80_FR_29249 80 FR 29152 - Qualification of Drivers; Exemption Applications; Vision

80 FR 29152 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 97 (May 20, 2015)

Page Range29152-29154
FR Document2015-12198

FMCSA announces its decision to exempt 27 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). They are unable to meet the vision requirement in one eye for various reasons. The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the prescribed vision requirement in one eye. The Agency has concluded that granting these exemptions will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions for these CMV drivers.

Federal Register, Volume 80 Issue 97 (Wednesday, May 20, 2015)
[Federal Register Volume 80, Number 97 (Wednesday, May 20, 2015)]
[Notices]
[Pages 29152-29154]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12198]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0302]


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 27 individuals from the 
vision requirement in the Federal Motor Carrier Safety Regulations 
(FMCSRs). They are unable to meet the vision requirement in one eye for 
various reasons. The exemptions will enable these individuals to 
operate commercial motor vehicles (CMVs) in interstate commerce without 
meeting the prescribed vision requirement in one eye. The Agency has 
concluded that granting these exemptions will provide a level of safety 
that is equivalent to or greater than the level of safety maintained 
without the exemptions for these CMV drivers.

DATES: The exemptions were granted April 7, 2015. The exemptions expire 
on April 7, 2017.

FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director, 
Carrier, Driver and Vehicle Safety Standards, (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., Monday through Friday, except 
Federal holidays. If you have questions on viewing or submitting 
material to the docket, contact Docket Services, telephone (202) 366-
9826.

SUPPLEMENTARY INFORMATION: 

I. Electronic Access

    You may see all the comments online through the Federal Document 
Management System (FDMS) at http://www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov and/or Room W12-140 on the 
ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

II. Background

    On March 6, 2015, FMCSA published a notice of receipt of exemption 
applications from certain individuals, and requested comments from the 
public (80 FR 12248). That notice listed 27 applicants' case histories. 
The 27 individuals applied for exemptions from the vision requirement 
in 49 CFR 391.41(b)(10), for drivers who operate CMVs in interstate 
commerce.
    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
for a 2-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

[[Page 29153]]

allows the Agency to renew exemptions at the end of the 2-year period. 
Accordingly, FMCSA has evaluated the 27 applications on their merits 
and made a determination to grant exemptions to each of them.

III. Vision and Driving Experience of the Applicants

    The vision requirement in the FMCSRs provides:
    A person is physically qualified to drive a commercial motor 
vehicle 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 (49 CFR 391.41(b)(10)).
    FMCSA recognizes that some drivers do not meet the vision 
requirement but have adapted their driving to accommodate their vision 
limitation and demonstrated their ability to drive safely. The 27 
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 macular scar, globe laceration, retinal detachment, 
amblyopia, enucleation, cancerous choroid, Coats' Disease, macular 
degeneration, alternating esotropia, optic nerve atrophy, esotropia, 
degenerated optic nerve, refractive amblyopia, retinal scarring, full-
thickness macular hole, Behcet's panuveities, primary open angle 
glaucoma, keratopathy, keratectomy, optic nerve compression, complete 
loss of vision, and retinal vascular occlusion. In most cases, their 
eye conditions were not recently developed. Fifteen of the applicants 
were either born with their vision impairments or have had them since 
childhood.
    The twelve individuals that sustained their vision conditions as 
adults have had it for a range of five to 19 years.
    Although each applicant has one eye which does not meet the vision 
requirement in 49 CFR 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 valid 
commercial driver's licenses (CDLs) or non-CDLs to operate CMVs. Before 
issuing CDLs, States subject drivers to knowledge and skills tests 
designed to evaluate their qualifications to operate a CMV.
    All of these applicants satisfied the testing requirements for 
their State of residence. By meeting State licensing requirements, the 
applicants demonstrated their ability to operate a CMV, with their 
limited vision, to the satisfaction of the State.
    While possessing a valid CDL or non-CDL, these 27 drivers have been 
authorized to drive a CMV in intrastate commerce, even though their 
vision disqualified them from driving in interstate commerce. They have 
driven CMVs with their limited vision in careers ranging from four to 
50 years. In the past three years, one of drivers was involved in a 
crash and one was convicted of a moving violation in a CMV.
    The qualifications, experience, and medical condition of each 
applicant were stated and discussed in detail in the March 6, 2015 
notice (80 FR 12248).

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the vision requirement in 49 CFR 391.41(b)(10) if the exemption is 
likely to achieve an equivalent or greater level of safety than would 
be achieved without the exemption. Without the exemption, applicants 
will continue to be restricted to intrastate driving. With the 
exemption, applicants can drive in interstate commerce. Thus, our 
analysis focuses on whether an equal or greater level of safety is 
likely to be achieved by permitting each of these drivers to drive in 
interstate commerce as opposed to restricting him or her to driving in 
intrastate commerce.
    To evaluate the effect of these exemptions on safety, FMCSA 
considered the medical reports about the applicants' vision as well as 
their driving records and experience with the vision deficiency.
    To qualify for an exemption from the vision requirement, FMCSA 
requires a person to present verifiable evidence that he/she has driven 
a commercial vehicle safely with the vision deficiency for the past 3 
years. Recent driving performance is especially important in evaluating 
future safety, according to several research studies designed to 
correlate past and future driving performance. Results of these studies 
support the principle that the best predictor of future performance by 
a driver is his/her past record of crashes and traffic violations. 
Copies of the studies may be found at Docket Number FMCSA-1998-3637.
    FMCSA believes it can properly apply the principle to monocular 
drivers, because data from the Federal Highway Administration's (FHWA) 
former waiver study program clearly demonstrate the driving performance 
of experienced monocular drivers in the program is better than that of 
all CMV drivers collectively (See 61 FR 13338, 13345, March 26, 1996). 
The fact that experienced monocular drivers demonstrated safe driving 
records in the waiver program supports a conclusion that other 
monocular drivers, meeting the same qualifying conditions as those 
required by the waiver program, are also likely to have adapted to 
their vision deficiency and will continue to operate safely.
    The first major research correlating past and future performance 
was done in England by Greenwood and Yule in 1920. Subsequent studies, 
building on that model, concluded that crash rates for the same 
individual exposed to certain risks for two different time periods vary 
only slightly (See Bates and Neyman, University of California 
Publications in Statistics, April 1952). Other studies demonstrated 
theories of predicting crash proneness from crash history coupled with 
other factors. These factors--such as age, sex, geographic location, 
mileage driven and conviction history--are used every day by insurance 
companies and motor vehicle bureaus to predict the probability of an 
individual experiencing future crashes (See Weber, Donald C., 
``Accident Rate Potential: An Application of Multiple Regression 
Analysis of a Poisson Process,'' Journal of American Statistical 
Association, June 1971). A 1964 California Driver Record Study prepared 
by the California Department of Motor Vehicles concluded that the best 
overall crash predictor for both concurrent and nonconcurrent events is 
the number of single convictions. This study used 3 consecutive years 
of data, comparing the experiences of drivers in the first 2 years with 
their experiences in the final year.
    Applying principles from these studies to the past 3-year record of 
the 27 applicants, one driver was involved in a crash, and one was 
convicted of a moving violation in a CMV. All the applicants achieved a 
record of safety while driving with their vision impairment, 
demonstrating 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.
    We believe that the applicants' intrastate driving experience and 
history

[[Page 29154]]

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 
veteran drivers in this proceeding have operated CMVs safely under 
those conditions for at least 3 years, most for much longer. Their 
experience and driving records lead us to believe that each applicant 
is capable of operating in interstate commerce as safely as he/she has 
been performing in intrastate commerce. Consequently, FMCSA finds that 
exempting these applicants from the vision requirement in 49 CFR 
391.41(b)(10) is likely to achieve a level of safety equal to that 
existing without the exemption. For this reason, the Agency is granting 
the exemptions for the 2-year period allowed by 49 U.S.C. 31136(e) and 
31315 to the 27 applicants listed in the notice of March 6, 2015 (80 FR 
12248).
    We recognize that the vision of an applicant may change and affect 
his/her ability to operate a CMV as safely as in the past. As a 
condition of the exemption, therefore, FMCSA will impose requirements 
on the 27 individuals consistent with the grandfathering provisions 
applied to drivers who participated in the Agency's vision waiver 
program.
    Those requirements are found at 49 CFR 391.64(b) and include the 
following: (1) That each individual be physically examined every year 
(a) by an ophthalmologist or optometrist who attests that the vision in 
the better eye continues to meet the requirement in 49 CFR 
391.41(b)(10) and (b) by a medical examiner who attests that the 
individual is otherwise physically qualified under 49 CFR 391.41; (2) 
that each individual provide a copy of the ophthalmologist's or 
optometrist's report to the medical examiner at the time of the annual 
medical examination; and (3) that each individual 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 have a 
copy of the certification when driving, for presentation to a duly 
authorized Federal, State, or local enforcement official.

V. Discussion of Comments

    FMCSA received no comments in this proceeding.

IV. Conclusion

    Based upon its evaluation of the 27 exemption applications, FMCSA 
exempts the following drivers from the vision requirement in 49 CFR 
391.41(b)(10), subject to the requirements cited above (49 CFR 
391.64(b)):

Joel C. Bailey (FL)
Mackfie Bradley, Jr. (NC)
Justin C. Bruchman (WI)
Bradley J. Compton (ID)
Anthony C. Curtis (WA)
Douglas S. Dalling (PA)
Lloyd A. Dornbusch (PA)
Randall R. Drake (CA)
Paul E. Emmons (RI)
Thomas P. Fitzsimmons Jr. (NC)
Steve L. Frisby (CA)
Daryl G. Gibson (FL)
Mark J. Goodrich (PA)
Ramon L. Green (LA)
Carl E. Hess (PA)
Mark E. Jeans (OK)
Chad Kauffman (PA)
Scottie W. Lewis (GA)
David S. Mayo (VA)
Ross E. McCleary (NE)
Alex D. McCrady (NH)
Stacy L. Michael (OH)
Charles A. Morgan (NC)
Paul C. Swanson (IL)
Terrance W. Temple (OH)
Rick A. Tucker (MO)
Jason R. White (OH)
    In accordance with 49 U.S.C. 31136(e) and 31315, each exemption 
will be valid for 2 years unless revoked earlier by FMCSA. The 
exemption will be revoked if: (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 before it was granted; 
or (3) continuation of the exemption would not be consistent with the 
goals and objectives of 49 U.S.C. 31136 and 31315.
    If the exemption is still effective at the end of the 2-year 
period, the person may apply to FMCSA for a renewal under procedures in 
effect at that time.

    Issued on: May 11, 2015.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-12198 Filed 5-19-15; 8:45 am]
BILLING CODE 4910-EX-P



                                                  29152                        Federal Register / Vol. 80, No. 97 / Wednesday, May 20, 2015 / Notices

                                                  Comments                                                  These motor carriers must ensure that               the prescribed vision requirement in
                                                    FMCSA published a notice of the                       the DASs are mounted within and/or                    one eye. The Agency has concluded that
                                                  exemption application in the Federal                    below 3 inches of the bottom of the                   granting these exemptions will provide
                                                  Register on February 18, 2015, and                      driver side windshield wiper sweep,                   a level of safety that is equivalent to or
                                                  asked for public comment (80 FR 8750).                  and out of the driver’s sightlines to the             greater than the level of safety
                                                  No comments were received.                              road and highway signs and signals as                 maintained without the exemptions for
                                                                                                          much as practicable.                                  these CMV drivers.
                                                  FMCSA Decision                                            The exemption is valid for two years                DATES: The exemptions were granted
                                                     The FMCSA has evaluated the VTTI                     unless rescinded earlier by FMCSA. The                April 7, 2015. The exemptions expire on
                                                  exemption application. The Agency                       exemption will be rescinded if (1) motor              April 7, 2017.
                                                  believes that granting the temporary                    carriers and/or commercial motor
                                                                                                                                                                FOR FURTHER INFORMATION CONTACT:
                                                  exemption to allow the placement of the                 vehicles fail to comply with the terms
                                                                                                                                                                Charles A. Horan, III, Director, Carrier,
                                                  DASs and necessary mounting brackets                    and conditions of the exemption; (2) the
                                                                                                                                                                Driver and Vehicle Safety Standards,
                                                  at the bottom of the windshield, within                 exemption has resulted in a lower level
                                                                                                          of safety than was maintained before it               (202) 366–4001, fmcsamedical@dot.gov,
                                                  and/or below 3 inches of the bottom of                                                                        FMCSA, Department of Transportation,
                                                  the windshield wiper sweep, will                        was granted; or (3) continuation of the
                                                                                                          exemption would not be consistent with                1200 New Jersey Avenue SE., Room
                                                  provide a level of safety that is                                                                             W64–224, Washington, DC 20590–0001.
                                                  equivalent to, or greater than the level                the goals and objectives of 49 U.S.C.
                                                                                                          31136(e) and 31315(b).                                Office hours are from 8:30 a.m. to 5
                                                  of safety achieved without the                                                                                p.m., Monday through Friday, except
                                                  exemption. FMCSA does not believe                         Interested parties possessing
                                                                                                          information that would demonstrate                    Federal holidays. If you have questions
                                                  there will be any degradation in the                                                                          on viewing or submitting material to the
                                                  safety performance of motor carriers                    that motor carriers using the DASs are
                                                                                                          not achieving the requisite statutory                 docket, contact Docket Services,
                                                  utilizing the exemption during the 2-                                                                         telephone (202) 366–9826.
                                                  year exemption period because (1) there                 level of safety should immediately
                                                                                                          notify FMCSA. The Agency will                         SUPPLEMENTARY INFORMATION:
                                                  is nothing in available technical
                                                  information to indicate that the DASs                   evaluate any such information and, if                 I. Electronic Access
                                                  would obstruct drivers’ views of the                    safety is being compromised or if the
                                                                                                          continuation of the exemption is not                     You may see all the comments online
                                                  roadway, highway signs and                                                                                    through the Federal Document
                                                  surrounding traffic; (2) generally, trucks              consistent with 49 U.S.C. 31136(e) and
                                                                                                          31315(b), will take immediate steps to                Management System (FDMS) at http://
                                                  and buses have an elevated seating                                                                            www.regulations.gov.
                                                  position which greatly improves the                     revoke the exemption.
                                                                                                                                                                   Docket: For access to the docket to
                                                  forward visual field of the driver,                     Preemption                                            read background documents or
                                                  making any impairment of available                                                                            comments, go to http://
                                                                                                             During the period the exemption is in
                                                  sight lines minimal; and (3) the location                                                                     www.regulations.gov and/or Room
                                                                                                          effect, no State shall enforce any law or
                                                  three inches or less above the bottom of                                                                      W12–140 on the ground level of the
                                                                                                          regulation that conflicts with or is
                                                  the driver’s-side windshield wiper                                                                            West Building, 1200 New Jersey Avenue
                                                                                                          inconsistent with this exemption with
                                                  sweep, and out of the driver’s sightline,                                                                     SE., Washington, DC, between 9 a.m.
                                                                                                          respect to a person operating under the
                                                  is reasonable and enforceable at                                                                              and 5 p.m., Monday through Friday,
                                                                                                          exemption.
                                                  roadside. Without the exemption,                                                                              except Federal holidays.
                                                  NHTSA would be unable to test this                        Issued on: May 5, 2015.
                                                                                                                                                                   Privacy Act: In accordance with 5
                                                  innovative onboard safety monitoring                    T.F. Scott Darling, III,
                                                                                                                                                                U.S.C. 553(c), DOT solicits comments
                                                  system.                                                 Chief Counsel.                                        from the public to better inform its
                                                                                                          [FR Doc. 2015–12199 Filed 5–19–15; 8:45 am]           rulemaking process. DOT posts these
                                                  Terms and Conditions for the
                                                  Exemption                                               BILLING CODE 4910–EX–P                                comments, without edit, including any
                                                    The Agency hereby grants the                                                                                personal information the commenter
                                                  exemption for a two-year period,                                                                              provides, to www.regulations.gov, as
                                                                                                          DEPARTMENT OF TRANSPORTATION                          described in the system of records
                                                  beginning May 20, 2015 and ending May
                                                  20, 2017. During the temporary                          Federal Motor Carrier Safety                          notice (DOT/ALL–14 FDMS), which can
                                                  exemption period, up to 150 DASs may                    Administration                                        be reviewed at www.dot.gov/privacy.
                                                  be installed in CMVs operated by the                    [Docket No. FMCSA–2014–0302]                          II. Background
                                                  motor carriers listed below. These are
                                                                                                                                                                  On March 6, 2015, FMCSA published
                                                  the same carriers that have operated                    Qualification of Drivers; Exemption                   a notice of receipt of exemption
                                                  under the waiver:                                       Applications; Vision                                  applications from certain individuals,
                                                    1. USDOT #32052 Crosby Trucking
                                                                                                          AGENCY: Federal Motor Carrier Safety                  and requested comments from the
                                                  Service Inc. in Mount Sydney. VA.
                                                    2. USDOT #369138 Rush Trucking                        Administration (FMCSA), DOT.                          public (80 FR 12248). That notice listed
                                                  Corporation in Wayne, MI.                               ACTION: Notice of final disposition.                  27 applicants’ case histories. The 27
                                                    3. USDOT #1977980 Kuperus                                                                                   individuals applied for exemptions from
                                                  Trucking Inc. in Jenison, MI.                           SUMMARY:   FMCSA announces its                        the vision requirement in 49 CFR
                                                    4. USDOT #282628 Stagecoach                           decision to exempt 27 individuals from                391.41(b)(10), for drivers who operate
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                                                  Cartage and Distribution, LP in El Paso,                the vision requirement in the Federal                 CMVs in interstate commerce.
                                                  TX.                                                     Motor Carrier Safety Regulations                        Under 49 U.S.C. 31136(e) and 31315,
                                                    5. USDOT #184405 J & M Tank                           (FMCSRs). They are unable to meet the                 FMCSA may grant an exemption for a 2-
                                                  Lines Inc. in Birmingham, AL.                           vision requirement in one eye for                     year period if it finds ‘‘such exemption
                                                    6. USDOT #1243338 P&S                                 various reasons. The exemptions will                  would likely achieve a level of safety
                                                  Transportation LLC in Ensley, AL.                       enable these individuals to operate                   that is equivalent to or greater than the
                                                    7. USDOT #75827 Modular                               commercial motor vehicles (CMVs) in                   level that would be achieved absent
                                                  Transport Company in Wyoming, MI.                       interstate commerce without meeting                   such exemption.’’ The statute also


                                             VerDate Sep<11>2014   23:50 May 19, 2015   Jkt 235001   PO 00000   Frm 00224   Fmt 4703   Sfmt 4703   E:\FR\FM\20MYN1.SGM   20MYN1


                                                                               Federal Register / Vol. 80, No. 97 / Wednesday, May 20, 2015 / Notices                                              29153

                                                  allows the Agency to renew exemptions                   evaluate their qualifications to operate a            because data from the Federal Highway
                                                  at the end of the 2-year period.                        CMV.                                                  Administration’s (FHWA) former waiver
                                                  Accordingly, FMCSA has evaluated the                      All of these applicants satisfied the               study program clearly demonstrate the
                                                  27 applications on their merits and                     testing requirements for their State of               driving performance of experienced
                                                  made a determination to grant                           residence. By meeting State licensing                 monocular drivers in the program is
                                                  exemptions to each of them.                             requirements, the applicants                          better than that of all CMV drivers
                                                                                                          demonstrated their ability to operate a               collectively (See 61 FR 13338, 13345,
                                                  III. Vision and Driving Experience of                   CMV, with their limited vision, to the                March 26, 1996). The fact that
                                                  the Applicants                                          satisfaction of the State.                            experienced monocular drivers
                                                     The vision requirement in the                          While possessing a valid CDL or non-                demonstrated safe driving records in the
                                                  FMCSRs provides:                                        CDL, these 27 drivers have been                       waiver program supports a conclusion
                                                     A person is physically qualified to                  authorized to drive a CMV in intrastate               that other monocular drivers, meeting
                                                  drive a commercial motor vehicle if that                commerce, even though their vision                    the same qualifying conditions as those
                                                  person has distant visual acuity of at                  disqualified them from driving in                     required by the waiver program, are also
                                                  least 20/40 (Snellen) in each eye                       interstate commerce. They have driven                 likely to have adapted to their vision
                                                  without corrective lenses or visual                     CMVs with their limited vision in                     deficiency and will continue to operate
                                                  acuity separately corrected to 20/40                    careers ranging from four to 50 years. In             safely.
                                                  (Snellen) or better with corrective                     the past three years, one of drivers was                 The first major research correlating
                                                  lenses, distant binocular acuity of a least             involved in a crash and one was                       past and future performance was done
                                                  20/40 (Snellen) in both eyes with or                    convicted of a moving violation in a                  in England by Greenwood and Yule in
                                                  without corrective lenses, field of vision              CMV.                                                  1920. Subsequent studies, building on
                                                  of at least 70° in the horizontal meridian                The qualifications, experience, and                 that model, concluded that crash rates
                                                  in each eye, and the ability to recognize               medical condition of each applicant                   for the same individual exposed to
                                                  the colors of traffic signals and devices               were stated and discussed in detail in                certain risks for two different time
                                                  showing red, green, and amber (49 CFR                   the March 6, 2015 notice (80 FR 12248).               periods vary only slightly (See Bates
                                                  391.41(b)(10)).                                                                                               and Neyman, University of California
                                                     FMCSA recognizes that some drivers                   IV. Basis for Exemption Determination
                                                                                                                                                                Publications in Statistics, April 1952).
                                                  do not meet the vision requirement but                    Under 49 U.S.C. 31136(e) and 31315,                 Other studies demonstrated theories of
                                                  have adapted their driving to                           FMCSA may grant an exemption from                     predicting crash proneness from crash
                                                  accommodate their vision limitation                     the vision requirement in 49 CFR                      history coupled with other factors.
                                                  and demonstrated their ability to drive                 391.41(b)(10) if the exemption is likely              These factors—such as age, sex,
                                                  safely. The 27 exemption applicants                     to achieve an equivalent or greater level             geographic location, mileage driven and
                                                  listed in this notice are in this category.             of safety than would be achieved                      conviction history—are used every day
                                                  They are unable to meet the vision                      without the exemption. Without the                    by insurance companies and motor
                                                  requirement in one eye for various                      exemption, applicants will continue to                vehicle bureaus to predict the
                                                  reasons, including macular scar, globe                  be restricted to intrastate driving. With             probability of an individual
                                                  laceration, retinal detachment,                         the exemption, applicants can drive in                experiencing future crashes (See Weber,
                                                  amblyopia, enucleation, cancerous                       interstate commerce. Thus, our analysis               Donald C., ‘‘Accident Rate Potential: An
                                                  choroid, Coats’ Disease, macular                        focuses on whether an equal or greater                Application of Multiple Regression
                                                  degeneration, alternating esotropia,                    level of safety is likely to be achieved by           Analysis of a Poisson Process,’’ Journal
                                                  optic nerve atrophy, esotropia,                         permitting each of these drivers to drive             of American Statistical Association,
                                                  degenerated optic nerve, refractive                     in interstate commerce as opposed to                  June 1971). A 1964 California Driver
                                                  amblyopia, retinal scarring, full-                      restricting him or her to driving in                  Record Study prepared by the California
                                                  thickness macular hole, Behcet’s                        intrastate commerce.                                  Department of Motor Vehicles
                                                  panuveities, primary open angle                           To evaluate the effect of these                     concluded that the best overall crash
                                                  glaucoma, keratopathy, keratectomy,                     exemptions on safety, FMCSA                           predictor for both concurrent and
                                                  optic nerve compression, complete loss                  considered the medical reports about                  nonconcurrent events is the number of
                                                  of vision, and retinal vascular occlusion.              the applicants’ vision as well as their               single convictions. This study used 3
                                                  In most cases, their eye conditions were                driving records and experience with the               consecutive years of data, comparing the
                                                  not recently developed. Fifteen of the                  vision deficiency.                                    experiences of drivers in the first 2 years
                                                  applicants were either born with their                    To qualify for an exemption from the                with their experiences in the final year.
                                                  vision impairments or have had them                     vision requirement, FMCSA requires a                     Applying principles from these
                                                  since childhood.                                        person to present verifiable evidence                 studies to the past 3-year record of the
                                                     The twelve individuals that sustained                that he/she has driven a commercial                   27 applicants, one driver was involved
                                                  their vision conditions as adults have                  vehicle safely with the vision deficiency             in a crash, and one was convicted of a
                                                  had it for a range of five to 19 years.                 for the past 3 years. Recent driving                  moving violation in a CMV. All the
                                                     Although each applicant has one eye                  performance is especially important in                applicants achieved a record of safety
                                                  which does not meet the vision                          evaluating future safety, according to                while driving with their vision
                                                  requirement in 49 CFR 391.41(b)(10),                    several research studies designed to                  impairment, demonstrating the
                                                  each has at least 20/40 corrected vision                correlate past and future driving                     likelihood that they have adapted their
                                                  in the other eye, and in a doctor’s                     performance. Results of these studies                 driving skills to accommodate their
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                                                  opinion, has sufficient vision to perform               support the principle that the best                   condition. As the applicants’ ample
                                                  all the tasks necessary to operate a CMV.               predictor of future performance by a                  driving histories with their vision
                                                  Doctors’ opinions are supported by the                  driver is his/her past record of crashes              deficiencies are good predictors of
                                                  applicants’ possession of valid                         and traffic violations. Copies of the                 future performance, FMCSA concludes
                                                  commercial driver’s licenses (CDLs) or                  studies may be found at Docket Number                 their ability to drive safely can be
                                                  non-CDLs to operate CMVs. Before                        FMCSA–1998–3637.                                      projected into the future.
                                                  issuing CDLs, States subject drivers to                   FMCSA believes it can properly apply                   We believe that the applicants’
                                                  knowledge and skills tests designed to                  the principle to monocular drivers,                   intrastate driving experience and history


