80 FR 48411 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

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

Page Range		48411-48413
FR Document		2015-19781

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 20 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemption renewals will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.

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

[Federal Register Volume 80, Number 155 (Wednesday, August 12, 2015)]
[Notices]
[Pages 48411-48413]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19781]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-25246; FMCSA-2013-0028; FMCSA-2013-0029; FMCSA-
2013-0030]


Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemptions; request for comments.

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

SUMMARY: FMCSA announces its decision to renew the exemptions from the 
vision requirement in the Federal Motor Carrier Safety Regulations for 
20 individuals. FMCSA has statutory

[[Page 48412]]

authority to exempt individuals from the vision requirement if the 
exemptions granted will not compromise safety. The Agency has concluded 
that granting these exemption renewals will provide a level of safety 
that is equivalent to or greater than the level of safety maintained 
without the exemptions for these commercial motor vehicle (CMV) 
drivers.

DATES: This decision is effective September 16, 2015. Comments must be 
received on or before September 11, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-2006-
25246; FMCSA-2013-0028; FMCSA-2013-0029; FMCSA-2013-0030], using any of 
the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 
5 p.m., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket number for this notice. Note that DOT posts all comments 
received without change to http://www.regulations.gov, including any 
personal information included in a comment. Please see the Privacy Act 
heading below.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time 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. The Federal Docket Management System (FDMS) is 
available 24 hours each day, 365 days each year. If you want 
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement 
page that appears after submitting comments on-line.
    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.

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.

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption 
from the vision requirements in 49 CFR 391.41(b)(10), which applies to 
drivers of CMVs in interstate commerce, for a two-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 procedures for requesting an exemption (including 
renewals) are set out in 49 CFR part 381.

II. Exemption Decision

    This notice addresses 20 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. FMCSA has 
evaluated these 20 applications for renewal on their merits and decided 
to extend each exemption for a renewable two-year period. They are:

Carl Block (NY)
Christopher Brim (TN)
John Camp (GA)
Ralph Carr (PA)
Aubrey R. Cordrey, Jr. (DE)
Phyllis Dodson (IN)
Phillip Ergovich (MO)
Juan M. Guerrero (TX)
Luc G. Guimond (WA)
Berl C. Jennings (VA)
Udum Khamsoksavath (WA)
Michael Lancette (WI)
Vincent Marsee, Sr. (NC)
Charles Moen (MI)
Jerome Paintner (ND)
Timmy J. Pottebaum (IA)
Jeffrey Sanders (NC)
David Snellings (MD)
Edward Spakousky (OR)
Adam Zappetta (WI)

    The exemptions are extended subject to the following conditions: 
(1) That each individual has a physical examination every year (a) by 
an ophthalmologist or optometrist who attests that the vision in the 
better eye continues to meet the requirements 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 provides 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 and retains a copy of the certification on his/her 
person while driving for presentation to a duly authorized Federal, 
State, or local enforcement official. Each exemption will be valid for 
two years unless rescinded earlier by FMCSA. The exemption will be 
rescinded 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(e) and 31315.

III. Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no 
longer than two years from its approval date and may be renewed upon 
application for additional two year periods. In accordance with 49 
U.S.C. 31136(e) and 31315, each of the 20 applicants has satisfied the 
entry conditions for obtaining an exemption from the vision 
requirements (72 FR 180; 72 FR 9397; 74 FR 6211; 76 FR 25762; 78 FR 
27281; 78 FR 34143; 78 FR 41188; 78 FR 41975; 78 FR 52602; 78 FR 56986; 
78 FR 78477). Each of these 20 applicants has requested renewal of the 
exemption and has submitted evidence showing that the vision in the 
better eye continues to meet the requirement specified at 49 CFR 
391.41(b)(10) and that the vision impairment is stable. In addition, a 
review of each record of safety while driving with the respective 
vision deficiencies over the past two years indicates each applicant 
continues to meet the vision exemption requirements. These factors 
provide an adequate basis for predicting each driver's ability to 
continue to drive safely in interstate commerce. Therefore, FMCSA 
concludes that extending the exemption for each renewal applicant for a 
period of two years is likely to achieve a level of safety equal to 
that existing without the exemption.

