81_FR_1290 81 FR 1284 - Qualification of Drivers; Exemption Applications; Vision

81 FR 1284 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 6 (January 11, 2016)

Page Range1284-1286
FR Document2016-00294

FMCSA announces its decision to exempt 59 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 81 Issue 6 (Monday, January 11, 2016)
[Federal Register Volume 81, Number 6 (Monday, January 11, 2016)]
[Notices]
[Pages 1284-1286]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00294]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0056]


Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt 59 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 November 3, 2015. The exemptions 
expire on November 3, 2017.

FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical 
Programs Division, (202) 366-4001, [email protected], FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113, 
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t., 
Monday through Friday, except Federal holidays. If you have questions 
regarding 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 October 1, 2015, FMCSA published a notice of receipt of 
exemption applications from certain individuals, and requested comments 
from the public (80 FR 59230). That notice listed 59 applicants' case 
histories. The 59 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 59 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 59 
exemption applicants listed in this notice are in this category. They 
are unable to meet the vision requirement in one eye for various 
reasons, including amblyopia, aphakia, bullous keratopathy, cancerous 
tumor, cataract, central pigment epithelial atrophy, central retinal 
detachment, central serous retinopathy, central vision loss, 
chorioretinal scar, Coat's exudative, complete loss of vision, corneal 
scar, decreased vision, glaucoma, Lasik surgery complication, macular 
degeneration, macular hole, macular scar, optic atrophy, optic 
neuropathy, optic nerve coloboma, phthisis bulbi, prosthetic eye, 
refractive amblyopia, retinal detachment, retinal scar, traumatic 
cataract, and vein occlusion. In most cases, their eye conditions were 
not recently developed. Thirty-five of the applicants were either born 
with their vision impairments or have had them since childhood.
    The 24 individuals that sustained their vision conditions as adults 
have had it for a range of 3 to 39 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 59 drivers have been 
authorized to drive a CMV in intrastate commerce, even though their 
vision disqualified them from driving in interstate commerce. They have 
driven CMVs with their limited vision in careers ranging for 0 to 55 
years. In the past three years, 2 drivers were involved in crashes, and 
3 drivers were convicted of moving violations in a CMV.
    The qualifications, experience, and medical condition of each 
applicant were stated and discussed in detail in the October 1, 2015 
notice (80 FR 59230).

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

[[Page 1285]]

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 59 applicants, 2 drivers were involved in crashes, and 3 drivers 
were convicted of moving violations in a CMV. All the applicants 
achieved a record of safety while driving with their vision impairment, 
demonstrating the likelihood that they have adapted their driving 
skills to accommodate their condition. As the applicants' ample driving 
histories with their vision deficiencies are good predictors of future 
performance, FMCSA concludes their ability to drive safely can be 
projected into the future.
    We believe that the applicants' intrastate driving experience and 
history provide an adequate basis for predicting their ability to drive 
safely in interstate commerce. Intrastate driving, like interstate 
operations, involves substantial driving on highways on the interstate 
system and on other roads built to interstate standards. Moreover, 
driving in congested urban areas exposes the driver to more pedestrian 
and vehicular traffic than exists on interstate highways. Faster 
reaction to traffic and traffic signals is generally required because 
distances between them are more compact. These conditions tax visual 
capacity and driver response just as intensely as interstate driving 
conditions. The veteran drivers in this proceeding have operated CMVs 
safely under those conditions for at least 3 years, most for much 
longer. Their experience and driving records lead us to believe that 
each applicant is capable of operating in interstate commerce as safely 
as he/she has been performing in intrastate commerce. Consequently, 
FMCSA finds that exempting these applicants from the vision requirement 
in 49 CFR 391.41(b)(10) is likely to achieve a level of safety equal to 
that existing without the exemption. For this reason, the Agency is 
granting the exemptions for the 2-year period allowed by 49 U.S.C. 
31136(e) and 31315 to the 59 applicants listed in the notice of October 
1, 2015 (80 FR 59230).
    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 59 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 6 comments in this proceeding. Samuel Byler, Andrea 
Gonzalez, and an anonymous commenter are in favor of all drivers on the 
notice receiving vision exemptions. An anonymous commenter stated that 
the requirements for a vision exemption should be more stringent. Steve 
Riney is in favor of granting a vision exemption to Richard Parker and 
Steve Wilson is in favor of granting a vision exemption to Harjot 
Aujla.

IV. Conclusion

    Based upon its evaluation of the 59 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)):
    Steven B. Anderson (ID), Harjot S. Aujla (WA), Thomas B. Berger 
(PA), Jay E. Biggers (ID), Timothy A. Bohling (CO), Brian M. Bowman 
(TN), Gary Bozowski (NJ), Timothy V. Burke (CO), Timothy J. Burleson 
(IL), Robert J. Burns (KY), Richard A. Congdon, Jr. (OR), James E. Copp 
(PA), Jose C. Costa (WA), Thomas P. Davidson (NJ), Mark Davis (ME), 
Stephen W. Deminie (TX), Brad M. Donald (MI), Robert L. Ecker (MD), 
John A. Gartner (MN), Brian W. Gillund

[[Page 1286]]

(MN), Glenn F. Gorsuch (OH), Keith N. Hall (UT), Steven E. Hayes (IN), 
Francisco Hernandez, Jr. (NM), Mervin M. Hershberger (WI), Dean M. 
Hobson (IL), Timmy R. Holley (PA), David E. Hopson (TX), Amos S. 
Hostetter, Jr. (OH), Isadore Johnson, Jr. (NY), William J. Kelly (CT), 
Stephen C. Linardos (FL), Daniel C. Linares (CA), Ray J. Liner (LA), 
Robert E. Mayers (MN), Kraig P. Middleton (MI), James G. Miles (TN), 
Rogelio Rocha Monjaraz (MD), Pablo R. Murillo (TX), Wayne Nicolaisen 
(PA), John R. Ogno (NJ), Richard A. Parker II (KS), Vincent E. Perkins 
(MA), John R. Price (AR), Francis D. Reginald, Jr. (NJ), Juan A. 
Rodriguez (CT), Roger D. Rogers (PA), Robert E. Rohrer (PA), David L. 
Roth (SD), James O. Russell, Jr. (OH), Ronald B. Salter (MS), Michael 
J. Schmelzle (KS), Ralph J. Schmitt (CO), Charles D. Theademan (WA), 
Dwight Tullis (IL), Arnulfo J. Valenzuela (TX), Danny L. Watson (TN), 
Lorenzo A. Williams (DE), William E. Zezulka (MN).
    In accordance with 49 U.S.C. 31136(e) and 31315, each exemption 
will be valid for 2 years unless revoked earlier by FMCSA. The 
exemption will be revoked if: (1) The person fails to comply with the 
terms and conditions of the exemption; (2) the exemption has resulted 
in a lower level of safety than was maintained before it was granted; 
or (3) continuation of the exemption would not be consistent with the 
goals and objectives of 49 U.S.C. 31136 and 31315.
    If the exemption is still effective at the end of the 2-year 
period, the person may apply to FMCSA for a renewal under procedures in 
effect at that time.

