80_FR_33436 80 FR 33324 - Qualification of Drivers; Exemption Applications; Vision

80 FR 33324 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 112 (June 11, 2015)

Page Range33324-33326
FR Document2015-14273

FMCSA announces its decision to exempt 21 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 112 (Thursday, June 11, 2015)
[Federal Register Volume 80, Number 112 (Thursday, June 11, 2015)]
[Notices]
[Pages 33324-33326]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14273]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0303]


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 21 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, 
[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 18, 2015, FMCSA published a notice of receipt of exemption 
applications from certain individuals, and requested comments from the 
public (80 FR 14240). That notice listed 21 applicants' case histories. 
The 21 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 21 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 21 
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 Best disease, toxoplasmosis scar, corneal scar, 
hemorrhage, retinal detachment, amblyopia, displaced pupil, cataract, 
macular drusen, esotropia, refractive amblyopia, complete loss of 
vision, maculopathy, chronic central serous retinopathy, hyperopia, 
retinal tear, calcification of cornea, and failed penetrating 
keratoplasty. In most cases, their eye conditions were not recently 
developed. Thirteen of the applicants were either born with their 
vision impairments or have had them since childhood.
    The eight individuals that sustained their vision conditions as 
adults have had it for a range of one to 29 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 21 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 one to 29 
years. In the past three years, one of drivers was involved in a crash 
and two were convicted of moving violations in a CMV.
    The qualifications, experience, and medical condition of each 
applicant

[[Page 33325]]

were stated and discussed in detail in the March 18, 2015 notice (80 FR 
14240).

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 21 applicants, one driver was involved in a crash, and two 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 21 applicants listed in the notice of March 
18, 2015 (80 FR 14240).
    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 21 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 four comments in this proceeding. The comments are 
discussed below.
    Casey Fleming agrees with the proposal to grant the 21 drivers in 
this proceeding exemptions from the Federal vision standard.
    Larry Worley agrees with the proposal to grant Ronald J. Gruszecki 
an exemption from the Federal vision standard.
    An anonymous commenter agrees with the proposal to grant Raymond W. 
Pitts an exemption from the Federal vision standard.
    An anonymous commenter agrees with the proposal to grant Neal S. 
Anderson, Robert D. Arkwright, Randy

[[Page 33326]]

A. Cimei, and Ronald J. Gruszecki exemptions from the Federal vision 
standard.

IV. Conclusion

    Based upon its evaluation of the 21 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)):

Neal S. Anderson (MN)
Robert D. Arkwright (MS)
Charles D. Ashworth, Jr. (KY)
Randy A. Cimei (IL)
Ronald J. Gruszecki (IL)
Gerald L. Harper (MO)
Alan L. Helfer, Sr. (IL)
Steven R. Jones (KS)
William F. Laforce (VT)
Robert N. Lewis (OH)
Ryan T. McKinney (TN)
Freeman A. Miller (OH)
Larry G. Murray (LA)
Thomas W. Oberschlake (OH)
Dennis R. Ohl (MO)
J.W. Peebles (TN)
Craig C. Perrotta (MA)
Raymond W. Pitts (FL)
Jeffrey A. Porter (CT)
Marty J. Prouty (IA)
Daniel A. Rau (NJ)

    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. 2015-14273 Filed 6-10-15; 8:45 am]
 BILLING CODE 4910-EX-P



