Qualification of Drivers; Exemption Applications; Vision, 8334-8335 [2020-02966]

Download as PDF 8334 Federal Register / Vol. 85, No. 30 / Thursday, February 13, 2020 / Notices Dated: January 28, 2020. Stephen E. Biegun, Deputy Secretary of State. [FR Doc. 2020–02879 Filed 2–12–20; 8:45 am] BILLING CODE 4710–26–P Federal programs and activities apply to this program). a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. Dated: February 7, 2020. Arlene K. Kocher, Division Administrator, Federal Highway Administration, Springfield, Illinois. 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.transportation.gov/privacy. [FR Doc. 2020–02920 Filed 2–12–20; 8:45 am] DEPARTMENT OF TRANSPORTATION BILLING CODE 4910–22–P Federal Highway Administration DEPARTMENT OF TRANSPORTATION Environmental Impact Statement: Christian, Shelby, Fayette, Marion, Clinton, Jefferson and Washington Counties, Illinois Federal Motor Carrier Safety Administration [Docket No. FMCSA–2019–0018] Federal Highway Administration (FHWA), DOT. ACTION: Notice to rescind a Notice of Intent to prepare an Environmental Impact Statement. AGENCY: Qualification of Drivers; Exemption Applications; Vision The FHWA is issuing this notice to advise the public that an environmental impact statement will not be prepared for the US 51 Project, a proposed transportation improvement project in Christian, Shelby, Fayette, Marion, Clinton, Jefferson and Washington Counties in Illinois. FOR FURTHER INFORMATION CONTACT: Arlene K. Kocher, Division Administrator, Federal Highway Administration, 3250 Executive Park Drive, Springfield, Illinois 62703. Phone: (217) 492–4600. Jeffrey P. Meyers, P.E., Region 4 Engineer, Illinois Department of Transportation, 400 West Wabash, Effingham, Illinois 62401, Phone: 217– 342–8201. SUPPLEMENTARY INFORMATION: The FHWA, in cooperation with the Illinois Department of Transportation (IDOT), issued a notice of intent to prepare an environmental impact statement (EIS) on November 26, 2007 (72 FR 67779). The project proposal was to address potential increases in traffic volumes, operational issues, and State economic initiatives of the existing 70-mile roadway facility south of Pana to east of Irvington, Illinois. The FHWA is rescinding the notice of intent because IDOT has no plans to advance the project and no further activities will occur in its development. Comments or questions concerning this notice should be directed to FHWA or the Illinois Department of Transportation at the addresses provided above. jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: Authority: 23 U.S.C. 315; 23 CFR 771.123; 49 CFR 1.48. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Research, Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on VerDate Sep<11>2014 18:34 Feb 12, 2020 Jkt 250001 Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: FMCSA announces its decision to exempt 11 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 January 22, 2020. The exemptions expire on January 22, 2022. 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: 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/ docket?D=FMCSA-2019-0018 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 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 II. Background On December 19, 2019, FMCSA published a notice announcing receipt of applications from 11 individuals requesting an exemption from vision requirement in 49 CFR 391.41(b)(10) and requested comments from the public (84 FR 69814). The public comment period ended on January 21, 2020, 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 § 391.41(b)(10). 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 one comment in this proceeding. Matthew W submitted a comment that asks for clarification on the current process is by which individuals who are not U.S. Citizens may be able to acquire a license, and suggests that such individuals be required to hold an Operator’s License for some period of time prior to being eligible to operate a CMV. This comment is not related to Vision Exemptions and is outside the scope of the current notice. 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 E:\FR\FM\13FEN1.SGM 13FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 30 / Thursday, February 13, 2020 / Notices 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 December 19, 2019, Federal Register notice (84 FR 69814) 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 11 exemption applicants listed in this notice are in this category. They are unable to meet the vision requirement in one eye for various reasons, including amblyopia, complete loss of vision, degenerative myopia, glaucoma, optic neuropathy, prosthesis, retinal detachment, and retinal scars. In most cases, their eye conditions did not develop recently. Seven of the applicants were either born with their vision impairments or have had them since childhood. The four individuals that developed their vision conditions as adults have had them for a range of 9 to 31 years. Although each 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 VerDate Sep<11>2014 18:34 Feb 12, 2020 Jkt 250001 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 61 years. In the past 3 years, one driver was involved in a crash, 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 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. PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 8335 VII. Conclusion Based upon its evaluation of the 11 exemption applications, FMCSA exempts the following drivers from the vision requirement, § 391.41(b)(10), subject to the requirements cited above: Wayne Brannon (NC) Raymond K. Brubaker (WA) Fred L. Eads, Jr. (MO) Joseph L. Gomez III (MD) Mack D. Jenkins (NC) Timothy B. Jones (PA) James J. Kyler (OK) Robert C. Mock (KS) David J. Reed (TX) Derrick A. Robinson (AL) David A. Simpson (OH) 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: January 31, 2020. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2020–02966 Filed 2–12–20; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration Fiscal Years (FY) 2018 Competitive Research Funding Opportunity: FTA’s Public Transportation Innovation Program, (49 U.S.C. 5312) Federal Transit Administration (FTA), DOT. ACTION: Notice of Funding Opportunity (NOFO) for the Safety Research and Demonstration (SRD) Program. AGENCY: The Federal Transit Administration (FTA) announces the availability of up to $7,300,000 in Fiscal Year (FY) 2018 and FY 2019 Public Transportation Innovation funds to demonstrate and evaluate innovative technologies, safer designs and/or practices to improve rail transit safety. FTA is seeking to fund cooperative agreements to engage in demonstrations that will improve the operational safety of rail transit services in the U.S. FTA is particularly interested in proposals to prevent and mitigate suicide and trespassing hazards on rail transit SUMMARY: E:\FR\FM\13FEN1.SGM 13FEN1

Agencies

[Federal Register Volume 85, Number 30 (Thursday, February 13, 2020)]
[Notices]
[Pages 8334-8335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02966]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0018]


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 11 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 January 22, 2020. The 
exemptions expire on January 22, 2022.

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 http://www.regulations.gov/docket?D=FMCSA-2019-0018 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.transportation.gov/privacy.

II. Background

    On December 19, 2019, FMCSA published a notice announcing receipt 
of applications from 11 individuals requesting an exemption from vision 
requirement in 49 CFR 391.41(b)(10) and requested comments from the 
public (84 FR 69814). The public comment period ended on January 21, 
2020, 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 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 one comment in this proceeding. Matthew W submitted 
a comment that asks for clarification on the current process is by 
which individuals who are not U.S. Citizens may be able to acquire a 
license, and suggests that such individuals be required to hold an 
Operator's License for some period of time prior to being eligible to 
operate a CMV. This comment is not related to Vision Exemptions and is 
outside the scope of the current notice.

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

[[Page 8335]]

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 December 19, 2019, Federal 
Register notice (84 FR 69814) 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 11 
exemption applicants listed in this notice are in this category. They 
are unable to meet the vision requirement in one eye for various 
reasons, including amblyopia, complete loss of vision, degenerative 
myopia, glaucoma, optic neuropathy, prosthesis, retinal detachment, and 
retinal scars. In most cases, their eye conditions did not develop 
recently. Seven of the applicants were either born with their vision 
impairments or have had them since childhood. The four individuals that 
developed their vision conditions as adults have had them for a range 
of 9 to 31 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 3 to 61 years. In the past 3 years, one 
driver was involved in a crash, 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 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 11 exemption applications, FMCSA 
exempts the following drivers from the vision requirement, Sec.  
391.41(b)(10), subject to the requirements cited above:

Wayne Brannon (NC)
Raymond K. Brubaker (WA)
Fred L. Eads, Jr. (MO)
Joseph L. Gomez III (MD)
Mack D. Jenkins (NC)
Timothy B. Jones (PA)
James J. Kyler (OK)
Robert C. Mock (KS)
David J. Reed (TX)
Derrick A. Robinson (AL)
David A. Simpson (OH)
    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: January 31, 2020.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-02966 Filed 2-12-20; 8:45 am]
 BILLING CODE 4910-EX-P