80_FR_48559 80 FR 48404 - Qualification of Drivers; Exemption Applications; Vision

80 FR 48404 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 155 (August 12, 2015)

Page Range48404-48406
FR Document2015-19790

FMCSA announces its decision to exempt 34 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 155 (Wednesday, August 12, 2015)
[Federal Register Volume 80, Number 155 (Wednesday, August 12, 2015)]
[Notices]
[Pages 48404-48406]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19790]



[[Page 48404]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0052]


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 34 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 July 23, 2015. The exemptions expire 
on July 23, 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 July 22, 2015, FMCSA published a notice of receipt of exemption 
applications from certain individuals, and requested comments from the 
public (80 FR 35699). That notice listed 34 applicants' case histories. 
The 34 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 34 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 34 
exemption applicants listed in this notice are in this category. They 
are unable to meet the vision requirement in one eye for various 
reasons, including amblyopia, complete loss of vision, retinal 
detachment, corneal scarring, Descemet's folds, congenital amblyopia, 
prosthetic eye, macular hole, central scotoma, congenital glaucoma, 
staphyloma, refractive amblyopia, total cataract with iris synechia, 
retinal scar, optic nerve injury, cataract, mydriasis, amblyopia with 
exotropia, aphakia, and posterior senechiae. In most cases, their eye 
conditions were not recently developed. Twenty-four of the applicants 
were either born with their vision impairments or have had them since 
childhood.
    The 10 individuals that sustained their vision conditions as adults 
have had it for a range of four 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 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 34 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 four three to 
35 years. In the past three years, four drivers were involved in 
crashes, and three drivers 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 June 22, 2015 
notice (80 FR 35699).

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.

[[Page 48405]]

    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 34 applicants, four drivers were involved in crashes, and three 
drivers 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 34 applicants listed in the notice of June 
22, 2015 (80 FR 35699).
    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 34 individuals consistent with the grandfathering provisions 
applied to drivers who participated in the Agency's vision waiver 
program.
    Those requirements are found at 49 CFR 391.64(b) and include the 
following: (1) That each individual be physically examined every year 
(a) by an ophthalmologist or optometrist who attests that the vision in 
the better eye continues to meet the requirement in 49 CFR 
391.41(b)(10) and (b) by a medical examiner who attests that the 
individual is otherwise physically qualified under 49 CFR 391.41; (2) 
that each individual provide a copy of the ophthalmologist's or 
optometrist's report to the medical examiner at the time of the annual 
medical examination; and (3) that each individual provide a copy of the 
annual medical certification to the employer for retention in the 
driver's qualification file, or keep a copy in his/her driver's 
qualification file if he/she is self-employed. The driver must have a 
copy of the certification when driving, for presentation to a duly 
authorized Federal, State, or local enforcement official.

V. Discussion of Comments

    FMCSA received no comments in this proceeding.

IV. Conclusion

    Based upon its evaluation of the 34 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)):

Robert J. Bickel (MI)
Steven J. Brauer (NJ)
Steven R. Brinegar (TX)
Garry D. Burkholder (PA)
Orlando A. Cabrera (FL)
Dennis W. Cosens, Jr. (NM)
Rodney R. Dawson (KY)
David S. Devine (ID)
Lenton L. Dunston, Jr. (VA)
Raymond C. Favreau (VT)
William J. Gargiulo (OH)
Wladyslaw Gogola (IL)
Antonio Gomez (PA)
Fred S. Graham (TN)
Mark Grenier (CT)
Jay R. Hendricks (FL)
Steven C. Holland (OK)
Acquillious Jackson III (SC)
Jimmy D. Johnson II (TN)
Bradley J. Kearl (UT)
Larry G. Kreke (IL)
Richard A. Lemke (WI)
Lawrence McGowan (OH)
James R. Millijen (CO)
Christopher P. Mroczka (MD)
Gary A. Oster, Jr. (OR)
Mark A. Pleskovitch (IL)
Edward J. Puto (CT)
Andrew Risner (OH)
Kyle B. Sharp (MI)
Francis A. St. Pierre (NH)
Sukru Tamirci (NY)
George F. Treece (IL)
Jeff L. Wheeler (IA)


