Qualification of Drivers; Exemption Applications; Vision, 34677-34678 [2018-15550]
Download as PDF
Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices
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 12, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–15565 Filed 7–19–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2018–0011]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
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:
daltland on DSKBBV9HB2PROD with NOTICES
SUMMARY:
I. Electronic Access
You may see all the comments online
through the Federal Document
Management System (FDMS) at https://
www.regulations.gov.
Docket: For access to the docket to
read background documents or
VerDate Sep<11>2014
18:06 Jul 19, 2018
Jkt 244001
comments, go to https://
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 https://www.regulations.gov,
as described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://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° 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
PO 00000
Frm 00142
Fmt 4703
Sfmt 4703
34677
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
E:\FR\FM\20JYN1.SGM
20JYN1
34678
Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices
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.
daltland on DSKBBV9HB2PROD with NOTICES
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)
VerDate Sep<11>2014
18:06 Jul 19, 2018
Jkt 244001
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
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2018–0052]
Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to exempt seven individuals
from the requirement in the Federal
Motor Carrier Safety Regulations
(FMCSRs) that interstate commercial
motor vehicle (CMV) drivers have ‘‘no
established medical history or clinical
diagnosis of epilepsy or any other
condition which is likely to cause loss
of consciousness or any loss of ability to
control a CMV.’’ The exemptions enable
these individuals who have had one or
more seizures and are taking antiseizure medication to operate CMVs in
interstate commerce.
DATES: The exemptions were applicable
on July 1, 2018. The exemptions expire
on July 1, 2020.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical
Programs Division, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA,
SUMMARY:
PO 00000
Frm 00143
Fmt 4703
Sfmt 4703
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: https://
www.regulations.gov.
Docket: For access to the docket to
read background documents or
comments, go to https://
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 https://www.regulations.gov,
as described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
II. Background
On May 24, 2018, FMCSA published
a notice announcing receipt of
applications from seven individuals
requesting an exemption from the
epilepsy and seizure disorders
prohibition in 49 CFR 391.41(b)(8) and
requested comments from the public (83
FR 24153). The public comment period
ended on June 25, 2018, and one
comment was received.
FMCSA has evaluated the eligibility
of these applicants and determined that
granting 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)(8).
The physical qualification standard
for drivers regarding epilepsy found in
49 CFR 391.41(b)(8) states that a person
is physically qualified to drive a CMV
if that person has no established
medical history or clinical diagnosis of
epilepsy or any other condition which
is likely to cause the loss of
consciousness or any loss of ability to
control a CMV.
E:\FR\FM\20JYN1.SGM
20JYN1
Agencies
[Federal Register Volume 83, Number 140 (Friday, July 20, 2018)]
[Notices]
[Pages 34677-34678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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, [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 https://www.regulations.gov.
Docket: For access to the docket to read background documents or
comments, go to https://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 https://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at https://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