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                                                  29154                        Federal Register / Vol. 80, No. 97 / Wednesday, May 20, 2015 / Notices

                                                  provide an adequate basis for predicting                Federal, State, or local enforcement                  DEPARTMENT OF TRANSPORTATION
                                                  their ability to drive safely in interstate             official.
                                                  commerce. Intrastate driving, like                                                                            Federal Motor Carrier Safety
                                                                                                          V. Discussion of Comments                             Administration
                                                  interstate operations, involves
                                                  substantial driving on highways on the                    FMCSA received no comments in this                  [Docket No. FMCSA–2003–14504; FMCSA–
                                                  interstate system and on other roads                    proceeding.                                           2005–20560; FMCSA–2007–27515]
                                                  built to interstate standards. Moreover,
                                                  driving in congested urban areas                        IV. Conclusion
                                                                                                                                                                Qualification of Drivers; Exemption
                                                  exposes the driver to more pedestrian                      Based upon its evaluation of the 27                Applications; Vision
                                                  and vehicular traffic than exists on                    exemption applications, FMCSA
                                                  interstate highways. Faster reaction to                 exempts the following drivers from the                AGENCY: Federal Motor Carrier Safety
                                                  traffic and traffic signals is generally                vision requirement in 49 CFR                          Administration (FMCSA), DOT.
                                                  required because distances between                      391.41(b)(10), subject to the                         ACTION: Notice of renewal of
                                                  them are more compact. These                            requirements cited above (49 CFR                      exemptions; request for comments.
                                                  conditions tax visual capacity and                      391.64(b)):
                                                  driver response just as intensely as                                                                          SUMMARY:   FMCSA announces its
                                                  interstate driving conditions. The                      Joel C. Bailey (FL)                                   decision to renew the exemptions from
                                                  veteran drivers in this proceeding have                 Mackfie Bradley, Jr. (NC)                             the vision requirement in the Federal
                                                  operated CMVs safely under those                        Justin C. Bruchman (WI)                               Motor Carrier Safety Regulations for 15
                                                  conditions for at least 3 years, most for               Bradley J. Compton (ID)                               individuals. FMCSA has statutory
                                                  much longer. Their experience and                       Anthony C. Curtis (WA)                                authority to exempt individuals from
                                                  driving records lead us to believe that                                                                       the vision requirement if the
                                                                                                          Douglas S. Dalling (PA)                               exemptions granted will not
                                                  each applicant is capable of operating in
                                                  interstate commerce as safely as he/she                 Lloyd A. Dornbusch (PA)                               compromise safety. The Agency has
                                                  has been performing in intrastate                       Randall R. Drake (CA)                                 concluded that granting these
                                                  commerce. Consequently, FMCSA finds                     Paul E. Emmons (RI)                                   exemption renewals will provide a level
                                                  that exempting these applicants from                    Thomas P. Fitzsimmons Jr. (NC)                        of safety that is equivalent to or greater
                                                  the vision requirement in 49 CFR                        Steve L. Frisby (CA)                                  than the level of safety maintained
                                                  391.41(b)(10) is likely to achieve a level                                                                    without the exemptions for these
                                                                                                          Daryl G. Gibson (FL)
                                                  of safety equal to that existing without                                                                      commercial motor vehicle (CMV)
                                                  the exemption. For this reason, the                     Mark J. Goodrich (PA)                                 drivers.
                                                  Agency is granting the exemptions for                   Ramon L. Green (LA)
                                                                                                                                                                DATES: This decision is effective June
                                                  the 2-year period allowed by 49 U.S.C.                  Carl E. Hess (PA)
                                                                                                                                                                13, 2015. Comments must be received
                                                  31136(e) and 31315 to the 27 applicants                 Mark E. Jeans (OK)                                    on or before June 19, 2015.
                                                  listed in the notice of March 6, 2015 (80               Chad Kauffman (PA)                                    ADDRESSES: You may submit comments
                                                  FR 12248).                                              Scottie W. Lewis (GA)
