80_FR_9338 80 FR 9304 - Qualification of Drivers; Exemption Applications; Vision

80 FR 9304 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 34 (February 20, 2015)

Page Range9304-9306
FR Document2015-03240

FMCSA announces its decision to exempt 24 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 34 (Friday, February 20, 2015)
[Federal Register Volume 80, Number 34 (Friday, February 20, 2015)]
[Notices]
[Pages 9304-9306]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03240]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0299]


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 24 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 January 10, 2015. The exemptions 
expire on January 10, 2017.

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

SUPPLEMENTARY INFORMATION: 

I. Electronic Access

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

II. Background

    On December 10, 2014, FMCSA published a notice of receipt of 
exemption applications from certain individuals, and requested comments 
from the public (79 FR 73397). That notice listed 24 applicants' case 
histories. The 24 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 24 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

[[Page 9305]]

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 24 
exemption applicants listed in this notice are in this category. They 
are unable to meet the vision requirement in one eye for various 
reasons, including amblyopia, loss of vision, retinal detachment, 
corneal scarring, retinal scar, amblyopia with refractive error, 
enucleation, cataract, phthisical, refractive amblyopia, open globe 
trauma, optic atrophy, amblyopic vision loss, aphakia, optic atrophy, 
Lasik vision complication, and cyclodialysis. 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 eight individuals that sustained their vision conditions as 
adults have had them for a range of four to 44 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 24 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 1.5 to 42 
years. In the past three years, one of the drivers was involved in a 
crash and two 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 December 10, 2014, 
notice (79 FR 73397).

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the vision requirement in 49 CFR 391.41(b)(10) if the exemption is 
likely to achieve an equivalent or greater level of safety than would 
be achieved without the exemption. Without the exemption, applicants 
will continue to be restricted to intrastate driving. With the 
exemption, applicants can drive in interstate commerce. Thus, our 
analysis focuses on whether an equal or greater level of safety is 
likely to be achieved by permitting each of these drivers to drive in 
interstate commerce as opposed to restricting him or her to driving in 
intrastate commerce.
    To evaluate the effect of these exemptions on safety, FMCSA 
considered the medical reports about the applicants' vision as well as 
their driving records and experience with the vision deficiency.
    To qualify for an exemption from the vision requirement, FMCSA 
requires a person to present verifiable evidence that he/she has driven 
a commercial vehicle safely with the vision deficiency for the past 3 
years. Recent driving performance is especially important in evaluating 
future safety, according to several research studies designed to 
correlate past and future driving performance. Results of these studies 
support the principle that the best predictor of future performance by 
a driver is his/her past record of crashes and traffic violations. 
Copies of the studies may be found at Docket Number FMCSA-1998-3637.
    FMCSA believes it can properly apply the principle to monocular 
drivers, because data from the Federal Highway Administration's (FHWA) 
former waiver study program clearly demonstrate the driving performance 
of experienced monocular drivers in the program is better than that of 
all CMV drivers collectively (See 61 FR 13338, 13345, March 26, 1996). 
The fact that experienced monocular drivers demonstrated safe driving 
records in the waiver program supports a conclusion that other 
monocular drivers, meeting the same qualifying conditions as those 
required by the waiver program, are also likely to have adapted to 
their vision deficiency and will continue to operate safely.
    The first major research correlating past and future performance 
was done in England by Greenwood and Yule in 1920. Subsequent studies, 
building on that model, concluded that crash rates for the same 
individual exposed to certain risks for two different time periods vary 
only slightly (See Bates and Neyman, University of California 
Publications in Statistics, April 1952). Other studies demonstrated 
theories of predicting crash proneness from crash history coupled with 
other factors. These factors--such as age, sex, geographic location, 
mileage driven and conviction history--are used every day by insurance 
companies and motor vehicle bureaus to predict the probability of an 
individual experiencing future crashes (See Weber, Donald C., 
``Accident Rate Potential: An Application of Multiple Regression 
Analysis of a Poisson Process,'' Journal of American Statistical 
Association, June 1971). A 1964 California Driver Record Study prepared 
by the California Department of Motor Vehicles concluded that the best 
overall crash predictor for both concurrent and nonconcurrent events is 
the number of single convictions. This study used 3 consecutive years 
of data, comparing the experiences of drivers in the first 2 years with 
their experiences in the final year.
    Applying principles from these studies to the past 3-year record of 
the 24 applicants, one of the drivers was involved in a crash and two 
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

[[Page 9306]]

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 24 
applicants listed in the notice of December 10, 2014 (79 FR 73397).
    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 24 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 24 exemption applications, FMCSA 
exempts the following drivers from the vision requirement in 49 CFR 
391.41(b)(10), subject to the requirements cited above (49 CFR 
391.64(b)):

Michael L. Boersma (ND)
Marc D. Butler (IL)
Roger P. Dittrich (IL)
Ralph V. Graven (OR)
Dennis R. Grear (SD)
Michael D. Halferty (IA)
Eric C. Hammer (MO)
Thomas F. Hannon (RI)
Robert K. Ipock (NC)
Kennard D. Julien (WA)
Peter M. Kirby (NJ)
William D. Koiner (TX)
Jesse L. Lichtenberger (PA)
David J. Nocton (MN)
Darren W. Pruett (TX)
Frederick E. Schaub (IA)
Michael R. Seldomridge (FL)
Michael G. Somma (NY)
Mark J. Stanley (CA)
Jason E. Thomas (ND)
Michael K. Toodle (NC)
Troy W. Weaver (PA)
Diane L. Wedebrand (IA)
Eddie L. Wilkins (VA)

    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 9, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-03240 Filed 2-19-15; 8:45 am]
BILLING CODE 4910-EX-P



                                              9304                            Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Notices