    Issued on: December 30, 2015.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-00294 Filed 1-8-16; 8:45 am]
 BILLING CODE 4910-EX-P



                                                1284                           Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Notices

                                                  Dated: December 29, 2015.                                Privacy Act: In accordance with 5                   vision loss, chorioretinal scar, Coat’s
                                                Larry W. Minor,                                         U.S.C. 553(c), DOT solicits comments                   exudative, complete loss of vision,
                                                Associate Administrator for Policy.                     from the public to better inform its                   corneal scar, decreased vision,
                                                [FR Doc. 2016–00295 Filed 1–8–16; 8:45 am]              rulemaking process. DOT posts these                    glaucoma, Lasik surgery complication,
                                                BILLING CODE 4910–EX–P                                  comments, without edit, including any                  macular degeneration, macular hole,
                                                                                                        personal information the commenter                     macular scar, optic atrophy, optic
                                                                                                        provides, to www.regulations.gov, as                   neuropathy, optic nerve coloboma,
                                                DEPARTMENT OF TRANSPORTATION                            described in the system of records                     phthisis bulbi, prosthetic eye, refractive
                                                                                                        notice (DOT/ALL–14 FDMS), which can                    amblyopia, retinal detachment, retinal
                                                Federal Motor Carrier Safety                            be reviewed at www.dot.gov/privacy.                    scar, traumatic cataract, and vein
                                                Administration                                                                                                 occlusion. In most cases, their eye
                                                                                                        II. Background
                                                [Docket No. FMCSA–2015–0056]                                                                                   conditions were not recently developed.
                                                                                                           On October 1, 2015, FMCSA                           Thirty-five of the applicants were either
                                                Qualification of Drivers; Exemption                     published a notice of receipt of                       born with their vision impairments or
                                                Applications; Vision                                    exemption applications from certain                    have had them since childhood.
                                                                                                        individuals, and requested comments                       The 24 individuals that sustained
                                                AGENCY: Federal Motor Carrier Safety                    from the public (80 FR 59230). That                    their vision conditions as adults have
                                                Administration (FMCSA), DOT.                            notice listed 59 applicants’ case                      had it for a range of 3 to 39 years.
                                                ACTION: Notice of final disposition.                    histories. The 59 individuals applied for                 Although each applicant has one eye
                                                                                                        exemptions from the vision requirement                 which does not meet the vision
                                                SUMMARY:    FMCSA announces its                         in 49 CFR 391.41(b)(10), for drivers who               requirement in 49 CFR 391.41(b)(10),
                                                decision to exempt 59 individuals from                  operate CMVs in interstate commerce.                   each has at least 20/40 corrected vision
                                                the vision requirement in the Federal                      Under 49 U.S.C. 31136(e) and 31315,                 in the other eye, and in a doctor’s
                                                Motor Carrier Safety Regulations                        FMCSA may grant an exemption for a 2-                  opinion, has sufficient vision to perform
                                                (FMCSRs). They are unable to meet the                   year period if it finds ‘‘such exemption               all the tasks necessary to operate a CMV.
                                                vision requirement in one eye for                       would likely achieve a level of safety                 Doctors’ opinions are supported by the
                                                various reasons. The exemptions will                    that is equivalent to or greater than the              applicants’ possession of valid
                                                enable these individuals to operate                     level that would be achieved absent                    commercial driver’s licenses (CDLs) or
                                                commercial motor vehicles (CMVs) in                     such exemption.’’ The statute also                     non-CDLs to operate CMVs. Before
                                                interstate commerce without meeting                     allows the Agency to renew exemptions                  issuing CDLs, States subject drivers to
                                                the prescribed vision requirement in                    at the end of the 2-year period.                       knowledge and skills tests designed to
                                                one eye. The Agency has concluded that                  Accordingly, FMCSA has evaluated the                   evaluate their qualifications to operate a
                                                granting these exemptions will provide                  59 applications on their merits and                    CMV.
                                                a level of safety that is equivalent to or              made a determination to grant                             All of these applicants satisfied the
                                                greater than the level of safety                        exemptions to each of them.                            testing requirements for their State of
                                                maintained without the exemptions for                                                                          residence. By meeting State licensing
                                                these CMV drivers.                                      III. Vision and Driving Experience of
                                                                                                                                                               requirements, the applicants
                                                DATES: The exemptions were granted                      the Applicants
                                                                                                                                                               demonstrated their ability to operate a
                                                November 3, 2015. The exemptions                           The vision requirement in the                       CMV, with their limited vision, to the
                                                expire on November 3, 2017.                             FMCSRs provides:                                       satisfaction of the State.
                                                FOR FURTHER INFORMATION CONTACT:                           A person is physically qualified to                    While possessing a valid CDL or non-
                                                Christine A. Hydock, Chief, Medical                     drive a commercial motor vehicle if that               CDL, these 59 drivers have been
                                                Programs Division, (202) 366–4001,                      person has distant visual acuity of at                 authorized to drive a CMV in intrastate
                                                fmcsamedical@dot.gov, FMCSA,                            least 20/40 (Snellen) in each eye                      commerce, even though their vision
                                                Department of Transportation, 1200                      without corrective lenses or visual                    disqualified them from driving in
                                                New Jersey Avenue SE., Room W64–                        acuity separately corrected to 20/40                   interstate commerce. They have driven
                                                113, Washington, DC 20590–0001.                         (Snellen) or better with corrective                    CMVs with their limited vision in
                                                Office hours are 8:30 a.m. to 5 p.m., e.t.,             lenses, distant binocular acuity of a least            careers ranging for 0 to 55 years. In the
                                                Monday through Friday, except Federal                   20/40 (Snellen) in both eyes with or                   past three years, 2 drivers were involved
                                                holidays. If you have questions                         without corrective lenses, field of vision             in crashes, and 3 drivers were convicted
                                                regarding viewing or submitting                         of at least 70° in the horizontal meridian             of moving violations in a CMV.
                                                material to the docket, contact Docket                  in each eye, and the ability to recognize                 The qualifications, experience, and
                                                Services, telephone (202) 366–9826.                     the colors of traffic signals and devices              medical condition of each applicant
                                                SUPPLEMENTARY INFORMATION:                              showing red, green, and amber (49 CFR                  were stated and discussed in detail in
                                                                                                        391.41(b)(10)).                                        the October 1, 2015 notice (80 FR
                                                I. Electronic Access                                       FMCSA recognizes that some drivers                  59230).
                                                   You may see all the comments online                  do not meet the vision requirement but
                                                through the Federal Document                            have adapted their driving to                          IV. Basis for Exemption Determination
                                                Management System (FDMS) at http://                     accommodate their vision limitation                      Under 49 U.S.C. 31136(e) and 31315,
                                                www.regulations.gov.                                    and demonstrated their ability to drive                FMCSA may grant an exemption from
                                                   Docket: For access to the docket to                  safely. The 59 exemption applicants                    the vision requirement in 49 CFR
                                                read background documents or                            listed in this notice are in this category.            391.41(b)(10) if the exemption is likely
ebenthall on DSK6SPTVN1PROD with NOTICES