[[Page 48406]]


    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: August 6, 2015.
Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2015-19790 Filed 8-11-15; 8:45 am]
 BILLING CODE 4910-EX-P



                                                  48404                      Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices

                                                  DEPARTMENT OF TRANSPORTATION                            provides, to www.regulations.gov, as                  either born with their vision
                                                                                                          described in the system of records                    impairments or have had them since
                                                  Federal Motor Carrier Safety                            notice (DOT/ALL–14 FDMS), which can                   childhood.
                                                  Administration                                          be reviewed at www.dot.gov/privacy.                      The 10 individuals that sustained
                                                                                                                                                                their vision conditions as adults have
                                                  [Docket No. FMCSA–2015–0052]                            II. Background                                        had it for a range of four to 43 years.
                                                  Qualification of Drivers; Exemption                        On July 22, 2015, FMCSA published                     Although each applicant has one eye
                                                  Applications; Vision                                    a notice of receipt of exemption                      which does not meet the vision
                                                                                                          applications from certain individuals,                requirement in 49 CFR 391.41(b)(10),
                                                  AGENCY: Federal Motor Carrier Safety                    and requested comments from the                       each has at least 20/40 corrected vision
                                                  Administration (FMCSA), DOT.                            public (80 FR 35699). That notice listed              in the other eye, and in a doctor’s
                                                  ACTION: Notice of final disposition.                    34 applicants’ case histories. The 34                 opinion, has sufficient vision to perform
                                                                                                          individuals applied for exemptions from               all the tasks necessary to operate a CMV.
                                                  SUMMARY:    FMCSA announces its                         the vision requirement in 49 CFR                      Doctors’ opinions are supported by the
                                                  decision to exempt 34 individuals from                  391.41(b)(10), for drivers who operate                applicants’ possession of valid
                                                  the vision requirement in the Federal                   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
                                                  various reasons. The exemptions will                    would likely achieve a level of safety                evaluate their qualifications to operate a
                                                  enable these individuals to operate                     that is equivalent to or greater than the             CMV.
                                                  commercial motor vehicles (CMVs) in                     level that would be achieved absent                      All of these applicants satisfied the
                                                  interstate commerce without meeting                     such exemption.’’ The statute also                    testing requirements for their State of
                                                  the prescribed vision requirement in                    allows the Agency to renew exemptions                 residence. By meeting State licensing
                                                  one eye. The Agency has concluded that                  at the end of the 2-year period.                      requirements, the applicants
                                                  granting these exemptions will provide                  Accordingly, FMCSA has evaluated the                  demonstrated their ability to operate a
                                                  a level of safety that is equivalent to or              34 applications on their merits and                   CMV, with their limited vision, to the
                                                  greater than the level of safety                        made a determination to grant                         satisfaction of the State.
                                                  maintained without the exemptions for                   exemptions to each of them.                              While possessing a valid CDL or non-
                                                  these CMV drivers.                                                                                            CDL, these 34 drivers have been
                                                                                                          III. Vision and Driving Experience of                 authorized to drive a CMV in intrastate
                                                  DATES: The exemptions were granted
                                                                                                          the Applicants                                        commerce, even though their vision
                                                  July 23, 2015. The exemptions expire on
                                                  July 23, 2017.                                           The vision requirement in the                        disqualified them from driving in
                                                                                                          FMCSRs provides:                                      interstate commerce. They have driven
                                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                CMVs with their limited vision in
                                                  Charles A. Horan, III, Director, Carrier,                  A person is physically qualified to drive a
                                                                                                          commercial motor vehicle if that person has           careers ranging four three to 35 years. In
                                                  Driver and Vehicle Safety Standards,
                                                                                                          distant visual acuity of at least 20/40               the past three years, four drivers were
                                                  (202) 366–4001, fmcsamedical@dot.gov,
                                                                                                          (Snellen) in each eye without corrective              involved in crashes, and three drivers
                                                  FMCSA, Department of Transportation,
                                                                                                          lenses or visual acuity separately corrected to       were convicted of moving violations in
                                                  1200 New Jersey Avenue SE., Room                        20/40 (Snellen) or better with corrective             a CMV.
                                                  W64–224, Washington, DC 20590–0001.                     lenses, distant binocular acuity of a least 20/          The qualifications, experience, and
                                                  Office hours are from 8:30 a.m. to 5                    40 (Snellen) in both eyes with or without             medical condition of each applicant
                                                  p.m., Monday through Friday, except                     corrective lenses, field of vision of at least        were stated and discussed in detail in
                                                  Federal holidays. If you have questions                 70° in the horizontal meridian in each eye,           the June 22, 2015 notice (80 FR 35699).
                                                  on viewing or submitting material to the                and the ability to recognize the colors of
                                                  docket, contact Docket Services,                        traffic signals and devices showing red,              IV. Basis for Exemption Determination
                                                  telephone (202) 366–9826.                               green, and amber (49 CFR 391.41(b)(10)).
                                                                                                                                                                  Under 49 U.S.C. 31136(e) and 31315,
                                                  SUPPLEMENTARY INFORMATION:                                 FMCSA recognizes that some drivers                 FMCSA may grant an exemption from
                                                                                                          do not meet the vision requirement but                the vision requirement in 49 CFR
                                                  I. Electronic Access                                    have adapted their driving to                         391.41(b)(10) if the exemption is likely
                                                     You may see all the comments online                  accommodate their vision limitation                   to achieve an equivalent or greater level
                                                  through the Federal Document                            and demonstrated their ability to drive               of safety than would be achieved
                                                  Management System (FDMS) at http://                     safely. The 34 exemption applicants                   without the exemption. Without the
                                                  www.regulations.gov.                                    listed in this notice are in this category.           exemption, applicants will continue to
                                                     Docket: For access to the docket to                  They are unable to meet the vision                    be restricted to intrastate driving. With
                                                  read background documents or                            requirement in one eye for various                    the exemption, applicants can drive in
                                                  comments, go to http://                                 reasons, including amblyopia, complete                interstate commerce. Thus, our analysis
                                                  www.regulations.gov and/or Room                         loss of vision, retinal detachment,                   focuses on whether an equal or greater
                                                  W12–140 on the ground level of the                      corneal scarring, Descemet’s folds,                   level of safety is likely to be achieved by
                                                  West Building, 1200 New Jersey Avenue                   congenital amblyopia, prosthetic eye,                 permitting each of these drivers to drive
                                                  SE., Washington, DC, between 9 a.m.                     macular hole, central scotoma,                        in interstate commerce as opposed to
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  and 5 p.m., Monday through Friday,                      congenital glaucoma, staphyloma,                      restricting him or her to driving in
                                                  except Federal holidays.                                refractive amblyopia, total cataract with             intrastate commerce.
                                                     Privacy Act: In accordance with 5                    iris synechia, retinal scar, optic nerve                To evaluate the effect of these
                                                  U.S.C. 553(c), DOT solicits comments                    injury, cataract, mydriasis, amblyopia                exemptions on safety, FMCSA
                                                  from the public to better inform its                    with exotropia, aphakia, and posterior                considered the medical reports about
                                                  rulemaking process. DOT posts these                     senechiae. In most cases, their eye                   the applicants’ vision as well as their
                                                  comments, without edit, including any                   conditions were not recently developed.               driving records and experience with the
                                                  personal information the commenter                      Twenty-four of the applicants were                    vision deficiency.


                                             VerDate Sep<11>2014   18:16 Aug 11, 2015   Jkt 235001   PO 00000   Frm 00118   Fmt 4703   Sfmt 4703   E:\FR\FM\12AUN1.SGM   12AUN1


                                                                             Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices                                          48405

                                                     To qualify for an exemption from the                 experiences of drivers in the first 2 years           physically examined every year (a) by
                                                  vision requirement, FMCSA requires a                    with their experiences in the final year.             an ophthalmologist or optometrist who
                                                  person to present verifiable evidence                      Applying principles from these                     attests that the vision in the better eye
                                                  that he/she has driven a commercial                     studies to the past 3-year record of the              continues to meet the requirement in 49
                                                  vehicle safely with the vision deficiency               34 applicants, four drivers were                      CFR 391.41(b)(10) and (b) by a medical
                                                  for the past 3 years. Recent driving                    involved in crashes, and three drivers                examiner who attests that the individual
                                                  performance is especially important in                  were convicted of moving violations in                is otherwise physically qualified under
                                                  evaluating future safety, according to                  a CMV. All the applicants achieved a                  49 CFR 391.41; (2) that each individual
                                                  several research studies designed to                    record of safety while driving with their             provide a copy of the ophthalmologist’s
                                                  correlate past and future driving                       vision impairment, demonstrating the                  or optometrist’s report to the medical
                                                  performance. Results of these studies                   likelihood that they have adapted their               examiner at the time of the annual
                                                  support the principle that the best                     driving skills to accommodate their                   medical examination; and (3) that each
                                                  predictor of future performance by a                    condition. As the applicants’ ample                   individual provide a copy of the annual
                                                  driver is his/her past record of crashes                driving histories with their vision                   medical certification to the employer for
                                                  and traffic violations. Copies of the                   deficiencies are good predictors of                   retention in the driver’s qualification
                                                  studies may be found at Docket Number                   future performance, FMCSA concludes                   file, or keep a copy in his/her driver’s
                                                  FMCSA–1998–3637.                                        their ability to drive safely can be                  qualification file if he/she is self-
                                                     FMCSA believes it can properly apply                 projected into the future.                            employed. The driver must have a copy
                                                  the principle to monocular drivers,                        We believe that the applicants’                    of the certification when driving, for
                                                  because data from the Federal Highway                   intrastate driving experience and history             presentation to a duly authorized
                                                  Administration’s (FHWA) former waiver                   provide an adequate basis for predicting              Federal, State, or local enforcement
                                                                                                          their ability to drive safely in interstate           official.
                                                  study program clearly demonstrate the
                                                                                                          commerce. Intrastate driving, like
                                                  driving performance of experienced                                                                            V. Discussion of Comments
                                                                                                          interstate operations, involves
                                                  monocular drivers in the program is
                                                                                                          substantial driving on highways on the                  FMCSA received no comments in this
                                                  better than that of all CMV drivers
                                                                                                          interstate system and on other roads                  proceeding.
                                                  collectively (See 61 FR 13338, 13345,
                                                                                                          built to interstate standards. Moreover,
                                                  March 26, 1996). The fact that                                                                                IV. Conclusion
                                                                                                          driving in congested urban areas
                                                  experienced monocular drivers
                                                                                                          exposes the driver to more pedestrian                    Based upon its evaluation of the 34
                                                  demonstrated safe driving records in the
                                                                                                          and vehicular traffic than exists on                  exemption applications, FMCSA
                                                  waiver program supports a conclusion
                                                                                                          interstate highways. Faster reaction to               exempts the following drivers from the
                                                  that other monocular drivers, meeting                   traffic and traffic signals is generally
                                                  the same qualifying conditions as those                                                                       vision requirement in 49 CFR
