80_FR_8960 80 FR 8927 - Qualification of Drivers; Exemption Applications; Vision

80 FR 8927 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 33 (February 19, 2015)

Page Range8927-8929
FR Document2015-03461

FMCSA announces its decision to exempt 34 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 33 (Thursday, February 19, 2015)
[Federal Register Volume 80, Number 33 (Thursday, February 19, 2015)]
[Notices]
[Pages 8927-8929]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03461]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0298]


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 34 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 December 24, 2014. The exemptions 
expire on December 24, 2016.

[[Page 8928]]


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 November 24, 2014, FMCSA published a notice of receipt of 
exemption applications from certain individuals, and requested comments 
from the public (79 FR 69985). That notice listed 34 applicants' case 
histories. The 34 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 34 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 34 
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 a prosthetic eye, amblyopia, complete loss of 
vision, optic atrophy, retinal damage, strabismic amblyopia, a corneal 
scar, rubiosis iridis, a macular scar, cataract, ischemic optic 
neuropathy, refractive amblyopia, a scar, and vision loss. In most 
cases, their eye conditions were not recently developed. Twenty-four of 
the applicants were either born with their vision impairments or have 
had them since childhood.
    The ten individuals that sustained their vision conditions as 
adults have had them for a range of four to 34 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 34 drivers have been 
authorized to drive a CMV in intrastate commerce, even though their 
vision disqualified them from driving in interstate commerce. They have 
driven CMVs with their limited vision in careers ranging from three to 
40 years. In the past three years, two of the drivers were involved in 
crashes and three 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 November 24, 2014, 
notice (79 FR 69985).

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

[[Page 8929]]

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 34 applicants, two of the drivers were involved in crashes, and 
three 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 34 applicants listed in the notice of 
November 24, 2014 (79 FR 69985).
    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 34 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.

VI. Conclusion

    Based upon its evaluation of the 34 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)):

Peter H. Bailey (MI)
Dewey E. Ballard, Jr. (SC)
Steven M. Claney (IA)
Thurman T. Clayton, Jr. (LA)
Tig G. Cornell (ID)
Kevin R. Cowger (WY)
Jon R. Davidson (CO)
David R. Demura (TX)
Edwin T. Donaldson (PA)
William W. R. Dunn (PA)
Larry E. Emanuel, Jr. (FL)
Barbara A. Evans (NH)
Russell J. Fisher (MT)
Timothy J. Fisher (FL)
Bradley J. Gaspard (LA)
Perry D. Hamilton (TN)
Jerome A. Henderson (VA)
William A. Hill III (OH)
James C. Jankowski (WI)
Glen L. Joens (IA)
Phillip V. King (KY)
Keith C. Lendt (MN)
Daniel E. Manchester (GA)
Richard B. McMaster (AR)
Joseph McTear, Jr. (TX)
Martin Monta[ntilde]ez (IL)
Lee A. Mosier (IA)
Timothy L. O'Neill (NY)
John W. Randels (CO)
Carl W. Russell (OK)
Valnei L. Santos (FL)
Thomas L. Stanaway (MI)
Daniel R. Thompson (PA)
Luther W. Wieder, Jr. (ME)

    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.

    Dated: February 10, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-03461 Filed 2-18-15; 8:45 am]
BILLING CODE 4910-EX-P



                                                                            Federal Register / Vol. 80, No. 33 / Thursday, February 19, 2015 / Notices                                                 8927