[[Page 48413]]

IV. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2006-25246; FMCSA-2013-0028; FMCSA-2013-0029; FMCSA-2013-
0030), indicate the specific section of this document to which each 
comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online or by 
fax, mail, or hand delivery, but please use only one of these means. 
FMCSA recommends that you include your name and a mailing address, an 
email address, or a phone number in the body of your document so the 
Agency can contact you if it has questions regarding your submission.
    To submit your comment online, got to http://www.regulations.gov 
and put the docket number, ``FMCSA-2006-25246; FMCSA-2013-0028; FMCSA-
2013-0029; FMCSA-2013-0030'' in the ``Keyword'' box, and click 
``Search.'' When the new screen appears, click on ``Comment Now!'' 
button and type your comment into the text box in the following screen. 
Choose whether you are submitting your comment as an individual or on 
behalf of a third party and then submit. If you submit your comments by 
mail or hand delivery, submit them in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying and electronic filing. If you 
submit comments by mail and would like to know that they reached the 
facility, please enclose a stamped, self-addressed postcard or 
envelope. FMCSA will consider all comments and material received during 
the comment period and may change this notice based on your comments.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble as being available in the docket, go to http://www.regulations.gov and in the search box insert the docket number, 
``FMCSA-2006-25246; FMCSA-2013-0028; FMCSA-2013-0029; FMCSA-2013-0030'' 
in the ``Keyword'' box and click ``Search.'' Next, click ``Open Docket 
Folder'' button choose the document listed to review. If you do not 
have access to the Internet, you may view the docket online by visiting 
the Docket Management Facility in Room W12-140 on the ground floor of 
the DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 
20590, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except 
Federal holidays.

    Issued on: August 6, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-19781 Filed 8-11-15; 8:45 am]
 BILLING CODE 4910-EX-P

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

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48412 Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices

authority to exempt individuals from rulemaking process. DOT posts these attests that the vision in the better eye
the vision requirement if the comments, without edit, including any continues to meet the requirements in
exemptions granted will not personal information the commenter 49 CFR 391.41(b)(10), and (b) by a
compromise safety. The Agency has provides, to www.regulations.gov, as medical examiner who attests that the
concluded that granting these described in the system of records individual is otherwise physically
exemption renewals will provide a level notice (DOT/ALL–14 FDMS), which can qualified under 49 CFR 391.41; (2) that
of safety that is equivalent to or greater be reviewed at www.dot.gov/privacy. each individual provides a copy of the
than the level of safety maintained FOR FURTHER INFORMATION CONTACT: ophthalmologist’s or optometrist’s
without the exemptions for these Charles A. Horan, III, Director, Carrier, report to the medical examiner at the
commercial motor vehicle (CMV) Driver and Vehicle Safety Standards, time of the annual medical examination;
drivers. 202–366–4001, fmcsamedical@dot.gov, and (3) that each individual provide a
DATES: This decision is effective FMCSA, Department of Transportation, copy of the annual medical certification
September 16, 2015. Comments must be 1200 New Jersey Avenue SE., Room to the employer for retention in the
received on or before September 11, W64–224, Washington, DC 20590–0001. driver’s qualification file and retains a
2015. Office hours are from 8:30 a.m. to 5 p.m. copy of the certification on his/her
Monday through Friday, except Federal person while driving for presentation to
ADDRESSES: You may submit comments
holidays. a duly authorized Federal, State, or local
bearing the Federal Docket Management
System (FDMS) numbers: Docket No. SUPPLEMENTARY INFORMATION: enforcement official. Each exemption
[Docket No. FMCSA–2006–25246; I. Background will be valid for two years unless
FMCSA–2013–0028; FMCSA–2013– rescinded earlier by FMCSA. The
0029; FMCSA–2013–0030], using any of Under 49 U.S.C. 31136(e) and 31315, exemption will be rescinded if: (1) The
the following methods: FMCSA may renew an exemption from person fails to comply with the terms
• Federal eRulemaking Portal: Go to the vision requirements in 49 CFR
and conditions of the exemption; (2) the
http://www.regulations.gov. Follow the 391.41(b)(10), which applies to drivers
exemption has resulted in a lower level
on-line instructions for submitting of CMVs in interstate commerce, for a
of safety than was maintained before it
comments. two-year period if it finds ‘‘such
was granted; or (3) continuation of the
• Mail: Docket Management Facility; exemption would likely achieve a level
of safety that is equivalent to or greater exemption would not be consistent with
U.S. Department of Transportation, 1200 the goals and objectives of 49 U.S.C.
New Jersey Avenue SE., West Building than the level that would be achieved
absent such exemption.’’ The 31136(e) and 31315.
Ground Floor, Room W12–140,
Washington, DC 20590–0001. procedures for requesting an exemption III. Basis for Renewing Exemptions
• Hand Delivery or Courier: West (including renewals) are set out in 49
Building Ground Floor, Room W12–140, CFR part 381. Under 49 U.S.C. 31315(b)(1), an
1200 New Jersey Avenue SE., exemption may be granted for no longer
II. Exemption Decision
Washington, DC, between 9 a.m. and 5 than two years from its approval date
p.m., Monday through Friday, except This notice addresses 20 individuals and may be renewed upon application
Federal Holidays. who have requested renewal of their for additional two year periods. In
• Fax: 1–202–493–2251. exemptions in accordance with FMCSA accordance with 49 U.S.C. 31136(e) and
Instructions: Each submission must procedures. FMCSA has evaluated these 31315, each of the 20 applicants has
include the Agency name and the 20 applications for renewal on their satisfied the entry conditions for
docket number for this notice. Note that merits and decided to extend each obtaining an exemption from the vision
DOT posts all comments received exemption for a renewable two-year requirements (72 FR 180; 72 FR 9397; 74
without change to http:// period. They are: FR 6211; 76 FR 25762; 78 FR 27281; 78
www.regulations.gov, including any Carl Block (NY) FR 34143; 78 FR 41188; 78 FR 41975;
personal information included in a Christopher Brim (TN) 78 FR 52602; 78 FR 56986; 78 FR
comment. Please see the Privacy Act John Camp (GA) 78477). Each of these 20 applicants has
heading below. Ralph Carr (PA) requested renewal of the exemption and
Docket: For access to the docket to Aubrey R. Cordrey, Jr. (DE) has submitted evidence showing that
read background documents or Phyllis Dodson (IN) the vision in the better eye continues to
comments, go to http:// Phillip Ergovich (MO)
meet the requirement specified at 49
www.regulations.gov at any time or Juan M. Guerrero (TX)
Luc G. Guimond (WA) CFR 391.41(b)(10) and that the vision
Room W12–140 on the ground level of
Berl C. Jennings (VA) impairment is stable. In addition, a
the West Building, 1200 New Jersey
Udum Khamsoksavath (WA) review of each record of safety while
Avenue SE., Washington, DC, between 9
Michael Lancette (WI) driving with the respective vision
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The Vincent Marsee, Sr. (NC) deficiencies over the past two years
Federal Docket Management System Charles Moen (MI) indicates each applicant continues to
(FDMS) is available 24 hours each day, Jerome Paintner (ND) meet the vision exemption
365 days each year. If you want Timmy J. Pottebaum (IA) requirements. These factors provide an
acknowledgment that we received your Jeffrey Sanders (NC) adequate basis for predicting each
David Snellings (MD) driver’s ability to continue to drive
mstockstill on DSK4VPTVN1PROD with NOTICES

comments, please include a self-
addressed, stamped envelope or Edward Spakousky (OR) safely in interstate commerce.
postcard or print the acknowledgement Adam Zappetta (WI) Therefore, FMCSA concludes that
page that appears after submitting The exemptions are extended subject extending the exemption for each
comments on-line. to the following conditions: (1) That renewal applicant for a period of two
Privacy Act: In accordance with 5 each individual has a physical years is likely to achieve a level of safety
U.S.C. 553(c), DOT solicits comments examination every year (a) by an equal to that existing without the
from the public to better inform its ophthalmologist or optometrist who exemption.

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Document Created: 2016-09-27 22:27:15
Document Modified: 2016-09-27 22:27:15

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of renewal of exemptions; request for comments.
Dates		This decision is effective September 16, 2015. Comments must be received on or before September 11, 2015.
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.
FR Citation		80 FR 48411

80 FR 48411 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

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

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration