9, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration