80_FR_48564 80 FR 48409 - Qualification of Drivers; Exemption Applications; Vision

80 FR 48409 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

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

Page Range48409-48411
FR Document2015-19780

FMCSA announces its decision to exempt 26 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 48409-48411]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19780]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0048]


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 26 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 June 6, 2015. The exemptions expire 
on June 6, 2017.

FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director, 
Carrier, Driver and Vehicle Safety Standards,

[[Page 48410]]

(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 May 6, 2015, FMCSA published a notice of receipt of exemption 
applications from certain individuals, and requested comments from the 
public (80 FR 26139). That notice listed 26 applicants' case histories. 
The 26 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 26 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 26 
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 prosthetic eye, corneal scarring, complete loss of 
vision, amblyopia pseudophakia secondary to a cataract, glaucoma, and 
aniosometropic amblyopic correction, field of vision loss, scarring, 
esotropia, strabismic amblyopia, hyphema, strabismus, cataract, torn 
retina, macular scar, retinal scar, and retinal detachment. In most 
cases, their eye conditions were not recently developed. Eighteen 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 four to 30 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 26 drivers have been 
authorized to drive a CMV in intrastate commerce, even though their 
vision disqualified them from driving in interstate commerce. They have 
driven CMVs with their limited vision in careers ranging from three to 
40 years. In the past three years, no drivers were involved in crashes, 
and two 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 May 6, 2015 notice 
(80 FR 26139).

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.

[[Page 48411]]

    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 26 applicants, no drivers were involved in crashes, 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 26 applicants listed in the notice of May 6, 
2015 (80 FR 26139).
    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 26 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 26 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)):

R.J. Bauernfeind (NY)
Ralph H. Bushman (IL)
Stephen M. Cook (PA)
Roderick Croft (FL)
Jeffrey S. Daniel (VA)
Lawrence M. Davis (VT)
Bobby C. Floyd (TN)
Jayme L. Gilbert (NY)
Jesse M. Greene (TN)
David A. Hayes (GA)
George E. Holbrook (MA)
James T. Johnson, Jr. (KY)
Robert W. Kleve (IA)
Bruce E. Koehn (KS)
Corey S. Kuborn (IL)
Collin C. Longacre (PA)
Raymond W. Meier (WA)
Michael L. Penrod (IA)
Harry M. Pierson, Jr. (OR)
Daniel A. Pyle (PA)
David P. Ramos (CA)
Jimmy L. Stevens (SC)
David B. Stone (OK)
Dale G. Stringer (TX)
Carlyle D. Strong (NE)
Michael J. Tauriac, Jr. (LA)

    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: July 28, 2015.
Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2015-19780 Filed 8-11-15; 8:45 am]
 BILLING CODE 4910-EX-P



                                                                             Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices                                                 48409

                                                  Administration’s (OSHA) permissible                     equipment, ensuring an equivalent level               was granted; or (3) continuation of the
                                                  exposure limit of 50 ppm for an 8 hour                  of performance.                                       exemption would not be consistent with
                                                  TWA and the National Institute of                         As noted below, this temporary                      the goals and objectives of 49 U.S.C.
                                                  Occupational Safety and Health’s                        exemption is valid for a limited period               31136(e) and 31315(b).
                                                  (NIOSH) permissible exposure limit of                   of 2 years, and any party possessing                    Interested parties possessing
                                                  35 ppm for a 10 hour TWA. Under                         information that would demonstrate                    information that would demonstrate
                                                  ‘‘worst-case conditions,’’ Ford measured                that motor carriers using Ford Transit-               that motor carriers using Ford Transit-
                                                  the CO level to be 17 ppm for the Model                 based CMVS are not achieving the                      based CMVs are not achieving the
                                                  year 2015 Transit, well below the EPA,                  requisite statutory level of safety should            requisite statutory level of safety should
                                                  OSHA, and NIOSH limits.                                 immediately notify FMCSA. The                         immediately notify FMCSA. The
                                                     Additionally Ford stated that it has                 Agency will evaluate any such                         Agency will evaluate any such
                                                  internal requirements to establish the                  information and, if safety is being                   information and, if safety is being
                                                  appropriate clearance required between                  compromised or if the continuation of                 compromised or if the continuation of
                                                  a vehicle and the ground to meet a                      the exemption is not consistent with 49               the exemption is not consistent with 49
                                                  minimum level of on-road functionality.                 U.S.C. 31136(e) and 31315(b), will take               U.S.C. 31136(e) and 31315(b), will take
                                                  Ford has specific departure angle                       immediate steps to revoke the                         immediate steps to revoke the
                                                  requirements for their vehicle to reduce                exemption.                                            exemption.
                                                  tailpipe contact with the ground, curbs,                FMCSA Decision                                        Preemption
                                                  ramps, etc., during various driving
                                                                                                            The FMCSA has evaluated the Ford                       During the period the exemption is in
                                                  modes which may result in damage to
                                                                                                          exemption application. The Agency                     effect, no State shall enforce any law or
                                                  the exhaust system that may adversely                   believes that granting the temporary
                                                  affect the exhaust function.                                                                                  regulation that conflicts with or is
                                                                                                          exemption to allow the operation of                   inconsistent with this exemption with
                                                     FMCSA published a notice of the                      Model Year 2015 Ford Transit-based gas
                                                  application in the Federal Register on                                                                        respect to a person operating a vehicle
                                                                                                          bus models (of all gross vehicle weight               covered by the exemption.
                                                  April 17, 2015, and asked for public                    ratings), vans over 10,000 pounds gross
                                                  comment (80 FR 21294).                                  vehicle weight rating, and                              Issued on August 5, 2015.
                                                                                                          corresponding future Transit-based                    T.F. Scott Darling, III,
                                                  Comments
                                                                                                          models of the same design produced                    Chief Counsel.
                                                     The Agency received one comment,                     during the effective period of the                    [FR Doc. 2015–19801 Filed 8–11–15; 8:45 am]
                                                  from an anonymous commenter. The                        exemption will provide a level of safety              BILLING CODE 4910–EX–P
                                                  commenter expressed concern ‘‘that                      that is equivalent to, or greater than, the
                                                  over time after the vehicle is initially                level of safety achieved without the
                                                  manufactured, the exhaust system will                   exemption. Ford conducted                             DEPARTMENT OF TRANSPORTATION
                                                  be subject to wear and tear and as such                 performance-based testing that
                                                  may not perform to the same standard                    demonstrates that the design of the                   Federal Motor Carrier Safety
                                                  that it did upon original manufacture.                  exhaust system for the Model Year 2015                Administration
                                                  Although Ford was able to demonstrate                   and later Fort Transit CMVs (1) results               [Docket No. FMCSA–2015–0048]
                                                  that the system was able to detect                      in CO exposure limits that are well
                                                  potentially dangerous situations with                   below EPA, OSHA, and NIOSH                            Qualification of Drivers; Exemption
                                                  the exhaust at the time of manufacture,                 established thresholds, and (2) will                  Applications; Vision
                                                  we will truly have no understanding of                  maintain a level of safety that is
                                                  how that system will perform 10 or 15                   equivalent to the level of safety                     AGENCY: Federal Motor Carrier Safety
                                                  years later.’’                                          achieved without the exemption.                       Administration (FMCSA), DOT.
                                                                                                                                                                ACTION: Notice of final disposition.
                                                  FMCSA Response                                          Terms and Conditions for the
                                                     FMCSA acknowledges the                               Exemption                                             SUMMARY:    FMCSA announces its
                                                  commenter’s concern that exhaust                           The Agency hereby grants the                       decision to exempt 26 individuals from
                                                  systems, like other vehicle components                  exemption for a 2-year period,                        the vision requirement in the Federal
                                                  and equipment, are subject to wear and                  beginning August 12, 2015 and ending                  Motor Carrier Safety Regulations
                                                  tear as vehicles age. However, 49 CFR                   August 14, 2017. During the temporary                 (FMCSRs). They are unable to meet the
                                                  part 396 requires a motor carrier to                    exemption period, motor carriers will be              vision requirement in one eye for
                                                  systematically inspect, repair, and                     allowed to operate Model Year 2015                    various reasons. The exemptions will
                                                  maintain all motor vehicles subject to its              Ford Transit-based gas bus models (of                 enable these individuals to operate
                                                  control (§ 396.3(a)), and ensure that all               all gross vehicle weight ratings), vans               commercial motor vehicles (CMVs) in
                                                  parts and accessories are in safe and                   over 10,000 pounds gross vehicle weight               interstate commerce without meeting
                                                  proper operating condition at all times                 rating, and corresponding future                      the prescribed vision requirement in
                                                  (§ 396.3(a)(1)). Further, § 396.17 requires             Transit-based models of the same design               one eye. The Agency has concluded that
                                                  every CMV to be inspected at least once                 produced during the effective period of               granting these exemptions will provide
                                                  every 12 months in accordance with the                  the exemption that do not meet the                    a level of safety that is equivalent to or
                                                  provisions of Appendix G to Subchapter                  exhaust system location requirements.                 greater than the level of safety
                                                                                                                                                                maintained without the exemptions for
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  B of Chapter III of the FMCSRs,                         The exemption will be valid for 2 years
                                                  ‘‘Minimum Periodic Inspection                           unless rescinded earlier by FMCSA. The                these CMV drivers.
                                                  Standards,’’ which includes a review of                 exemption will be rescinded if: (1)                   DATES: The exemptions were granted
                                                  the vehicle’s exhaust system. Finally,                  Motor carriers and/or commercial motor                June 6, 2015. The exemptions expire on
                                                  FMCSA expects that, as these exhaust                    vehicles fail to comply with the terms                June 6, 2017.
                                                  systems wear out, vehicle owners will                   and conditions of the exemption; (2) the              FOR FURTHER INFORMATION CONTACT:
                                                  replace them with exhaust systems                       exemption has resulted in a lower level               Charles A. Horan, III, Director, Carrier,
                                                  identical or equivalent to the original                 of safety than was maintained before it               Driver and Vehicle Safety Standards,


                                             VerDate Sep<11>2014   18:16 Aug 11, 2015   Jkt 235001   PO 00000   Frm 00123   Fmt 4703   Sfmt 4703   E:\FR\FM\12AUN1.SGM   12AUN1


                                                  48410                      Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices

                                                  (202) 366–4001, fmcsamedical@dot.gov,                   least 20/40 (Snellen) in each eye                     involved in crashes, and two were
                                                  FMCSA, Department of Transportation,                    without corrective lenses or visual                   convicted of moving violations in a
                                                  1200 New Jersey Avenue SE., Room                        acuity separately corrected to 20/40                  CMV.
                                                  W64–224, Washington, DC 20590–0001.                     (Snellen) or better with corrective                     The qualifications, experience, and
                                                  Office hours are from 8:30 a.m. to 5                    lenses, distant binocular acuity of a least           medical condition of each applicant
                                                  p.m., Monday through Friday, except                     20/40 (Snellen) in both eyes with or                  were stated and discussed in detail in
                                                  Federal holidays. If you have questions                 without corrective lenses, field of vision            the May 6, 2015 notice (80 FR 26139).
                                                  on viewing or submitting material to the                of at least 70° in the horizontal meridian
                                                  docket, contact Docket Services,                        in each eye, and the ability to recognize             IV. Basis for Exemption Determination
                                                  telephone (202) 366–9826.                               the colors of traffic signals and devices                Under 49 U.S.C. 31136(e) and 31315,
                                                  SUPPLEMENTARY INFORMATION:                              showing red, green, and amber (49 CFR                 FMCSA may grant an exemption from
                                                                                                          391.41(b)(10)).                                       the vision requirement in 49 CFR
                                                  I. Electronic Access                                       FMCSA recognizes that some drivers                 391.41(b)(10) if the exemption is likely
                                                     You may see all the comments online                  do not meet the vision requirement but                to achieve an equivalent or greater level
                                                  through the Federal Document                            have adapted their driving to                         of safety than would be achieved
                                                  Management System (FDMS) at http://                     accommodate their vision limitation                   without the exemption. Without the
                                                  www.regulations.gov.                                    and demonstrated their ability to drive               exemption, applicants will continue to
                                                     Docket: For access to the docket to                  safely. The 26 exemption applicants                   be restricted to intrastate driving. With
                                                  read background documents or                            listed in this notice are in this category.           the exemption, applicants can drive in
                                                  comments, go to http://                                 They are unable to meet the vision                    interstate commerce. Thus, our analysis
                                                  www.regulations.gov and/or Room                         requirement in one eye for various                    focuses on whether an equal or greater
                                                  W12–140 on the ground level of the                      reasons, including prosthetic eye,                    level of safety is likely to be achieved by
                                                  West Building, 1200 New Jersey Avenue                   corneal scarring, complete loss of                    permitting each of these drivers to drive
                                                  SE., Washington, DC, between 9 a.m.                     vision, amblyopia pseudophakia                        in interstate commerce as opposed to
                                                  and 5 p.m., Monday through Friday,                      secondary to a cataract, glaucoma, and                restricting him or her to driving in
                                                  except Federal holidays.                                aniosometropic amblyopic correction,                  intrastate commerce.
                                                     Privacy Act: In accordance with 5                    field of vision loss, scarring, esotropia,               To evaluate the effect of these
                                                  U.S.C. 553(c), DOT solicits comments                    strabismic amblyopia, hyphema,                        exemptions on safety, FMCSA
                                                  from the public to better inform its                    strabismus, cataract, torn retina,                    considered the medical reports about
                                                  rulemaking process. DOT posts these                     macular scar, retinal scar, and retinal               the applicants’ vision as well as their
                                                  comments, without edit, including any                   detachment. In most cases, their eye                  driving records and experience with the
                                                  personal information the commenter                      conditions were not recently developed.
                                                                                                                                                                vision deficiency.
                                                  provides, to www.regulations.gov, as                    Eighteen of the applicants were either
                                                                                                                                                                   To qualify for an exemption from the
                                                  described in the system of records                      born with their vision impairments or
