Qualification of Drivers; Exemption Applications; Vision, 45749-45750 [2018-19579]
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Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices
exemption from the vision requirement
in the FMCSRs for interstate CMV
drivers (77 FR 23799; 77 FR 33558; 79
FR 27365; 81 FR 28138):
Richard Doroba, (IL); and Tommy
Thomas, (CA).
The drivers were included in docket
number FMCSA–2012–0040. Their
exemptions are applicable as of June 6,
2018, and will expire on June 6, 2020.
As of June 27, 2018, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following two individuals
have satisfied the renewal conditions for
obtaining an exemption from the vision
requirement in the FMCSRs for
interstate CMV drivers (77 FR 27847; 77
FR 38386; 79 FR 29495; 81 FR 28138):
Matthew G. Epps, (FL); and James E.
Sikkink, (IL).
The drivers were included in docket
number FMCSA–2012–0104. Their
exemptions are applicable as of June 27,
2018, and will expire on June 27, 2020.
In accordance with 49 U.S.C. 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. 2018–19576 Filed 9–7–18; 8:45 am]
BILLING CODE 4910–EX–P
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.
DEPARTMENT OF TRANSPORTATION
II. Background
Federal Motor Carrier Safety
Administration
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
[Docket No. FMCSA–2018–0012]
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
SUMMARY:
daltland on DSKBBV9HB2PROD with NOTICES
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,
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:
VerDate Sep<11>2014
17:54 Sep 07, 2018
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PO 00000
Frm 00156
Fmt 4703
Sfmt 4703
45749
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 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
E:\FR\FM\10SEN1.SGM
10SEN1
45750
Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices
daltland on DSKBBV9HB2PROD with NOTICES
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
VerDate Sep<11>2014
17:54 Sep 07, 2018
Jkt 244001
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
PO 00000
Frm 00157
Fmt 4703
Sfmt 4703
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2018–0017]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of applications for
exemption; request for comments.
AGENCY:
FMCSA announces receipt of
applications from 12 individuals for an
exemption from the vision requirement
in the Federal Motor Carrier Safety
Regulations (FMCSRs) to operate a
commercial motor vehicle (CMV) in
interstate commerce. If granted, the
exemptions will enable these
individuals to operate CMVs in
interstate commerce without meeting
the vision requirement in one eye.
DATES: Comments must be received on
or before October 10, 2018.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2018–0017 using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 1200
New Jersey Avenue SE, West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery: West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., e.t.,
Monday through Friday, except Federal
Holidays.
• Fax: 1–202–493–2251.
Instructions: Each submission must
include the Agency name and the
docket number(s) for this notice. Note
that all comments received will be
posted without change to https://
www.regulations.gov, including any
personal information provided. Please
see the Privacy Act heading below for
further information.
Docket: For access to the docket to
read background documents or
comments, go to https://
www.regulations.gov at any time 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. The
FDMS is available 24 hours each day,
365 days each year. If you want
SUMMARY:
E:\FR\FM\10SEN1.SGM
10SEN1
Agencies
[Federal Register Volume 83, Number 175 (Monday, September 10, 2018)]
[Notices]
[Pages 45749-45750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 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 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