Physical Qualification of Drivers; Standards; Changes to Vision Exemption Program Criteria |
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Anne S. Ferro
Federal Motor Carrier Safety Administration
December 18, 2013
[Federal Register Volume 78, Number 243 (Wednesday, December 18, 2013)]
[Proposed Rules]
[Pages 76590-76592]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29651]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 381
[Docket No. FMCSA-2013-0097]
Physical Qualification of Drivers; Standards; Changes to Vision
Exemption Program Criteria
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Proposed change to criteria; request for comments.
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SUMMARY: FMCSA proposes changes to the eligibility requirements for the
Agency's Vision Exemption Program. Obtaining an exemption enables an
individual to operate commercial motor vehicles (CMVs) in interstate
commerce without satisfying all of the prescribed vision standards. The
Agency has determined that these proposed changes in the eligibility
criteria and conditions for the Vision Exemption Program will continue
to ensure a level of safety that is equivalent to, or greater than, the
level of safety maintained under the existing criteria.
DATES: Send your comments on or before January 17, 2014.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2013-0097 by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building, Ground
Floor, Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m.
E.T., Monday through Friday, except Federal holidays.
Fax: 202-493-2251.
To avoid duplication, please use only one of these four methods.
Instructions: All submissions must include the Agency name and
docket number. For detailed instructions on submitting comments and
additional information, see the Public Participation heading below, as
well as the Request for Information and Comments heading of the
SUPPLEMENTARY INFORMATION section of this document. Note that all
comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
Please see the Privacy Act heading below.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov. Follow the online
instructions for accessing the dockets, or go to the street address
listed above.
Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review the U.S. Department of Transportation's (DOT) Privacy
Act Statement for the Federal Docket Management System published in the
Federal Register on January17, 2008 (73 FR 3316), or you may visit
http://www.gpo.gov/fdsys/pkg/FR-2008-01-17/pdf/E8-785.pdf.
Public participation: The Federal eRulemaking Portal is generally
available 24 hours each day, 365 days each year. You can obtain
electronic submission and retrieval help and guidelines under the
``help'' section of the Federal eRulemaking Portal Web site. If you
would like us to notify you that we received your comments, please
include a self-addressed, stamped envelope or postcard, or print the
acknowledgement page that appears after submitting comments on-line.
Comments received after the comment closing date will be included
in the docket and we will consider late comments to the extent
practicable.
FOR FURTHER INFORMATION CONTACT: Ms. Elaine Papp, (202) 366-4001,
fmcsamedical@dot.gov, U.S. Department of Transportation, FMCSA, 1200
New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001.
Business hours are from 8:30 a.m. to 5 p.m., E.T., Monday through
Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Background
A. FMCSA's Vision Standard
FMCSA's primary mission is to reduce crashes, injuries, and
fatalities involving large trucks and buses. Under the provisions of 49
U.S.C. 31136(a) and 31502(b), FMCSA is authorized to establish minimum
qualification standards for drivers of CMVs operating in interstate
commerce. To ensure the medical fitness of CMV drivers for duty, the
Agency established a number of physical qualifications for drivers
under 49 CFR 391.41(b). Adequate visual function is necessary for safe
driving. The current vision standard pertains to acuity (the ability to
see at a distance), field of vision (the ability to see peripherally),
and the ability to detect and distinguish colors. Specifically, 49 CFR
391.41(b)(10) states that a person is physically qualified to drive a
CMV in interstate commerce if that person has:
(1) 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;
(2) distant binocular acuity of at least 20/40 (Snellen) in both
eyes with or without corrective lenses;
(3) field of vision of at least 70[deg] in the horizontal
meridian in each eye; and
(4) the ability to recognize the colors of traffic signals and
devices showing standard red, green, and amber.