                                                diabetes management, and is on a stable                 employed. The driver must also have a                 Christopher E. Swanson (CA)
                                                insulin regimen. These drivers report no                copy of the certification when driving,               Scott R. Swisher (KS)
                                                other disqualifying conditions,                         for presentation to a duly authorized                 Diana C. Tabala (NY)
                                                including diabetes-related                              Federal, State, or local enforcement                  Brewster E. Thurston (VT)
                                                complications. Each meets the vision                    official.                                             Phillip J. Ulmer (LA)
                                                requirement at 49 CFR 391.41(b)(10).                                                                          Charles A. Walker (IL)
                                                  The qualifications and medical                        VI. Conclusion                                        Roger L. Watt (PA)
                                                condition of each applicant were stated                   Based upon its evaluation of the 66                 John D. Weaver (WY)
                                                and discussed in detail in the December                 exemption applications, FMCSA                         Avery White (GA)
                                                15, 2014, Federal Register notice and                   exempts the following drivers from the                Leroy D. Yost (IA)
                                                they will not be repeated in this notice.               diabetes requirement in 49 CFR                        Wayne W. Zander (SD)
                                                                                                        391.41(b)(10), subject to the                            In accordance with 49 U.S.C. 31136(e)
                                                III. Discussion of Comments
                                                                                                        requirements cited above (49 CFR                      and 31315 each exemption is valid for
                                                   FMCSA received no comments in this                   391.64(b)):                                           two years unless revoked earlier by
                                                proceeding.                                             Eric D. Ambler (WI)                                   FMCSA. The exemption will be revoked
                                                IV. Basis for Exemption Determination                   Clay B. Anderson (IL)                                 if the following occurs: (1) The person
                                                                                                        Gregory C. Bartley (PA)                               fails to comply with the terms and
                                                   Under 49 U.S.C. 31136(e) and 31315,                                                                        conditions of the exemption; (2) the
                                                                                                        Aaron M. Batts (NC)
                                                FMCSA may grant an exemption from                       Nathan R. Batzel (MN)                                 exemption has resulted in a lower level
                                                the diabetes requirement in 49 CFR                      Michael R. Bell (MD)                                  of safety than was maintained before it
                                                391.41(b)(3) if the exemption is likely to              Andrew P. Coffey (CT)                                 was granted; or (3) continuation of the
                                                achieve an equivalent or greater level of               Robert N. Coury (NV)                                  exemption would not be consistent with
                                                safety than would be achieved without                   Jerry A. Cox, Sr. (LA)                                the goals and objectives of 49 U.S.C.
                                                the exemption. The exemption allows                     Lloyd F. Cuckow (CO)                                  31136(e) and 31315. If the exemption is
                                                the applicants to operate CMVs in                       Kenneth B. Dennard (GA)                               still effective at the end of the 2-year
                                                interstate commerce.                                    Eric Q. Dickerson (IN)                                period, the person may apply to FMCSA
                                                   To evaluate the effect of these                      James P. Dreifuerst (WI)                              for a renewal under procedures in effect
                                                exemptions on safety, FMCSA                             Billy D. Dryer (MO)                                   at that time.
                                                considered medical reports about the                    James H. Elliott (OH)
                                                applicants’ ITDM and vision, and                                                                                Dated: February 10, 2015.
                                                                                                        Domenic R. Folino (PA)
                                                reviewed the treating endocrinologists’                 Jimmie W. Grist (ID)                                  Larry W. Minor,
                                                medical opinion related to the ability of               Scott M. Guyette (WI)                                 Associate Administrator for Policy.
                                                the driver to safely operate a CMV while                Carl D. Hall (KY)                                     [FR Doc. 2015–03459 Filed 2–18–15; 8:45 am]
                                                using insulin.                                          Howard M. Hammel (NJ)                                 BILLING CODE 4910–EX–P
                                                   Consequently, FMCSA finds that in                    Derrick D. Harris (IL)
                                                each case exempting these applicants                    Terry M. Jacobson (WI)
                                                from the diabetes requirement in 49 CFR                 Kevin R. Johnson (MI)                                 DEPARTMENT OF TRANSPORTATION
                                                391.41(b)(3) is likely to achieve a level               Martin S. Kiss (IL)
                                                of safety equal to that existing without                Robert S. Krueger (WA)                                Federal Motor Carrier Safety
                                                the exemption.                                          David J. Long (PA)                                    Administration
                                                V. Conditions and Requirements                          Michael R. Ludowese (MN)                              [Docket No. FMCSA–2014–0298]
                                                                                                        David P. Magee (MO)
                                                   The terms and conditions of the                      Gary F. Marson (WI)                                   Qualification of Drivers; Exemption
                                                exemption will be provided to the                       Steven R. Mc Clain (IL)                               Applications; Vision
                                                applicants in the exemption document                    Arthur D. McFadden, Sr. (IA)
                                                and they include the following: (1) That                Elbert J. Means (SC)                                  AGENCY: Federal Motor Carrier Safety
                                                each individual submit a quarterly                      James A. Meridith (MI)                                Administration (FMCSA), DOT.
                                                monitoring checklist completed by the                   Richard A. Moore (PA)                                 ACTION: Notice of final disposition.
                                                treating endocrinologist as well as an                  Keith B. Muehler (ND)
                                                annual checklist with a comprehensive                   John K. Murray (NY)                                   SUMMARY:    FMCSA announces its
                                                medical evaluation; (2) that each                       Harold N. Myers (IA)                                  decision to exempt 34 individuals from
                                                individual reports within 2 business                    Clayton L. Neuhauser (ND)                             the vision requirement in the Federal
                                                days of occurrence, all episodes of                     Eugene E. Patterson, III (TX)                         Motor Carrier Safety Regulations
                                                severe hypoglycemia, significant                        John D. Pede, Jr. (PA)                                (FMCSRs). They are unable to meet the
                                                complications, or inability to manage                   Jack E. Pollock (GA)                                  vision requirement in one eye for
                                                diabetes; also, any involvement in an                   John F. Prophet (FL)                                  various reasons. The exemptions will
                                                accident or any other adverse event in                  David M. Pullen (VA)                                  enable these individuals to operate
                                                a CMV or personal vehicle, whether or                   Dominic F. Quartullo (WI)                             commercial motor vehicles (CMVs) in
                                                not it is related to an episode of                      David Quintrall (WY)                                  interstate commerce without meeting
                                                hypoglycemia; (3) that each individual                  Michael E. Reed (IA)                                  the prescribed vision requirement in
                                                provide a copy of the ophthalmologist’s                 Carlos B. Rodriguez (NY)                              one eye. The Agency has concluded that
emcdonald on DSK67QTVN1PROD with NOTICES




