80_FR_48568 80 FR 48413 - Qualification of Drivers; Exemption Applications; Vision

80 FR 48413 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

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

Page Range48413-48415
FR Document2015-19782

FMCSA announces its decision to exempt 23 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 48413-48415]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19782]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0049]


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 23 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 7, 2015. The exemptions expire 
on July 7, 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 June 3, 2015, FMCSA published a notice of receipt of exemption 
applications from certain individuals, and requested comments from the 
public (80 FR 31636). That notice listed 23 applicants' case histories. 
The 23 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 23 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 23 
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,

[[Page 48414]]

amblyopia strabismus, retinal detachment, enucleation, retinal scar, 
prosthetic eye, angle closure, aphakia, corneal scarring, and complete 
loss of vision. In most cases, their eye conditions were not recently 
developed. Seventeen of the applicants were either born with their 
vision impairments or have had them since childhood.
    The six individuals that sustained their vision conditions as 
adults have had it for a range of two to 25 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 23 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 two to 53 
years. In the past three years, no drivers were involved in crashes, 
and no 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 3, 2015 
notice (80 FR 31636).

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the vision requirement in 49 CFR 391.41(b)(10) if the exemption is 
likely to achieve an equivalent or greater level of safety than would 
be achieved without the exemption. Without the exemption, applicants 
will continue to be restricted to intrastate driving. With the 
exemption, applicants can drive in interstate commerce. Thus, our 
analysis focuses on whether an equal or greater level of safety is 
likely to be achieved by permitting each of these drivers to drive in 
interstate commerce as opposed to restricting him or her to driving in 
intrastate commerce.
    To evaluate the effect of these exemptions on safety, FMCSA 
considered the medical reports about the applicants' vision as well as 
their driving records and experience with the vision deficiency.
    To qualify for an exemption from the vision requirement, FMCSA 
requires a person to present verifiable evidence that he/she has driven 
a commercial vehicle safely with the vision deficiency for the past 3 
years. Recent driving performance is especially important in evaluating 
future safety, according to several research studies designed to 
correlate past and future driving performance. Results of these studies 
support the principle that the best predictor of future performance by 
a driver is his/her past record of crashes and traffic violations. 
Copies of the studies may be found at Docket Number FMCSA-1998-3637.
    FMCSA believes it can properly apply the principle to monocular 
drivers, because data from the Federal Highway Administration's (FHWA) 
former waiver study program clearly demonstrate the driving performance 
of experienced monocular drivers in the program is better than that of 
all CMV drivers collectively (See 61 FR 13338, 13345, March 26, 1996). 
The fact that experienced monocular drivers demonstrated safe driving 
records in the waiver program supports a conclusion that other 
monocular drivers, meeting the same qualifying conditions as those 
required by the waiver program, are also likely to have adapted to 
their vision deficiency and will continue to operate safely.
    The first major research correlating past and future performance 
was done in England by Greenwood and Yule in 1920. Subsequent studies, 
building on that model, concluded that crash rates for the same 
individual exposed to certain risks for two different time periods vary 
only slightly (See Bates and Neyman, University of California 
Publications in Statistics, April 1952). Other studies demonstrated 
theories of predicting crash proneness from crash history coupled with 
other factors. These factors--such as age, sex, geographic location, 
mileage driven and conviction history--are used every day by insurance 
companies and motor vehicle bureaus to predict the probability of an 
individual experiencing future crashes (See Weber, Donald C., 
``Accident Rate Potential: An Application of Multiple Regression 
Analysis of a Poisson Process,'' Journal of American Statistical 
Association, June 1971). A 1964 California Driver Record Study prepared 
by the California Department of Motor Vehicles concluded that the best 
overall crash predictor for both concurrent and nonconcurrent events is 
the number of single convictions. This study used 3 consecutive years 
of data, comparing the experiences of drivers in the first 2 years with 
their experiences in the final year.
    Applying principles from these studies to the past 3-year record of 
the 23 applicants, no drivers were involved in crashes, and no 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 23 applicants listed in the notice of June 3, 
2015 (80 FR 31636).
    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 23 individuals consistent with the grandfathering provisions 
applied to

[[Page 48415]]

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 23 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)):

Michael J. Altobelli (CT)
Johnny A. Bingham (NC)
Robert A. Buckley (IN)
Allen E. Clark (NY)
Don A. Clymer (PA)
Bryan K. Dalton (NC)
Joseph B. Fry (KS)
David B. Ginther (PA)
Dominic F. Giordano (CT)
Thomas E. Groves (WV)
Jose J. Guzman-Olguin (IL)
Stephen T. Hines (NJ)
James J. Keranen (MI)
Wesley S. Kilpatrick (OK)
Herbert S. Lear (PA)
Christopher V. May (GA)
Nathan C. Nissen (IA)
Jeffery Reed (KY)
Gregory S. Richter, Sr. (PA)
David J. Rotenberger (ND)
George Tomecek, Jr. (PA)
Richard G. Vaughn (NC)
Paul C. Weiss (PA)

    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. 2015-19782 Filed 8-11-15; 8:45 am]
 BILLING CODE 4910-EX-P



                                                                             Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices                                            48413

                                                  IV. Public Participation and Request for                Avenue SE., Washington, DC 20590,                     West Building, 1200 New Jersey Avenue
                                                  Comments                                                between 9 a.m. and 5 p.m., e.t., Monday               SE., Washington, DC, between 9 a.m.
                                                    FMCSA encourages you to participate                   through Friday, except Federal holidays.              and 5 p.m., Monday through Friday,
                                                  by submitting comments and related                        Issued on: August 6, 2015.                          except Federal holidays.
                                                                                                                                                                   Privacy Act: In accordance with 5
                                                  materials.                                              Larry W. Minor,
                                                                                                                                                                U.S.C. 553(c), DOT solicits comments
                                                                                                          Associate Administrator for Policy.                   from the public to better inform its
                                                  Submitting Comments
                                                                                                          [FR Doc. 2015–19781 Filed 8–11–15; 8:45 am]           rulemaking process. DOT posts these
                                                     If you submit a comment, please                      BILLING CODE 4910–EX–P                                comments, without edit, including any
                                                  include the docket number for this
                                                                                                                                                                personal information the commenter
                                                  notice (FMCSA–2006–25246; FMCSA–
                                                                                                                                                                provides, to www.regulations.gov, as
                                                  2013–0028; FMCSA–2013–0029;                             DEPARTMENT OF TRANSPORTATION                          described in the system of records
                                                  FMCSA–2013–0030), indicate the
                                                                                                                                                                notice (DOT/ALL–14 FDMS), which can
                                                  specific section of this document to                    Federal Motor Carrier Safety
                                                                                                                                                                be reviewed at www.dot.gov/privacy.
                                                  which each comment applies, and                         Administration
                                                  provide a reason for each suggestion or                                                                       II. Background
                                                                                                          [Docket No. FMCSA–2015–0049]
                                                  recommendation. You may submit your                                                                              On June 3, 2015, FMCSA published a
                                                  comments and material online or by fax,                 Qualification of Drivers; Exemption                   notice of receipt of exemption
                                                  mail, or hand delivery, but please use                  Applications; Vision                                  applications from certain individuals,
                                                  only one of these means. FMCSA                                                                                and requested comments from the
                                                  recommends that you include your                        AGENCY: Federal Motor Carrier Safety
                                                                                                                                                                public (80 FR 31636). That notice listed
                                                  name and a mailing address, an email                    Administration (FMCSA), DOT.
                                                                                                                                                                23 applicants’ case histories. The 23
                                                  address, or a phone number in the body                  ACTION: Notice of final disposition.                  individuals applied for exemptions from
                                                  of your document so the Agency can                                                                            the vision requirement in 49 CFR
                                                  contact you if it has questions regarding               SUMMARY:    FMCSA announces its
                                                                                                          decision to exempt 23 individuals from                391.41(b)(10), for drivers who operate
                                                  your submission.                                                                                              CMVs in interstate commerce.
                                                     To submit your comment online, got                   the vision requirement in the Federal
                                                                                                          Motor Carrier Safety Regulations                         Under 49 U.S.C. 31136(e) and 31315,
                                                  to http://www.regulations.gov and put                                                                         FMCSA may grant an exemption for a 2-
                                                  the docket number, ‘‘FMCSA–2006–                        (FMCSRs). They are unable to meet the
                                                                                                          vision requirement in one eye for                     year period if it finds ‘‘such exemption
                                                  25246; FMCSA–2013–0028; FMCSA–                                                                                would likely achieve a level of safety
                                                  2013–0029; FMCSA–2013–0030’’ in the                     various reasons. The exemptions will
                                                                                                          enable these individuals to operate                   that is equivalent to or greater than the
                                                  ‘‘Keyword’’ box, and click ‘‘Search.’’                                                                        level that would be achieved absent
                                                  When the new screen appears, click on                   commercial motor vehicles (CMVs) in
                                                                                                          interstate commerce without meeting                   such exemption.’’ The statute also
                                                  ‘‘Comment Now!’’ button and type your                                                                         allows the Agency to renew exemptions
                                                  comment into the text box in the                        the prescribed vision requirement in
                                                                                                          one eye. The Agency has concluded that                at the end of the 2-year period.
                                                  following screen. Choose whether you                                                                          Accordingly, FMCSA has evaluated the
                                                  are submitting your comment as an                       granting these exemptions will provide
                                                                                                          a level of safety that is equivalent to or            23 applications on their merits and
                                                  individual or on behalf of a third party                                                                      made a determination to grant
                                                  and then submit. If you submit your                     greater than the level of safety
                                                                                                          maintained without the exemptions for                 exemptions to each of them.
                                                  comments by mail or hand delivery,
                                                  submit them in an unbound format, no                    these CMV drivers.                                    III. Vision and Driving Experience of
                                                  larger than 81⁄2 by 11 inches, suitable for             DATES: The exemptions were granted                    the Applicants
                                                  copying and electronic filing. If you                   July 7, 2015. The exemptions expire on                   The vision requirement in the
                                                  submit comments by mail and would                       July 7, 2017.                                         FMCSRs provides:
                                                  like to know that they reached the                      FOR FURTHER INFORMATION CONTACT:                         A person is physically qualified to
                                                  facility, please enclose a stamped, self-               Charles A. Horan, III, Director, Carrier,             drive a commercial motor vehicle if that
                                                  addressed postcard or envelope. FMCSA                   Driver and Vehicle Safety Standards,                  person has distant visual acuity of at
                                                  will consider all comments and material                 (202) 366–4001, fmcsamedical@dot.gov,                 least 20/40 (Snellen) in each eye
                                                  received during the comment period                      FMCSA, Department of Transportation,                  without corrective lenses or visual
                                                  and may change this notice based on                     1200 New Jersey Avenue SE., Room                      acuity separately corrected to 20/40
                                                  your comments.                                          W64–224, Washington, DC 20590–0001.                   (Snellen) or better with corrective
                                                                                                          Office hours are from 8:30 a.m. to 5                  lenses, distant binocular acuity of a least
                                                  Viewing Comments and Documents                          p.m., Monday through Friday, except                   20/40 (Snellen) in both eyes with or
                                                     To view comments, as well as any                     Federal holidays. If you have questions               without corrective lenses, field of vision
                                                  documents mentioned in this preamble                    on viewing or submitting material to the              of at least 70° in the horizontal meridian
                                                  as being available in the docket, go to                 docket, contact Docket Services,                      in each eye, and the ability to recognize
                                                  http://www.regulations.gov and in the                   telephone (202) 366–9826.                             the colors of traffic signals and devices
                                                  search box insert the docket number,                    SUPPLEMENTARY INFORMATION:                            showing red, green, and amber (49 CFR
                                                  ‘‘FMCSA–2006–25246; FMCSA–2013–                                                                               391.41(b)(10)).
                                                  0028; FMCSA–2013–0029; FMCSA–                           I. Electronic Access                                     FMCSA recognizes that some drivers
                                                  2013–0030’’ in the ‘‘Keyword’’ box and                     You may see all the comments online                do not meet the vision requirement but
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                                                  click ‘‘Search.’’ Next, click ‘‘Open                    through the Federal Document                          have adapted their driving to
                                                  Docket Folder’’ button choose the                       Management System (FDMS) at http://                   accommodate their vision limitation
                                                  document listed to review. If you do not                www.regulations.gov.                                  and demonstrated their ability to drive
                                                  have access to the Internet, you may                       Docket: For access to the docket to                safely. The 23 exemption applicants
                                                  view the docket online by visiting the                  read background documents or                          listed in this notice are in this category.
                                                  Docket Management Facility in Room                      comments, go to http://                               They are unable to meet the vision
                                                  W12–140 on the ground floor of the                      www.regulations.gov and/or Room                       requirement in one eye for various
                                                  DOT West Building, 1200 New Jersey                      W12–140 on the ground level of the                    reasons, including amblyopia,


