Qualification of Drivers; Exemption Applications; Vision, 33784-33786 [2020-11844]

Download as PDF 33784 Federal Register / Vol. 85, No. 106 / Tuesday, June 2, 2020 / Notices assist medical examiners (MEs) in determining whether drivers with certain medical conditions are qualified to operate a CMV in interstate commerce. khammond on DSKJM1Z7X2PROD with NOTICES 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 the 2007 recommendations of the Agency’s Medical Expert Panel (MEP). The Agency conducted an individualized assessment of each applicant’s medical information, including the root cause of the respective seizure(s) and medical information about the applicant’s seizure history, the length of time that has elapsed since the individual’s last seizure, the stability of each individual’s treatment regimen and the duration of time on or off of anti-seizure medication. In addition, the Agency reviewed the treating clinician’s medical opinion related to the ability of the driver to safely operate a CMV with a history of seizure and each applicant’s driving record found in the Commercial Driver’s License Information System for commercial driver’s license (CDL) holders, and interstate and intrastate inspections recorded in the Motor Carrier Management Information System. For non-CDL holders, the Agency reviewed the driving records from the State Driver’s Licensing Agency (SDLA). A summary of each applicant’s seizure history was discussed in the April 7, 2020, Federal Register notice (85 FR 19568) and will not be repeated in this notice. These seven applicants have been seizure-free over a range of 11 years while taking anti-seizure medication and maintained a stable medication treatment regimen for the last 2 years. In each case, the applicant’s treating physician verified his or her seizure www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/ CFR-2015-title49-vol5-part391-appA.pdf. VerDate Sep<11>2014 20:46 Jun 01, 2020 Jkt 250001 history and supports the ability to drive commercially. The Agency acknowledges the potential consequences of a driver experiencing a seizure while operating a CMV. However, the Agency believes the drivers granted this exemption have demonstrated that they are unlikely to have a seizure and their medical condition does not pose a risk to public safety. Consequently, FMCSA finds that in each case exempting these applicants from the epilepsy and seizure disorder prohibition in § 391.41(b)(8) 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 remain seizure-free and maintain a stable treatment during the 2-year exemption period; (2) each driver must submit annual reports from their treating physicians attesting to the stability of treatment and that the driver has remained seizure-free; (3) each driver must undergo an annual medical examination by a certified ME, as defined by § 390.5; and (4) 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 of his/her driver’s qualification file if he/she is selfemployed. 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 seven exemption applications, FMCSA exempts the following drivers from the epilepsy and seizure disorder prohibition, § 391.41(b)(8), subject to the requirements cited above: Jason Allie (CA) Jay Asack (MA) David Bigler (MN) Barry Dull (OH) Jeffrey Kuper (IL) John Mieyr (MT) Harold Seaton (KY) 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 PO 00000 Frm 00165 Fmt 4703 Sfmt 4703 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). Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2020–11845 Filed 6–1–20; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2020–0006] 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 eight 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. SUMMARY: The exemptions were applicable on May 7, 2020. The exemptions expire on May 7, 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: DATES: 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-2020-0006 and E:\FR\FM\02JNN1.SGM 02JNN1 Federal Register / Vol. 85, No. 106 / Tuesday, June 2, 2020 / Notices 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. To be sure someone is there to help you, please call (202) 366–9317 or (202) 366– 9826 before visiting Docket Operations. 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. khammond on DSKJM1Z7X2PROD with NOTICES II. Background On April 6, 2020, FMCSA published a notice announcing receipt of applications from eight individuals requesting an exemption from vision requirement in 49 CFR 391.41(b)(10) and requested comments from the public (85 FR 19924). The public comment period ended on May 6, 2020, 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). 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 VerDate Sep<11>2014 20:46 Jun 01, 2020 Jkt 250001 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 April 6, 2020, Federal Register notice (85 FR 19924) 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 eight 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, macular scar, optic nerve atrophy, prosthesis, retinal detachment, and retinal dysplasia. 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 individual who developed his vision condition as an adult has had it for 6 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 and vehicular traffic than exists on interstate highways. Faster reaction to PO 00000 Frm 00166 Fmt 4703 Sfmt 4703 33785 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 47 years. In the past 3 years, no drivers were involved in crashes, and one driver was convicted of a moving violation in a CMV. 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. VII. Conclusion Based upon its evaluation of the eight exemption applications, FMCSA exempts the following drivers from the E:\FR\FM\02JNN1.SGM 02JNN1 33786 Federal Register / Vol. 85, No. 106 / Tuesday, June 2, 2020 / Notices vision requirement, § 391.41(b)(10), subject to the requirements cited above: Terry M. Baldwin (PA) Samuel L. Eakman (PA) Raymond C. King (OH) Robert G. Lanning (VA) Gary D. Larson (NE) Larry Owen (TX) John C. Perrone (PA) Ronald D. Wilson (KY) 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). Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2020–11844 Filed 6–1–20; 8:45 am] BILLING CODE 4910–EX–P Table of Contents A. Program Description B. Federal Award Information C. Eligibility Information D. Application and Submission Information E. Application Review Information F. Federal Award Administration Information G. Federal Awarding Agency Contact(s) DEPARTMENT OF TRANSPORTATION A. Program Description Federal Transit Administration The FTA is soliciting proposals to administer the National Aging and Disability Transportation Center (NADTC). The mission of the NADTC is to promote the availability and accessibility of transportation options for older adults, people with disabilities, caregivers and communities. The need for accessible transportation that supports independent community living is growing in the United States. The U.S. Census Bureau American Community Survey in 2018 estimated that 12.6 percent of the U.S. population (40.6 million) living in the community has a disability. The population age 65 and over was 52 million in 2018, 16 percent of the population. Employment and poverty rates disproportionately negatively affect people with disabilities and older adults. Investment in accessible public transportation, including the over $280 million in funding provided annually through the Enhanced Mobility of Seniors and People with Disabilities Program (Section 5310), is an important enabler of the American dream for many people. The NADTC makes a significant difference in helping communities enhance the benefits of public transportation, including high impact Section 5310 projects that improve mobility for people with disabilities and older adults. Solicitation of Proposals for the National Aging and Disability Transportation Center Federal Transit Administration (FTA), DOT. ACTION: Notice of funding opportunity. AGENCY: The Federal Transit Administration (FTA) is soliciting proposals under FTA’s Technical Assistance and Workforce Development Program, to select an entity to administer the National Aging and Disability Transportation Center (NADTC). The NADTC will carry out activities to promote the availability and accessibility of transportation options that serve the needs of people with disabilities, seniors, and their caregivers, with a focus on effectively leveraging the program funds of the Enhanced Mobility of Seniors and Individuals with Disabilities Formula grants and other transit investments. The NADTC provides effective solutions that improve mobility for seniors and individuals with disabilities throughout the country by helping systems remove barriers to transportation services and expanding community transportation mobility options. The FTA intends to fund the NADTC up to $1,900,000, for the first year, subject to availability of funds. The FTA may extend funding for SUMMARY: khammond on DSKJM1Z7X2PROD with NOTICES this center for up to five (5) years; however, subsequent funding will depend upon: (1) Future authorizations and appropriations; (2) decisions and program priorities established by the Secretary of Transportation related to the implementation of provisions set forth in 49 U.S.C. 5314; and (3) annual performance reviews. DATES: Complete proposals for funding opportunity FTA–2020–009–NADTC must be submitted electronically through GRANTS.GOV. All applications must be received by 11:59 p.m. Eastern time on July 2, 2020. FOR FURTHER INFORMATION CONTACT: Elan Flippin, FTA Office of Program Management, (202) 366–3800 or Elan.flippin@dot.gov. SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 20:46 Jun 01, 2020 Jkt 250001 PO 00000 Frm 00167 Fmt 4703 Sfmt 4703 The work of the NADTC builds upon the work of the Coordinating Council on Access and Mobility (CCAM), promoting coordination to ensure older adults, people with disabilities, people of low income, and disadvantaged communities benefit from coordinated planning activities and the resulting projects. The NADTC carries out activities that demonstrate impact and achieve the following goals: • Promoting the essential role of accessible transportation in furthering the economic inclusion, access to healthcare, links to education, connections to recreation/leisure activities, and independent living of people with disabilities and older adults; • Increasing the effectiveness, efficiency and quality of coordinated human service transportation activities; • Ensuring that the planning of transportation services for people with disabilities, older adults and caregivers is done in conjunction with broader planning activities at all levels; • Highlighting and assisting in the development of promising practices, including the use of technology, to solve transportation challenges for people with disabilities and older adults and maximizing the effectiveness of Federal investments in specialized transportation services. For more information on the various programs and services currently provided by the NADTC, visit the NADTC website at: https://www.nadtc.org/. B. Federal Award Information FTA intends to fund the NADTC through a cooperative agreement at up to $1,900,000 for the first year with the option to extend for up to four (4) additional years. FTA’s decision to exercise these options is subject to: (1) Decisions and program priorities established by the Secretary of Transportation related to the implementation of the Technical Assistance and Workforce Development program (49 U.S.C. 5314); (2) future authorizations and appropriations; and (3) annual reviews of the NADTC’s performance. C. Eligibility Information 1. Eligible Applicants Eligible applicants are non-profit organizations with experience in the delivery of programs and services that seek to serve the targeted population of older adults and people with disabilities; experience in public transportation-related technical assistance; and the organizational capacity to administer a national technical assistance center program. E:\FR\FM\02JNN1.SGM 02JNN1