                                              of the Act 15 and Rule 19b–4(f)(6)(iii)                   10:00 a.m. and 3:00 p.m. Copies of such                Federal holidays. If you have questions
                                              thereunder.16                                             filing will also be available for                      on viewing or submitting material to the
                                                 At any time within 60 days of the                      inspection and copying at the principal                docket, contact Docket Services,
                                              filing of the proposed rule change, the                   office of the Exchange and on its                      telephone (202) 366–9826.
                                              Commission summarily may                                  Internet Web site at www.nyse.com. All                 SUPPLEMENTARY INFORMATION:
                                              temporarily suspend such rule change if                   comments received will be posted
                                              it appears to the Commission that such                    without change; the Commission does                    I. Electronic Access
                                              action is necessary or appropriate in the                 not edit personal identifying                             You may see all the comments online
                                              public interest, for the protection of                    information from submissions. You                      through the Federal Document
                                              investors, or otherwise in furtherance of                 should submit only information that                    Management System (FDMS) at http://
                                              the purposes of the Act.                                  you wish to make available publicly. All               www.regulations.gov.
                                                                                                        submissions should refer to File                          Docket: For access to the docket to
                                              IV. Solicitation of Comments                                                                                     read background documents or
                                                                                                        Number SR–NYSEArca–2015–06 and
                                                Interested persons are invited to                       should be submitted on or before March                 comments, go to http://
                                              submit written data, views, and                           13, 2015.                                              www.regulations.gov and/or Room
                                              arguments concerning the foregoing,                                                                              W12–140 on the ground level of the
                                                                                                           For the Commission, by the Division of
                                              including whether the proposed rule                       Trading and Markets, pursuant to delegated             West Building, 1200 New Jersey Avenue
                                              change is consistent with the Act.                        authority.17                                           SE., Washington, DC, between 9 a.m.
                                              Comments may be submitted by any of                       Jill M. Peterson,                                      and 5 p.m., Monday through Friday,
                                              the following methods:                                                                                           except Federal holidays.
                                                                                                        Assistant Secretary.
                                                                                                                                                                  Privacy Act: In accordance with 5
                                              Electronic Comments                                       [FR Doc. 2015–03516 Filed 2–19–15; 8:45 am]
                                                                                                                                                               U.S.C. 553(c), DOT solicits comments
                                                • Use the Commission’s Internet                         BILLING CODE 8011–01–P                                 from the public to better inform its
                                              comment form (http://www.sec.gov/                                                                                rulemaking process. DOT posts these
                                              rules/sro.shtml); or                                                                                             comments, without edit, including any
                                                • Send an email to rule-comments@                       DEPARTMENT OF TRANSPORTATION                           personal information the commenter
                                              sec.gov. Please include File Number SR–                                                                          provides, to www.regulations.gov, as
                                              NYSEArca–2015–06 on the subject line.                     Federal Motor Carrier Safety                           described in the system of records
                                                                                                        Administration                                         notice (DOT/ALL–14 FDMS), which can
                                              Paper Comments
                                                                                                        [Docket No. FMCSA–2014–0299]                           be reviewed at www.dot.gov/privacy.
                                                 • Send paper comments in triplicate
                                              to Brent J. Fields, Secretary, Securities                 Qualification of Drivers; Exemption                    II. Background
                                              and Exchange Commission, 100 F Street                     Applications; Vision                                      On December 10, 2014, FMCSA
                                              NE., Washington, DC 20549–1090.                                                                                  published a notice of receipt of
                                                                                                        AGENCY: Federal Motor Carrier Safety                   exemption applications from certain
                                              All submissions should refer to File                      Administration (FMCSA), DOT.
                                              Number SR–NYSEArca–2015–06. This                                                                                 individuals, and requested comments
                                                                                                        ACTION: Notice of final disposition.                   from the public (79 FR 73397). That
                                              file number should be included on the
                                              subject line if email is used. To help the                SUMMARY:    FMCSA announces its                        notice listed 24 applicants’ case
                                              Commission process and review your                        decision to exempt 24 individuals from                 histories. The 24 individuals applied for
