80_FR_62360 80 FR 62161 - Qualification of Drivers; Exemption Applications; Vision

80 FR 62161 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 199 (October 15, 2015)

Page Range62161-62163
FR Document2015-26248

FMCSA announces its decision to exempt 45 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 199 (Thursday, October 15, 2015)
[Federal Register Volume 80, Number 199 (Thursday, October 15, 2015)]
[Notices]
[Pages 62161-62163]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26248]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0055]


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 45 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 August 25, 2015. The exemptions 
expire on August 25, 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:

[[Page 62162]]

I. Electronic Access

    You may see all the comments online through the Federal Document 
Management System (FDMS) at http://www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov and/or Room W12-140 on the 
ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

II. Background

    On July 24, 2015, FMCSA published a notice of receipt of exemption 
applications from certain individuals, and requested comments from the 
public (80 FR 44188). That notice listed 45 applicants' case histories. 
The 45 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 45 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 45 
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, aphakia, central retinal scar, 
chorioretinal scar complete loss of vision due to traumatic injury, 
corneal scarring, large optic nerve coloboma, macular degeneration, 
macular edema retinal scarring, no light perception, ocular 
hypertension ocular nerve damage, optic nerve atrophy, ocular 
sarcoidosis, prosthetic eye due to traumatic injury, refractive 
amblyopia, retinal damage, retinal disease, retinal vein occlusion, and 
traumatic glaucoma. In most cases, their eye conditions were not 
recently developed. Thirty of the applicants were either born with 
their vision impairments or have had them since childhood.
    The 15 individuals that sustained their vision conditions as adults 
have had it for a range of 4 to 38 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 45 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 for 2 to 50 
years. In the past three years, two drivers were involved in crashes, 
and two 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 July 24, 2015 
notice (80 FR 44188).

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

[[Page 62163]]

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 45 applicants, two drivers were involved in crashes, and two 
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 45 applicants listed in the notice of July 
24, 2015 (80 FR 44188).
    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 45 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 45 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)):

Charles R. Airey (MD)
Harold D. Albrecht (IL)
Joseph W. Bahr, Jr. (NJ)
Jerry A. Bordelon (LA)
Stephen C. Brueggeman (KY)
Dale E. Bunke (ID)
James E. Byrne (MO)
Larry O. Cheek (CA)
Louise D. Curtis (FL)
Marvin P. Cusey (MN)
Bradford W. Davis (KS)
Roy H. Degner (IA)
Chris DeJong (NM)
Jonathan G. Estabrook (MA)
Robert J. Falanga (FL)
Elhadji M. Faye (CA)
Donald A. Hall (NC)
Willard D. Hall (CA)
Refugio Haro (IL)
Kevin L. Harrison (TN)
Timothy N. Hollenbeck (OR)
Elmer G. Isenhart, Jr. (OH)
Abdullah T. Khalil (VA)
Don J. Labrum (UT)
Scott E. Landegent (SD)
Steven D. Leonard (MD)
Bruce A. Lloyd (MA)
Duane S. Lozinski (IA)
Rob A. Matthews, Jr. (SC)
Keith W. McNabb (ID)
Ronald W. Neujahr (KS)
Frank L. Novich Jr. (MO)
Russell Nutter (OH)
Lonnie D. Prejean (TX)
Robert C. Reid (KY)
Thomas E. Riley (NJ)
Danilo A. Rivera (MD)
Steven L. Roberts (AR)
John B. Stiltner (KY)
James M. Stroupe (VA)
Steven W. Stull (IL)
Dale R. Sweigart (PA)
Rick R. Warner (MI)
Theodore White (PA)
Larry L. Yow (NC)

    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: October 7, 2015.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-26248 Filed 10-14-15; 8:45 am]
BILLING CODE 4910-EX-P



                                                                               Federal Register / Vol. 80, No. 199 / Thursday, October 15, 2015 / Notices                                              62161

                                                  more) severe hypoglycemic episodes in                    period of insulin use to demonstrate                 may issue a final rule at any time after
                                                  the last 5 years. His endocrinologist                    stable control of diabetes before being              the close of the comment period.
                                                  certifies that Mr. Webster understands                   allowed to operate a CMV.
                                                                                                              In response to section 4129, FMCSA                V. Viewing Comments and Documents
                                                  diabetes management and monitoring,
                                                  has stable control of his diabetes using                 made immediate revisions to the                        To view comments, as well as any
                                                  insulin, and is able to drive a CMV                      diabetes exemption program established               documents mentioned in this preamble,
                                                  safely. Mr. Webster meets the                            by the September 3, 2003 notice.                     To submit your comment online, go to
                                                  requirements of the vision standard at                   FMCSA discontinued use of the 3-year                 http://www.regulations.gov and in the
                                                  49 CFR 391.41(b)(10). His                                driving experience and fulfilled the                 search box insert the docket number
                                                  ophthalmologist examined him in 2015                     requirements of section 4129 while                   FMCSA–2015–0069 and click ‘‘Search.’’
                                                  and certified that he does not have                      continuing to ensure that operation of               Next, click ‘‘Open Docket Folder’’ and
                                                  diabetic retinopathy. He holds a Class B                 CMVs by drivers with ITDM will                       you will find all documents and
                                                  CDL from Minnesota.                                      achieve the requisite level of safety                comments related to the proposed
                                                                                                           required of all exemptions granted                   rulemaking.
                                                  Owen E. Whetzel                                          under 49 U.S.C. 31136 (e).                             Dated: October 7, 2015.
                                                    Mr. Whetzel, 63, has had ITDM since                       Section 4129(d) also directed FMCSA
                                                                                                                                                                Larry W. Minor,
                                                  2015. His endocrinologist examined him                   to ensure that drivers of CMVs with
                                                  in 2015 and certified that he has had no                 ITDM are not held to a higher standard               Associate Administrator for Policy.
                                                  severe hypoglycemic reactions resulting                  than other drivers, with the exception of            [FR Doc. 2015–26243 Filed 10–14–15; 8:45 am]
                                                  in loss of consciousness, requiring the                  limited operating, monitoring and                    BILLING CODE 4910–EX–P
                                                  assistance of another person, or                         medical requirements that are deemed
                                                  resulting in impaired cognitive function                 medically necessary.
                                                  that occurred without warning in the                        The FMCSA concluded that all of the               DEPARTMENT OF TRANSPORTATION
                                                  past 12 months and no recurrent (2 or                    operating, monitoring and medical
                                                  more) severe hypoglycemic episodes in                    requirements set out in the September 3,             Federal Motor Carrier Safety
                                                  the last 5 years. His endocrinologist                    2003 notice, except as modified, were in             Administration
                                                  certifies that Mr. Whetzel understands                   compliance with section 4129(d).                     [Docket No. FMCSA–2015–0055]
                                                  diabetes management and monitoring,                      Therefore, all of the requirements set
                                                  has stable control of his diabetes using                 out in the September 3, 2003 notice,                 Qualification of Drivers; Exemption
                                                  insulin, and is able to drive a CMV                      except as modified by the notice in the              Applications; Vision
                                                  safely. Mr. Whetzel meets the                            Federal Register on November 8, 2005                 AGENCY: Federal Motor Carrier Safety
                                                  requirements of the vision standard at                   (70 FR 67777), remain in effect.                     Administration (FMCSA), DOT.
                                                  49 CFR 391.41(b)(10). His optometrist
                                                                                                           IV. Submitting Comments                              ACTION: Notice of final disposition.
                                                  examined him in 2015 and certified that
                                                  he does not have diabetic retinopathy.                      You may submit your comments and                  SUMMARY:    FMCSA announces its
                                                  He holds a Class A CDL from West                         material online or by fax, mail, or hand             decision to exempt 45 individuals from
                                                  Virginia.                                                delivery, but please use only one of                 the vision requirement in the Federal
                                                                                                           these means. FMCSA recommends that                   Motor Carrier Safety Regulations
                                                  III. Request for Comments                                you include your name and a mailing                  (FMCSRs). They are unable to meet the