                                             VerDate Sep<11>2014   18:16 Aug 11, 2015   Jkt 235001   PO 00000   Frm 00127   Fmt 4703   Sfmt 4703   E:\FR\FM\12AUN1.SGM   12AUN1


                                                  48414                      Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices

                                                  amblyopia strabismus, retinal                              To evaluate the effect of these                    concluded that the best overall crash
                                                  detachment, enucleation, retinal scar,                  exemptions on safety, FMCSA                           predictor for both concurrent and
                                                  prosthetic eye, angle closure, aphakia,                 considered the medical reports about                  nonconcurrent events is the number of
                                                  corneal scarring, and complete loss of                  the applicants’ vision as well as their               single convictions. This study used 3
                                                  vision. In most cases, their eye                        driving records and experience with the               consecutive years of data, comparing the
                                                  conditions were not recently developed.                 vision deficiency.                                    experiences of drivers in the first 2 years
                                                  Seventeen of the applicants were either                    To qualify for an exemption from the               with their experiences in the final year.
                                                  born with their vision impairments or                   vision requirement, FMCSA requires a                     Applying principles from these
                                                  have had them since childhood.                          person to present verifiable evidence                 studies to the past 3-year record of the
                                                     The six individuals that sustained                   that he/she has driven a commercial                   23 applicants, no drivers were involved
                                                  their vision conditions as adults have                  vehicle safely with the vision deficiency             in crashes, and no drivers were
                                                  had it for a range of two to 25 years.                  for the past 3 years. Recent driving                  convicted of moving violations in a
                                                     Although each applicant has one eye                  performance is especially important in                CMV. All the applicants achieved a
                                                  which does not meet the vision                          evaluating future safety, according to                record of safety while driving with their
                                                  requirement in 49 CFR 391.41(b)(10),                    several research studies designed to                  vision impairment, demonstrating the
                                                  each has at least 20/40 corrected vision                correlate past and future driving                     likelihood that they have adapted their
                                                  in the other eye, and in a doctor’s                     performance. Results of these studies                 driving skills to accommodate their
                                                  opinion, has sufficient vision to perform               support the principle that the best                   condition. As the applicants’ ample
                                                  all the tasks necessary to operate a CMV.               predictor of future performance by a                  driving histories with their vision
                                                  Doctors’ opinions are supported by the                  driver is his/her past record of crashes              deficiencies are good predictors of
                                                  applicants’ possession of valid                         and traffic violations. Copies of the                 future performance, FMCSA concludes
                                                  commercial driver’s licenses (CDLs) or                  studies may be found at Docket Number                 their ability to drive safely can be
                                                  non-CDLs to operate CMVs. Before                        FMCSA–1998–3637.                                      projected into the future.
                                                  issuing CDLs, States subject drivers to                    FMCSA believes it can properly apply                  We believe that the applicants’
                                                  knowledge and skills tests designed to                  the principle to monocular drivers,                   intrastate driving experience and history
                                                  evaluate their qualifications to operate a              because data from the Federal Highway                 provide an adequate basis for predicting
                                                  CMV.                                                    Administration’s (FHWA) former waiver                 their ability to drive safely in interstate
                                                     All of these applicants satisfied the                study program clearly demonstrate the                 commerce. Intrastate driving, like
                                                  testing requirements for their State of                 driving performance of experienced                    interstate operations, involves
                                                  residence. By meeting State licensing                   monocular drivers in the program is                   substantial driving on highways on the
                                                  requirements, the applicants                            better than that of all CMV drivers                   interstate system and on other roads
                                                  demonstrated their ability to operate a                 collectively (See 61 FR 13338, 13345,                 built to interstate standards. Moreover,
                                                  CMV, with their limited vision, to the                  March 26, 1996). The fact that                        driving in congested urban areas
                                                  satisfaction of the State.                              experienced monocular drivers                         exposes the driver to more pedestrian
