80_FR_33122 80 FR 33011 - Qualification of Drivers; Exemption Applications; Vision

80 FR 33011 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 111 (June 10, 2015)

Page Range33011-33013
FR Document2015-14168

FMCSA announces its decision to exempt 28 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 111 (Wednesday, June 10, 2015)
[Federal Register Volume 80, Number 111 (Wednesday, June 10, 2015)]
[Notices]
[Pages 33011-33013]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14168]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0304]


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 28 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 18, 2015. The exemptions 
expire on April 18, 2017.

FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director, 
Carrier, Driver and Vehicle Safety Standards, (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., 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 18, 2015, FMCSA published a notice of receipt of exemption 
applications from certain individuals, and requested comments from the 
public (80 FR 14223). That notice listed 28 applicants' case histories. 
The 28 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 allows the 
Agency to renew exemptions at the end of the 2-year period. 
Accordingly, FMCSA has evaluated the 28 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 28 
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 retinal scar, complete loss of vision, branch 
retinal vein occlusion, amblyopia, corneal scar, refractive amblyopia, 
prosthetic eye, branch vein occlusion, exotropia, glaucoma, 
histoplasmosis, retinal detachment, anisometropia, and damaged cornea 
and retina. 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 thirteen individuals that sustained their vision conditions as 
adults have had it for a range of three to 43 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

[[Page 33012]]

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 28 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 three to 
34 years. In the past three years, two drivers were involved in 
crashes, and three were convicted of moving violations in a CMV.
    The qualifications, experience, and medical condition of each 
applicant were stated and discussed in detail in the March 18, 2015 
notice (80 FR 14223).

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 28 applicants, two drivers were involved in crashes, and three were 
convicted of moving violations 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 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 28 applicants listed in the notice of March 
18, 2015 (80 FR 14223).
    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 28 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

[[Page 33013]]

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 28 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)):

Dakota A. Albrecht (MN)
Joseph L. Beverly (FL)
Jaroslav Cigler (IN)
David E. Crane (OH)
Alan J. Daisey (DE)
Terry L. Daneau (NH)
Ronald A. Doyle (NY)
Darin T. Eubank (VA)
Dan J. Feik (IL)
Phillip E. Fitzpatrick (NM)
William H. Fleming (OR)
Lucien W. Foote III (NH)
Jimmy F. Garrett (AR)
Odus P. Gautney III (TX)
Dale R. Goodell (SD)
Elmer Y. Mendoza (VA)
Andrew M. Miller (IA)
Richard N. Moyer, Jr. (PA)
Heath A. Pillig (WA)
Alonzo K. Rawls (NJ)
John R. Ropp (IL)
Timothy J. Slone (KY)
David L. Sorensen (NE)
Nelson J. Stokke (CA)
Darwin L. Stuart (IL)
Ivan Tlumach (PA)
Clarence K. Watkins (TN)
Kevin D. Zaloudek (VT)

    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 29, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-14168 Filed 6-9-15; 8:45 am]
BILLING CODE 4910-EX-P



                                                                                 Federal Register / Vol. 80, No. 111 / Wednesday, June 10, 2015 / Notices                                             33011

                                                    screen appears, click on ‘‘Comment                      various reasons. The exemptions will                   would likely achieve a level of safety
                                                    Now!’’ button and type your comment                     enable these individuals to operate                    that is equivalent to or greater than the
                                                    into the text box in the following screen.              commercial motor vehicles (CMVs) in                    level that would be achieved absent
                                                    Choose whether you are submitting your                  interstate commerce without meeting                    such exemption.’’ The statute also
                                                    comment as an individual or on behalf                   the prescribed vision requirement in                   allows the Agency to renew exemptions
                                                    of a third party and then submit. If you                one eye. The Agency has concluded that                 at the end of the 2-year period.
                                                    submit your comments by mail or hand                    granting these exemptions will provide                 Accordingly, FMCSA has evaluated the
                                                    delivery, submit them in an unbound                     a level of safety that is equivalent to or             28 applications on their merits and
                                                    format, no larger than 81⁄2 by 11 inches,               greater than the level of safety                       made a determination to grant
                                                    suitable for copying and electronic                     maintained without the exemptions for                  exemptions to each of them.
                                                    filing. If you submit comments by mail                  these CMV drivers.                                     III. Vision and Driving Experience of
                                                    and would like to know that they                        DATES: The exemptions were granted                     the Applicants
                                                    reached the facility, please enclose a                  April 18, 2015. The exemptions expire
                                                    stamped, self-addressed postcard or                                                                               The vision requirement in the
                                                                                                            on April 18, 2017.
                                                    envelope. FMCSA will consider all                                                                              FMCSRs provides:
                                                                                                            FOR FURTHER INFORMATION CONTACT:                          A person is physically qualified to
                                                    comments and material received during
                                                                                                            Charles A. Horan, III, Director, Carrier,              drive a commercial motor vehicle if that
                                                    the comment period and may change
                                                                                                            Driver and Vehicle Safety Standards,                   person has distant visual acuity of at
                                                    this notice based on your comments.
                                                                                                            (202) 366–4001, fmcsamedical@dot.gov,                  least 20/40 (Snellen) in each eye
                                                    Viewing Comments and Documents                          FMCSA, Department of Transportation,                   without corrective lenses or visual
                                                       To view comments, as well as any                     1200 New Jersey Avenue SE., Room                       acuity separately corrected to 20/40
                                                    documents mentioned in this preamble                    W64–224, Washington, DC 20590–0001.                    (Snellen) or better with corrective
                                                    as being available in the docket, go to                 Office hours are from 8:30 a.m. to 5                   lenses, distant binocular acuity of a least
                                                    http://www.regulations.gov and in the                   p.m., Monday through Friday, except                    20/40 (Snellen) in both eyes with or
                                                    search box insert the docket number,                    Federal holidays. If you have questions                without corrective lenses, field of vision
                                                    ‘‘FMCSA–1998–4334; FMCSA–2000–                          on viewing or submitting material to the               of at least 70° in the horizontal meridian
                                                    7006; FMCSA–2000–7363; FMCSA–                           docket, contact Docket Services,                       in each eye, and the ability to recognize
                                                    2000–8398; FMCSA–2001–9258;                             telephone (202) 366–9826.                              the colors of traffic signals and devices
                                                    FMCSA–2003–14504; FMCSA–2005–                           SUPPLEMENTARY INFORMATION:                             showing red, green, and amber (49 CFR
                                                    20027; FMCSA–2005–20560; FMCSA–                                                                                391.41(b)(10)).
                                                                                                            I. Electronic Access                                      FMCSA recognizes that some drivers
                                                    25246; FMCSA–2007–27333’’ in the
                                                    ‘‘Keyword’’ box and click ‘‘Search.’’                      You may see all the comments online                 do not meet the vision requirement but
                                                    Next, click ‘‘Open Docket Folder’’                      through the Federal Document                           have adapted their driving to
                                                    button choose the document listed to                    Management System (FDMS) at http://                    accommodate their vision limitation