                                                                                                          required because distances between                    391.41(b)(10), subject to the
                                                  required by the waiver program, are also                them are more compact. These
                                                  likely to have adapted to their vision                                                                        requirements cited above (49 CFR
                                                                                                          conditions tax visual capacity and                    391.64(b)):
                                                  deficiency and will continue to operate                 driver response just as intensely as
                                                  safely.                                                                                                       Robert J. Bickel (MI)
                                                                                                          interstate driving conditions. The                    Steven J. Brauer (NJ)
                                                     The first major research correlating                 veteran drivers in this proceeding have
                                                  past and future performance was done                                                                          Steven R. Brinegar (TX)
                                                                                                          operated CMVs safely under those                      Garry D. Burkholder (PA)
                                                  in England by Greenwood and Yule in                     conditions for at least 3 years, most for
                                                  1920. Subsequent studies, building on                                                                         Orlando A. Cabrera (FL)
                                                                                                          much longer. Their experience and                     Dennis W. Cosens, Jr. (NM)
                                                  that model, concluded that crash rates                  driving records lead us to believe that               Rodney R. Dawson (KY)
                                                  for the same individual exposed to                      each applicant is capable of operating in             David S. Devine (ID)
                                                  certain risks for two different time                    interstate commerce as safely as he/she               Lenton L. Dunston, Jr. (VA)
                                                  periods vary only slightly (See Bates                   has been performing in intrastate                     Raymond C. Favreau (VT)
                                                  and Neyman, University of California                    commerce. Consequently, FMCSA finds                   William J. Gargiulo (OH)
                                                  Publications in Statistics, April 1952).                that exempting these applicants from                  Wladyslaw Gogola (IL)
                                                  Other studies demonstrated theories of                  the vision requirement in 49 CFR                      Antonio Gomez (PA)
                                                  predicting crash proneness from crash                   391.41(b)(10) is likely to achieve a level            Fred S. Graham (TN)
                                                  history coupled with other factors.                     of safety equal to that existing without              Mark Grenier (CT)
                                                  These factors—such as age, sex,                         the exemption. For this reason, the                   Jay R. Hendricks (FL)
                                                  geographic location, mileage driven and                 Agency is granting the exemptions for                 Steven C. Holland (OK)
                                                  conviction history—are used every day                   the 2-year period allowed by 49 U.S.C.                Acquillious Jackson III (SC)
                                                  by insurance companies and motor                        31136(e) and 31315 to the 34 applicants               Jimmy D. Johnson II (TN)
                                                  vehicle bureaus to predict the                          listed in the notice of June 22, 2015 (80             Bradley J. Kearl (UT)
                                                  probability of an individual                            FR 35699).                                            Larry G. Kreke (IL)
                                                  experiencing future crashes (See Weber,                    We recognize that the vision of an                 Richard A. Lemke (WI)
                                                  Donald C., ‘‘Accident Rate Potential: An                applicant may change and affect his/her               Lawrence McGowan (OH)
                                                  Application of Multiple Regression                      ability to operate a CMV as safely as in              James R. Millijen (CO)
                                                  Analysis of a Poisson Process,’’ Journal                the past. As a condition of the                       Christopher P. Mroczka (MD)
                                                  of American Statistical Association,                    exemption, therefore, FMCSA will                      Gary A. Oster, Jr. (OR)
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                                                  June 1971). A 1964 California Driver                    impose requirements on the 34                         Mark A. Pleskovitch (IL)
                                                  Record Study prepared by the California                 individuals consistent with the                       Edward J. Puto (CT)
                                                  Department of Motor Vehicles                            grandfathering provisions applied to                  Andrew Risner (OH)
                                                  concluded that the best overall crash                   drivers who participated in the                       Kyle B. Sharp (MI)
                                                  predictor for both concurrent and                       Agency’s vision waiver program.                       Francis A. St. Pierre (NH)
                                                  nonconcurrent events is the number of                      Those requirements are found at 49                 Sukru Tamirci (NY)
                                                  single convictions. This study used 3                   CFR 391.64(b) and include the                         George F. Treece (IL)
                                                  consecutive years of data, comparing the                following: (1) That each individual be                Jeff L. Wheeler (IA)


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                                                  48406                      Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices

                                                     In accordance with 49 U.S.C. 31136(e)                ADDRESSES:   You may submit comments                  Background
                                                  and 31315, each exemption will be valid                 bearing the Federal Docket Management                    Under 49 U.S.C. 31315 and 31136(e),
                                                  for 2 years unless revoked earlier by                   System (FDMS) Docket ID FMCSA–                        FMCSA may grant an exemption for up
                                                  FMCSA. The exemption will be revoked                    2015–0117 using any of the following                  to a 2-year period if it finds ‘‘such
                                                  if: (1) The person fails to comply with                 methods:                                              exemption would likely achieve a level
                                                  the terms and conditions of the                            • Federal eRulemaking Portal: Go to                of safety that is equivalent to or greater
                                                  exemption; (2) the exemption has                        www.regulations.gov. Follow the on-line               than the level that would be achieved
                                                  resulted in a lower level of safety than                instructions for submitting comments.                 absent such exemption.’’ The statutes
                                                  was maintained before it was granted; or                   • Mail: Docket Management Facility;                allow the Agency to renew exemptions
                                                  (3) continuation of the exemption would                 U.S. Department of Transportation, 1200               at the end of the 2-year period. The 12
                                                  not be consistent with the goals and                    New Jersey Avenue SE., West Building                  individuals listed in this notice have
                                                  objectives of 49 U.S.C. 31136 and 31315.                Ground Floor, Room W12–140,                           requested an exemption from the
                                                     If the exemption is still effective at the           Washington, DC 20590–0001.                            epilepsy prohibition in 49 CFR
                                                  end of the 2-year period, the person may                                                                      391.41(b)(8), which applies to drivers
                                                  apply to FMCSA for a renewal under                         • Hand Delivery or Courier: West
                                                                                                          Building Ground Floor, Room W12–140,                  who operate CMVs as defined in 49 CFR
                                                  procedures in effect at that time.                                                                            390.5, in interstate commerce. Section
                                                                                                          1200 New Jersey Avenue SE.,
                                                    Issued on: August 6, 2015.                            Washington, DC, between 9 a.m. and 5                  391.41(b)(8) states that a person is
                                                  Larry W. Minor,                                         p.m., Monday through Friday, except                   physically qualified to drive a CMV if
                                                  Associate Administrator for Policy.                     Federal holidays.                                     that person has no established medical
                                                                                                                                                                history or clinical diagnosis of epilepsy
                                                  [FR Doc. 2015–19790 Filed 8–11–15; 8:45 am]                • Fax: 1–202–493–2251.
                                                  BILLING CODE 4910–EX–P
                                                                                                                                                                or any other condition which is likely
                                                                                                             Each submission must include the                   to cause the loss of consciousness or any
                                                                                                          Agency name and the docket ID for this                loss of ability to control a CMV.
                                                                                                          Notice. Note that DOT posts all                          FMCSA provides medical advisory
                                                  DEPARTMENT OF TRANSPORTATION                            comments received without change to                   criteria for use by medical examiners in
                                                  Federal Motor Carrier Safety                            www.regulations.gov, including any                    determining whether drivers with
                                                  Administration                                          personal information included in a                    certain medical conditions should be
                                                                                                          comment. Please see the Privacy Act                   certified to operate CMVs in intrastate
                                                                                                          heading below.                                        commerce. The advisory criteria
                                                  [Docket No. FMCSA–2015–0117]
                                                                                                             Docket: For access to the docket to                indicate that if an individual has had a
                                                  Qualification of Drivers; Exemption                     read background documents or                          sudden episode of a non-epileptic
                                                  Applications; Epilepsy and Seizure                      comments, go to www.regulations.gov,                  seizure or loss of consciousness of
                                                  Disorders                                               at any time or Room W12–140 on the                    unknown cause that did not require
                                                                                                          ground level of the West Building, 1200               anti-seizure medication, the decision