                                                                                                                                                                vision requirement, FMCSA requires a
                                                  notice (DOT/ALL–14 FDMS), which can                     have had them since childhood.
                                                                                                             The eight individuals that sustained               person to present verifiable evidence
                                                  be reviewed at www.dot.gov/privacy.                                                                           that he/she has driven a commercial
                                                                                                          their vision conditions as adults have
                                                  II. Background                                          had it for a range of four to 30 years.               vehicle safely with the vision deficiency
                                                     On May 6, 2015, FMCSA published a                       Although each applicant has one eye                for the past 3 years. Recent driving
                                                  notice of receipt of exemption                          which does not meet the vision                        performance is especially important in
                                                  applications from certain individuals,                  requirement in 49 CFR 391.41(b)(10),                  evaluating future safety, according to
                                                  and requested comments from the                         each has at least 20/40 corrected vision              several research studies designed to
                                                  public (80 FR 26139). That notice listed                in the other eye, and in a doctor’s                   correlate past and future driving
                                                  26 applicants’ case histories. The 26                   opinion, has sufficient vision to perform             performance. Results of these studies
                                                  individuals applied for exemptions from                 all the tasks necessary to operate a CMV.             support the principle that the best
                                                  the vision requirement in 49 CFR                        Doctors’ opinions are supported by the                predictor of future performance by a
                                                  391.41(b)(10), for drivers who operate                  applicants’ possession of valid                       driver is his/her past record of crashes
                                                  CMVs in interstate commerce.                            commercial driver’s licenses (CDLs) or                and traffic violations. Copies of the
                                                     Under 49 U.S.C. 31136(e) and 31315,                  non-CDLs to operate CMVs. Before                      studies may be found at Docket Number
                                                  FMCSA may grant an exemption for a 2-                   issuing CDLs, States subject drivers to               FMCSA–1998–3637.
                                                  year period if it finds ‘‘such exemption                knowledge and skills tests designed to                   FMCSA believes it can properly apply
                                                  would likely achieve a level of safety                  evaluate their qualifications to operate a            the principle to monocular drivers,
                                                  that is equivalent to or greater than the               CMV.                                                  because data from the Federal Highway
                                                  level that would be achieved absent                        All of these applicants satisfied the              Administration’s (FHWA) former waiver
                                                  such exemption.’’ The statute also                      testing requirements for their State of               study program clearly demonstrate the
                                                  allows the Agency to renew exemptions                   residence. By meeting State licensing                 driving performance of experienced
                                                  at the end of the 2-year period.                        requirements, the applicants                          monocular drivers in the program is
                                                  Accordingly, FMCSA has evaluated the                    demonstrated their ability to operate a               better than that of all CMV drivers
                                                  26 applications on their merits and                     CMV, with their limited vision, to the                collectively (See 61 FR 13338, 13345,
                                                  made a determination to grant                           satisfaction of the State.                            March 26, 1996). The fact that
                                                  exemptions to each of them.                                While possessing a valid CDL or non-               experienced monocular drivers
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                          CDL, these 26 drivers have been                       demonstrated safe driving records in the
                                                  III. Vision and Driving Experience of                   authorized to drive a CMV in intrastate               waiver program supports a conclusion
                                                  the Applicants                                          commerce, even though their vision                    that other monocular drivers, meeting
                                                     The vision requirement in the                        disqualified them from driving in                     the same qualifying conditions as those
                                                  FMCSRs provides:                                        interstate commerce. They have driven                 required by the waiver program, are also
                                                     A person is physically qualified to                  CMVs with their limited vision in                     likely to have adapted to their vision
                                                  drive a commercial motor vehicle if that                careers ranging from three to 40 years.               deficiency and will continue to operate
                                                  person has distant visual acuity of at                  In the past three years, no drivers were              safely.


                                             VerDate Sep<11>2014   18:16 Aug 11, 2015   Jkt 235001   PO 00000   Frm 00124   Fmt 4703   Sfmt 4703   E:\FR\FM\12AUN1.SGM   12AUN1


                                                                             Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices                                                 48411

                                                     The first major research correlating                 veteran drivers in this proceeding have               Stephen M. Cook (PA)
                                                  past and future performance was done                    operated CMVs safely under those                      Roderick Croft (FL)
                                                  in England by Greenwood and Yule in                     conditions for at least 3 years, most for             Jeffrey S. Daniel (VA)
                                                  1920. Subsequent studies, building on                   much longer. Their experience and                     Lawrence M. Davis (VT)
                                                  that model, concluded that crash rates                  driving records lead us to believe that               Bobby C. Floyd (TN)
                                                  for the same individual exposed to                      each applicant is capable of operating in             Jayme L. Gilbert (NY)
                                                  certain risks for two different time                    interstate commerce as safely as he/she               Jesse M. Greene (TN)
                                                  periods vary only slightly (See Bates                   has been performing in intrastate                     David A. Hayes (GA)
                                                  and Neyman, University of California                    commerce. Consequently, FMCSA finds                   George E. Holbrook (MA)
                                                  Publications in Statistics, April 1952).                that exempting these applicants from                  James T. Johnson, Jr. (KY)
                                                  Other studies demonstrated theories of                  the vision requirement in 49 CFR                      Robert W. Kleve (IA)
                                                  predicting crash proneness from crash                   391.41(b)(10) is likely to achieve a level            Bruce E. Koehn (KS)
                                                  history coupled with other factors.                     of safety equal to that existing without              Corey S. Kuborn (IL)
                                                  These factors—such as age, sex,                         the exemption. For this reason, the                   Collin C. Longacre (PA)
                                                  geographic location, mileage driven and                 Agency is granting the exemptions for                 Raymond W. Meier (WA)
                                                  conviction history—are used every day                   the 2-year period allowed by 49 U.S.C.                Michael L. Penrod (IA)
                                                  by insurance companies and motor                        31136(e) and 31315 to the 26 applicants               Harry M. Pierson, Jr. (OR)
                                                  vehicle bureaus to predict the                          listed in the notice of May 6, 2015 (80               Daniel A. Pyle (PA)
                                                  probability of an individual                            FR 26139).                                            David P. Ramos (CA)
                                                  experiencing future crashes (See Weber,                    We recognize that the vision of an                 Jimmy L. Stevens (SC)
                                                  Donald C., ‘‘Accident Rate Potential: An                applicant may change and affect his/her               David B. Stone (OK)
                                                  Application of Multiple Regression                      ability to operate a CMV as safely as in              Dale G. Stringer (TX)
                                                  Analysis of a Poisson Process,’’ Journal                the past. As a condition of the                       Carlyle D. Strong (NE)
                                                  of American Statistical Association,                    exemption, therefore, FMCSA will                      Michael J. Tauriac, Jr. (LA)
                                                  June 1971). A 1964 California Driver                    impose requirements on the 26
                                                                                                                                                                   In accordance with 49 U.S.C. 31136(e)
                                                  Record Study prepared by the California                 individuals consistent with the
                                                                                                                                                                and 31315, each exemption will be valid
                                                  Department of Motor Vehicles                            grandfathering provisions applied to
                                                                                                                                                                for 2 years unless revoked earlier by
                                                  concluded that the best overall crash                   drivers who participated in the
                                                                                                                                                                FMCSA. The exemption will be revoked
                                                  predictor for both concurrent and                       Agency’s vision waiver program.
                                                                                                             Those requirements are found at 49                 if: (1) The person fails to comply with
                                                  nonconcurrent events is the number of
                                                                                                          CFR 391.64(b) and include the                         the terms and conditions of the
                                                  single convictions. This study used 3
                                                                                                          following: (1) That each individual be                exemption; (2) the exemption has
                                                  consecutive years of data, comparing the
                                                                                                          physically examined every year (a) by                 resulted in a lower level of safety than
                                                  experiences of drivers in the first 2 years
                                                                                                          an ophthalmologist or optometrist who                 was maintained before it was granted; or
                                                  with their experiences in the final year.
                                                     Applying principles from these                       attests that the vision in the better eye             (3) continuation of the exemption would
                                                  studies to the past 3-year record of the                continues to meet the requirement in 49               not be consistent with the goals and
                                                  26 applicants, no drivers were involved                 CFR 391.41(b)(10) and (b) by a medical                objectives of 49 U.S.C. 31136 and 31315.
                                                  in crashes, and two were convicted of                   examiner who attests that the individual                 If the exemption is still effective at the
                                                  moving violations in a CMV. All the                     is otherwise physically qualified under               end of the 2-year period, the person may
                                                  applicants achieved a record of safety                  49 CFR 391.41; (2) that each individual               apply to FMCSA for a renewal under
                                                  while driving with their vision                         provide a copy of the ophthalmologist’s               procedures in effect at that time.
                                                  impairment, demonstrating the                           or optometrist’s report to the medical                  Issued on: July 28, 2015.
                                                  likelihood that they have adapted their                 examiner at the time of the annual                    Larry W. Minor,
                                                  driving skills to accommodate their                     medical examination; and (3) that each                Associate Administrator for Policy.
                                                  condition. As the applicants’ ample                     individual provide a copy of the annual               [FR Doc. 2015–19780 Filed 8–11–15; 8:45 am]
                                                  driving histories with their vision                     medical certification to the employer for             BILLING CODE 4910–EX–P
                                                  deficiencies are good predictors of                     retention in the driver’s qualification
                                                  future performance, FMCSA concludes                     file, or keep a copy in his/her driver’s
                                                  their ability to drive safely can be                    qualification file if he/she is self-                 DEPARTMENT OF TRANSPORTATION
                                                  projected into the future.                              employed. The driver must have a copy
                                                     We believe that the applicants’                      of the certification when driving, for                Federal Motor Carrier Safety
                                                  intrastate driving experience and history               presentation to a duly authorized                     Administration
                                                  provide an adequate basis for predicting                Federal, State, or local enforcement
                                                  their ability to drive safely in interstate                                                                   [Docket No. FMCSA–2006–25246; FMCSA–
                                                                                                          official.                                             2013–0028; FMCSA–2013–0029; FMCSA–
                                                  commerce. Intrastate driving, like
                                                                                                          V. Discussion of Comments                             2013–0030]
                                                  interstate operations, involves
                                                  substantial driving on highways on the                    FMCSA received no comments in this                  Qualification of Drivers; Exemption
                                                  interstate system and on other roads                    proceeding.                                           Applications; Vision
                                                  built to interstate standards. Moreover,
                                                  driving in congested urban areas                        IV. Conclusion                                        AGENCY: Federal Motor Carrier Safety
                                                  exposes the driver to more pedestrian                     Based upon its evaluation of the 26                 Administration (FMCSA), DOT.
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  and vehicular traffic than exists on                    exemption applications, FMCSA                         ACTION: Notice of renewal of
                                                  interstate highways. Faster reaction to                 exempts the following drivers from the                exemptions; request for comments.
                                                  traffic and traffic signals is generally                vision requirement in 49 CFR
                                                  required because distances between                      391.41(b)(10), subject to the                         SUMMARY:   FMCSA announces its
                                                  them are more compact. These                            requirements cited above (49 CFR                      decision to renew the exemptions from
                                                  conditions tax visual capacity and                      391.64(b)):                                           the vision requirement in the Federal
                                                  driver response just as intensely as                    R.J. Bauernfeind (NY)                                 Motor Carrier Safety Regulations for 20
                                                  interstate driving conditions. The                      Ralph H. Bushman (IL)                                 individuals. FMCSA has statutory


                                             VerDate Sep<11>2014   18:16 Aug 11, 2015   Jkt 235001   PO 00000   Frm 00125   Fmt 4703   Sfmt 4703   E:\FR\FM\12AUN1.SGM   12AUN1



Document Created: 2016-09-27 22:26:33
Document Modified: 2016-09-27 22:26:33
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 June 6, 2015. The exemptions expire on June 6, 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 48409 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR