80_FR_62362 80 FR 62163 - Qualification of Drivers; Exemption Applications; Vision

80 FR 62163 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

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

Page Range62163-62165
FR Document2015-26242

FMCSA announces its decision to exempt 27 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 62163-62165]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26242]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0053]


Qualification of Drivers; Exemption Applications; Vision

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

[[Page 62164]]


ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt 27 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 13, 2015. The exemptions 
expire on August 13, 2017.

FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director, 
Carrier, Driver and Vehicle Safety Standards, (202) 366-4001, 
fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New 
Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office 
hours are from 8:30 a.m. to 5 p.m., Monday through Friday, except 
Federal holidays. If you have questions on viewing or submitting 
material to the docket, contact Docket Services, telephone (202) 366-
9826.

SUPPLEMENTARY INFORMATION:

I. Electronic Access

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

II. Background

    On July 13, 2015, FMCSA published a notice of receipt of exemption 
applications from certain individuals, and requested comments from the 
public (80 FR 40122). That notice listed 27 applicants' case histories. 
The 27 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 27 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 27 
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 esotropia, strabismic amblyopia, amblyopia, aphakia, 
torn iris, farsightedness, complete loss of vision, keratoconnus, 
prosthetic eye, no light perception, exudative retinopathy, central 
vein occlusion, corneal scar, phthisis bulbi, optic nerve damage, 
refractive amblyopia, and retinal detachment. In most cases, their eye 
conditions were not recently developed. Sixteen of the applicants were 
either born with their vision impairments or have had them since 
childhood.
    The 11 individuals that sustained their vision conditions as adults 
have had it for a range of four to 45 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 27 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 three to 
49 years. In the past three years, two 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 July 13, 2015 
notice (80 FR 40122).

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

[[Page 62165]]

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 27 applicants, two 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 27 applicants listed in the notice of July 
13, 2015 (80 FR 40122).
    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 27 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 27 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)):

Joel D. Barchard (MA)
Homer L. Butler (PA)
William D. Cherry (MA)
Thomas W. Chism (KS)
Pedro Del Bosque (TX)
Anthony C. DeNaples (PA)
Michael R. Doerr (ID)
Mark J. Dufresne (NH)
Edward Dugue III (NC)
Adoum H. Fadoul (IN)
Larry R. Hayes, Jr. (KS)
Bradley A. Hetrick (PA)
Wayne E. Jakob (IL)
Michael A. Kimbler (TX)
Colon W. King (ME)
Earney J. Knox (MO)
James R. Leoffler, Jr. (CO)
Jimmy D. Mannis (AR)
George A. McCue (NV)
Kevin D. Mendoza (WA)
Stephen M. Nomack (CT)
James Smentkowski (NJ)
Neil G. Sturges (NY)
Travis L. Watson (TN)
Bruce W. Williams (IL)
Norman G. Wooten (TX)
Kurt A. Yoder (OH)

    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. 2015-26242 Filed 10-14-15; 8:45 am]
 BILLING CODE 4910-EX-P



                                                                              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
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                                                  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