B. FMCSA's Vision Exemption Program and Criteria
Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may exempt a CMV
driver from application of the vision standards 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 current Vision Exemption Program was established in
1998, following the enactment of amendments to the statutes governing
exemptions made by Sec. 4007 of the Transportation Equity Act for the
21st Century (TEA-21), Public Law 105-178, 112 Stat. 107, 401 (June 9,
1998). Applications are now handled in accordance with 49 CFR part 381
subpart C. Qualifying individuals may apply for an exemption for up to
two years from specified provisions of the Federal Motor Carrier Safety
Regulations, including physical qualification standards specified under
Sec. 391.41(b) (see 49 CFR 381.300(c)). Vision exemptions are
considered under the procedures established in 49 CFR part 381 subpart
C, on a case-by-case basis upon application by CMV drivers who do not
meet the vision standards of 49 CFR 391.41(b)(10).
Current Criteria and Conditions
A. Current Criteria for Considering Exemptions From the Vision
Standards
The criteria currently considered when reviewing an application for
an exemption have been in place since the program began in 1998. They
are consistent with criteria used in the preceding Vision Waiver
Program. In
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July 1992, the Agency first published the criteria for the Vision
Waiver Program, which listed the conditions and reporting standards
that CMV drivers approved for participation would need to meet
(``Qualification of Drivers; Vision Waivers,'' 57 FR 31458, July 16,
1992). In 1998, FMCSA subsequently adopted those criteria and
conditions, with revisions, for consideration in the current Vision
Exemption Program.
The Agency developed an example or template that drivers could use
to apply for a vision exemption. The template outlines all information
and documents the applicant should include to be considered for an
exemption and the criteria for approval. FMCSA has docketed a copy of
the template for reference, along with two additional instructional
letters for applicants residing in Florida or Indiana.\1\ These current
application materials are available on FMCSA's Web site at: http://www.fmcsa.dot.gov/rules-regulations/topics/medical/exemptions.htm.
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\1\ Applicants from Florida and Indiana are required to submit a
full driving record. This is because Florida and Indiana have
different content in their motor vehicle reports. Florida does not
include citations or accidents on motor vehicle reports that were
withheld (adjudication withheld) because of attendance at court or
traffic school. Therefore, the applicant must provide a current
official copy of his/her complete driving record from the state of
Florida, covering their entire record. Indiana does not include
accidents on motor vehicle reports unless the driver did not have
insurance at the time of the accident or the accident resulted in a
suspension of driving privileges. Therefore, the applicant must
request that a search be done to verify whether he or she has been
involved in any accidents during the 3-year driving period from the
Indiana State Police.
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Exemptions from the vision standards in 49 CFR 391.41(b)(10) are
considered only for those individuals with visual deficiencies who:
(1) hold a valid license;
(2) are at least 21 years old; and
(3) have 3 years of intrastate CMV driving experience immediately
preceding the date of the application, driving at least 10 hours per
week in intrastate commerce with the visual deficiency;
(4) have had a driving record for the same period listed above that
contains the following:
(a) no suspensions or revocations of a driver's license for the
operation of any motor vehicle (including a personal vehicle);
(b) no involvement in an accident where the driver's actions were a
contributing factor or the driver received a citation for a moving
traffic violation;
(c) no convictions for a serious traffic violation, as defined in
49 CFR 383.51(c);
(d) no more than one serious traffic violation, as defined in 49
CFR 383.51, driving a CMV during the 3-year period that disqualified or
should have disqualified the driver in accordance with the driver
disqualification provisions of 49 CFR 383.51; and
(e) no more than two convictions for any other moving traffic
violations in a CMV;
(5) provide a signed statement that reads, ``I acknowledge that I
must be otherwise qualified under 49 CFR 391.41(b)(1)-(13) or hold
another valid medical exemption before I can legally operate a
commercial motor vehicle in interstate commerce.'';
(6) have visual acuity of at least 20/40 (Snellen), corrected or
uncorrected, in the better eye;
(7) have field of vision in each eye, including central and
peripheral fields, of at least 70[deg] utilizing a testing modality
which tests to at least 120[deg] in the horizontal [Formal perimetry is
required. The doctor must submit the formal perimetry for each eye and
interpret the results in degrees of field of vision.];
(8) have the ability to recognize the colors of traffic control
signals and devices showing red, green, and amber; and
(9) have been examined by an ophthalmologist or optometrist who
signs a statement on letterhead in which the ophthalmologist or
optometrist:
(a) identifies the visual condition;
(b) defines the nature of the vision deficiency, including how long
the person has had the deficiency;
(c) states the date of the examination;
(d) certifies that the visual deficiency has been stable for the 3-
year period preceding the date of application; and
(e) provides an opinion that the person can perform the driving
tasks required to operate a CMV.
B. Current Conditions for Holding an Exemption to the Vision Standards
FMCSA is aware that vision conditions can deteriorate over time and
affect the driver's ability to operate a CMV safely. The following
conditions for holding an exemption from the vision standards under 49
CFR 391.41(b)(10) are imposed on exempted CMV drivers and include all
of the following,
(1) The exempted driver must be examined every year by
(a) an ophthalmologist or optometrist who attests to the fact that
the driver's vision continues to measure a visual acuity of at least
20/40 (Snellen) and a field of vision in the horizontal meridian of at
least 70[deg], both in the better eye; and
(b) a medical examiner who attests to the fact that the driver is
otherwise qualified under 49 CFR 391.41;
(2) the driver must provide a copy of the ophthalmologist or
optometrist report to his or her medical examiner at the time of the
annual medical examination;
(3) the driver must keep a copy of the annual medical certification
in his or her qualification file as long as the driver is self-employed
or provide a copy to the driver's employer for retention in the
driver's qualification file and retain a copy of the exemption
certificate on his or her person while driving for presentation to an
authorized Federal, State, or local enforcement official; and
(4) the driver must report any changes in personal information
(i.e., address, telephone number, employment status) to FMCSA
immediately, as well as changes in the type of vehicle driven. He or
she may be required at any time during the authorized exemption period
to provide information to the Agency regarding driving experience and
performance as it relates to citations, accidents or crashes,
suspensions or revocations, and medical status. Each driver will be
subject to periodic monitoring by FMCSA of his or her driving
performance while operating a CMV.
Proposed Criteria Changes
A. Criterion for Length of Driving Experience With a Stable Vision
Condition
FMCSA proposes to change the current 3-year driving experience
criterion to one of two options discussed below. The Agency requests
comments as to whether it should continue to require driving experience
but decrease the period from 3 years to 1 year of operating with the
vision deficiency, or eliminate the driving experience criterion. The
basis for this change is derived from the Medical Exemption Program
Study by Cambridge Systematics, Inc. (October 13, 2006), which found
the following:
The collision rates of visually impaired drivers in the
Vision Program were not higher than non-impaired drivers in the control
subset over the previous three years;
Compensatory viewing behavior is developed in order to
mitigate visual loss; and
Monocular commercial drivers did not have significant
differences in the performance of tasks involving safe
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driving and the location of the monocular eye is not significant.
Option One: Driving With a Stable Vision Condition for at Least 1 Year
While Operating a CMV in Intrastate Commerce
This change would allow FMCSA to continue evaluating the CMV
driver's safety record against his or her intrastate CMV driving
experience and is consistent with the Agency's rationale for
implementing the experience criterion. Though this option would reduce
the length of driving experience with vision deficiency by two years,
it would provide a timeframe that facilitates the verification of
accurate and safe driving and medical records.
However, not all CMV drivers are operating in States that allow
intrastate driving with a visual deficiency. Thus, unless the driver
experience criterion were removed entirely, it would continue to be an
obstacle for those CMV drivers who may actually be safe but cannot
accumulate the necessary one year of experience because of State driver
qualification policies. FMCSA would continue to use the driver's entire
motor vehicle record as opposed to only the CMV record as a way to
evaluate safety performance.
Option Two: The Driving Experience Criterion Would Be Removed
Removing the driving experience requirement would be consistent
with the principles of FMCSA's Diabetes Exemption Program. FMCSA would
continue to consider the driver's entire motor vehicle record but would
not require a specific amount of driving experience.
FMCSA would ask for an examination by the ophthalmologist or
optometrist to be reported within the last 3 months from the date of
application. FMCSA believes that this would avoid the risk of recent
deterioration.
B. Driving and Crash Record
The current criterion discussed above states that a driver must
have no convictions for a serious traffic violation, as defined in 49
CFR 383.51(c). The Agency proposes to change this to include all
provisions of 49 CFR 383.51 (b) and (c).
The current criteria, discussed above, recommend denial of an
exemption for any driver who was involved in a crash, whether the crash
occurred while driving a CMV, a personal automobile or a motorcycle,
where the driver's actions were a contributing factor or the driver
received a citation for a moving traffic violation in a CMV. In this
context, FMCSA proposes using the following definition of ``accident''
from 49 CFR 390.5 as being synonymous with ``crash'':
1. An occurrence involving a CMV operating on a highway in
interstate or intrastate commerce which results in:
(i) A fatality;
(ii) Bodily injury to a person who, as a result of the injury,
receives immediate medical treatment away from the scene of the
accident; or
(iii) One or more motor vehicles incurring disabling damage as a
result of the accident, requiring the motor vehicle(s) to be
transported away from the scene by a tow truck or other motor vehicle.
In addition, during the period the CMV driver's application or
renewal is pending, the driver and the employer would be required to
report immediately to FMCSA any arrests, citations, or convictions for
any disqualifying offense or other moving violation, or if the driver
were involved in a crash. Convictions occurring during the processing
of an exemption application would be considered in the CMV driver's
overall driving record. Since all CMV driver applications and histories
are unique, FMCSA would continue to conduct reviews on an individual
basis.
C. Otherwise Qualified Physical Qualification Determination
FMCSA proposes to change the current signed driver's statement
criterion. The existing application requests the applicant to provide a
signed statement that reads, ``I acknowledge that I must be otherwise
qualified under 49 CFR 391.41(b)(1)-(13) or hold another valid medical
exemption before I can legally operate a commercial motor vehicle in
interstate commerce.'' It does not require a completed Medical
Examination Report or an accompanying completed Medical Examiner's
Certificate.
Rather than rely on a driver's statement, FMCSA proposes that the
driver undergo an examination by a medical examiner and receive a
Medical Examiner's Certificate declaring that the driver is physically
qualified to drive if the medical certificate is accompanied by a
Federal Vision Exemption. This change would be consistent with the
FMCSA Diabetes Exemption Program and the current Medical Examiner's
Certificate. The Medical Examiner's Certificate has a check box for the
Medical Examiner to indicate that the certificate must be accompanied
by an exemption or waiver.
Currently, medical examiners terminate the examination process when
the driver is unable to pass the visual acuity portion of the
examination. This practice leads to additional cost for the driver,
repeated trips to the medical examiner, and uncertainty of the driver's
actual physical qualifications. If, after undergoing the process for
the Vision Exemption, the driver returns to the medical examiner and is
denied a Medical Examiner's Certificate due to a different medical
condition, he or she would have expended unnecessary resources.
Requiring an appropriately completed Medical Examiner's Certificate
would ensure that the driver is otherwise physically qualified to drive
and allow both the driver and the Agency to avoid expending resources
unnecessarily.
Request for Information and Comments
One of the Agency's purposes for publishing this notice is to
acquire feedback to ensure we have all of the information necessary to
make a sound decision when making changes to the Vision Exemption
Program criteria. Therefore, FMCSA invites interested persons to
comment on any and all aspects of these proposed changes by submitting
data, views, arguments, or recommendations concerning any proposed
changes to the Federal Vision Exemption Program application approval
criteria. See the ADDRESSES heading above for information on submitting
comments.
Issued on: December 2, 2013.
Anne S. Ferro,
Administrator.
[FR Doc. 2013-29651 Filed 12-17-13; 8:45 am]
BILLING CODE 4910-EX-P