81_FR_15459 81 FR 15404 - Qualification of Drivers; Exemption Applications; Vision

81 FR 15404 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 55 (March 22, 2016)

Page Range15404-15406
FR Document2016-06395

FMCSA announces its decision to exempt 36 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 55 (Tuesday, March 22, 2016)
[Federal Register Volume 81, Number 55 (Tuesday, March 22, 2016)]
[Notices]
[Pages 15404-15406]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06395]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0070]


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 36 individuals from the 
vision requirement in the Federal Motor Carrier Safety Regulations 
(FMCSRs). They are unable to meet the vision requirement in one eye for 
various reasons. The exemptions will enable these individuals to 
operate commercial motor vehicles (CMVs) in interstate commerce without 
meeting the prescribed vision requirement in one eye. The Agency has 
concluded that granting these exemptions will provide a level of safety 
that is equivalent to or greater than the level of safety maintained 
without the exemptions for these CMV drivers.

DATES: The exemptions were granted December 3, 2015. The exemptions 
expire on December 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 November 2, 2015, FMCSA published a notice of receipt of 
exemption applications from certain individuals, and requested comments 
from the public (80 FR 67476). That notice listed 36 applicants' case 
histories. The 36 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 36 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 36 
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, aniridia, anisotropic amblyopia, Best 
disease, branch retinal artery occlusion, chronic retinal detachment, 
complete loss of vision, corneal scar, fibrovascular

[[Page 15405]]

ingrowth, hypertropia, macular degeneration, macular edema, macular 
scar, partial coloboma, prosthetic eye, pseudophakia, refractive 
amblyopia, retinal detachment, retinal vein occlusion, strabismic 
amblyopia. In most cases, their eye conditions were not recently 
developed. Twenty-six of the applicants were either born with their 
vision impairments or have had them since childhood.
    The 10 individuals that sustained their vision conditions as adults 
have had it for a range of 2 to 54 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 36 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 3 to 54 
years. In the past three years, 2 drivers were involved in crashes, and 
3 drivers were convicted of moving violations in CMVs.
    The qualifications, experience, and medical condition of each 
applicant were stated and discussed in detail in the November 2, 2015 
notice (80 FR 67476).

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 36 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 36 applicants listed in the notice of 
November 2, 2015 (80 FR 67476).
    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 36

[[Page 15406]]

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 36 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)):

Raymond H. Annis (CA)
Joseph A. Basista (PA)
James T. Bauer (PA)
Duane W. Brzuchalski (AZ)
John D. Burns, Jr. (NY)
Stephen J. Calandrino (PA)
Randall S. Canedy (PA)
Rufus A. Dennis (TN)
David Diamond (IL)
David D. Frey (FL)
Jason T. Glaude (ME)
Patrick Griffin (OK)
Roger J. Hansen (WI)
Elvin M. Hursh (PA)
Tommy R. Jefferies (FL)
Jeffrey A. Keefer (OH)
Dale R. Knuppel (CO)
James J. Kopesky (WI)
Richard W. Korthanke (KS)
William E. Leimkuehler (CA)
Michael R. Letson (MI)
Jose A. Marco (TX)
Cole W. McLaughlin (SD)
Javier R. Morales (CA)
Clarence L. Ogle (SD)
Roy A. Quesada (PA)
Rafael Quintero (TX)
Clark M. Robinson (SC)
Donald L. Schoendienst (MO)
Wesley C. Slattery (KS)
James J. Slemmer, Jr. (PA)
Jeffrey W. Smith (NC)
Mark R. Stevens (IA)
Kevin A. Szafranski (ND)
Gerry W. Talbott (VA)
Raymond W. Teemer (NJ)

    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: March 16, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-06395 Filed 3-21-16; 8:45 am]
BILLING CODE 4910-EX-P



                                                    15404                         Federal Register / Vol. 81, No. 55 / Tuesday, March 22, 2016 / Notices

                                                       To submit your comment online, go to                   Issued on: March 3, 2016.                              Privacy Act: In accordance with 5
                                                    http://www.regulations.gov and in the                   Larry W. Minor,                                       U.S.C. 553(c), DOT solicits comments
                                                    search box insert the docket numbers                    Associate Administrator for Policy.                   from the public to better inform its
                                                    FMCSA–1998–4334; FMCSA–1999–                            [FR Doc. 2016–06390 Filed 3–21–16; 8:45 am]           rulemaking process. DOT posts these
                                                    5578; FMCSA–1999–5748; FMCSA–                           BILLING CODE 4910–EX–P                                comments, without edit, including any
                                                    1999–6156; FMCSA–2000–7363;                                                                                   personal information the commenter
                                                    FMCSA–2001–10578; FMCSA–2003–                                                                                 provides, to www.regulations.gov, as
                                                    15268; FMCSA–2003–15892; FMCSA–                         DEPARTMENT OF TRANSPORTATION                          described in the system of records
                                                    2005–22194; FMCSA–2005–22727;                                                                                 notice (DOT/ALL–14 FDMS), which can
                                                    FMCSA–2007–0017; FMCSA–2007–                            Federal Motor Carrier Safety                          be reviewed at www.dot.gov/privacy.
                                                    27897; FMCSA–2009–0154; FMCSA–                          Administration
                                                                                                                                                                  II. Background
                                                    2009–0206; FMCSA–2009–0303;                             [Docket No. FMCSA–2015–0070]
                                                    FMCSA–2011–0092; FMCSA–2011–                                                                                     On November 2, 2015, FMCSA
                                                    0142; FMCSA–2011–0190; FMCSA–                           Qualification of Drivers; Exemption                   published a notice of receipt of
                                                    2011–0298; FMCSA–2011–0325;                             Applications; Vision                                  exemption applications from certain
                                                    FMCSA–2013–0029; FMCSA–2013–                                                                                  individuals, and requested comments
                                                    0165; FMCSA–2–13–0166; FMCSA–                           AGENCY: Federal Motor Carrier Safety                  from the public (80 FR 67476). That
                                                    2013–0167; FMCSA–2013–0168;                             Administration (FMCSA), DOT.                          notice listed 36 applicants’ case
                                                    FMCSA–2013–0169; FMCSA–2013–                            ACTION: Notice of final disposition.                  histories. The 36 individuals applied for
                                                    0170; FMCSA–2013–0174 and click the                                                                           exemptions from the vision requirement
                                                                                                            SUMMARY:    FMCSA announces its                       in 49 CFR 391.41(b)(10), for drivers who
                                                    search button. When the new screen
                                                                                                            decision to exempt 36 individuals from                operate CMVs in interstate commerce.
                                                    appears, click on the blue ‘‘Comment
                                                                                                            the vision requirement in the Federal                    Under 49 U.S.C. 31136(e) and 31315,
                                                    Now!’’ button on the right hand side of
                                                                                                            Motor Carrier Safety Regulations                      FMCSA may grant an exemption for a 2-
                                                    the page. On the new page, enter
                                                                                                            (FMCSRs). They are unable to meet the                 year period if it finds ‘‘such exemption
                                                    information required including the
                                                                                                            vision requirement in one eye for                     would likely achieve a level of safety
                                                    specific section of this document to
                                                                                                            various reasons. The exemptions will                  that is equivalent to or greater than the
                                                    which each comment applies, and
                                                                                                            enable these individuals to operate                   level that would be achieved absent
                                                    provide a reason for each suggestion or
                                                                                                            commercial motor vehicles (CMVs) in                   such exemption.’’ The statute also
                                                    recommendation. If you submit your
                                                                                                            interstate commerce without meeting                   allows the Agency to renew exemptions
                                                    comments by mail or hand delivery,
                                                                                                            the prescribed vision requirement in                  at the end of the 2-year period.
                                                    submit them in an unbound format, no
                                                                                                            one eye. The Agency has concluded that                Accordingly, FMCSA has evaluated the
                                                    larger than 81⁄2 by 11 inches, suitable for
                                                                                                            granting these exemptions will provide                36 applications on their merits and
                                                    copying and electronic filing. If you
                                                                                                            a level of safety that is equivalent to or            made a determination to grant
                                                    submit comments by mail and would
                                                                                                            greater than the level of safety                      exemptions to each of them.
                                                    like to know that they reached the