                                                  62164                       Federal Register / Vol. 80, No. 199 / Thursday, October 15, 2015 / Notices

                                                  ACTION:   Notice of final disposition.                  individuals applied for exemptions from               Doctors’ opinions are supported by the
                                                                                                          the vision requirement in 49 CFR                      applicants’ possession of valid
                                                  SUMMARY:    FMCSA announces its                         391.41(b)(10), for drivers who operate                commercial driver’s licenses (CDLs) or
                                                  decision to exempt 27 individuals from                  CMVs in interstate commerce.                          non-CDLs to operate CMVs. Before
                                                  the vision requirement in the Federal                      Under 49 U.S.C. 31136(e) and 31315,                issuing CDLs, States subject drivers to
                                                  Motor Carrier Safety Regulations                        FMCSA may grant an exemption for a 2-                 knowledge and skills tests designed to
                                                  (FMCSRs). They are unable to meet the                   year period if it finds ‘‘such exemption              evaluate their qualifications to operate a
                                                  vision requirement in one eye for                       would likely achieve a level of safety                CMV.
                                                  various reasons. The exemptions will                    that is equivalent to or greater than the                All of these applicants satisfied the
                                                  enable these individuals to operate                     level that would be achieved absent                   testing requirements for their State of
                                                  commercial motor vehicles (CMVs) in                     such exemption.’’ The statute also                    residence. By meeting State licensing
                                                  interstate commerce without meeting                     allows the Agency to renew exemptions                 requirements, the applicants
                                                  the prescribed vision requirement in                    at the end of the 2-year period.                      demonstrated their ability to operate a
                                                  one eye. The Agency has concluded that                  Accordingly, FMCSA has evaluated the                  CMV, with their limited vision, to the
                                                  granting these exemptions will provide                  27 applications on their merits and                   satisfaction of the State.
                                                  a level of safety that is equivalent to or              made a determination to grant                            While possessing a valid CDL or non-
                                                  greater than the level of safety                        exemptions to each of them.                           CDL, these 27 drivers have been
                                                  maintained without the exemptions for                                                                         authorized to drive a CMV in intrastate
                                                  these CMV drivers.                                      III. Vision and Driving Experience of                 commerce, even though their vision
                                                  DATES: The exemptions were granted                      the Applicants                                        disqualified them from driving in
                                                  August 13, 2015. The exemptions expire                     The vision requirement in the                      interstate commerce. They have driven
                                                  on August 13, 2017.                                     FMCSRs provides:                                      CMVs with their limited vision in
                                                  FOR FURTHER INFORMATION CONTACT:                           A person is physically qualified to                careers ranging for three to 49 years. In
                                                  Charles A. Horan, III, Director, Carrier,               drive a commercial motor vehicle if that              the past three years, two drivers were
                                                  Driver and Vehicle Safety Standards,                    person has distant visual acuity of at                involved in crashes, and no drivers were
                                                  (202) 366–4001, fmcsamedical@dot.gov,                   least 20/40 (Snellen) in each eye                     convicted of moving violations in a
                                                  FMCSA, Department of Transportation,                    without corrective lenses or visual                   CMV.
                                                  1200 New Jersey Avenue SE., Room                        acuity separately corrected to 20/40                     The qualifications, experience, and
                                                  W64–224, Washington, DC 20590–0001.                     (Snellen) or better with corrective                   medical condition of each applicant
                                                  Office hours are from 8:30 a.m. to 5                    lenses, distant binocular acuity of a least           were stated and discussed in detail in
                                                  p.m., Monday through Friday, except                     20/40 (Snellen) in both eyes with or                  the July 13, 2015 notice (80 FR 40122).
                                                  Federal holidays. If you have questions                 without corrective lenses, field of vision
                                                                                                          of at least 70° in the horizontal meridian            Basis for Exemption Determination
                                                  on viewing or submitting material to the
                                                  docket, contact Docket Services,                        in each eye, and the ability to recognize               Under 49 U.S.C. 31136(e) and 31315,
                                                  telephone (202) 366–9826.                               the colors of traffic signals and devices             FMCSA may grant an exemption from
                                                  SUPPLEMENTARY INFORMATION:                              showing red, green, and amber (49 CFR                 the vision requirement in 49 CFR
                                                                                                          391.41(b)(10)).                                       391.41(b)(10) if the exemption is likely
                                                  I. Electronic Access                                       FMCSA recognizes that some drivers                 to achieve an equivalent or greater level
                                                     You may see all the comments online                  do not meet the vision requirement but                of safety than would be achieved
                                                  through the Federal Document                            have adapted their driving to                         without the exemption. Without the
                                                  Management System (FDMS) at http://                     accommodate their vision limitation                   exemption, applicants will continue to
                                                  www.regulations.gov.                                    and demonstrated their ability to drive               be restricted to intrastate driving. With
                                                     Docket: For access to the docket to                  safely. The 27 exemption applicants                   the exemption, applicants can drive in
                                                  read background documents or                            listed in this notice are in this category.           interstate commerce. Thus, our analysis
                                                  comments, go to http://                                 They are unable to meet the vision                    focuses on whether an equal or greater
                                                  www.regulations.gov and/or Room                         requirement in one eye for various                    level of safety is likely to be achieved by
                                                  W12–140 on the ground level of the                      reasons, including esotropia, strabismic              permitting each of these drivers to drive
                                                  West Building, 1200 New Jersey Avenue                   amblyopia, amblyopia, aphakia, torn                   in interstate commerce as opposed to
                                                  SE., Washington, DC, between 9 a.m.                     iris, farsightedness, complete loss of                restricting him or her to driving in
                                                  and 5 p.m., Monday through Friday,                      vision, keratoconnus, prosthetic eye, no              intrastate commerce.
                                                  except Federal holidays.                                light perception, exudative retinopathy,                To evaluate the effect of these
                                                     Privacy Act: In accordance with 5                    central vein occlusion, corneal scar,                 exemptions on safety, FMCSA
                                                  U.S.C. 553(c), DOT solicits comments                    phthisis bulbi, optic nerve damage,                   considered the medical reports about
                                                  from the public to better inform its                    refractive amblyopia, and retinal                     the applicants’ vision as well as their
                                                  rulemaking process. DOT posts these                     detachment. In most cases, their eye                  driving records and experience with the
                                                  comments, without edit, including any                   conditions were not recently developed.               vision deficiency.
                                                  personal information the commenter                      Sixteen of the applicants were either                   To qualify for an exemption from the
                                                  provides, to www.regulations.gov, as                    born with their vision impairments or                 vision requirement, FMCSA requires a
                                                  described in the system of records                      have had them since childhood.                        person to present verifiable evidence
                                                  notice (DOT/ALL–14 FDMS), which can                        The 11 individuals that sustained                  that he/she has driven a commercial
                                                  be reviewed at www.dot.gov/privacy.                     their vision conditions as adults have                vehicle safely with the vision deficiency
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                                                                                                          had it for a range of four to 45 years.               for the past 3 years. Recent driving
                                                  II. Background                                             Although each applicant has one eye                performance is especially important in
                                                     On July 13, 2015, FMCSA published                    which does not meet the vision                        evaluating future safety, according to
                                                  a notice of receipt of exemption                        requirement in 49 CFR 391.41(b)(10),                  several research studies designed to
                                                  applications from certain individuals,                  each has at least 20/40 corrected vision              correlate past and future driving
                                                  and requested comments from the                         in the other eye, and in a doctor’s                   performance. Results of these studies
                                                  public (80 FR 40122). That notice listed                opinion, has sufficient vision to perform             support the principle that the best
                                                  27 applicants’ case histories. The 27                   all the tasks necessary to operate a CMV.             predictor of future performance by a