                                              comments more efficiently, please use                     the vision requirement in the Federal                  exemptions from the vision requirement
                                              only one method. The Commission will                      Motor Carrier Safety Regulations                       in 49 CFR 391.41(b)(10), for drivers who
                                              post all comments on the Commission’s                     (FMCSRs). They are unable to meet the                  operate CMVs in interstate commerce.
                                              Internet Web site (http://www.sec.gov/                                                                              Under 49 U.S.C. 31136(e) and 31315,
                                                                                                        vision requirement in one eye for
                                              rules/sro.shtml). Copies of the                                                                                  FMCSA may grant an exemption for a 2-
                                                                                                        various reasons. The exemptions will
                                              submission, all subsequent                                                                                       year period if it finds ‘‘such exemption
                                                                                                        enable these individuals to operate
                                              amendments, all written statements                                                                               would likely achieve a level of safety
                                                                                                        commercial motor vehicles (CMVs) in
                                              with respect to the proposed rule                                                                                that is equivalent to or greater than the
                                                                                                        interstate commerce without meeting
                                              change that are filed with the                                                                                   level that would be achieved absent
                                                                                                        the prescribed vision requirement in
                                              Commission, and all written                                                                                      such exemption.’’ The statute also
                                                                                                        one eye. The Agency has concluded that
                                              communications relating to the                                                                                   allows the Agency to renew exemptions
                                                                                                        granting these exemptions will provide
                                              proposed rule change between the                                                                                 at the end of the 2-year period.
                                                                                                        a level of safety that is equivalent to or
                                              Commission and any person, other than                                                                            Accordingly, FMCSA has evaluated the
                                                                                                        greater than the level of safety
                                              those that may be withheld from the                                                                              24 applications on their merits and
                                                                                                        maintained without the exemptions for
                                              public in accordance with the                                                                                    made a determination to grant
                                                                                                        these CMV drivers.
                                              provisions of 5 U.S.C. 552, will be                                                                              exemptions to each of them.
                                                                                                        DATES: The exemptions were granted
                                              available for Web site viewing and                        January 10, 2015. The exemptions                       III. Vision and Driving Experience of
                                              printing in the Commission’s Public                       expire on January 10, 2017.                            the Applicants
                                              Reference Room, 100 F Street NE.,
                                                                                                        FOR FURTHER INFORMATION CONTACT:                          The vision requirement in the
                                              Washington, DC 20549, on official
                                                                                                        Charles A. Horan, III, Director, Carrier,              FMCSRs provides:
                                              business days between the hours of                                                                                  A person is physically qualified to
                                                                                                        Driver and Vehicle Safety Standards,
                                                                                                        (202) 366–4001, fmcsamedical@dot.gov,                  drive a commercial motor vehicle if that
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                                                15 15  U.S.C. 78s(b)(3)(A).
                                                16 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–      FMCSA, Department of Transportation,                   person has distant visual acuity of at
                                              4(f)(6) requires a self-regulatory organization to give   1200 New Jersey Avenue SE., Room                       least 20/40 (Snellen) in each eye
                                              the Commission written notice of its intent to file       W64–224, Washington, DC 20590–0001.                    without corrective lenses or visual
                                              the proposed rule change at least five business days      Office hours are from 8:30 a.m. to 5                   acuity separately corrected to 20/40
                                              prior to the date of filing of the proposed rule
                                              change, or such shorter time as designated by the         p.m., Monday through Friday, except                    (Snellen) or better with corrective
                                              Commission. The Exchange has satisfied this                                                                      lenses, distant binocular acuity of a least
                                              requirement.                                                17 17   CFR 200.30–3(a)(12).                         20/40 (Snellen) in both eyes with or


                                         VerDate Sep<11>2014    17:07 Feb 19, 2015   Jkt 235001   PO 00000   Frm 00045     Fmt 4703   Sfmt 4703   E:\FR\FM\20FEN1.SGM   20FEN1


                                                                            Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Notices                                            9305

                                              without corrective lenses, field of vision              the December 10, 2014, notice (79 FR                  certain risks for two different time
                                              of at least 70° in the horizontal meridian              73397).                                               periods vary only slightly (See Bates
                                              in each eye, and the ability to recognize                                                                     and Neyman, University of California
                                                                                                      IV. Basis for Exemption Determination
                                              the colors of traffic signals and devices                                                                     Publications in Statistics, April 1952).
                                              showing red, green, and amber (49 CFR                      Under 49 U.S.C. 31136(e) and 31315,                Other studies demonstrated theories of
                                              391.41(b)(10)).                                         FMCSA may grant an exemption from                     predicting crash proneness from crash
                                                 FMCSA recognizes that some drivers                   the vision requirement in 49 CFR                      history coupled with other factors.
                                              do not meet the vision requirement but                  391.41(b)(10) if the exemption is likely              These factors—such as age, sex,
                                              have adapted their driving to                           to achieve an equivalent or greater level             geographic location, mileage driven and
                                              accommodate their vision limitation                     of safety than would be achieved                      conviction history—are used every day
                                              and demonstrated their ability to drive                 without the exemption. Without the                    by insurance companies and motor
                                              safely. The 24 exemption applicants                     exemption, applicants will continue to                vehicle bureaus to predict the
                                              listed in this notice are in this category.             be restricted to intrastate driving. With             probability of an individual
                                              They are unable to meet the vision                      the exemption, applicants can drive in                experiencing future crashes (See Weber,
                                              requirement in one eye for various                      interstate commerce. Thus, our analysis               Donald C., ‘‘Accident Rate Potential: An
                                              reasons, including amblyopia, loss of                   focuses on whether an equal or greater                Application of Multiple Regression
                                              vision, retinal detachment, corneal                     level of safety is likely to be achieved by           Analysis of a Poisson Process,’’ Journal
                                              scarring, retinal scar, amblyopia with                  permitting each of these drivers to drive             of American Statistical Association,
                                              refractive error, enucleation, cataract,                in interstate commerce as opposed to                  June 1971). A 1964 California Driver
                                              phthisical, refractive amblyopia, open                  restricting him or her to driving in                  Record Study prepared by the California
                                              globe trauma, optic atrophy, amblyopic                  intrastate commerce.                                  Department of Motor Vehicles
                                                                                                         To evaluate the effect of these                    concluded that the best overall crash
                                              vision loss, aphakia, optic atrophy,
                                                                                                      exemptions on safety, FMCSA                           predictor for both concurrent and
                                              Lasik vision complication, and
                                                                                                      considered the medical reports about                  nonconcurrent events is the number of
                                              cyclodialysis. In most cases, their eye
                                                                                                      the applicants’ vision as well as their               single convictions. This study used 3
                                              conditions were not recently developed.
                                                                                                      driving records and experience with the               consecutive years of data, comparing the
                                              Sixteen of the applicants were either
                                                                                                      vision deficiency.                                    experiences of drivers in the first 2 years
                                              born with their vision impairments or                      To qualify for an exemption from the
                                              have had them since childhood.                                                                                with their experiences in the final year.
                                                                                                      vision requirement, FMCSA requires a                     Applying principles from these
                                                 The eight individuals that sustained                 person to present verifiable evidence                 studies to the past 3-year record of the
                                              their vision conditions as adults have                  that he/she has driven a commercial                   24 applicants, one of the drivers was
                                              had them for a range of four to 44 years.               vehicle safely with the vision deficiency             involved in a crash and two were
                                                 Although each applicant has one eye                  for the past 3 years. Recent driving                  convicted of moving violations in a
                                              which does not meet the vision                          performance is especially important in                CMV. All the applicants achieved a
                                              requirement in 49 CFR 391.41(b)(10),                    evaluating future safety, according to                record of safety while driving with their
                                              each has at least 20/40 corrected vision                several research studies designed to                  vision impairment, demonstrating the
                                              in the other eye, and in a doctor’s                     correlate past and future driving                     likelihood that they have adapted their
                                              opinion, has sufficient vision to perform               performance. Results of these studies                 driving skills to accommodate their
                                              all the tasks necessary to operate a CMV.               support the principle that the best                   condition. As the applicants’ ample
                                              Doctors’ opinions are supported by the                  predictor of future performance by a                  driving histories with their vision
                                              applicants’ possession of valid                         driver is his/her past record of crashes              deficiencies are good predictors of
                                              commercial driver’s licenses (CDLs) or                  and traffic violations. Copies of the                 future performance, FMCSA concludes
                                              non-CDLs to operate CMVs. Before                        studies may be found at Docket Number                 their ability to drive safely can be
                                              issuing CDLs, States subject drivers to                 FMCSA–1998–3637.                                      projected into the future.
                                              knowledge and skills tests designed to                     FMCSA believes it can properly apply                  We believe that the applicants’
                                              evaluate their qualifications to operate a              the principle to monocular drivers,                   intrastate driving experience and history
                                              CMV.                                                    because data from the Federal Highway                 provide an adequate basis for predicting
                                                 All of these applicants satisfied the                Administration’s (FHWA) former waiver                 their ability to drive safely in interstate
                                              testing requirements for their State of                 study program clearly demonstrate the                 commerce. Intrastate driving, like
                                              residence. By meeting State licensing                   driving performance of experienced                    interstate operations, involves
                                              requirements, the applicants                            monocular drivers in the program is                   substantial driving on highways on the
                                              demonstrated their ability to operate a                 better than that of all CMV drivers                   interstate system and on other roads
                                              CMV, with their limited vision, to the                  collectively (See 61 FR 13338, 13345,                 built to interstate standards. Moreover,
                                              satisfaction of the State.                              March 26, 1996). The fact that                        driving in congested urban areas
                                                 While possessing a valid CDL or non-                 experienced monocular drivers                         exposes the driver to more pedestrian
                                              CDL, these 24 drivers have been                         demonstrated safe driving records in the              and vehicular traffic than exists on
                                              authorized to drive a CMV in intrastate                 waiver program supports a conclusion                  interstate highways. Faster reaction to
                                              commerce, even though their vision                      that other monocular drivers, meeting                 traffic and traffic signals is generally
                                              disqualified them from driving in                       the same qualifying conditions as those               required because distances between
                                              interstate commerce. They have driven                   required by the waiver program, are also              them are more compact. These
                                              CMVs with their limited vision in                       likely to have adapted to their vision                conditions tax visual capacity and
                                              careers ranging from 1.5 to 42 years. In                                                                      driver response just as intensely as
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                                                                                                      deficiency and will continue to operate
                                              the past three years, one of the drivers                safely.                                               interstate driving conditions. The
                                              was involved in a crash and two were                       The first major research correlating               veteran drivers in this proceeding have
                                              convicted of moving violations in a                     past and future performance was done                  operated CMVs safely under those
                                              CMV.                                                    in England by Greenwood and Yule in                   conditions for at least 3 years, most for
                                                 The qualifications, experience, and                  1920. Subsequent studies, building on                 much longer. Their experience and
                                              medical condition of each applicant                     that model, concluded that crash rates                driving records lead us to believe that
                                              were stated and discussed in detail in                  for the same individual exposed to                    each applicant is capable of operating in


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                                              9306                          Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Notices

                                              interstate commerce as safely as he/she                 Robert K. Ipock (NC)                                  1200 New Jersey Avenue SE., West
                                              has been performing in intrastate                       Kennard D. Julien (WA)                                Building, Conference Center—
                                              commerce. Consequently, FMCSA finds                     Peter M. Kirby (NJ)                                   Oklahoma City Room, Washington, DC
                                              that exempting these applicants from                    William D. Koiner (TX)                                20590 from 9:00 a.m. to 4:00 p.m. EST.
                                              the vision requirement in 49 CFR                        Jesse L. Lichtenberger (PA)                             Advanced Meeting Registration: The
                                              391.41(b)(10) is likely to achieve a level              David J. Nocton (MN)                                  DOT ask that attendees pre-register for
                                              of safety equal to that existing without                Darren W. Pruett (TX)                                 the forum by completing the form at
                                              the exemption. For this reason, the                     Frederick E. Schaub (IA)                              https://www.surveymonkey.com/r/
                                              Agency is granting the exemptions for                   Michael R. Seldomridge (FL)                           G623RL5. Attendees may use the survey
                                              the 2-year period allowed by 49 U.S.C.                  Michael G. Somma (NY)                                 monkey form to pre-register for the
                                              31136(e) and 31315 to the 24 applicants                 Mark J. Stanley (CA)                                  forum. Failure to pre-register may delay
                                              listed in the notice of December 10,                    Jason E. Thomas (ND)                                  access to the DOT Headquarters
                                              2014 (79 FR 73397).                                     Michael K. Toodle (NC)                                building. If participants are attending in
                                                 We recognize that the vision of an                   Troy W. Weaver (PA)                                   person, early arrival is advised to allow
                                              applicant may change and affect his/her                 Diane L. Wedebrand (IA)                               time for security checks necessary to
                                              ability to operate a CMV as safely as in                Eddie L. Wilkins (VA)                                 obtain access to the building.
                                              the past. As a condition of the                            In accordance with 49 U.S.C. 31136(e)                Conference call-in and ‘‘live meeting’’
                                              exemption, therefore, FMCSA will                        and 31315, each exemption will be valid               capability will be provided for the
                                              impose requirements on the 24                           for 2 years unless revoked earlier by                 meeting. Specific information on call-in
                                              individuals consistent with the                         FMCSA. The exemption will be revoked                  and live meeting access will be posted
                                              grandfathering provisions applied to                    if: (1) The person fails to comply with               when available at http://phmsa.dot.gov/
                                              drivers who participated in the                         the terms and conditions of the                       hazmat.
                                              Agency’s vision waiver program.                         exemption; (2) the exemption has                      FOR FURTHER INFORMATION CONTACT: Mr.
                                                 Those requirements are found at 49                   resulted in a lower level of safety than              Richard Boyle, Office of Hazardous
                                              CFR 391.64(b) and include the                           was maintained before it was granted; or              Materials Safety, Department of
                                              following: (1) That each individual be                  (3) continuation of the exemption would               Transportation, Washington, DC 20590;
                                              physically examined every year (a) by                   not be consistent with the goals and                  (202) 366–4545.
                                              an ophthalmologist or optometrist who                   objectives of 49 U.S.C. 31136 and 31315.
                                              attests that the vision in the better eye                                                                       Supplementary Information on the
                                                                                                         If the exemption is still effective at the         PHMSA Meeting: The primary purpose
                                              continues to meet the requirement in 49                 end of the 2-year period, the person may
                                              CFR 391.41(b)(10) and (b) by a medical                                                                        of this meeting is to present the results
                                                                                                      apply to FMCSA for a renewal under                    of recently completed actions and to
                                              examiner who attests that the individual                procedures in effect at that time.
                                              is otherwise physically qualified under                                                                       seek comments relative to potential new
                                                                                                        Dated: February 9, 2015.                            research projects which may be
                                              49 CFR 391.41; (2) that each individual
                                              provide a copy of the ophthalmologist’s                 Larry W. Minor,                                       considered for inclusion in future work.
                                              or optometrist’s report to the medical                  Associate Administrator for Policy.                   PHMSA will consider comments
                                              examiner at the time of the annual                      [FR Doc. 2015–03240 Filed 2–19–15; 8:45 am]           received for proposed list of new