                                                or optometrist’s report to the medical                  Marvin A. Ryan (IN)                                   granting these exemptions will provide
                                                examiner at the time of the annual                      David J. Sierra (NJ)                                  a level of safety that is equivalent to or
                                                medical examination; and (4) that each                  Larry D. Small (NJ)                                   greater than the level of safety
                                                individual provide a copy of the annual                 Roger E. Smith (IA)                                   maintained without the exemptions for
                                                medical certification to the employer for               Terrell W. Smith (PA)                                 these CMV drivers.
                                                retention in the driver’s qualification                 Anthony L. Spratto (WI)                               DATES: The exemptions were granted
                                                file, or keep a copy in his/her driver’s                Timothy R. Stephens (KS)                              December 24, 2014. The exemptions
                                                qualification file if he/she is self-                   Howard C. Stines (TN)                                 expire on December 24, 2016.


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                                                8928                        Federal Register / Vol. 80, No. 33 / Thursday, February 19, 2015 / Notices

                                                FOR FURTHER INFORMATION CONTACT:                           A person is physically qualified to                In the past three years, two of the
                                                Charles A. Horan, III, Director, Carrier,               drive a commercial motor vehicle if that              drivers were involved in crashes and
                                                Driver and Vehicle Safety Standards,                    person has distant visual acuity of at                three were convicted of moving
                                                (202) 366–4001, fmcsamedical@dot.gov,                   least 20/40 (Snellen) in each eye                     violations in a CMV.
                                                FMCSA, Department of Transportation,                    without corrective lenses or visual                     The qualifications, experience, and
                                                1200 New Jersey Avenue SE., Room                        acuity separately corrected to 20/40                  medical condition of each applicant
                                                W64–224, Washington, DC 20590–0001.                     (Snellen) or better with corrective                   were stated and discussed in detail in
                                                Office hours are from 8:30 a.m. to 5                    lenses, distant binocular acuity of a least           the November 24, 2014, notice (79 FR
                                                p.m., Monday through Friday, except                     20/40 (Snellen) in both eyes with or                  69985).
                                                Federal holidays. If you have questions                 without corrective lenses, field of vision
                                                on viewing or submitting material to the                of at least 70° in the horizontal meridian            IV. Basis for Exemption Determination
                                                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 34 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 a prosthetic eye,                  permitting each of these drivers to drive
                                                West Building, 1200 New Jersey Avenue                   amblyopia, complete loss of vision,                   in interstate commerce as opposed to
                                                SE., Washington, DC, between 9 a.m.                     optic atrophy, retinal damage,                        restricting him or her to driving in
                                                and 5 p.m., Monday through Friday,                      strabismic amblyopia, a corneal scar,                 intrastate commerce.
                                                except Federal holidays.                                rubiosis iridis, a macular scar, cataract,               To evaluate the effect of these
                                                   Privacy Act: In accordance with 5                    ischemic optic neuropathy, refractive                 exemptions on safety, FMCSA
                                                U.S.C. 553(c), DOT solicits comments                    amblyopia, a scar, and vision loss. In                considered the medical reports about
                                                from the public to better inform its                    most cases, their eye conditions were
                                                                                                                                                              the applicants’ vision as well as their
                                                rulemaking process. DOT posts these                     not recently developed. Twenty-four of
                                                                                                                                                              driving records and experience with the
                                                comments, without edit, including any                   the applicants were either born with
                                                                                                                                                              vision deficiency.
                                                personal information the commenter                      their vision impairments or have had
                                                                                                        them since childhood.                                    To qualify for an exemption from the
                                                provides, to www.regulations.gov, as
                                                                                                           The ten individuals that sustained                 vision requirement, FMCSA requires a
                                                described in the system of records
                                                                                                        their vision conditions as adults have                person to present verifiable evidence
                                                notice (DOT/ALL–14 FDMS), which can
                                                                                                        had them for a range of four to 34 years.             that he/she has driven a commercial
                                                be reviewed at www.dot.gov/privacy.
                                                                                                           Although each applicant has one eye                vehicle safely with the vision deficiency
                                                II. Background                                          which does not meet the vision                        for the past 3 years. Recent driving
                                                   On November 24, 2014, FMCSA                          requirement in 49 CFR 391.41(b)(10),                  performance is especially important in
                                                published a notice of receipt of                        each has at least 20/40 corrected vision              evaluating future safety, according to
                                                exemption applications from certain                     in the other eye, and in a doctor’s                   several research studies designed to
                                                individuals, and requested comments                     opinion, has sufficient vision to perform             correlate past and future driving
                                                from the public (79 FR 69985). That                     all the tasks necessary to operate a CMV.             performance. Results of these studies
                                                notice listed 34 applicants’ case                       Doctors’ opinions are supported by the                support the principle that the best
                                                histories. The 34 individuals applied for               applicants’ possession of valid                       predictor of future performance by a
                                                exemptions from the vision requirement                  commercial driver’s licenses (CDLs) or                driver is his/her past record of crashes
                                                in 49 CFR 391.41(b)(10), for drivers who                non-CDLs to operate CMVs. Before                      and traffic violations. Copies of the
                                                operate CMVs in interstate commerce.                    issuing CDLs, States subject drivers to               studies may be found at Docket Number
                                                   Under 49 U.S.C. 31136(e) and 31315,                  knowledge and skills tests designed to                FMCSA–1998–3637.
                                                FMCSA may grant an exemption for a 2-                   evaluate their qualifications to operate a               FMCSA believes it can properly apply
                                                year period if it finds ‘‘such exemption                CMV.                                                  the principle to monocular drivers,
                                                would likely achieve a level of safety                     All of these applicants satisfied the              because data from the Federal Highway
                                                that is equivalent to or greater than the               testing requirements for their State of               Administration’s (FHWA) former waiver
                                                level that would be achieved absent                     residence. By meeting State licensing                 study program clearly demonstrate the
                                                such exemption.’’ The statute also                      requirements, the applicants                          driving performance of experienced
                                                allows the Agency to renew exemptions                   demonstrated their ability to operate a               monocular drivers in the program is
                                                at the end of the 2-year period.                        CMV, with their limited vision, to the                better than that of all CMV drivers
                                                Accordingly, FMCSA has evaluated the                    satisfaction of the State.                            collectively (See 61 FR 13338, 13345,
emcdonald on DSK67QTVN1PROD with NOTICES




