Qualification of Drivers; Exemption Applications; Vision, 58450-58452 [2019-23763]
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khammond on DSKJM1Z7X2PROD with NOTICES
58450
Federal Register / Vol. 84, No. 211 / Thursday, October 31, 2019 / Notices
Alex P. Makhanov (WA)
Michael L. Martin (OH)
Dean A. Maystead (MI)
Lawrence McGowan (OH)
David McKinney (OR)
Dionicio Mendoza (TX)
William F. Nickel, V (OR)
Jason C. Nicklow (PA)
Russell W. Nutter (OH)
Gary A. Oster (OR)
Richard E. Perry (CA)
Nathan Pettis (FL)
Mark A. Pirl (NC)
Jason W. Rupp (PA)
Kirby R. Sands (IA)
Bobby Sawyers (PA)
Calvin J. Schaap (MN)
Ernesto Silva (NM)
Larry D. Steiner (MN)
Steven W. Stull (IL)
Terrance W. Temple (OH)
James L. Tinsley, Jr. (VA)
John Vanek (MO)
Victor H. Vera (TX)
Stephen W. Verrette (MI)
Daniel E. Watkins (FL)
The drivers were included in docket
numbers FMCSA–2001–9561; FMCSA–
2005–20560; FMCSA–2005–21254;
FMCSA–2007–25246; FMCSA–2007–
27897; FMCSA–2008–0266; FMCSA–
2009–0121; FMCSA–2009–0154;
FMCSA–2010–0327; FMCSA–2010–
0385; FMCSA–2011–0024; FMCSA–
2011–0092; FMCSA–2011–0124;
FMCSA–2011–0140; FMCSA–2011–
0142; FMCSA–2013–0026; FMCSA–
2013–0027; FMCSA–2013–0029;
FMCSA–2013–0030; FMCSA–2014–
0302; FMCSA–2015–0048; FMCSA–
2015–0049; FMCSA–2015–0052;
FMCSA–2015–0053; FMCSA–2015–
0055; FMCSA–2016–0212; FMCSA–
2016–0214; FMCSA–2017–0016;
FMCSA–2017–0018; FMCSA–2017–
0019; and FMCSA–2017–0020. Their
exemptions are applicable as of October
3, 2019, and will expire on October 3,
2021.
As of October 19, 2019, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following 15 individuals
have satisfied the renewal conditions for
obtaining an exemption from the vision
requirement in the FMCSRs for
interstate CMV drivers (82 FR 43647; 83
FR 2289):
Paul A. Bartels (WI)
Charles C. Berns (IA)
Jeremiah E. Casey (MO)
Leonard M. Cassieri (CA)
Jimmie E. Curtis (NM)
Jonathan P. Edwards (PA)
James A. Green (IL)
Richard Healy (MD)
Stephen M. Lovell (TX)
Carlos Marquez (WI)
Jason L. McBride (MI)
VerDate Sep<11>2014
16:38 Oct 30, 2019
Jkt 250001
Dennis M. Olson (WI)
Daniel C. Sagert (WI)
Robert D. Steele (WA)
Daniel D. Woodworth (FL)
The drivers were included in docket
number FMCSA–2017–0023. Their
exemptions are applicable as of October
19, 2019, and will expire on October 19,
2021.
As of October 23, 2019, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following six individuals
have satisfied the renewal conditions for
obtaining an exemption from the vision
requirement in the FMCSRs for
interstate CMV drivers (78 FR 47818; 78
FR 63307; 80 FR 59225; 82 FR 47312):
Larry E. Blakely (GA)
Arlene S. Kent (NH)
Willie L. Murphy (IN)
Joseph J. Pudlik (IL)
Jeffrey R. Swett (SC)
Brian C. Tate (VA)
The drivers were included in docket
number FMCSA–2013–0165. Their
exemptions are applicable as of October
23, 2019, and will expire on October 23,
2021.
As of October 24, 2019, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following eight
individuals have satisfied the renewal
conditions for obtaining an exemption
from the vision requirement in the
FMCSRs for interstate CMV drivers (66
FR 30502; 66 FR 41654; 68 FR 44837;
70 FR 30999; 70 FR 41811; 70 FR 46567;
70 FR 48797; 70 FR 61493; 72 FR 40359;
72 FR 54971; 74 FR 34074; 74 FR 49069;
76 FR 62143; 78 FR 77782; 80 FR 59225;
82 FR 47312):
Andrew B. Clayton (TN)
William P. Doolittle (MO)
Jonathan M. Gentry (TN)
Benny D. Hatton, Jr. (NY)
Robert W. Healey, Jr. (NJ)
Thomas W. Markham (MN)
Kevin L. Moody (OH)
John C. Young (VA)
The drivers were included in docket
numbers FMCSA–2001–9561; FMCSA–
2005–21254; FMCSA–2005–21711.