                                                     In accordance with 49 U.S.C. 31136(e)                 address, an email address, or a phone                vision requirement in one eye for
                                                  and 31315, FMCSA requests public                         number in the body of your document                  various reasons. The exemptions will
                                                  comment from all interested persons on                   so that FMCSA can contact you if there               enable these individuals to operate
                                                  the exemption petitions described in                     are questions regarding your                         commercial motor vehicles (CMVs) in
                                                  this notice. We will consider all                        submission.                                          interstate commerce without meeting
                                                  comments received before the close of                       To submit your comment online, go to
                                                                                                                                                                the prescribed vision requirement in
                                                  business on the closing date indicated                   http://www.regulations.gov and in the
                                                                                                                                                                one eye. The Agency has concluded that
                                                  in the date section of the notice.                       search box insert the docket number
                                                     FMCSA notes that section 4129 of the                                                                       granting these exemptions will provide
                                                                                                           FMCSA–2015–0069 and click the search
                                                  Safe, Accountable, Flexible and                                                                               a level of safety that is equivalent to or
                                                                                                           button. When the new screen appears,
                                                  Efficient Transportation Equity Act: A                                                                        greater than the level of safety
                                                                                                           click on the blue ‘‘Comment Now!’’
                                                  Legacy for Users requires the Secretary                                                                       maintained without the exemptions for
                                                                                                           button on the right hand side of the
                                                  to revise its diabetes exemption program                                                                      these CMV drivers.
                                                                                                           page. On the new page, enter
                                                  established on September 3, 2003 (68 FR                                                                       DATES: The exemptions were granted
                                                                                                           information required including the
                                                  52441).1 The revision must provide for                   specific section of this document to                 August 25, 2015. The exemptions expire
                                                  individual assessment of drivers with                    which each comment applies, and                      on August 25, 2017.
                                                  diabetes mellitus, and be consistent                     provide a reason for each suggestion or              FOR FURTHER INFORMATION CONTACT:
                                                  with the criteria described in section                   recommendation. If you submit your                   Charles A. Horan, III, Director, Carrier,
                                                  4018 of the Transportation Equity Act                    comments by mail or hand delivery,                   Driver and Vehicle Safety Standards,
                                                  for the 21st Century (49 U.S.C. 31305).                  submit them in an unbound format, no                 (202) 366–4001, fmcsamedical@dot.gov,
                                                     Section 4129 requires: (1) Elimination                larger than 81⁄2 by 11 inches, suitable for          FMCSA, Department of Transportation,
                                                  of the requirement for 3 years of                        copying and electronic filing. If you                1200 New Jersey Avenue SE., Room
                                                  experience operating CMVs while being                                                                         W64–224, Washington, DC 20590–0001.
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                           submit comments by mail and would
                                                  treated with insulin; and (2)                            like to know that they reached the                   Office hours are from 8:30 a.m. to 5
                                                  establishment of a specified minimum                     facility, please enclose a stamped, self-            p.m., Monday through Friday, except
                                                                                                           addressed postcard or envelope.                      Federal holidays. If you have questions
                                                     1 Section 4129(a) refers to the 2003 notice as a
                                                                                                              We will consider all comments and                 on viewing or submitting material to the
                                                  ‘‘final rule.’’ However, the 2003 notice did not issue                                                        docket, contact Docket Services,
                                                  a ‘‘final rule’’ but did establish the procedures and
                                                                                                           material received during the comment
                                                  standards for issuing exemptions for drivers with        period and may change this proposed                  telephone (202) 366–9826.
                                                  ITDM.                                                    rule based on your comments. FMCSA                   SUPPLEMENTARY INFORMATION:



                                             VerDate Sep<11>2014   17:19 Oct 14, 2015   Jkt 238001   PO 00000   Frm 00150   Fmt 4703   Sfmt 4703   E:\FR\FM\15OCN1.SGM   15OCN1


                                                  62162                       Federal Register / Vol. 80, No. 199 / Thursday, October 15, 2015 / Notices

                                                  I. Electronic Access                                       FMCSA recognizes that some drivers                 IV. Basis for Exemption Determination
                                                     You may see all the comments online                  do not meet the vision requirement but                   Under 49 U.S.C. 31136(e) and 31315,
                                                  through the Federal Document                            have adapted their driving to                         FMCSA may grant an exemption from
                                                  Management System (FDMS) at http://                     accommodate their vision limitation                   the vision requirement in 49 CFR
                                                  www.regulations.gov.                                    and demonstrated their ability to drive               391.41(b)(10) if the exemption is likely
                                                     Docket: For access to the docket to                  safely. The 45 exemption applicants                   to achieve an equivalent or greater level
                                                  read background documents or                            listed in this notice are in this category.           of safety than would be achieved
                                                  comments, go to http://                                 They are unable to meet the vision                    without the exemption. Without the
                                                  www.regulations.gov and/or Room                         requirement in one eye for various                    exemption, applicants will continue to
                                                  W12–140 on the ground level of the                      reasons, including amblyopia, aphakia,                be restricted to intrastate driving. With
                                                  West Building, 1200 New Jersey Avenue                   central retinal scar, chorioretinal scar              the exemption, applicants can drive in
                                                  SE., Washington, DC, between 9 a.m.                     complete loss of vision due to traumatic              interstate commerce. Thus, our analysis
                                                  and 5 p.m., Monday through Friday,                      injury, corneal scarring, large optic                 focuses on whether an equal or greater
                                                  except Federal holidays.                                nerve coloboma, macular degeneration,                 level of safety is likely to be achieved by
                                                     Privacy Act: In accordance with 5                    macular edema retinal scarring, no light              permitting each of these drivers to drive
                                                  U.S.C. 553(c), DOT solicits comments                    perception, ocular hypertension ocular                in interstate commerce as opposed to
                                                  from the public to better inform its                    nerve damage, optic nerve atrophy,                    restricting him or her to driving in
                                                  rulemaking process. DOT posts these                     ocular sarcoidosis, prosthetic eye due to             intrastate commerce.
                                                  comments, without edit, including any                   traumatic injury, refractive amblyopia,                  To evaluate the effect of these
                                                  personal information the commenter                      retinal damage, retinal disease, retinal              exemptions on safety, FMCSA
                                                  provides, to www.regulations.gov, as                    vein occlusion, and traumatic glaucoma.               considered the medical reports about
                                                  described in the system of records                      In most cases, their eye conditions were              the applicants’ vision as well as their
                                                  notice (DOT/ALL–14 FDMS), which can                     not recently developed. Thirty of the                 driving records and experience with the
                                                  be reviewed at www.dot.gov/privacy.                     applicants were either born with their                vision deficiency.
                                                  II. Background                                          vision impairments or have had them                      To qualify for an exemption from the
                                                                                                          since childhood.                                      vision requirement, FMCSA requires a
                                                     On July 24, 2015, FMCSA published
                                                                                                             The 15 individuals that sustained                  person to present verifiable evidence
                                                  a notice of receipt of exemption
                                                                                                          their vision conditions as adults have                that he/she has driven a commercial
                                                  applications from certain individuals,
                                                                                                          had it for a range of 4 to 38 years.                  vehicle safely with the vision deficiency
                                                  and requested comments from the
                                                  public (80 FR 44188). That notice listed                   Although each applicant has one eye                for the past 3 years. Recent driving
                                                  45 applicants’ case histories. The 45                   which does not meet the vision                        performance is especially important in
                                                  individuals applied for exemptions from                 requirement in 49 CFR 391.41(b)(10),                  evaluating future safety, according to
                                                  the vision requirement in 49 CFR                        each has at least 20/40 corrected vision              several research studies designed to
                                                  391.41(b)(10), for drivers who operate                  in the other eye, and in a doctor’s                   correlate past and future driving
                                                  CMVs in interstate commerce.                            opinion, has sufficient vision to perform             performance. Results of these studies