                                                  AGENCY: Federal Motor Carrier Safety                    New Jersey Avenue SE., Washington,                    whether that person’s condition is likely
                                                  Administration (FMCSA), DOT.                            DC, between 9 a.m. and 5 p.m., Monday                 to cause the loss of consciousness or
                                                  ACTION: Notice of applications for                      through Friday, except Federal holidays.              loss of ability to control a CMV should
                                                  exemptions; request for comments.                       The FDMS is available 24 hours each                   be made on an individual basis by the
                                                                                                          day, 365 days each year. If you want                  medical examiner in consultation with
                                                  SUMMARY:   FMCSA announces receipt of                   acknowledgment that we received your                  the treating physician. Before
                                                  applications from 12 individuals for an                 comments, please include a self-                      certification is considered, it is
                                                  exemption from the prohibition against                  addressed, stamped envelope or                        suggested that a 6-month waiting period
                                                  persons with a clinical diagnosis of                    postcard or print the acknowledgement                 elapse from the time of the episode.
                                                  epilepsy or any other condition that is                 page that appears after submitting                    Following the waiting period, it is
                                                  likely to cause a loss of consciousness                 comments on-line.                                     suggested that the individual have a
                                                  or any loss of ability to operate a                        Privacy Act: In accordance with 5                  complete neurological examination. If
                                                  commercial motor vehicle (CMV) in                       U.S.C. 553(c), DOT solicits comments                  the results of the examination are
                                                  interstate commerce. The regulation and                 from the public to better inform its                  negative and anti-seizure medication is
                                                  the associated advisory criteria                        rulemaking process. DOT posts these                   not required, then the driver may be
                                                  published in the Code of Federal                        comments, without edit, including any                 qualified.
                                                  Regulations as the ‘‘Instructions for                   personal information the commenter                       In those individual cases where a
                                                  Performing and Recording Physical                       provides, to www.regulations.gov, as                  driver had a seizure or an episode of
                                                  Examinations’’ have resulted in                         described in the system records notice                loss of consciousness that resulted from
                                                  numerous drivers being prohibited from                  (DOT/ALL–14 FDMS), which can be                       a known medical condition (e.g., drug
                                                  operating CMVs in interstate commerce                   reviewed at www.dot.gov/privacy.                      reaction, high temperature, acute
                                                  based on the fact that they have had one                                                                      infectious disease, dehydration, or acute
                                                  or more seizures and are taking anti-                   FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                metabolic disturbance), certification
                                                  seizure medication, rather than an                      Charles A. Horan, III, Director, Office of            should be deferred until the driver has
                                                  individual analysis of their                            Carrier, Driver and Vehicle Safety, (202)             recovered fully from that condition, has
                                                  circumstances by a qualified medical                    366–4001, or via email at                             no existing residual complications, and
                                                  examiner. If granted, the exemptions                    fmcsamedical@dot.gov, or by letter to
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                                                                                                                                                                is not taking anti-seizure medication.
                                                  would enable these individuals who                      FMCSA, Room W64–113, Department of                    Drivers who have a history of epilepsy/
                                                  have had one or more seizures and are                   Transportation, 1200 New Jersey                       seizures, off anti-seizure medication and
                                                  taking anti-seizure medication to                       Avenue SE., Washington, DC 20590–                     seizure-free for 10 years, may be
                                                  operate CMVs for up to 2 years in                       0001. Office hours are from 8:30 a.m. to              qualified to operate a CMV in interstate
                                                  interstate commerce.                                    5 p.m., Monday through Friday, except                 commerce. Interstate drivers with a
                                                  DATES: Comments must be received on
                                                                                                          Federal holidays.                                     history of a single unprovoked seizure
                                                  or before September 11, 2015.                           SUPPLEMENTARY INFORMATION:                            may be qualified to drive a CMV in


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Document Created: 2016-09-27 22:27:30
Document Modified: 2016-09-27 22:27:30
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 July 23, 2015. The exemptions expire on July 23, 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 48404 

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