                                                  33324                         Federal Register / Vol. 80, No. 112 / Thursday, June 11, 2015 / Notices

                                                       Populations; E.O. 11593 Protection                 Federal holidays. If you have questions                without corrective lenses, field of vision
                                                       and Enhancement of Cultural                        on viewing or submitting material to the               of at least 70 ° in the horizontal
                                                       Resources; E.O. 13007 Indian                       docket, contact Docket Services,                       meridian in each eye, and the ability to
                                                       Sacred Sites; E.O. 13287 Preserve                  telephone (202) 366–9826.                              recognize the colors of traffic signals
                                                       America; E.O. 13175 Consultation                   SUPPLEMENTARY INFORMATION:                             and devices showing red, green, and
                                                       and Coordination with Indian                                                                              amber (49 CFR 391.41(b)(10)).
                                                       Tribal Governments; E.O. 11514                     I. Electronic Access                                      FMCSA recognizes that some drivers
                                                       Protection and Enhancement of                         You may see all the comments online                 do not meet the vision requirement but
                                                       Environmental Quality; E.O. 13112                  through the Federal Document                           have adapted their driving to
                                                       Invasive Species.                                  Management System (FDMS) at http://                    accommodate their vision limitation
                                                                                                          www.regulations.gov.                                   and demonstrated their ability to drive
                                                  (Catalog of Federal Domestic Assistance
                                                  Program Number 20.205, Highway Planning                    Docket: For access to the docket to                 safely. The 21 exemption applicants
                                                  and Construction. The regulations                       read background documents or                           listed in this notice are in this category.
                                                  implementing Executive Order 12372                      comments, go to http://                                They are unable to meet the vision
                                                  regarding intergovernmental consultation on             www.regulations.gov and/or Room                        requirement in one eye for various
                                                  Federal programs and activities apply to this           W12–140 on the ground level of the                     reasons, including Best disease,
                                                  program.)                                               West Building, 1200 New Jersey Avenue                  toxoplasmosis scar, corneal scar,
                                                     Authority: 23 U.S.C. 139(l)(1).                      SE., Washington, DC, between 9 a.m.                    hemorrhage, retinal detachment,
                                                                                                          and 5 p.m., Monday through Friday,                     amblyopia, displaced pupil, cataract,
                                                  Cesar Perez,                                            except Federal holidays.                               macular drusen, esotropia, refractive
                                                  Senior Transportation Engineer, Federal                    Privacy Act: In accordance with 5                   amblyopia, complete loss of vision,
                                                  Highway Administration, Sacramento,                     U.S.C. 553(c), DOT solicits comments                   maculopathy, chronic central serous
                                                  California.                                             from the public to better inform its                   retinopathy, hyperopia, retinal tear,
                                                  [FR Doc. 2015–14264 Filed 6–10–15; 8:45 am]             rulemaking process. DOT posts these                    calcification of cornea, and failed
                                                  BILLING CODE 4910–RY–P                                  comments, without edit, including any                  penetrating keratoplasty. In most cases,
                                                                                                          personal information the commenter                     their eye conditions were not recently
                                                                                                          provides, to www.regulations.gov, as                   developed. Thirteen of the applicants
                                                  DEPARTMENT OF TRANSPORTATION                            described in the system of records                     were either born with their vision
                                                                                                          notice (DOT/ALL–14 FDMS), which can                    impairments or have had them since
                                                  Federal Motor Carrier Safety                                                                                   childhood.
                                                                                                          be reviewed at www.dot.gov/privacy.
                                                  Administration                                                                                                    The eight individuals that sustained
                                                  [Docket No. FMCSA–2014–0303]
                                                                                                          II. Background                                         their vision conditions as adults have
                                                                                                             On March 18, 2015, FMCSA                            had it for a range of one to 29 years.
                                                  Qualification of Drivers; Exemption                     published a notice of receipt of                          Although each applicant has one eye
                                                  Applications; Vision                                    exemption applications from certain                    which does not meet the vision