                                                     While possessing a valid CDL or non-                 demonstrated safe driving records in the              and vehicular traffic than exists on
                                                  CDL, these 23 drivers have been                         waiver program supports a conclusion                  interstate highways. Faster reaction to
                                                  authorized to drive a CMV in intrastate                 that other monocular drivers, meeting                 traffic and traffic signals is generally
                                                  commerce, even though their vision                      the same qualifying conditions as those               required because distances between
                                                  disqualified them from driving in                       required by the waiver program, are also              them are more compact. These
                                                  interstate commerce. They have driven                   likely to have adapted to their vision                conditions tax visual capacity and
                                                  CMVs with their limited vision in                       deficiency and will continue to operate               driver response just as intensely as
                                                  careers ranging from two to 53 years. In                safely.                                               interstate driving conditions. The
                                                  the past three years, no drivers were                      The first major research correlating               veteran drivers in this proceeding have
                                                  involved in crashes, and no drivers were                past and future performance was done                  operated CMVs safely under those
                                                  convicted of moving violations in a                     in England by Greenwood and Yule in                   conditions for at least 3 years, most for
                                                  CMV.                                                    1920. Subsequent studies, building on                 much longer. Their experience and
                                                     The qualifications, experience, and                  that model, concluded that crash rates                driving records lead us to believe that
                                                  medical condition of each applicant                     for the same individual exposed to                    each applicant is capable of operating in
                                                  were stated and discussed in detail in                  certain risks for two different time                  interstate commerce as safely as he/she
                                                  the June 3, 2015 notice (80 FR 31636).                  periods vary only slightly (See Bates                 has been performing in intrastate
                                                                                                          and Neyman, University of California                  commerce. Consequently, FMCSA finds
                                                  IV. Basis for Exemption Determination                   Publications in Statistics, April 1952).              that exempting these applicants from
                                                    Under 49 U.S.C. 31136(e) and 31315,                   Other studies demonstrated theories of                the vision requirement in 49 CFR
                                                  FMCSA may grant an exemption from                       predicting crash proneness from crash                 391.41(b)(10) is likely to achieve a level
                                                  the vision requirement in 49 CFR                        history coupled with other factors.                   of safety equal to that existing without
                                                  391.41(b)(10) if the exemption is likely                These factors—such as age, sex,                       the exemption. For this reason, the
                                                  to achieve an equivalent or greater level               geographic location, mileage driven and               Agency is granting the exemptions for
                                                  of safety than would be achieved                        conviction history—are used every day                 the 2-year period allowed by 49 U.S.C.
                                                  without the exemption. Without the                      by insurance companies and motor                      31136(e) and 31315 to the 23 applicants
                                                  exemption, applicants will continue to                  vehicle bureaus to predict the                        listed in the notice of June 3, 2015 (80
                                                  be restricted to intrastate driving. With               probability of an individual                          FR 31636).
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                                                  the exemption, applicants can drive in                  experiencing future crashes (See Weber,                  We recognize that the vision of an
                                                  interstate commerce. Thus, our analysis                 Donald C., ‘‘Accident Rate Potential: An              applicant may change and affect his/her
                                                  focuses on whether an equal or greater                  Application of Multiple Regression                    ability to operate a CMV as safely as in
                                                  level of safety is likely to be achieved by             Analysis of a Poisson Process,’’ Journal              the past. As a condition of the
                                                  permitting each of these drivers to drive               of American Statistical Association,                  exemption, therefore, FMCSA will
                                                  in interstate commerce as opposed to                    June 1971). A 1964 California Driver                  impose requirements on the 23
                                                  restricting him or her to driving in                    Record Study prepared by the California               individuals consistent with the
                                                  intrastate commerce.                                    Department of Motor Vehicles                          grandfathering provisions applied to


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                                                                             Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices                                           48415

                                                  drivers who participated in the                         the terms and conditions of the                       (PRA), Public Law 104–13, sec. 2, 109
                                                  Agency’s vision waiver program.                         exemption; (2) the exemption has                      Stat. 163 (1995) (codified as revised at
                                                     Those requirements are found at 49                   resulted in a lower level of safety than              44 U.S.C. 3501–3520), and its
                                                  CFR 391.64(b) and include the                           was maintained before it was granted; or              implementing regulations, 5 CFR part
                                                  following: (1) That each individual be                  (3) continuation of the exemption would               1320, require Federal agencies to issue
                                                  physically examined every year (a) by                   not be consistent with the goals and                  two notices seeking public comment on
                                                  an ophthalmologist or optometrist who                   objectives of 49 U.S.C. 31136 and 31315.              information collection activities before
                                                  attests that the vision in the better eye                 If the exemption is still effective at the          OMB may approve paperwork packages.
                                                  continues to meet the requirement in 49                 end of the 2-year period, the person may              44 U.S.C. 3506, 3507; 5 CFR 1320.5,
                                                  CFR 391.41(b)(10) and (b) by a medical                  apply to FMCSA for a renewal under                    1320.8(d)(1), and 1320.12. On April 24,
                                                  examiner who attests that the individual                procedures in effect at that time.                    2015, FRA published a 60-day notice in
                                                  is otherwise physically qualified under                   Issued on: August 6, 2015.                          the Federal Register soliciting comment
                                                  49 CFR 391.41; (2) that each individual                 Larry W. Minor,
                                                                                                                                                                on an ICR that the agency is seeking
                                                  provide a copy of the ophthalmologist’s                                                                       OMB approval. See 80 FR 23069. In its
                                                                                                          Associate Administrator for Policy.
                                                  or optometrist’s report to the medical                                                                        ICR, FRA proposed to utilize Form FRA
                                                                                                          [FR Doc. 2015–19782 Filed 8–11–15; 8:45 am]           6180.54’s Special Study Block 49b (SSB)
                                                  examiner at the time of the annual
                                                  medical examination; and (3) that each                  BILLING CODE 4910–EX–P                                to collect specific information
                                                  individual provide a copy of the annual                                                                       concerning rail cars carrying petroleum
                                                  medical certification to the employer for                                                                     crude oil (crude oil) in trains involved
                                                                                                          DEPARTMENT OF TRANSPORTATION                          in FRA reportable accidents.
                                                  retention in the driver’s qualification
                                                  file, or keep a copy in his/her driver’s                                                                         FRA received two comments in
                                                                                                          Federal Railroad Administration
                                                  qualification file if he/she is self-                                                                         response to the notice, from the U.S.
                                                  employed. The driver must have a copy                   [Docket No. FRA–2015–0007–N–20]                       Department of Commerce’s Bureau of
                                                  of the certification when driving, for                                                                        Economic Analysis (BEA) and an article
                                                                                                          Proposed Agency Information                           titled ‘‘DOT Takes Additional Actions
                                                  presentation to a duly authorized
                                                                                                          Collection Activities; Comment                        on Crude Oil Trains—Incident Report
                                                  Federal, State, or local enforcement
                                                                                                          Request                                               ICR,’’ originally posted on the blog
                                                  official.
                                                                                                          AGENCY: Federal Railroad                              Chemical Facility Security News by
                                                  V. Discussion of Comments                                                                                     Peter Coyle on April 20, 2015. The
                                                                                                          Administration (FRA), Department of
                                                    FMCSA received no comments in this                    Transportation (DOT).                                 substance of both comments, along with
                                                  proceeding.                                                                                                   FRA’s responses to those comments is
                                                                                                          ACTION: Notice and request for
                                                                                                                                                                discussed below. You may also review
                                                  IV. Conclusion                                          comments.
                                                                                                                                                                the full text of the comments online at
                                                     Based upon its evaluation of the 23                  SUMMARY:   In compliance with the                     www.regulations.gov in docket number
                                                  exemption applications, FMCSA                           Paperwork Reduction Act of 1995, this                 FRA–2015–0007.
                                                  exempts the following drivers from the                  notice announces that FRA is                             BEA’s comment generally expresses
                                                  vision requirement in 49 CFR                            forwarding the modified Information                   support for the information collection
                                                  391.41(b)(10), subject to the                           Collection Request (ICR) abstracted                   activities associated with FRA’s
                                                  requirements cited above (49 CFR                        below to the Office of Management and                 accident/incident reporting regulations,
                                                  391.64(b)):                                             Budget (OMB) for review and comment.                  and references specific FRA forms that
                                                                                                          The ICR describes the nature of the                   the BEA uses in its analysis that are
                                                  Michael J. Altobelli (CT)
                                                                                                          information collection and its expected               different than the form this ICR covers.
                                                  Johnny A. Bingham (NC)                                                                                        FRA appreciates BEA’s comment, but
                                                  Robert A. Buckley (IN)                                  burden. The Federal Register notice
                                                                                                          with a 60-day comment period soliciting               notes that the comment relates to FRA
                                                  Allen E. Clark (NY)                                                                                           forms that are outside the scope of this
                                                  Don A. Clymer (PA)                                      comments on the collection of
                                                                                                          information was published on April 24,                ICR. This ICR is limited to modifying
                                                  Bryan K. Dalton (NC)                                                                                          the existing instructions on Form FRA
                                                  Joseph B. Fry (KS)                                      2015 (80 FR 23069).
                                                                                                                                                                F 6180.54 titled ‘‘Rail Equipment
                                                  David B. Ginther (PA)                                   DATES: Comments must be submitted on
                                                                                                                                                                Accident/Incident Report’’ and does not
                                                  Dominic F. Giordano (CT)                                or before September 11, 2015.                         impact FRA’s information collection
                                                  Thomas E. Groves (WV)                                   FOR FURTHER INFORMATION CONTACT: Mr.                  activities under other FRA accident/
                                                  Jose J. Guzman-Olguin (IL)                              Robert Brogan, Safety Regulatory                      incident reporting forms.
                                                  Stephen T. Hines (NJ)                                   Analysis Division, RRS–21, U.S.                          In his comment, Mr. Coyle asserts that
                                                  James J. Keranen (MI)                                   Department of Transportation, Federal                 FRA’s proposed collection of
                                                  Wesley S. Kilpatrick (OK)                               Railroad Administration, 1200 New                     information related to crude oil train
                                                  Herbert S. Lear (PA)                                    Jersey Ave. SE., Mail Stop 25,                        accidents is of limited usefulness and
                                                  Christopher V. May (GA)                                 Washington, DC 20590 (Telephone:                      ‘‘will provide almost nothing in the way
                                                  Nathan C. Nissen (IA)                                   (202) 493–6292), or Ms. Kebo Chen,                    of information that can be used for
                                                  Jeffery Reed (KY)                                       Staff Director, Railroad Safety                       analytical purposes.’’ Mr. Coyle suggests
                                                  Gregory S. Richter, Sr. (PA)                            Information Management Division,                      that FRA design a new report
                                                  David J. Rotenberger (ND)                               RRS–22, U.S. Department of                            ‘‘specifically for rail accidents and
                                                  George Tomecek, Jr. (PA)                                Transportation, Federal Railroad
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                                                                                incidents involving damaged and
                                                  Richard G. Vaughn (NC)                                  Administration, 1200 New Jersey Ave.                  leaking rail cars containing crude oil.’’
                                                  Paul C. Weiss (PA)                                      SE., Mail Stop 25, Washington, DC                     Mr. Coyle also asserts that combining
                                                     In accordance with 49 U.S.C. 31136(e)                20590 (Telephone: (202) 493–6079).                    the number of cars loaded with crude
                                                  and 31315, each exemption will be valid                 (These telephone numbers are not toll-                oil and crude oil residue cars in the data
                                                  for 2 years unless revoked earlier by                   free.)                                                collection will ‘‘about double the
                                                  FMCSA. The exemption will be revoked                    SUPPLEMENTARY INFORMATION: The                        number of cars involved in accidents
                                                  if: (1) The person fails to comply with                 Paperwork Reduction Act of 1995                       and damaged in accidents since most


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Document Created: 2016-09-27 22:26:58
Document Modified: 2016-09-27 22:26:58
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 7, 2015. The exemptions expire on July 7, 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 48413 

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