                                                    review. If you do not have access to the                www.regulations.gov.                                   and demonstrated their ability to drive
                                                    Internet, you may view the docket                          Docket: For access to the docket to                 safely. The 28 exemption applicants
                                                    online by visiting the Docket                           read background documents or                           listed in this notice are in this category.
                                                    Management Facility in Room W12–140                     comments, go to http://                                They are unable to meet the vision
                                                    on the ground floor of the DOT West                     www.regulations.gov and/or Room                        requirement in one eye for various
                                                    Building, 1200 New Jersey Avenue SE.,                   W12–140 on the ground level of the                     reasons, including retinal scar, complete
                                                    Washington, DC 20590, between 9 a.m.                    West Building, 1200 New Jersey Avenue                  loss of vision, branch retinal vein
                                                    and 5 p.m., e.t., Monday through Friday,                SE., Washington, DC, between 9 a.m.                    occlusion, amblyopia, corneal scar,
                                                    except Federal holidays.                                and 5 p.m., Monday through Friday,                     refractive amblyopia, prosthetic eye,
                                                      Issued on: May 21, 2015.
                                                                                                            except Federal holidays.                               branch vein occlusion, exotropia,
                                                                                                               Privacy Act: In accordance with 5                   glaucoma, histoplasmosis, retinal
                                                    Larry W. Minor,
                                                                                                            U.S.C. 553(c), DOT solicits comments                   detachment, anisometropia, and
                                                    Associate Administrator for Policy.                     from the public to better inform its                   damaged cornea and retina. In most
                                                    [FR Doc. 2015–14179 Filed 6–9–15; 8:45 am]              rulemaking process. DOT posts these                    cases, their eye conditions were not
                                                    BILLING CODE 4910–EX–P                                  comments, without edit, including any                  recently developed. Fifteen of the
                                                                                                            personal information the commenter                     applicants were either born with their
                                                                                                            provides, to www.regulations.gov, as                   vision impairments or have had them
                                                    DEPARTMENT OF TRANSPORTATION                            described in the system of records                     since childhood.
                                                    Federal Motor Carrier Safety                            notice (DOT/ALL–14 FDMS), which can                       The thirteen individuals that
                                                    Administration                                          be reviewed at www.dot.gov/privacy.                    sustained their vision conditions as
                                                                                                                                                                   adults have had it for a range of three
                                                    [Docket No. FMCSA–2014–0304]                            II. Background                                         to 43 years.
                                                                                                               On March 18, 2015, FMCSA                               Although each applicant has one eye
                                                    Qualification of Drivers; Exemption                     published a notice of receipt of                       which does not meet the vision
                                                    Applications; Vision                                    exemption applications from certain                    requirement in 49 CFR 391.41(b)(10),
                                                    AGENCY: Federal Motor Carrier Safety                    individuals, and requested comments                    each has at least 20/40 corrected vision
                                                                                                            from the public (80 FR 14223). That                    in the other eye, and in a doctor’s
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    Administration (FMCSA), DOT.
                                                    ACTION: Notice of final disposition.                    notice listed 28 applicants’ case                      opinion, has sufficient vision to perform
                                                                                                            histories. The 28 individuals applied for              all the tasks necessary to operate a CMV.
                                                    SUMMARY:   FMCSA announces its                          exemptions from the vision requirement                 Doctors’ opinions are supported by the
                                                    decision to exempt 28 individuals from                  in 49 CFR 391.41(b)(10), for drivers who               applicants’ possession of valid
                                                    the vision requirement in the Federal                   operate CMVs in interstate commerce.                   commercial driver’s licenses (CDLs) or
                                                    Motor Carrier Safety Regulations                           Under 49 U.S.C. 31136(e) and 31315,                 non-CDLs to operate CMVs. Before
                                                    (FMCSRs). They are unable to meet the                   FMCSA may grant an exemption for a 2-                  issuing CDLs, States subject drivers to
                                                    vision requirement in one eye for                       year period if it finds ‘‘such exemption               knowledge and skills tests designed to