                                                                                                          individuals, and requested comments                    requirement in 49 CFR 391.41(b)(10),
                                                  AGENCY: Federal Motor Carrier Safety                                                                           each has at least 20/40 corrected vision
                                                                                                          from the public (80 FR 14240). That
                                                  Administration (FMCSA), DOT.                                                                                   in the other eye, and in a doctor’s
                                                                                                          notice listed 21 applicants’ case
                                                  ACTION: Notice of final disposition.                    histories. The 21 individuals applied for              opinion, has sufficient vision to perform
                                                  SUMMARY:    FMCSA announces its                         exemptions from the vision requirement                 all the tasks necessary to operate a CMV.
                                                  decision to exempt 21 individuals from                  in 49 CFR 391.41(b)(10), for drivers who               Doctors’ opinions are supported by the
                                                  the vision requirement in the Federal                   operate CMVs in interstate commerce.                   applicants’ possession of valid
                                                  Motor Carrier Safety Regulations                           Under 49 U.S.C. 31136(e) and 31315,                 commercial driver’s licenses (CDLs) or
                                                  (FMCSRs). They are unable to meet the                   FMCSA may grant an exemption for a 2-                  non-CDLs to operate CMVs. Before
                                                  vision requirement in one eye for                       year period if it finds ‘‘such exemption               issuing CDLs, States subject drivers to
                                                  various reasons. The exemptions will                    would likely achieve a level of safety                 knowledge and skills tests designed to
                                                  enable these individuals to operate                     that is equivalent to or greater than the              evaluate their qualifications to operate a
                                                  commercial motor vehicles (CMVs) in                     level that would be achieved absent                    CMV.
                                                                                                          such exemption.’’ The statute also                        All of these applicants satisfied the
                                                  interstate commerce without meeting
                                                                                                          allows the Agency to renew exemptions                  testing requirements for their State of
                                                  the prescribed vision requirement in
                                                                                                          at the end of the 2-year period.                       residence. By meeting State licensing
                                                  one eye. The Agency has concluded that
                                                                                                          Accordingly, FMCSA has evaluated the                   requirements, the applicants
                                                  granting these exemptions will provide
                                                                                                          21 applications on their merits and                    demonstrated their ability to operate a
                                                  a level of safety that is equivalent to or
                                                                                                          made a determination to grant                          CMV, with their limited vision, to the
                                                  greater than the level of safety
                                                                                                          exemptions to each of them.                            satisfaction of the State.
                                                  maintained without the exemptions for                                                                             While possessing a valid CDL or non-
                                                  these CMV drivers.                                      III. Vision and Driving Experience of                  CDL, these 21 drivers have been
                                                  DATES: The exemptions were granted                      the Applicants                                         authorized to drive a CMV in intrastate
                                                  April 18, 2015. The exemptions expire                      The vision requirement in the                       commerce, even though their vision
                                                  on April 18, 2017.                                      FMCSRs provides:                                       disqualified them from driving in
                                                  FOR FURTHER INFORMATION CONTACT:                           A person is physically qualified to                 interstate commerce. They have driven
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  Charles A. Horan, III, Director, Carrier,               drive a commercial motor vehicle if that               CMVs with their limited vision in
                                                  Driver and Vehicle Safety Standards,                    person has distant visual acuity of at                 careers ranging from one to 29 years. In
                                                  (202) 366–4001, fmcsamedical@dot.gov,                   least 20/40 (Snellen) in each eye                      the past three years, one of drivers was
                                                  FMCSA, Department of Transportation,                    without corrective lenses or visual                    involved in a crash and two were
                                                  1200 New Jersey Avenue SE., Room                        acuity separately corrected to 20/40                   convicted of moving violations in a
                                                  W64–224, Washington, DC 20590–0001.                     (Snellen) or better with corrective                    CMV.
                                                  Office hours are from 8:30 a.m. to 5                    lenses, distant binocular acuity of a least               The qualifications, experience, and
                                                  p.m., Monday through Friday, except                     20/40 (Snellen) in both eyes with or                   medical condition of each applicant


                                             VerDate Sep<11>2014   17:06 Jun 10, 2015   Jkt 235001   PO 00000   Frm 00097   Fmt 4703   Sfmt 4703   E:\FR\FM\11JNN1.SGM   11JNN1


                                                                                Federal Register / Vol. 80, No. 112 / Thursday, June 11, 2015 / Notices                                            33325

                                                  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
                                                  14240).                                                 periods vary only slightly (See Bates                  has been performing in intrastate
                                                                                                          and Neyman, University of California                   commerce. Consequently, FMCSA finds
                                                  IV. Basis for Exemption Determination
                                                                                                          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 21 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 14240).
                                                  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 21
                                                  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                     21 applicants, one driver was involved                 CFR 391.41(b)(10) and (b) by a medical
                                                  vehicle safely with the vision deficiency               in a crash, and two were convicted of                  examiner who attests that the individual
                                                  for the past 3 years. Recent driving                    moving violations in a CMV. All the                    is otherwise physically qualified under
                                                  performance is especially important in                  applicants achieved a record of safety                 49 CFR 391.41; (2) that each individual
                                                  evaluating future safety, according to                  while driving with their vision                        provide a copy of the ophthalmologist’s
                                                  several research studies designed to                    impairment, demonstrating the                          or optometrist’s report to the medical
                                                  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
                                                     FMCSA believes it can properly apply                    We believe that the applicants’                     of the certification when driving, for
                                                  the principle to monocular drivers,                     intrastate driving experience and history              presentation to a duly authorized
                                                  because data from the Federal Highway                   provide an adequate basis for predicting               Federal, State, or local enforcement
                                                  Administration’s (FHWA) former waiver                   their ability to drive safely in interstate            official.
                                                  study program clearly demonstrate the                   commerce. Intrastate driving, like
                                                  driving performance of experienced                      interstate operations, involves                        V. Discussion of Comments
                                                  monocular drivers in the program is                     substantial driving on highways on the                   FMCSA received four comments in
                                                  better than that of all CMV drivers                     interstate system and on other roads                   this proceeding. The comments are
                                                  collectively (See 61 FR 13338, 13345,                   built to interstate standards. Moreover,               discussed below.
                                                  March 26, 1996). The fact that                          driving in congested urban areas                         Casey Fleming agrees with the
                                                  experienced monocular drivers                           exposes the driver to more pedestrian                  proposal to grant the 21 drivers in this
                                                  demonstrated safe driving records in the                and vehicular traffic than exists on                   proceeding exemptions from the Federal
                                                  waiver program supports a conclusion                    interstate highways. Faster reaction to                vision standard.
                                                  that other monocular drivers, meeting                   traffic and traffic signals is generally                 Larry Worley agrees with the proposal
                                                  the same qualifying conditions as those                 required because distances between                     to grant Ronald J. Gruszecki an
                                                  required by the waiver program, are also                them are more compact. These                           exemption from the Federal vision
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  likely to have adapted to their vision                  conditions tax visual capacity and                     standard.
                                                  deficiency and will continue to operate                 driver response just as intensely as                     An anonymous commenter agrees
                                                  safely.                                                 interstate driving conditions. The                     with the proposal to grant Raymond W.
                                                     The first major research correlating                 veteran drivers in this proceeding have                Pitts an exemption from the Federal
                                                  past and future performance was done                    operated CMVs safely under those                       vision standard.
                                                  in England by Greenwood and Yule in                     conditions for at least 3 years, most for                An anonymous commenter agrees
                                                  1920. Subsequent studies, building on                   much longer. Their experience and                      with the proposal to grant Neal S.
                                                  that model, concluded that crash rates                  driving records lead us to believe that                Anderson, Robert D. Arkwright, Randy


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                                                  33326                         Federal Register / Vol. 80, No. 112 / Thursday, June 11, 2015 / Notices