                                                comments, go to http://                                 They are unable to meet the vision                     to achieve an equivalent or greater level
                                                www.regulations.gov and/or Room                         requirement in one eye for various                     of safety than would be achieved
                                                W12–140 on the ground level of the                      reasons, including amblyopia, aphakia,                 without the exemption. Without the
                                                West Building, 1200 New Jersey Avenue                   bullous keratopathy, cancerous tumor,                  exemption, applicants will continue to
                                                SE., Washington, DC, between 9 a.m.                     cataract, central pigment epithelial                   be restricted to intrastate driving. With
                                                and 5 p.m., Monday through Friday,                      atrophy, central retinal detachment,                   the exemption, applicants can drive in
                                                except Federal holidays.                                central serous retinopathy, central                    interstate commerce. Thus, our analysis


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                                                                               Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Notices                                             1285

                                                focuses on whether an equal or greater                  Application of Multiple Regression                     ability to operate a CMV as safely as in
                                                level of safety is likely to be achieved by             Analysis of a Poisson Process,’’ Journal               the past. As a condition of the
                                                permitting each of these drivers to drive               of American Statistical Association,                   exemption, therefore, FMCSA will
                                                in interstate commerce as opposed to                    June 1971). A 1964 California Driver                   impose requirements on the 59
                                                restricting him or her to driving in                    Record Study prepared by the California                individuals consistent with the
                                                intrastate commerce.                                    Department of Motor Vehicles                           grandfathering provisions applied to
                                                   To evaluate the effect of these                      concluded that the best overall crash                  drivers who participated in the
                                                exemptions on safety, FMCSA                             predictor for both concurrent and                      Agency’s vision waiver program.
                                                considered the medical reports about                    nonconcurrent events is the number of                     Those requirements are found at 49
                                                the applicants’ vision as well as their                 single convictions. This study used 3                  CFR 391.64(b) and include the
                                                driving records and experience with the                 consecutive years of data, comparing the               following:
                                                vision deficiency.                                      experiences of drivers in the first 2 years               (1) That each individual be physically
                                                   To qualify for an exemption from the                 with their experiences in the final year.              examined every year (a) by an
                                                vision requirement, FMCSA requires a                       Applying principles from these                      ophthalmologist or optometrist who
                                                person to present verifiable evidence                   studies to the past 3-year record of the               attests that the vision in the better eye
                                                that he/she has driven a commercial                     59 applicants, 2 drivers were involved                 continues to meet the requirement in 49
                                                vehicle safely with the vision deficiency               in crashes, and 3 drivers were convicted               CFR 391.41(b)(10) and (b) by a medical
                                                for the past 3 years. Recent driving                    of moving violations in a CMV. All the                 examiner who attests that the individual
                                                performance is especially important in                  applicants achieved a record of safety                 is otherwise physically qualified under
                                                evaluating future safety, according to                  while driving with their vision                        49 CFR 391.41; (2) that each individual
                                                several research studies designed to                    impairment, demonstrating the                          provide a copy of the ophthalmologist’s
                                                correlate past and future driving                       likelihood that they have adapted their                or optometrist’s report to the medical
                                                performance. Results of these studies                   driving skills to accommodate their                    examiner at the time of the annual
                                                support the principle that the best                     condition. As the applicants’ ample                    medical examination; and (3) that each
                                                predictor of future performance by a                    driving histories with their vision                    individual provide a copy of the annual
                                                driver is his/her past record of crashes                deficiencies are good predictors of                    medical certification to the employer for
                                                and traffic violations. Copies of the                   future performance, FMCSA concludes                    retention in the driver’s qualification
                                                studies may be found at Docket Number                   their ability to drive safely can be                   file, or keep a copy in his/her driver’s
                                                FMCSA–1998–3637.                                        projected into the future.                             qualification file if he/she is self-
                                                   FMCSA believes it can properly apply                    We believe that the applicants’                     employed. The driver must have a copy