                                                34 applications on their merits and                        While possessing a valid CDL or non-               March 26, 1996). The fact that
                                                made a determination to grant                           CDL, these 34 drivers have been                       experienced monocular drivers
                                                exemptions to each of them.                             authorized to drive a CMV in intrastate               demonstrated safe driving records in the
                                                                                                        commerce, even though their vision                    waiver program supports a conclusion
                                                III. Vision and Driving Experience of                   disqualified them from driving in                     that other monocular drivers, meeting
                                                the Applicants                                          interstate commerce. They have driven                 the same qualifying conditions as those
                                                   The vision requirement in the                        CMVs with their limited vision in                     required by the waiver program, are also
                                                FMCSRs provides:                                        careers ranging from three to 40 years.               likely to have adapted to their vision


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                                                                            Federal Register / Vol. 80, No. 33 / Thursday, February 19, 2015 / Notices                                                 8929

                                                deficiency and will continue to operate                 driver response just as intensely as                  Peter H. Bailey (MI)
                                                safely.                                                 interstate driving conditions. The                    Dewey E. Ballard, Jr. (SC)
                                                   The first major research correlating                 veteran drivers in this proceeding have               Steven M. Claney (IA)
                                                past and future performance was done                    operated CMVs safely under those                      Thurman T. Clayton, Jr. (LA)
                                                in England by Greenwood and Yule in                     conditions for at least 3 years, most for             Tig G. Cornell (ID)
                                                1920. Subsequent studies, building on                   much longer. Their experience and                     Kevin R. Cowger (WY)
                                                that model, concluded that crash rates                  driving records lead us to believe that               Jon R. Davidson (CO)
                                                for the same individual exposed to                      each applicant is capable of operating in             David R. Demura (TX)
                                                certain risks for two different time                    interstate commerce as safely as he/she               Edwin T. Donaldson (PA)
                                                periods vary only slightly (See Bates                   has been performing in intrastate                     William W. R. Dunn (PA)
                                                and Neyman, University of California                    commerce. Consequently, FMCSA finds                   Larry E. Emanuel, Jr. (FL)
                                                Publications in Statistics, April 1952).                that exempting these applicants from                  Barbara A. Evans (NH)
                                                Other studies demonstrated theories of                  the vision requirement in 49 CFR                      Russell J. Fisher (MT)
                                                predicting crash proneness from crash                   391.41(b)(10) is likely to achieve a level            Timothy J. Fisher (FL)
                                                history coupled with other factors.                     of safety equal to that existing without              Bradley J. Gaspard (LA)
                                                These factors—such as age, sex,                         the exemption. For this reason, the                   Perry D. Hamilton (TN)
                                                geographic location, mileage driven and                 Agency is granting the exemptions for                 Jerome A. Henderson (VA)
                                                conviction history—are used every day                   the 2-year period allowed by 49 U.S.C.                William A. Hill III (OH)
                                                by insurance companies and motor                        31136(e) and 31315 to the 34 applicants               James C. Jankowski (WI)
                                                vehicle bureaus to predict the                          listed in the notice of November 24,                  Glen L. Joens (IA)
                                                probability of an individual                            2014 (79 FR 69985).                                   Phillip V. King (KY)
                                                experiencing future crashes (See Weber,                    We recognize that the vision of an                 Keith C. Lendt (MN)
                                                Donald C., ‘‘Accident Rate Potential: An                applicant may change and affect his/her               Daniel E. Manchester (GA)
                                                Application of Multiple Regression                      ability to operate a CMV as safely as in              Richard B. McMaster (AR)
                                                Analysis of a Poisson Process,’’ Journal                the past. As a condition of the                       Joseph McTear, Jr. (TX)
                                                of American Statistical Association,                    exemption, therefore, FMCSA will                      Martin Montañez (IL)
                                                June 1971). A 1964 California Driver                    impose requirements on the 34                         Lee A. Mosier (IA)
                                                Record Study prepared by the California                 individuals consistent with the                       Timothy L. O’Neill (NY)
                                                Department of Motor Vehicles                            grandfathering provisions applied to                  John W. Randels (CO)
                                                concluded that the best overall crash                   drivers who participated in the                       Carl W. Russell (OK)
                                                predictor for both concurrent and                       Agency’s vision waiver program.                       Valnei L. Santos (FL)
                                                nonconcurrent events is the number of                      Those requirements are found at 49                 Thomas L. Stanaway (MI)
                                                single convictions. This study used 3                   CFR 391.64(b) and include the                         Daniel R. Thompson (PA)
