Qualification of Drivers; Exemption Applications; Vision, 8334-8335 [2020-02966]
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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.
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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
https://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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://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