                                                the principle to monocular drivers,                     intrastate driving experience and history              of the certification when driving, for
                                                because data from the Federal Highway                   provide an adequate basis for predicting               presentation to a duly authorized
                                                Administration’s (FHWA) former waiver                   their ability to drive safely in interstate            Federal, State, or local enforcement
                                                study program clearly demonstrate the                   commerce. Intrastate driving, like                     official.
                                                driving performance of experienced                      interstate operations, involves
                                                monocular drivers in the program is                     substantial driving on highways on the                 V. Discussion of Comments
                                                better than that of all CMV drivers                     interstate system and on other roads                     FMCSA received 6 comments in this
                                                collectively (See 61 FR 13338, 13345,                   built to interstate standards. Moreover,               proceeding. Samuel Byler, Andrea
                                                March 26, 1996). The fact that                          driving in congested urban areas                       Gonzalez, and an anonymous
                                                experienced monocular drivers                           exposes the driver to more pedestrian                  commenter are in favor of all drivers on
                                                demonstrated safe driving records in the                and vehicular traffic than exists on                   the notice receiving vision exemptions.
                                                waiver program supports a conclusion                    interstate highways. Faster reaction to                An anonymous commenter stated that
                                                that other monocular drivers, meeting                   traffic and traffic signals is generally               the requirements for a vision exemption
                                                the same qualifying conditions as those                 required because distances between                     should be more stringent. Steve Riney is
                                                required by the waiver program, are also                them are more compact. These                           in favor of granting a vision exemption
                                                likely to have adapted to their vision                  conditions tax visual capacity and                     to Richard Parker and Steve Wilson is
                                                deficiency and will continue to operate                 driver response just as intensely as                   in favor of granting a vision exemption
                                                safely.                                                 interstate driving conditions. The                     to Harjot Aujla.
                                                   The first major research correlating                 veteran drivers in this proceeding have
                                                past and future performance was done                    operated CMVs safely under those                       IV. Conclusion
                                                in England by Greenwood and Yule in                     conditions for at least 3 years, most for                Based upon its evaluation of the 59
                                                1920. Subsequent studies, building on                   much longer. Their experience and                      exemption applications, FMCSA
                                                that model, concluded that crash rates                  driving records lead us to believe that                exempts the following drivers from the
                                                for the same individual exposed to                      each applicant is capable of operating in              vision requirement in 49 CFR
                                                certain risks for two different time                    interstate commerce as safely as he/she                391.41(b)(10), subject to the
                                                periods vary only slightly (See Bates                   has been performing in intrastate                      requirements cited above (49 CFR
                                                and Neyman, University of California                    commerce. Consequently, FMCSA finds                    391.64(b)):
                                                Publications in Statistics, April 1952).                that exempting these applicants from                     Steven B. Anderson (ID), Harjot S.
                                                Other studies demonstrated theories of                  the vision requirement in 49 CFR                       Aujla (WA), Thomas B. Berger (PA), Jay
                                                predicting crash proneness from crash                   391.41(b)(10) is likely to achieve a level             E. Biggers (ID), Timothy A. Bohling
                                                history coupled with other factors.                     of safety equal to that existing without               (CO), Brian M. Bowman (TN), Gary
                                                These factors—such as age, sex,                         the exemption. For this reason, the                    Bozowski (NJ), Timothy V. Burke (CO),
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                                                geographic location, mileage driven and                 Agency is granting the exemptions for                  Timothy J. Burleson (IL), Robert J. Burns
                                                conviction history—are used every day                   the 2-year period allowed by 49 U.S.C.                 (KY), Richard A. Congdon, Jr. (OR),
                                                by insurance companies and motor                        31136(e) and 31315 to the 59 applicants                James E. Copp (PA), Jose C. Costa (WA),
                                                vehicle bureaus to predict the                          listed in the notice of October 1, 2015                Thomas P. Davidson (NJ), Mark Davis
                                                probability of an individual                            (80 FR 59230).                                         (ME), Stephen W. Deminie (TX), Brad
                                                experiencing future crashes (See Weber,                    We recognize that the vision of an                  M. Donald (MI), Robert L. Ecker (MD),
                                                Donald C., ‘‘Accident Rate Potential: An                applicant may change and affect his/her                John A. Gartner (MN), Brian W. Gillund


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                                                1286                           Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Notices

                                                (MN), Glenn F. Gorsuch (OH), Keith N.                   Standards. FRA assigned the petition                   New Jersey Avenue SE., W12–140,
                                                Hall (UT), Steven E. Hayes (IN),                        Docket Number FRA–2015–0139.                           Washington, DC 20590.
                                                Francisco Hernandez, Jr. (NM), Mervin                      Amtrak seeks a temporary waiver of                    • Hand Delivery: 1200 New Jersey
                                                M. Hershberger (WI), Dean M. Hobson                     compliance from the requirements of 49                 Avenue SE., Room W12–140,
                                                (IL), Timmy R. Holley (PA), David E.                    CFR 238.115(b)(1)(2), which covers                     Washington, DC 20590, between 9 a.m.
                                                Hopson (TX), Amos S. Hostetter, Jr.                     ‘‘marking and instructions for                         and 5 p.m., Monday through Friday,
                                                (OH), Isadore Johnson, Jr. (NY), William                emergency egress and rescue access,’’                  except Federal Holidays.
                                                J. Kelly (CT), Stephen C. Linardos (FL),                and references APTA PR–E–S_013–99,                       Communications received by
                                                Daniel C. Linares (CA), Ray J. Liner                    Rev. 1, ‘‘Standard for Emergency                       February 25, 2016 will be considered by
                                                (LA), Robert E. Mayers (MN), Kraig P.                   Lighting System Design for Passenger                   FRA before final action is taken.
                                                Middleton (MI), James G. Miles (TN),                    Cars,’’ for a period of 12 months until                Comments received after that date will
                                                Rogelio Rocha Monjaraz (MD), Pablo R.                   December 31, 2016. Amtrak is seeking                   be considered as far as practicable.
                                                Murillo (TX), Wayne Nicolaisen (PA),                    this temporary relief as it works to bring               Anyone is able to search the
                                                John R. Ogno (NJ), Richard A. Parker II                 70 percent of its passenger rolling stock              electronic form of any written
                                                (KS), Vincent E. Perkins (MA), John R.                  fleet that was ordered prior to                        communications and comments
                                                Price (AR), Francis D. Reginald, Jr. (NJ),              September 8, 2000, and placed in                       received into any of our dockets by the
                                                Juan A. Rodriguez (CT), Roger D. Rogers                 service prior to September 9, 2002, into               name of the individual submitting the
                                                (PA), Robert E. Rohrer (PA), David L.                   compliance with the emergency lighting                 comment (or signing the document, if
                                                Roth (SD), James O. Russell, Jr. (OH),                  requirements. Amtrak justifies the need                submitted on behalf of an association,
                                                Ronald B. Salter (MS), Michael J.                       for this deadline extension because it                 business, labor union, etc.). In
                                                Schmelzle (KS), Ralph J. Schmitt (CO),                  will need to test between 201 and 408                  accordance with 5 U.S.C. 553(c), DOT
                                                Charles D. Theademan (WA), Dwight                       cars across its fleets located at multiple             solicits comments from the public to
                                                Tullis (IL), Arnulfo J. Valenzuela (TX),                locations spanning geographic areas                    better inform its processes. DOT posts
                                                Danny L. Watson (TN), Lorenzo A.                        from the East Coast to the West Coast as               these comments, without edit, including
                                                Williams (DE), William E. Zezulka                       outlined in its petition. Amtrak                       any personal information the
                                                (MN).                                                   indicates that this 70-percent                         commenter provides, to
                                                   In accordance with 49 U.S.C. 31136(e)                modification goal may require                          www.regulations.gov, as described in
                                                and 31315, each exemption will be valid                 modification to as many as 1,200 of the                the system of records notice (DOT/ALL–
                                                for 2 years unless revoked earlier by                   passenger cars listed in its petition (the             14 FDMS), which can be reviewed at
                                                FMCSA. The exemption will be revoked                    comprehensive listing of equipment                     www.dot.gov/privacy. See also http://
                                                if: (1) The person fails to comply with                 includes Acela, TALGO, Surfliners,                     www.regulations.gov/#!privacyNotice
                                                the terms and conditions of the                         Comets, Heritage, Superliner 1,                        for the privacy notice of regulations.gov.
                                                exemption; (2) the exemption has                        Superliner 2, Amfleet 1, Amfleet 2,
                                                                                                        Viewliner, Horizon, Metroliner, LDSL,                  Robert C. Lauby,
                                                resulted in a lower level of safety than                                                                       Associate Administrator for Railroad Safety,
                                                was maintained before it was granted; or                and various inspection cars).
                                                                                                           A copy of the petition, as well as any              Chief Safety Officer.
                                                (3) continuation of the exemption would                                                                        [FR Doc. 2016–00202 Filed 1–8–16; 8:45 am]
                                                not be consistent with the goals and                    written communications concerning the
                                                objectives of 49 U.S.C. 31136 and 31315.                petition, is available for review online at            BILLING CODE 4910–06–P

                                                   If the exemption is still effective at the           www.regulations.gov and in person at
                                                end of the 2-year period, the person may                the U.S. Department of Transportation’s
                                                                                                        (DOT) Docket Operations Facility, 1200                 DEPARTMENT OF TRANSPORTATION
                                                apply to FMCSA for a renewal under
                                                procedures in effect at that time.                      New Jersey Avenue SE., W12–140,
                                                                                                                                                               Federal Railroad Administration
                                                                                                        Washington, DC 20590. The Docket
                                                  Issued on: December 30, 2015.                         Operations Facility is open from 9 a.m.                [Docket No. FRA–2016–0001]
                                                Larry W. Minor,                                         to 5 p.m., Monday through Friday,
                                                Associate Administrator for Policy.                     except Federal Holidays.                               Establishment of an Emergency Relief
                                                [FR Doc. 2016–00294 Filed 1–8–16; 8:45 am]                 Interested parties are invited to                   Docket for Calendar Year 2016
                                                BILLING CODE 4910–EX–P                                  participate in these proceedings by                    AGENCY: Federal Railroad
                                                                                                        submitting written views, data, or                     Administration (FRA), Department of
                                                                                                        comments. FRA does not anticipate                      Transportation (DOT).
                                                DEPARTMENT OF TRANSPORTATION                            scheduling a public hearing in
                                                                                                                                                               ACTION: Notice of establishment of
                                                                                                        connection with these proceedings since
                                                Federal Railroad Administration                                                                                public docket (Notice).
                                                                                                        the facts do not appear to warrant a
                                                [Docket Number FRA–2015–0139]                           hearing. If any interested party desires               SUMMARY:   This Notice announces the
                                                                                                        an opportunity for oral comment, they                  establishment of FRA’s emergency relief
                                                Petition for Waiver of Compliance                       should notify FRA, in writing, before                  docket (ERD) for calendar year 2016.
                                                                                                        the end of the comment period and                      The designated ERD for calendar year
                                                  In accordance with part 211 of Title                  specify the basis for their request.                   2016 is Docket Number FRA–2016–
                                                49 Code of Federal Regulations (CFR),                      All communications concerning these                 0001.
                                                this document provides the public                       proceedings should identify the
                                                notice that by a document dated                                                                                ADDRESSES: See Supplementary
                                                                                                        appropriate docket number FRA–2015–
                                                September 22, 2015, the National                                                                               Information section for further
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                                                                                                        0139 and may be submitted by any of
                                                Railroad Passenger Corporation                          the following methods:                                 information regarding submitting
                                                (Amtrak) has petitioned the Federal                        • Web site: http://                                 petitions and/or comments to Docket
                                                Railroad Administration (FRA) for a                     www.regulations.gov. Follow the online                 No. FRA–2016–0001.
                                                waiver of compliance from certain                       instructions for submitting comments.                  SUPPLEMENTARY INFORMATION: On May
                                                provisions of the Federal railroad safety                  • Fax: 202–493–2251.                                19, 2009, FRA published a direct final
                                                regulations contained at 49 CFR part                       • Mail: Docket Operations Facility,                 rule addressing the establishment of
                                                238, Passenger Equipment Safety                         U.S. Department of Transportation, 1200                ERDs and the procedures for handling


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Document Created: 2016-01-16 01:05:05
Document Modified: 2016-01-16 01:05:05
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 November 3, 2015. The exemptions expire on November 3, 2017.
ContactChristine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113, Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
FR Citation81 FR 1284 

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