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                                                    33012                        Federal Register / Vol. 80, No. 111 / Wednesday, June 10, 2015 / Notices

                                                    evaluate their qualifications to operate a                 FMCSA believes it can properly apply                   We believe that the applicants’
                                                    CMV.                                                    the principle to monocular drivers,                    intrastate driving experience and history
                                                      All of these applicants satisfied the                 because data from the Federal Highway                  provide an adequate basis for predicting
                                                    testing requirements for their State of                 Administration’s (FHWA) former waiver                  their ability to drive safely in interstate
                                                    residence. By meeting State licensing                   study program clearly demonstrate the                  commerce. Intrastate driving, like
                                                    requirements, the applicants                            driving performance of experienced                     interstate operations, involves
                                                    demonstrated their ability to operate a                 monocular drivers in the program is                    substantial driving on highways on the
                                                    CMV, with their limited vision, to the                  better than that of all CMV drivers                    interstate system and on other roads
                                                    satisfaction of the State.                              collectively (See 61 FR 13338, 13345,                  built to interstate standards. Moreover,
                                                      While possessing a valid CDL or non-                  March 26, 1996). The fact that                         driving in congested urban areas
                                                    CDL, these 28 drivers have been                         experienced monocular drivers                          exposes the driver to more pedestrian
                                                    authorized to drive a CMV in intrastate                 demonstrated safe driving records in the               and vehicular traffic than exists on
                                                    commerce, even though their vision                      waiver program supports a conclusion                   interstate highways. Faster reaction to
                                                    disqualified them from driving in                       that other monocular drivers, meeting                  traffic and traffic signals is generally
                                                    interstate commerce. They have driven                   the same qualifying conditions as those                required because distances between
                                                    CMVs with their limited vision in                       required by the waiver program, are also               them are more compact. These
                                                    careers ranging from three to 34 years.                 likely to have adapted to their vision                 conditions tax visual capacity and
                                                    In the past three years, two drivers were               deficiency and will continue to operate                driver response just as intensely as
                                                    involved in crashes, and three were                     safely.                                                interstate driving conditions. The
                                                    convicted of moving violations in a                        The first major research correlating                veteran drivers in this proceeding have
                                                    CMV.                                                    past and future performance was done                   operated CMVs safely under those
                                                      The qualifications, experience, and                   in England by Greenwood and Yule in                    conditions for at least 3 years, most for
                                                    medical condition of each applicant                     1920. Subsequent studies, building on                  much longer. Their experience and
                                                                                                            that model, concluded that crash rates                 driving records lead us to believe that
                                                    were stated and discussed in detail in
                                                                                                            for the same individual exposed to                     each applicant is capable of operating in
                                                    the March 18, 2015 notice (80 FR
                                                                                                            certain risks for two different time                   interstate commerce as safely as he/she
                                                    14223).
                                                                                                            periods vary only slightly (See Bates                  has been performing in intrastate
                                                    IV. Basis for Exemption Determination                   and Neyman, University of California                   commerce. Consequently, FMCSA finds
                                                                                                            Publications in Statistics, April 1952).               that exempting these applicants from
                                                      Under 49 U.S.C. 31136(e) and 31315,
                                                                                                            Other studies demonstrated theories of                 the vision requirement in 49 CFR
                                                    FMCSA may grant an exemption from
                                                                                                            predicting crash proneness from crash                  391.41(b)(10) is likely to achieve a level
                                                    the vision requirement in 49 CFR
                                                                                                            history coupled with other factors.                    of safety equal to that existing without
                                                    391.41(b)(10) if the exemption is likely
                                                                                                            These factors—such as age, sex,                        the exemption. For this reason, the
                                                    to achieve an equivalent or greater level
                                                                                                            geographic location, mileage driven and                Agency is granting the exemptions for
                                                    of safety than would be achieved
                                                                                                            conviction history—are used every day                  the 2-year period allowed by 49 U.S.C.
                                                    without the exemption. Without the
                                                                                                            by insurance companies and motor                       31136(e) and 31315 to the 28 applicants
                                                    exemption, applicants will continue to
                                                                                                            vehicle bureaus to predict the                         listed in the notice of March 18, 2015
                                                    be restricted to intrastate driving. With
                                                                                                            probability of an individual                           (80 FR 14223).
                                                    the exemption, applicants can drive in                  experiencing future crashes (See Weber,                   We recognize that the vision of an
                                                    interstate commerce. Thus, our analysis                 Donald C., ‘‘Accident Rate Potential: An               applicant may change and affect his/her
                                                    focuses on whether an equal or greater                  Application of Multiple Regression                     ability to operate a CMV as safely as in
                                                    level of safety is likely to be achieved by             Analysis of a Poisson Process,’’ Journal               the past. As a condition of the
                                                    permitting each of these drivers to drive               of American Statistical Association,                   exemption, therefore, FMCSA will
                                                    in interstate commerce as opposed to                    June 1971). A 1964 California Driver                   impose requirements on the 28
                                                    restricting him or her to driving in                    Record Study prepared by the California                individuals consistent with the
                                                    intrastate commerce.                                    Department of Motor Vehicles                           grandfathering provisions applied to
                                                      To evaluate the effect of these                       concluded that the best overall crash                  drivers who participated in the
                                                    exemptions on safety, FMCSA                             predictor for both concurrent and                      Agency’s vision waiver program.
                                                    considered the medical reports about                    nonconcurrent events is the number of                     Those requirements are found at 49
                                                    the applicants’ vision as well as their                 single convictions. This study used 3                  CFR 391.64(b) and include the
                                                    driving records and experience with the                 consecutive years of data, comparing the               following: (1) That each individual be
                                                    vision deficiency.                                      experiences of drivers in the first 2 years            physically examined every year (a) by
                                                      To qualify for an exemption from the                  with their experiences in the final year.              an ophthalmologist or optometrist who
                                                    vision requirement, FMCSA requires a                       Applying principles from these                      attests that the vision in the better eye
                                                    person to present verifiable evidence                   studies to the past 3-year record of the               continues to meet the requirement in 49
                                                    that he/she has driven a commercial                     28 applicants, two drivers were                        CFR 391.41(b)(10) and (b) by a medical
                                                    vehicle safely with the vision deficiency               involved in crashes, and three were                    examiner who attests that the individual
                                                    for the past 3 years. Recent driving                    convicted of moving violations in a                    is otherwise physically qualified under
                                                    performance is especially important in                  CMV. All the applicants achieved a                     49 CFR 391.41; (2) that each individual
                                                    evaluating future safety, according to                  record of safety while driving with their              provide a copy of the ophthalmologist’s
                                                    several research studies designed to                    vision impairment, demonstrating the                   or optometrist’s report to the medical
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    correlate past and future driving                       likelihood that they have adapted their                examiner at the time of the annual
                                                    performance. Results of these studies                   driving skills to accommodate their                    medical examination; and (3) that each
                                                    support the principle that the best                     condition. As the applicants’ ample                    individual provide a copy of the annual
                                                    predictor of future performance by a                    driving histories with their vision                    medical certification to the employer for
                                                    driver is his/her past record of crashes                deficiencies are good predictors of                    retention in the driver’s qualification
                                                    and traffic violations. Copies of the                   future performance, FMCSA concludes                    file, or keep a copy in his/her driver’s
                                                    studies may be found at Docket Number                   their ability to drive safely can be                   qualification file if he/she is self-
                                                    FMCSA–1998–3637.                                        projected into the future.                             employed. The driver must have a copy