                                                  A. Cimei, and Ronald J. Gruszecki                       ACTION: Denial of exemption                            The decision of the Agency must be
                                                  exemptions from the Federal vision                      application.                                           published in the Federal Register (49
                                                  standard.                                                                                                      CFR 381.315(b)). If the Agency denies
                                                                                                          SUMMARY:   FMCSA denies an exemption                   the request, it must state the reason for
                                                  IV. Conclusion                                          application from the International                     doing so. If the decision is to grant the
                                                     Based upon its evaluation of the 21                  Window Film Association (IWFA) to                      exemption, the notice must specify the
                                                  exemption applications, FMCSA                           allow the use of glazing in the windows                person or class of persons receiving the
                                                  exempts the following drivers from the                  to the immediate right and left of the                 exemption and the regulatory provision
                                                  vision requirement in 49 CFR                            driver that does not meet the light                    or provisions from which an exemption
                                                  391.41(b)(10), subject to the                           transmission requirements specified in                 is granted. The notice must also specify
                                                  requirements cited above (49 CFR                        the Federal Motor Carrier Safety                       the effective period of the exemption
                                                  391.64(b)):                                             Regulations (FMCSR). The current rule
                                                                                                                                                                 (up to 2 years) and explain the terms
                                                  Neal S. Anderson (MN)                                   permits windshields and side windows
                                                                                                                                                                 and conditions of the exemption. The
                                                  Robert D. Arkwright (MS)                                of commercial motor vehicles (CMVs) to
                                                                                                                                                                 exemption may be renewed (49 CFR
                                                  Charles D. Ashworth, Jr. (KY)                           be tinted as long as the light
                                                                                                                                                                 381.315(c) and 49 CFR 381.300(b)).
                                                  Randy A. Cimei (IL)                                     transmission is not restricted to less
                                                  Ronald J. Gruszecki (IL)                                than 70 percent of normal. While IWFA                  IWFA Application for Exemption
                                                  Gerald L. Harper (MO)                                   contended that a reduction of light                       IWFA applied for an exemption from
                                                  Alan L. Helfer, Sr. (IL)                                entering the truck cab interior can (1)                49 CFR 393.60(d) to allow the use of
                                                  Steven R. Jones (KS)                                    significantly improve driver comfort, (2)              glazing in the windows to the
                                                  William F. Laforce (VT)                                 reduce eye strain, and (3) reduce the                  immediate right and left of the driver
                                                  Robert N. Lewis (OH)                                    heat load of the interior environment,                 that does not meet the light
                                                  Ryan T. McKinney (TN)                                   thus making the driver more                            transmission requirements specified in
                                                  Freeman A. Miller (OH)                                  comfortable as well as lowering energy                 the FMCSRs. A copy of the application
                                                  Larry G. Murray (LA)                                    use for cooling, it failed to provide any              is included in the docket referenced at
                                                  Thomas W. Oberschlake (OH)                              evidence that motor carriers operating                 the beginning of this notice.
                                                  Dennis R. Ohl (MO)                                      CMVs equipped with glazing that blocks                    Section 393.60(d) of the FMCSRs
                                                  J.W. Peebles (TN)                                       more normal light than currently
                                                  Craig C. Perrotta (MA)                                                                                         permits coloring or tinting of
                                                                                                          permitted will achieve a level of safety               windshields and the windows to the
                                                  Raymond W. Pitts (FL)                                   that is equivalent to, or greater than, the
                                                  Jeffrey A. Porter (CT)                                                                                         immediate right and left of the driver, as
                                                                                                          level of safety that would be obtained by              long as the ‘‘parallel luminous
                                                  Marty J. Prouty (IA)                                    complying with the regulation.
                                                  Daniel A. Rau (NJ)                                                                                             transmittance through the colored or
                                                                                                          FOR FURTHER INFORMATION CONTACT: Mr.                   tinted glazing is not less than 70 percent
                                                     In accordance with 49 U.S.C. 31136(e)                Mike Huntley, Vehicle and Roadside
                                                  and 31315, each exemption will be valid                                                                        of the light at normal incidence in those
                                                                                                          Operations Division, Office of Bus and                 portions of the windshield or windows
                                                  for 2 years unless revoked earlier by                   Truck Standards and Operations, MC–
                                                  FMCSA. The exemption will be revoked                                                                           which are marked as having a parallel
                                                                                                          PSV, (202) 366–5370; Federal Motor                     luminous transmittance of not less than
                                                  if: (1) The person fails to comply with                 Carrier Safety Administration, 1200
                                                  the terms and conditions of the                                                                                70 percent.’’ The transmittance
                                                                                                          New Jersey Avenue SE., Washington,                     restriction does not apply to other
                                                  exemption; (2) the exemption has                        DC 20590–0001.
                                                  resulted in a lower level of safety than                                                                       windows on the commercial motor
                                                                                                          SUPPLEMENTARY INFORMATION:                             vehicle.
                                                  was maintained before it was granted; or
                                                  (3) continuation of the exemption would                 Background                                                In its application, IWFA states:
                                                  not be consistent with the goals and                       Section 4007 of the Transportation                     Many commercial operators, however,
                                                  objectives of 49 U.S.C. 31136 and 31315.                Equity Act for the 21st Century (TEA–                  have been unable to obtain the approved film
                                                     If the exemption is still effective at the                                                                  products in a timely and local basis; this has
                                                                                                          21) [Pub. L. 105–178, June 9, 1998, 112                generated a significant volume of inquiries to
                                                  end of the 2-year period, the person may                Stat. 401] amended 49 U.S.C. 31315 and                 federal, state, and association offices. We are
                                                  apply to FMCSA for a renewal under                      31136(e) to provide authority to grant                 therefore requesting a favorable consideration
                                                  procedures in effect at that time.                      exemptions from the FMCSRs. On                         for the use of a market-standard 50%-type of
                                                    Issued on: May 29, 2015.                              August 20, 2004, FMCSA published a                     film with a 7% measurement tolerance (to
                                                  Larry W. Minor,                                         final rule (69 FR 51589) implementing                  accommodate variances in glass, glass
                                                                                                          section 4007. Under this rule, FMCSA                   condition, film manufacturing variation, and
                                                  Associate Administrator for Policy.
                                                                                                          must publish a notice of each exemption                meter differences.) This would allow the
                                                  [FR Doc. 2015–14273 Filed 6–10–15; 8:45 am]                                                                    standard 50%-type film to be used on CMVs
                                                                                                          request in the Federal Register (49 CFR
                                                  BILLING CODE 4910–EX–P                                                                                         for the windows to the immediate right and
                                                                                                          381.315(a)). The Agency must provide                   left of the driver. This film is the same
                                                                                                          the public with an opportunity to                      minimum visibility requirement used in the
                                                  DEPARTMENT OF TRANSPORTATION                            inspect the information relevant to the                majority of states for automobiles and is
                                                                                                          application, including any safety                      essentially ‘‘clear’’ to the extent that, in most
                                                  Federal Motor Carrier Safety                            analyses that have been conducted. The                 cases, it is difficult to determine if a vehicle
                                                  Administration                                          Agency must also provide an                            even has had film applied. Since a reduction
                                                                                                          opportunity for public comment on the                  of light entering the truck cab interior will
                                                  [[Docket No. FMCSA–2013–0436]                                                                                  decrease not only available visible light but
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                          request.
                                                                                                             The Agency reviews the safety                       also scattered light (sometimes called
                                                  Parts and Accessories Necessary for                                                                            ‘‘interference haze’’ by optical researchers), it
                                                                                                          analyses and the public comments and
                                                  Safe Operation; Denial of the                                                                                  can significantly improve driver comfort and
                                                                                                          determines whether granting the
                                                  International Window Film                                                                                      reduce eye strain while also allowing films
                                                                                                          exemption would likely achieve a level                 to be used which can also reduce the heat
                                                  Association’s Exemption Application
                                                                                                          of safety equivalent to or greater than                load of the interior environment, thus making
                                                  AGENCY:Federal Motor Carrier Safety                     the level that would be achieved by the                the driver more comfortable as well as
                                                  Administration (FMCSA), DOT.                            current regulation (49 CFR 381.305).                   lowering energy use for cooling.



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Document Created: 2015-12-15 15:07:24
Document Modified: 2015-12-15 15:07:24
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 33324 

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