                                                     Under 49 U.S.C. 31136(e) and 31315,                  all the tasks necessary to operate a CMV.             support the principle that the best
                                                  FMCSA may grant an exemption for a 2-                   Doctors’ opinions are supported by the                predictor of future performance by a
                                                  year period if it finds ‘‘such exemption                applicants’ possession of valid                       driver is his/her past record of crashes
                                                  would likely achieve a level of safety                  commercial driver’s licenses (CDLs) or                and traffic violations. Copies of the
                                                  that is equivalent to or greater than the               non-CDLs to operate CMVs. Before                      studies may be found at Docket Number
                                                  level that would be achieved absent                     issuing CDLs, States subject drivers to               FMCSA–1998–3637.
                                                  such exemption.’’ The statute also                      knowledge and skills tests designed to                   FMCSA believes it can properly apply
                                                  allows the Agency to renew exemptions                   evaluate their qualifications to operate a            the principle to monocular drivers,
                                                  at the end of the 2-year period.                        CMV.                                                  because data from the Federal Highway
                                                  Accordingly, FMCSA has evaluated the                                                                          Administration’s (FHWA) former waiver
                                                                                                             All of these applicants satisfied the
                                                  45 applications on their merits and                                                                           study program clearly demonstrate the
                                                                                                          testing requirements for their State of
                                                  made a determination to grant                                                                                 driving performance of experienced
                                                                                                          residence. By meeting State licensing
                                                  exemptions to each of them.                                                                                   monocular drivers in the program is
                                                                                                          requirements, the applicants
                                                                                                                                                                better than that of all CMV drivers
                                                  III. Vision and Driving Experience of                   demonstrated their ability to operate a
                                                                                                                                                                collectively (See 61 FR 13338, 13345,
                                                  the Applicants                                          CMV, with their limited vision, to the
                                                                                                                                                                March 26, 1996). The fact that
                                                                                                          satisfaction of the State.
                                                     The vision requirement in the                                                                              experienced monocular drivers
                                                  FMCSRs provides:                                           While possessing a valid CDL or non-               demonstrated safe driving records in the
                                                     A person is physically qualified to                  CDL, these 45 drivers have been                       waiver program supports a conclusion
                                                  drive a commercial motor vehicle if that                authorized to drive a CMV in intrastate               that other monocular drivers, meeting
                                                  person has distant visual acuity of at                  commerce, even though their vision                    the same qualifying conditions as those
                                                  least 20/40 (Snellen) in each eye                       disqualified them from driving in                     required by the waiver program, are also
                                                  without corrective lenses or visual                     interstate commerce. They have driven                 likely to have adapted to their vision
                                                  acuity separately corrected to 20/40                    CMVs with their limited vision in                     deficiency and will continue to operate
                                                  (Snellen) or better with corrective                     careers ranging for 2 to 50 years. In the             safely.
                                                                                                          past three years, two drivers were
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  lenses, distant binocular acuity of a least                                                                      The first major research correlating
                                                  20/40 (Snellen) in both eyes with or                    involved in crashes, and two drivers                  past and future performance was done
                                                  without corrective lenses, field of vision              were convicted of moving violations in                in England by Greenwood and Yule in
                                                  of at least 70° in the horizontal meridian              a CMV.                                                1920. Subsequent studies, building on
                                                  in each eye, and the ability to recognize                  The qualifications, experience, and                that model, concluded that crash rates
                                                  the colors of traffic signals and devices               medical condition of each applicant                   for the same individual exposed to
                                                  showing red, green, and amber (49 CFR                   were stated and discussed in detail in                certain risks for two different time
                                                  391.41(b)(10)).                                         the July 24, 2015 notice (80 FR 44188).               periods vary only slightly (See Bates