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                                                                                 Federal Register / Vol. 80, No. 111 / Wednesday, June 10, 2015 / Notices                                           33013

                                                    of the certification when driving, for                  DEPARTMENT OF TRANSPORTATION                           OMB to approve or disapprove
                                                    presentation to a duly authorized                                                                              paperwork packages between 30 and 60
                                                    Federal, State, or local enforcement                    Federal Railroad Administration                        days after the 30 day notice is
                                                    official.                                               [Docket No. FRA–2015–0007–N–16]                        published. 44 U.S.C. 3507 (b)–(c); 5 CFR
                                                                                                                                                                   1320.12(d); see also 60 FR 44978, 44983,
                                                    V. Discussion of Comments
                                                                                                            Proposed Agency Information                            Aug. 29, 1995. OMB believes that the 30
                                                      FMCSA received no comments in this                    Collection Activities; Comment                         day notice informs the regulated
                                                    proceeding.                                             Request                                                community to file relevant comments
                                                                                                                                                                   and affords the agency adequate time to
                                                    IV. Conclusion                                          AGENCY: Federal Railroad                               digest public comments before it
                                                       Based upon its evaluation of the 28                  Administration (FRA), Department of                    renders a decision. 60 FR 44983, Aug.
                                                    exemption applications, FMCSA                           Transportation (DOT).                                  29, 1995. Therefore, respondents should
                                                    exempts the following drivers from the                  ACTION: Notice and Request for                         submit their respective comments to
                                                    vision requirement in 49 CFR                            Comments.                                              OMB within 30 days of publication to
                                                    391.41(b)(10), subject to the                                                                                  best ensure having their full effect. 5
                                                    requirements cited above (49 CFR                        SUMMARY:   In compliance with the                      CFR 1320.12(c); see also 60 FR 44983,
                                                    391.64(b)):                                             Paperwork Reduction Act of 1995, this                  Aug. 29, 1995.
                                                                                                            notice announces that the renewal                         The summary below describes the
                                                    Dakota A. Albrecht (MN)
                                                                                                            Information Collection Requests (ICR)                  nature of the information collection
                                                    Joseph L. Beverly (FL)
                                                                                                            abstracted below is being forwarded to                 request (ICR) and the expected burden.
                                                    Jaroslav Cigler (IN)                                    the Office of Management and Budget
                                                    David E. Crane (OH)                                                                                            The revised request is being submitted
                                                                                                            (OMB) for review and comment. The                      for clearance by OMB as required by the
                                                    Alan J. Daisey (DE)                                     ICR describes the nature of the
                                                    Terry L. Daneau (NH)                                                                                           PRA.
                                                                                                            information collection and its expected                   Title: Railworthiness Directive Notice
                                                    Ronald A. Doyle (NY)                                    burden. The Federal Register notice                    No. 1.
                                                    Darin T. Eubank (VA)                                    with a 60-day comment period soliciting                   OMB Control Number: 2130–0606.
                                                    Dan J. Feik (IL)                                        comments on the following collections                     Abstract: Recent FRA investigations
                                                    Phillip E. Fitzpatrick (NM)                             of information was published on March                  identified several railroad tank cars
                                                    William H. Fleming (OR)                                 30, 2015.                                              transporting hazardous materials and
                                                    Lucien W. Foote III (NH)                                DATES: Comments must be submitted on                   leaking small quantities of product from
                                                    Jimmy F. Garrett (AR)                                   or before July 10, 2015.                               the cars’ liquid lines. FRA’s
                                                    Odus P. Gautney III (TX)                                FOR FURTHER INFORMATION CONTACT: Mr.                   investigation revealed that the liquid
                                                    Dale R. Goodell (SD)                                    Robert Brogan, Office of Planning and                  lines of the leaking tank cars were
                                                    Elmer Y. Mendoza (VA)                                   Evaluation Division, RRS–21, Federal                   equipped with a certain type of 3 inch
                                                    Andrew M. Miller (IA)                                   Railroad Administration, 1200 New                      ball valve marketed and sold by