Their exemptions are applicable as of
October 24, 2019, and will expire on
October 24, 2021.
As of October 30, 2019, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following four individuals
have satisfied the renewal conditions for
obtaining an exemption from the vision
requirement in the FMCSRs for
interstate CMV drivers (68 FR 52811; 68
FR 61860; 70 FR 61165; 74 FR 53581;
76 FR 64171; 78 FR 68137; 80 FR 59225;
82 FR 47312):
Dewayne E. Harms (IL)
Jesse L. Townsend (LA)
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Fmt 4703
Sfmt 4703
James A. Welch (NH)
Michael E. Yount (ID)
The drivers were included in docket
number FMCSA–2003–15892. Their
exemptions are applicable as of October
30, 2019, and will expire on October 30,
2021.
As of October 31, 2019, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following four individuals
have satisfied the renewal conditions for
obtaining an exemption from the vision
requirement in the FMCSRs for
interstate CMV drivers (76 FR 55465; 76
FR 67246; 78 FR 77782; 80 FR 59225;
82 FR 47312):
Darrell G. Anthony (TX)
Harold L. Pearsall (PA)
Phillip M. Pridgen, Sr. (MD)
Gerald D. Stidham (CO)
The drivers were included in docket
number FMCSA–2011–0189. Their
exemptions are applicable as of October
31, 2019, and will expire on October 31,
2021.
In accordance with 49 U.S.C.
31315(b), each exemption will be valid
for 2 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(e) and
31315(b).
Issued on: October 24, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019–23759 Filed 10–30–19; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2019–0014]
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 ten 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
SUMMARY:
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Federal Register / Vol. 84, No. 211 / Thursday, October 31, 2019 / Notices
these individuals to operate CMVs in
interstate commerce without meeting
the vision requirement in one eye.
DATES: The exemptions were applicable
on October 8, 2019. The exemptions
expire on October 8, 2019.
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
Operations, (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
https://www.regulations.gov/
docket?D=FMCSA-2019-0014 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 Operations 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.
khammond on DSKJM1Z7X2PROD with NOTICES
II. Background
On September 6, 2019, FMCSA
published a notice announcing receipt
of applications from ten individuals
requesting an exemption from vision
requirement in 49 CFR 391.41(b)(10)
and requested comments from the
public (84 FR 47050). The public
comment period ended on October 7,
2019, 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 § 391.41(b)(10).
VerDate Sep<11>2014
16:38 Oct 30, 2019
Jkt 250001
The physical qualification standard
for drivers regarding vision found in
§ 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 no comments in this
proceeding.
IV. Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and
31315(b), FMCSA may grant an
exemption from the FMCSRs for no
longer than a 5-year period if it finds
such exemption would likely achieve a
level of safety that is equivalent to, or
greater than, the level that would be
achieved absent such exemption. The
statute also allows the Agency to renew
exemptions at the end of the 5-year
period. FMCSA grants medical
exemptions from the FMCSRs for a 2year 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 6,
2019, Federal Register notice (84 FR
47050) and will not be repeated here.
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 ten 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, enucleated left eye, optic
atrophy, prosthesis, retinal detachment,
and retinal scar. In most cases, their eye
conditions did not develop recently.
Four of the applicants were either born
with their vision impairments or have
had them since childhood. The six
individuals that developed their vision
conditions as adults have had them for
a range of 5 to 36 years. Although each
PO 00000
Frm 00083
Fmt 4703
Sfmt 4703
58451
applicant has one eye that does not meet
the vision requirement in
§ 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 45 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 that demonstrates 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
§ 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 § 391.41(b)(10) and (b) by a
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Federal Register / Vol. 84, No. 211 / Thursday, October 31, 2019 / Notices
certified medical examiner (ME) who
attests that the individual is otherwise
physically qualified under § 391.41; (2)
each driver must provide a copy of the
ophthalmologist’s or optometrist’s
report to the ME 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 ten
exemption applications, FMCSA
exempts the following drivers from the
vision requirement, § 391.41(b)(10),
subject to the requirements cited above:
khammond on DSKJM1Z7X2PROD with NOTICES
Alex T. Balk (AZ)
Brian K. Egbert (MO)
Joseph M. Morgan (FL)
Chris J. Orphan, Jr. (SC)
Wayne E. Page (NC)
Joaquin A. Sandoval (OR)
Donald J. Thoel (MI)
Harold W. Via (VA)
Milton D. Voepel (MO)
Andrew L. Walker (MN)
In accordance with 49 U.S.C. 31136(e)
and 31315(b), each exemption will be
valid for 2 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(e) and
31315(b).
Issued on: October 24, 2019.
Larry W. Minor,
Associate Administrator for Policy.
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[FMCSA Docket No. FMCSA–2019–0033]
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 five 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 October 4, 2019. The exemptions
expire on October 4, 2021.
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
Operations, (202) 366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
III. Discussion of Comments
A. Viewing Documents and Comments
IV. Basis for Exemption Determination
To view comments, as well as any
documents mentioned in this notice as
being available in the docket, go to
https://www.regulations.gov/
docket?D=FMCSA-2019-0033 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.
Under 49 U.S.C. 31136(e) and
31315(b), FMCSA may grant an
exemption from the FMCSRs for no
longer than a 5-year period if it finds
such exemption would likely achieve a
level of safety that is equivalent to, or
greater than, the level that would be
achieved absent such exemption. The
statute also allows the Agency to renew
exemptions at the end of the 5-year
period. FMCSA grants medical
exemptions from the FMCSRs for a 2year period to align with the maximum
B. Privacy Act
In accordance with 5 U.S.C. 553(c),
DOT solicits comments from the public
Jkt 250001
On August 28, 2019, FMCSA
published a notice announcing receipt
of applications from five individuals
requesting an exemption from the
epilepsy and seizure disorders
prohibition in 49 CFR 391.41(b)(8) and
requested comments from the public (84
FR 45205). The public comment period
ended on September 27, 2019, and no
comments were 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 § 391.41(b)(8).
The physical qualification standard
for drivers regarding epilepsy found in
§ 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.
In addition to the regulations, FMCSA
has published advisory criteria 1 to
assist medical examiners (MEs) in
determining whether drivers with
certain medical conditions are qualified
to operate a CMV in interstate
commerce.
FMCSA received no comments in this
proceeding.
BILLING CODE 4910–EX–P
16:38 Oct 30, 2019
II. Background
I. Public Participation
[FR Doc. 2019–23763 Filed 10–30–19; 8:45 am]
VerDate Sep<11>2014
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.
PO 00000
Frm 00084
Fmt 4703
Sfmt 4703
1 These criteria may be found in APPENDIX A TO
PART 391—MEDICAL ADVISORY CRITERIA,
section H. Epilepsy: § 391.41(b)(8), paragraphs 3, 4,
and 5, which is available on the internet at https://
www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/
CFR-2015-title49-vol5-part391-appA.pdf.
E:\FR\FM\31OCN1.SGM
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Agencies
[Federal Register Volume 84, Number 211 (Thursday, October 31, 2019)]
[Notices]
[Pages 58450-58452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23763]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2019-0014]
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 ten 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
[[Page 58451]]
these individuals to operate CMVs in interstate commerce without
meeting the vision requirement in one eye.
DATES: The exemptions were applicable on October 8, 2019. The
exemptions expire on October 8, 2019.
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 Operations, (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 https://www.regulations.gov/docket?D=FMCSA-2019-0014 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 Operations 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 6, 2019, FMCSA published a notice announcing receipt
of applications from ten individuals requesting an exemption from
vision requirement in 49 CFR 391.41(b)(10) and requested comments from
the public (84 FR 47050). The public comment period ended on October 7,
2019, 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 Sec. 391.41(b)(10).
The physical qualification standard for drivers regarding vision
found in Sec. 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 no comments in this proceeding.
IV. Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-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 6, 2019, Federal
Register notice (84 FR 47050) and will not be repeated here.
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 ten
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, enucleated left eye, optic atrophy, prosthesis, retinal
detachment, and retinal scar. In most cases, their eye conditions did
not develop recently. Four of the applicants were either born with
their vision impairments or have had them since childhood. The six
individuals that developed their vision conditions as adults have had
them for a range of 5 to 36 years. Although each applicant has one eye
that does not meet the vision requirement in Sec. 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 45 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 that demonstrates 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 Sec. 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 Sec. 391.41(b)(10) and
(b) by a
[[Page 58452]]
certified medical examiner (ME) who attests that the individual is
otherwise physically qualified under Sec. 391.41; (2) each driver must
provide a copy of the ophthalmologist's or optometrist's report to the
ME 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 ten exemption applications, FMCSA
exempts the following drivers from the vision requirement, Sec.
391.41(b)(10), subject to the requirements cited above:
Alex T. Balk (AZ)
Brian K. Egbert (MO)
Joseph M. Morgan (FL)
Chris J. Orphan, Jr. (SC)
Wayne E. Page (NC)
Joaquin A. Sandoval (OR)
Donald J. Thoel (MI)
Harold W. Via (VA)
Milton D. Voepel (MO)
Andrew L. Walker (MN)
In accordance with 49 U.S.C. 31136(e) and 31315(b), each exemption
will be valid for 2 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(e) and 31315(b).
Issued on: October 24, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-23763 Filed 10-30-19; 8:45 am]
BILLING CODE 4910-EX-P