                                              medical examination; and (3) that each                  BILLING CODE 4910–EX–P                                projects identified in the draft agenda.
                                              individual provide a copy of the annual                                                                       The meeting agenda and event
                                              medical certification to the employer for                                                                     information may be obtained from
                                              retention in the driver’s qualification                 DEPARTMENT OF TRANSPORTATION                          PHMSA’s Web site at http://
                                              file, or keep a copy in his/her driver’s                                                                      phmhqnwas027vg.ad.dot.gov/about/
                                                                                                      Pipeline and Hazardous Materials                      calendar.
                                              qualification file if he/she is self-
                                                                                                      Safety Administration                                   Topics on the agenda for the Research
                                              employed. The driver must have a copy
                                              of the certification when driving, for                  [Docket No. PHMSA–2015–0014, Notice No.               and Development Forum include:
                                              presentation to a duly authorized                       15–4]                                                   • Short-Term Projects (Funded)
                                              Federal, State, or local enforcement                                                                            Æ Hazardous Materials Automated
                                              official.                                               Research and Development Program                      Cargo Communications for Efficient and
                                                                                                      Forum                                                 Safe Shipments (HM–ACCESS)
                                              V. Discussion of Comments                                                                                       Æ Lithium Batteries
                                                                                                      AGENCY: Pipeline and Hazardous
                                                FMCSA received no comments in this                    Materials Safety Administration                         • Mid-Term Projects (Funding Now)
                                              proceeding.                                             (PHMSA), DOT.                                           Æ Risks Associated with Chained/
                                              IV. Conclusion                                                                                                Unchained Fireworks
                                                                                                      ACTION: Notice of public meeting.
                                                                                                                                                              Æ Incident Investigation: Food
                                                Based upon its evaluation of the 24                                                                         Trucks; Oxygen Cylinders
                                                                                                      SUMMARY:    This notice is to advise
                                              exemption applications, FMCSA                                                                                   Æ Reactivity of Toxic Inhalation
                                                                                                      interested persons that PHMSA will
                                              exempts the following drivers from the                                                                        Hazard (TIH) material
                                                                                                      host a Research and Development
                                              vision requirement in 49 CFR                                                                                    Æ Classification of Crude Oil
                                                                                                      Forum on Thursday, April 16, 2015, in
                                              391.41(b)(10), subject to the                                                                                   Æ Service Life Extension of
                                                                                                      Washington, DC. PHMSA will use the
                                              requirements cited above (49 CFR                                                                              Composite Cylinders
                                                                                                      forum to present the results of recently
                                              391.64(b)):
                                                                                                      completed research projects and to                      • Long-Term Projects (Planning
TKELLEY on DSK3SPTVN1PROD with NOTICES




                                              Michael L. Boersma (ND)                                 discuss current and future research                   Funding) potential projects include:
                                              Marc D. Butler (IL)                                     projects. PHMSA will also be soliciting                 Æ Emerging Packaging and Transport
                                              Roger P. Dittrich (IL)
                                              Ralph V. Graven (OR)                                    comments on new research projects                     Risks
                                              Dennis R. Grear (SD)                                    which may be considered for inclusion                   Æ Risk Management Framework
                                              Michael D. Halferty (IA)                                in its strategic plan.                                  Æ Crude Oil Classification, Packaging
                                              Eric C. Hammer (MO)                                     DATES: Time and Location: The forum                   and Transport
                                              Thomas F. Hannon (RI)                                   will be held at the DOT Headquarters,                   Æ Bulk Transport of LNG


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Document Created: 2015-12-18 13:02:00
Document Modified: 2015-12-18 13:02:00
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 January 10, 2015. The exemptions expire on January 10, 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 9304 

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