                                                    Richard N. Moyer, Jr. (PA)                              Jersey Ave. SE., Mail Stop 25,                         McKenzie Valve & Machining LLC
                                                    Heath A. Pillig (WA)                                    Washington, DC 20590 (Telephone:                       (McKenzie) (formerly McKenzie Valve &
                                                    Alonzo K. Rawls (NJ)                                    (202) 493–6292), or Ms. Kimberly                       Machining Company), an affiliate
                                                    John R. Ropp (IL)                                       Toone, Office of Information                           company of Union Tank Car Company
                                                    Timothy J. Slone (KY)                                   Technology, RAD–20, Federal Railroad                   (UTLX). FRA further found certain
                                                    David L. Sorensen (NE)                                  Administration, 1200 New Jersey Ave.                   closure plugs installed on the 3 inch
                                                    Nelson J. Stokke (CA)                                   SE., Mail Stop 35, Washington, DC                      valves cause mechanical damage to the
                                                    Darwin L. Stuart (IL)                                   20590 (Telephone: (202) 493–6132).                     valves, which leads to the destruction of
                                                                                                            (These telephone numbers are not toll-                 the valves’ seal integrity and that the 3
                                                    Ivan Tlumach (PA)
                                                                                                            free.)                                                 inch valves, as well as similarly-
                                                    Clarence K. Watkins (TN)
                                                                                                                                                                   designed 1 inch and 2 inch valves
                                                    Kevin D. Zaloudek (VT)                                  SUPPLEMENTARY INFORMATION: The
                                                                                                                                                                   provided by this manufacturer are not
                                                       In accordance with 49 U.S.C. 31136(e)                Paperwork Reduction Act of 1995
                                                                                                                                                                   approved for use on tank cars.
                                                    and 31315, each exemption will be valid                 (PRA), Public Law 104–13, sec. 2, 109                     Type of Request: Extension with
                                                    for 2 years unless revoked earlier by                   Stat. 163 (1995) (codified as revised at               Change of a Currently Approved
                                                    FMCSA. The exemption will be revoked                    44 U.S.C. 3501–3520), and its                          Information Collection.
                                                    if: (1) The person fails to comply with                 implementing regulations, 5 CFR part                      Affected Public: Businesses
                                                    the terms and conditions of the                         1320, require Federal agencies to issue                (Railroads).
                                                    exemption; (2) the exemption has                        two notices seeking public comment on                     Form(s): N/A.
                                                    resulted in a lower level of safety than                information collection activities before                  Total Annual Estimated Burden: 275
                                                    was maintained before it was granted; or                OMB may approve paperwork packages.                    hours.
                                                    (3) continuation of the exemption would                 44 U.S.C. 3506, 3507; 5 CFR 1320.5,                       Addressee: Send comments regarding
                                                    not be consistent with the goals and                    1320.8(d)(1), and 1320.12. On March 30,                these information collections to the
                                                    objectives of 49 U.S.C. 31136 and 31315.                2015, FRA published a 60-day notice in                 Office of Information and Regulatory
                                                       If the exemption is still effective at the           the Federal Register soliciting comment                Affairs, Office of Management and
                                                                                                            on the ICR for which agency is seeking                 Budget, 725 Seventeenth Street NW.,
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    end of the 2-year period, the person may
                                                    apply to FMCSA for a renewal under                      OMB approval. See 80 FR 16725. FRA                     Washington, DC 20503, Attention: FRA
                                                    procedures in effect at that time.                      received no comments in response to                    Desk Officer. Comments may also be
                                                                                                            this notice.                                           sent via email to OMB at the following
                                                      Issued on: May 29, 2015.                                 Before OMB decides whether to                       address: oira_submissions@
                                                    Larry W. Minor,                                         approve these proposed collections of                  omb.eop.gov.
                                                    Associate Administrator for Policy.                     information, it must provide 30 days for                  Comments are invited on the
                                                    [FR Doc. 2015–14168 Filed 6–9–15; 8:45 am]              public comment. 44 U.S.C. 3507(b); 5                   following: Whether the proposed
                                                    BILLING CODE 4910–EX–P                                  CFR 1320.12(d). Federal law requires                   collections of information are necessary


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Document Created: 2015-12-15 15:17:23
Document Modified: 2015-12-15 15:17:23
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 18, 2015. The exemptions expire on April 18, 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 33011 

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