Agencies

[Federal Register Volume 85, Number 106 (Tuesday, June 2, 2020)]
[Notices]
[Pages 33784-33786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11844]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0006]


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 eight 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 May 7, 2020. The exemptions 
expire on May 7, 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-2020-0006 and

[[Page 33785]]

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. To 
be sure someone is there to help you, please call (202) 366-9317 or 
(202) 366-9826 before visiting Docket Operations.

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 April 6, 2020, FMCSA published a notice announcing receipt of 
applications from eight individuals requesting an exemption from vision 
requirement in 49 CFR 391.41(b)(10) and requested comments from the 
public (85 FR 19924). The public comment period ended on May 6, 2020, 
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 April 6, 2020, Federal 
Register notice (85 FR 19924) 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 eight 
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, macular scar, optic nerve atrophy, 
prosthesis, retinal detachment, and retinal dysplasia. 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 individual who developed his vision condition as an 
adult has had it for 6 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 47 years. In the past 3 years, no 
drivers were involved in crashes, and one driver was convicted of a 
moving violation in a CMV. 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 eight exemption applications, 
FMCSA exempts the following drivers from the

[[Page 33786]]

vision requirement, Sec.  391.41(b)(10), subject to the requirements 
cited above:

Terry M. Baldwin (PA)
Samuel L. Eakman (PA)
Raymond C. King (OH)
Robert G. Lanning (VA)
Gary D. Larson (NE)
Larry Owen (TX)
John C. Perrone (PA)
Ronald D. Wilson (KY)

    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).

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-11844 Filed 6-1-20; 8:45 am]
 BILLING CODE 4910-EX-P


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