                                             VerDate Sep<11>2014   17:19 Oct 14, 2015   Jkt 238001   PO 00000   Frm 00151   Fmt 4703   Sfmt 4703   E:\FR\FM\15OCN1.SGM   15OCN1


                                                                              Federal Register / Vol. 80, No. 199 / Thursday, October 15, 2015 / Notices                                               62163

                                                  and Neyman, University of California                    commerce. Consequently, FMCSA finds                   Bradford W. Davis (KS)
                                                  Publications in Statistics, April 1952).                that exempting these applicants from                  Roy H. Degner (IA)
                                                  Other studies demonstrated theories of                  the vision requirement in 49 CFR                      Chris DeJong (NM)
                                                  predicting crash proneness from crash                   391.41(b)(10) is likely to achieve a level            Jonathan G. Estabrook (MA)
                                                  history coupled with other factors.                     of safety equal to that existing without              Robert J. Falanga (FL)
                                                  These factors—such as age, sex,                         the exemption. For this reason, the                   Elhadji M. Faye (CA)
                                                  geographic location, mileage driven and                 Agency is granting the exemptions for                 Donald A. Hall (NC)
                                                  conviction history—are used every day                   the 2-year period allowed by 49 U.S.C.                Willard D. Hall (CA)
                                                  by insurance companies and motor                        31136(e) and 31315 to the 45 applicants               Refugio Haro (IL)
                                                  vehicle bureaus to predict the                          listed in the notice of July 24, 2015 (80             Kevin L. Harrison (TN)
                                                  probability of an individual                            FR 44188).                                            Timothy N. Hollenbeck (OR)
                                                  experiencing future crashes (See Weber,                    We recognize that the vision of an                 Elmer G. Isenhart, Jr. (OH)
                                                  Donald C., ‘‘Accident Rate Potential: An                applicant may change and affect his/her               Abdullah T. Khalil (VA)
                                                  Application of Multiple Regression                      ability to operate a CMV as safely as in              Don J. Labrum (UT)
                                                  Analysis of a Poisson Process,’’ Journal                the past. As a condition of the                       Scott E. Landegent (SD)
                                                  of American Statistical Association,                                                                          Steven D. Leonard (MD)
                                                                                                          exemption, therefore, FMCSA will
                                                  June 1971). A 1964 California Driver                                                                          Bruce A. Lloyd (MA)
                                                                                                          impose requirements on the 45
                                                  Record Study prepared by the California                                                                       Duane S. Lozinski (IA)
                                                                                                          individuals consistent with the
                                                  Department of Motor Vehicles                                                                                  Rob A. Matthews, Jr. (SC)
                                                                                                          grandfathering provisions applied to                  Keith W. McNabb (ID)
                                                  concluded that the best overall crash                   drivers who participated in the                       Ronald W. Neujahr (KS)
                                                  predictor for both concurrent and                       Agency’s vision waiver program.                       Frank L. Novich Jr. (MO)
                                                  nonconcurrent events is the number of                      Those requirements are found at 49                 Russell Nutter (OH)
                                                  single convictions. This study used 3                   CFR 391.64(b) and include the                         Lonnie D. Prejean (TX)
                                                  consecutive years of data, comparing the                following: (1) That each individual be                Robert C. Reid (KY)
                                                  experiences of drivers in the first 2 years             physically examined every year (a) by                 Thomas E. Riley (NJ)
                                                  with their experiences in the final year.               an ophthalmologist or optometrist who                 Danilo A. Rivera (MD)
                                                     Applying principles from these                       attests that the vision in the better eye             Steven L. Roberts (AR)
                                                  studies to the past 3-year record of the                continues to meet the requirement in 49               John B. Stiltner (KY)
                                                  45 applicants, two drivers were                         CFR 391.41(b)(10) and (b) by a medical                James M. Stroupe (VA)
                                                  involved in crashes, and two drivers                    examiner who attests that the individual              Steven W. Stull (IL)
                                                  were convicted of moving violations in                  is otherwise physically qualified under               Dale R. Sweigart (PA)
                                                  a CMV. All the applicants achieved a                    49 CFR 391.41; (2) that each individual               Rick R. Warner (MI)
                                                  record of safety while driving with their               provide a copy of the ophthalmologist’s               Theodore White (PA)
                                                  vision impairment, demonstrating the                    or optometrist’s report to the medical                Larry L. Yow (NC)
                                                  likelihood that they have adapted their                 examiner at the time of the annual                       In accordance with 49 U.S.C. 31136(e)
                                                  driving skills to accommodate their                     medical examination; and (3) that each                and 31315, each exemption will be valid
                                                  condition. As the applicants’ ample                     individual provide a copy of the annual               for 2 years unless revoked earlier by
                                                  driving histories with their vision                     medical certification to the employer for             FMCSA. The exemption will be revoked
                                                  deficiencies are good predictors of                     retention in the driver’s qualification
                                                  future performance, FMCSA concludes                                                                           if: (1) The person fails to comply with
                                                                                                          file, or keep a copy in his/her driver’s              the terms and conditions of the
                                                  their ability to drive safely can be                    qualification file if he/she is self-
                                                  projected into the future.                                                                                    exemption; (2) the exemption has
                                                                                                          employed. The driver must have a copy                 resulted in a lower level of safety than
                                                     We believe that the applicants’                      of the certification when driving, for
                                                  intrastate driving experience and history                                                                     was maintained before it was granted; or
                                                                                                          presentation to a duly authorized                     (3) continuation of the exemption would
                                                  provide an adequate basis for predicting
                                                                                                          Federal, State, or local enforcement                  not be consistent with the goals and
                                                  their ability to drive safely in interstate
                                                                                                          official.                                             objectives of 49 U.S.C. 31136 and 31315.
                                                  commerce. Intrastate driving, like
                                                  interstate operations, involves                         V. Discussion of Comments                                If the exemption is still effective at the
                                                  substantial driving on highways on the                                                                        end of the 2-year period, the person may
                                                                                                            FMCSA received no comments in this                  apply to FMCSA for a renewal under
                                                  interstate system and on other roads                    proceeding.
                                                  built to interstate standards. Moreover,                                                                      procedures in effect at that time.
                                                  driving in congested urban areas                        IV. Conclusion                                          Issued on: October 7, 2015.
                                                  exposes the driver to more pedestrian                     Based upon its evaluation of the 45                 Larry W. Minor,
                                                  and vehicular traffic than exists on                    exemption applications, FMCSA                         Associate Administrator for Policy.
                                                  interstate highways. Faster reaction to                 exempts the following drivers from the                [FR Doc. 2015–26248 Filed 10–14–15; 8:45 am]
                                                  traffic and traffic signals is generally                vision requirement in 49 CFR                          BILLING CODE 4910–EX–P
                                                  required because distances between                      391.41(b)(10), subject to the
                                                  them are more compact. These                            requirements cited above (49 CFR
                                                  conditions tax visual capacity and                      391.64(b)):                                           DEPARTMENT OF TRANSPORTATION
                                                  driver response just as intensely as                    Charles R. Airey (MD)
                                                  interstate driving conditions. The                      Harold D. Albrecht (IL)                               Federal Motor Carrier Safety
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  veteran drivers in this proceeding have                 Joseph W. Bahr, Jr. (NJ)                              Administration
                                                  operated CMVs safely under those                        Jerry A. Bordelon (LA)
                                                  conditions for at least 3 years, most for                                                                     [Docket No. FMCSA–2015–0053]
                                                                                                          Stephen C. Brueggeman (KY)
                                                  much longer. Their experience and                       Dale E. Bunke (ID)                                    Qualification of Drivers; Exemption
                                                  driving records lead us to believe that                 James E. Byrne (MO)                                   Applications; Vision
                                                  each applicant is capable of operating in               Larry O. Cheek (CA)
                                                  interstate commerce as safely as he/she                 Louise D. Curtis (FL)                                 AGENCY:Federal Motor Carrier Safety
                                                  has been performing in intrastate                       Marvin P. Cusey (MN)                                  Administration (FMCSA), DOT.


                                             VerDate Sep<11>2014   17:19 Oct 14, 2015   Jkt 238001   PO 00000   Frm 00152   Fmt 4703   Sfmt 4703   E:\FR\FM\15OCN1.SGM   15OCN1



Document Created: 2018-02-27 08:52:26
Document Modified: 2018-02-27 08:52:26
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 August 25, 2015. The exemptions expire on August 25, 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 62161 

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