                                                consecutive years of data, comparing the                following: (1) That each individual be                Luther W. Wieder, Jr. (ME)
                                                experiences of drivers in the first 2 years             physically examined every year (a) by                    In accordance with 49 U.S.C. 31136(e)
                                                with their experiences in the final year.               an ophthalmologist or optometrist who                 and 31315, each exemption will be valid
                                                   Applying principles from these                       attests that the vision in the better eye             for 2 years unless revoked earlier by
                                                studies to the past 3-year record of the                continues to meet the requirement in 49               FMCSA. The exemption will be revoked
                                                34 applicants, two of the drivers were                  CFR 391.41(b)(10) and (b) by a medical
                                                involved in crashes, and three were                                                                           if: (1) The person fails to comply with
                                                                                                        examiner who attests that the individual              the terms and conditions of the
                                                convicted of moving violations in a                     is otherwise physically qualified under
                                                CMV. All the applicants achieved a                                                                            exemption; (2) the exemption has
                                                                                                        49 CFR 391.41; (2) that each individual               resulted in a lower level of safety than
                                                record of safety while driving with their               provide a copy of the ophthalmologist’s
                                                vision impairment, demonstrating the                                                                          was maintained before it was granted; or
                                                                                                        or optometrist’s report to the medical                (3) continuation of the exemption would
                                                likelihood that they have adapted their                 examiner at the time of the annual
                                                driving skills to accommodate their                                                                           not be consistent with the goals and
                                                                                                        medical examination; and (3) that each                objectives of 49 U.S.C. 31136 and 31315.
                                                condition. As the applicants’ ample                     individual provide a copy of the annual
                                                driving histories with their vision                                                                              If the exemption is still effective at the
                                                                                                        medical certification to the employer for             end of the 2-year period, the person may
                                                deficiencies are good predictors of                     retention in the driver’s qualification
                                                future performance, FMCSA concludes                                                                           apply to FMCSA for a renewal under
                                                                                                        file, or keep a copy in his/her driver’s              procedures in effect at that time.
                                                their ability to drive safely can be                    qualification file if he/she is self-
                                                projected into the future.                              employed. The driver must have a copy                   Dated: February 10, 2015.
                                                   We believe that the applicants’                      of the certification when driving, for                Larry W. Minor,
                                                intrastate driving experience and history               presentation to a duly authorized                     Associate Administrator for Policy.
                                                provide an adequate basis for predicting                Federal, State, or local enforcement                  [FR Doc. 2015–03461 Filed 2–18–15; 8:45 am]
                                                their ability to drive safely in interstate             official.                                             BILLING CODE 4910–EX–P
                                                commerce. Intrastate driving, like
                                                interstate operations, involves                         V. Discussion of Comments
                                                substantial driving on highways on the                    FMCSA received no comments in this                  DEPARTMENT OF TRANSPORTATION
                                                interstate system and on other roads                    proceeding.
                                                built to interstate standards. Moreover,                                                                      Federal Motor Carrier Safety
                                                                                                        VI. Conclusion
emcdonald on DSK67QTVN1PROD with NOTICES




                                                driving in congested urban areas                                                                              Administration
                                                exposes the driver to more pedestrian                     Based upon its evaluation of the 34
                                                and vehicular traffic than exists on                    exemption applications, FMCSA                         [Docket No. FMCSA- 2014–0313]
                                                interstate highways. Faster reaction to                 exempts the following drivers from the                Qualification of Drivers; Exemption
                                                traffic and traffic signals is generally                vision requirement in 49 CFR                          Applications; Diabetes Mellitus
                                                required because distances between                      391.41(b)(10), subject to the
                                                them are more compact. These                            requirements cited above (49 CFR                      AGENCY:Federal Motor Carrier Safety
                                                conditions tax visual capacity and                      391.64(b)):                                           Administration (FMCSA).


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Document Created: 2018-02-16 11:12:45
Document Modified: 2018-02-16 11:12:45
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 December 24, 2014. The exemptions expire on December 24, 2016.
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 8927 

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