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                                                                              Federal Register / Vol. 80, No. 199 / Thursday, October 15, 2015 / Notices                                               62165

                                                  driver is his/her past record of crashes                deficiencies are good predictors of                   retention in the driver’s qualification
                                                  and traffic violations. Copies of the                   future performance, FMCSA concludes                   file, or keep a copy in his/her driver’s
                                                  studies may be found at Docket Number                   their ability to drive safely can be                  qualification file if he/she is self-
                                                  FMCSA–1998–3637.                                        projected into the future.                            employed. The driver must have a copy
                                                     FMCSA believes it can properly apply                    We believe that the applicants’                    of the certification when driving, for
                                                  the principle to monocular drivers,                     intrastate driving experience and history             presentation to a duly authorized
                                                  because data from the Federal Highway                   provide an adequate basis for predicting              Federal, State, or local enforcement
                                                  Administration’s (FHWA) former waiver                   their ability to drive safely in interstate           official.
                                                  study program clearly demonstrate the                   commerce. Intrastate driving, like
                                                  driving performance of experienced                      interstate operations, involves                       V. Discussion of Comments
                                                  monocular drivers in the program is                     substantial driving on highways on the                  FMCSA received no comments in this
                                                  better than that of all CMV drivers                     interstate system and on other roads                  proceeding.
                                                  collectively (See 61 FR 13338, 13345,                   built to interstate standards. Moreover,
                                                                                                                                                                IV. Conclusion
                                                  March 26, 1996). The fact that                          driving in congested urban areas
                                                  experienced monocular drivers                           exposes the driver to more pedestrian                    Based upon its evaluation of the 27
                                                  demonstrated safe driving records in the                and vehicular traffic than exists on                  exemption applications, FMCSA
                                                  waiver program supports a conclusion                    interstate highways. Faster reaction to               exempts the following drivers from the
                                                  that other monocular drivers, meeting                   traffic and traffic signals is generally              vision requirement in 49 CFR
                                                  the same qualifying conditions as those                 required because distances between                    391.41(b)(10), subject to the
                                                  required by the waiver program, are also                them are more compact. These                          requirements cited above (49 CFR
                                                  likely to have adapted to their vision                  conditions tax visual capacity and                    391.64(b)):
                                                  deficiency and will continue to operate                 driver response just as intensely as                  Joel D. Barchard (MA)
                                                  safely.                                                 interstate driving conditions. The                    Homer L. Butler (PA)
                                                     The first major research correlating                 veteran drivers in this proceeding have               William D. Cherry (MA)
                                                  past and future performance was done                    operated CMVs safely under those                      Thomas W. Chism (KS)
                                                  in England by Greenwood and Yule in                     conditions for at least 3 years, most for             Pedro Del Bosque (TX)
                                                  1920. Subsequent studies, building on                   much longer. Their experience and                     Anthony C. DeNaples (PA)
                                                  that model, concluded that crash rates                  driving records lead us to believe that               Michael R. Doerr (ID)
                                                  for the same individual exposed to                      each applicant is capable of operating in             Mark J. Dufresne (NH)
                                                  certain risks for two different time                    interstate commerce as safely as he/she               Edward Dugue III (NC)
                                                  periods vary only slightly (See Bates                   has been performing in intrastate                     Adoum H. Fadoul (IN)
                                                  and Neyman, University of California                    commerce. Consequently, FMCSA finds                   Larry R. Hayes, Jr. (KS)
                                                  Publications in Statistics, April 1952).                                                                      Bradley A. Hetrick (PA)
                                                                                                          that exempting these applicants from
                                                  Other studies demonstrated theories of                                                                        Wayne E. Jakob (IL)
                                                                                                          the vision requirement in 49 CFR                      Michael A. Kimbler (TX)
                                                  predicting crash proneness from crash                   391.41(b)(10) is likely to achieve a level            Colon W. King (ME)
                                                  history coupled with other factors.                     of safety equal to that existing without              Earney J. Knox (MO)
                                                  These factors—such as age, sex,                         the exemption. For this reason, the                   James R. Leoffler, Jr. (CO)
                                                  geographic location, mileage driven and                 Agency is granting the exemptions for                 Jimmy D. Mannis (AR)
                                                  conviction history—are used every day                   the 2-year period allowed by 49 U.S.C.                George A. McCue (NV)
                                                  by insurance companies and motor                        31136(e) and 31315 to the 27 applicants               Kevin D. Mendoza (WA)
                                                  vehicle bureaus to predict the                          listed in the notice of July 13, 2015 (80             Stephen M. Nomack (CT)
                                                  probability of an individual                            FR 40122).                                            James Smentkowski (NJ)
                                                  experiencing future crashes (See Weber,                    We recognize that the vision of an                 Neil G. Sturges (NY)
                                                  Donald C., ‘‘Accident Rate Potential: An                applicant may change and affect his/her               Travis L. Watson (TN)
                                                  Application of Multiple Regression                      ability to operate a CMV as safely as in              Bruce W. Williams (IL)
                                                  Analysis of a Poisson Process,’’ Journal                the past. As a condition of the                       Norman G. Wooten (TX)
                                                  of American Statistical Association,                    exemption, therefore, FMCSA will                      Kurt A. Yoder (OH)
                                                  June 1971). A 1964 California Driver                    impose requirements on the 27                            In accordance with 49 U.S.C. 31136(e)
                                                  Record Study prepared by the California                 individuals consistent with the                       and 31315, each exemption will be valid
                                                  Department of Motor Vehicles                            grandfathering provisions applied to                  for 2 years unless revoked earlier by
                                                  concluded that the best overall crash                   drivers who participated in the                       FMCSA. The exemption will be revoked
                                                  predictor for both concurrent and                       Agency’s vision waiver program.                       if: (1) The person fails to comply with
                                                  nonconcurrent events is the number of                      Those requirements are found at 49                 the terms and conditions of the
                                                  single convictions. This study used 3                   CFR 391.64(b) and include the                         exemption; (2) the exemption has
                                                  consecutive years of data, comparing the                following: (1) That each individual be                resulted in a lower level of safety than
                                                  experiences of drivers in the first 2 years             physically examined every year (a) by                 was maintained before it was granted; or
                                                  with their experiences in the final year.               an ophthalmologist or optometrist who                 (3) continuation of the exemption would
                                                     Applying principles from these                       attests that the vision in the better eye             not be consistent with the goals and
                                                  studies to the past 3-year record of the                continues to meet the requirement in 49               objectives of 49 U.S.C. 31136 and 31315.
                                                  27 applicants, two drivers were                         CFR 391.41(b)(10) and (b) by a medical                   If the exemption is still effective at the
                                                  involved in crashes, and no drivers were                examiner who attests that the individual              end of the 2-year period, the person may
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                                                  convicted of moving violations in a                     is otherwise physically qualified under               apply to FMCSA for a renewal under
                                                  CMV. All the applicants achieved a                      49 CFR 391.41; (2) that each individual               procedures in effect at that time.
                                                  record of safety while driving with their               provide a copy of the ophthalmologist’s
                                                  vision impairment, demonstrating the                    or optometrist’s report to the medical                  Issued on: October 7, 2015.
                                                  likelihood that they have adapted their                 examiner at the time of the annual                    Larry W. Minor,
                                                  driving skills to accommodate their                     medical examination; and (3) that each                Associate Administrator for Policy.
                                                  condition. As the applicants’ ample                     individual provide a copy of the annual               [FR Doc. 2015–26242 Filed 10–14–15; 8:45 am]
                                                  driving histories with their vision                     medical certification to the employer for             BILLING CODE 4910–EX–P




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Document Created: 2018-02-27 08:52:35
Document Modified: 2018-02-27 08:52:35
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 13, 2015. The exemptions expire on August 13, 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 62163 

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