                                                     We recognize that the vision of an                                                                         bearing the Federal Docket Management
                                                                                                          David S. Mayo (VA)                                    System (FDMS) numbers: Docket No.
                                                  applicant may change and affect his/her
                                                  ability to operate a CMV as safely as in                Ross E. McCleary (NE)                                 [Docket No. FMCSA–2003–14504;
                                                  the past. As a condition of the                         Alex D. McCrady (NH)                                  FMCSA–2005–20560; FMCSA–2007–
                                                  exemption, therefore, FMCSA will                        Stacy L. Michael (OH)                                 27515], using any of the following
                                                  impose requirements on the 27                                                                                 methods:
                                                                                                          Charles A. Morgan (NC)
                                                  individuals consistent with the                                                                                 • Federal eRulemaking Portal: Go to
                                                                                                          Paul C. Swanson (IL)                                  http://www.regulations.gov. Follow the
                                                  grandfathering provisions applied to                    Terrance W. Temple (OH)
                                                  drivers who participated in the                                                                               on-line instructions for submitting
                                                  Agency’s vision waiver program.                         Rick A. Tucker (MO)                                   comments.
                                                     Those requirements are found at 49                   Jason R. White (OH)                                     • Mail: Docket Management Facility;
                                                  CFR 391.64(b) and include the                              In accordance with 49 U.S.C. 31136(e)              U.S. Department of Transportation, 1200
                                                  following: (1) That each individual be                  and 31315, each exemption will be valid               New Jersey Avenue SE., West Building
                                                  physically examined every year (a) by                   for 2 years unless revoked earlier by                 Ground Floor, Room W12–140,
                                                  an ophthalmologist or optometrist who                   FMCSA. The exemption will be revoked                  Washington, DC 20590–0001.
                                                  attests that the vision in the better eye               if: (1) The person fails to comply with                 • Hand Delivery or Courier: West
                                                  continues to meet the requirement in 49                 the terms and conditions of the                       Building Ground Floor, Room W12–140,
                                                  CFR 391.41(b)(10) and (b) by a medical                  exemption; (2) the exemption has                      1200 New Jersey Avenue SE.,
                                                  examiner who attests that the individual                resulted in a lower level of safety than              Washington, DC, between 9 a.m. and 5
                                                  is otherwise physically qualified under                 was maintained before it was granted; or              p.m., Monday through Friday, except
                                                  49 CFR 391.41; (2) that each individual                 (3) continuation of the exemption would               Federal Holidays.
                                                  provide a copy of the ophthalmologist’s                 not be consistent with the goals and                    • Fax: 1–202–493–2251.
                                                  or optometrist’s report to the medical                  objectives of 49 U.S.C. 31136 and 31315.                Instructions: Each submission must
                                                  examiner at the time of the annual                         If the exemption is still effective at the         include the Agency name and the
                                                  medical examination; and (3) that each                  end of the 2-year period, the person may              docket number for this notice. Note that
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                                                  individual provide a copy of the annual                 apply to FMCSA for a renewal under                    DOT posts all comments received
                                                  medical certification to the employer for               procedures in effect at that time.                    without change to http://
                                                  retention in the driver’s qualification                                                                       www.regulations.gov, including any
                                                                                                            Issued on: May 11, 2015.                            personal information included in a
                                                  file, or keep a copy in his/her driver’s
                                                  qualification file if he/she is self-                   Larry W. Minor,                                       comment. Please see the Privacy Act
                                                  employed. The driver must have a copy                   Associate Administrator for Policy.                   heading below.
                                                  of the certification when driving, for                  [FR Doc. 2015–12198 Filed 5–19–15; 8:45 am]             Docket: For access to the docket to
                                                  presentation to a duly authorized                       BILLING CODE 4910–EX–P                                read background documents or


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Document Created: 2018-02-21 10:29:34
Document Modified: 2018-02-21 10:29:34
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of final disposition.
DatesThe exemptions were granted April 7, 2015. The exemptions expire on April 7, 2017.
ContactCharles A. Horan, III, Director, Carrier, Driver and Vehicle Safety Standards, (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., Monday through Friday, except Federal holidays. If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366- 9826.
FR Citation80 FR 29152 

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