                                                                                                            maintained without the exemptions for
                                                    facility, please enclose a stamped, self-                                                                     III. Vision and Driving Experience of
                                                                                                            these CMV drivers.
                                                    addressed postcard or envelope.                                                                               the Applicants
                                                       We will consider all comments and                    DATES: The exemptions were granted
                                                    material received during the comment                    December 3, 2015. The exemptions                         The vision requirement in the
                                                    period and may change the decision                      expire on December 3, 2017.                           FMCSRs provides:
                                                    based on your comments. FMCSA may                       FOR FURTHER INFORMATION CONTACT:                         A person is physically qualified to
                                                    issue a response at any time after the                  Christine A. Hydock, Chief, Medical                   drive a commercial motor vehicle if that
                                                    close of the comment period.                            Programs Division, (202) 366–4001,                    person has distant visual acuity of at
                                                                                                            fmcsamedical@dot.gov, FMCSA,                          least 20/40 (Snellen) in each eye
                                                    Viewing Comments and Documents                          Department of Transportation, 1200                    without corrective lenses or visual
                                                       To view comments, as well as any                     New Jersey Avenue SE., Room W64–                      acuity separately corrected to 20/40
                                                    documents mentioned in this preamble,                   113, Washington, DC 20590–0001.                       (Snellen) or better with corrective
                                                    go to http://www.regulations.gov and in                 Office hours are 8:30 a.m. to 5 p.m., e.t.,           lenses, distant binocular acuity of a least
                                                    the search box insert the docket number                 Monday through Friday, except Federal                 20/40 (Snellen) in both eyes with or
                                                    FMCSA–1998–4334; FMCSA–1999–                            holidays. If you have questions                       without corrective lenses, field of vision
                                                    5578; FMCSA–1999–5748; FMCSA–                           regarding viewing or submitting                       of at least 70° in the horizontal meridian
                                                    1999–6156; FMCSA–2000–7363;                             material to the docket, contact Docket                in each eye, and the ability to recognize
                                                    FMCSA–2001–10578; FMCSA–2003–                           Services, telephone (202) 366–9826.                   the colors of traffic signals and devices
                                                    15268; FMCSA–2003–15892; FMCSA–                         SUPPLEMENTARY INFORMATION:                            showing red, green, and amber (49 CFR
                                                    2005–22194; FMCSA–2005–22727;                                                                                 391.41(b)(10)).
                                                    FMCSA–2007–0017; FMCSA–2007–                            I. Electronic Access                                     FMCSA recognizes that some drivers
                                                    27897; FMCSA–2009–0154; FMCSA–                             You may see all the comments online                do not meet the vision requirement but
                                                    2009–0206; FMCSA–2009–0303;                             through the Federal Document                          have adapted their driving to
                                                    FMCSA–2011–0092; FMCSA–2011–                            Management System (FDMS) at http://                   accommodate their vision limitation
                                                    0142; FMCSA–2011–0190; FMCSA–                           www.regulations.gov.                                  and demonstrated their ability to drive
                                                    2011–0298; FMCSA–2011–0325;                                Docket: For access to the docket to                safely. The 36 exemption applicants
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    FMCSA–2013–0029; FMCSA–2013–                            read background documents or                          listed in this notice are in this category.
                                                    0165; FMCSA–2–13–0166; FMCSA–                           comments, go to http://                               They are unable to meet the vision
                                                    2013–0167; FMCSA–2013–0168;                             www.regulations.gov and/or Room                       requirement in one eye for various
                                                    FMCSA–2013–0169; FMCSA–2013–                            W12–140 on the ground level of the                    reasons, including amblyopia, aniridia,
                                                    0170; FMCSA–2013–0174 and click                         West Building, 1200 New Jersey Avenue                 anisotropic amblyopia, Best disease,
                                                    ‘‘Search.’’ Next, click ‘‘Open Docket                   SE., Washington, DC, between 9 a.m.                   branch retinal artery occlusion, chronic
                                                    Folder’’ and you will find all documents                and 5 p.m., Monday through Friday,                    retinal detachment, complete loss of
                                                    and related comments.                                   except Federal holidays.                              vision, corneal scar, fibrovascular


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                                                                                  Federal Register / Vol. 81, No. 55 / Tuesday, March 22, 2016 / Notices                                             15405

                                                    ingrowth, hypertropia, macular                          restricting him or her to driving in                  Record Study prepared by the California
                                                    degeneration, macular edema, macular                    intrastate commerce.                                  Department of Motor Vehicles
                                                    scar, partial coloboma, prosthetic eye,                    To evaluate the effect of these                    concluded that the best overall crash
                                                    pseudophakia, refractive amblyopia,                     exemptions on safety, FMCSA                           predictor for both concurrent and
                                                    retinal detachment, retinal vein                        considered the medical reports about                  nonconcurrent events is the number of
                                                    occlusion, strabismic amblyopia. In                     the applicants’ vision as well as their               single convictions. This study used 3
                                                    most cases, their eye conditions were                   driving records and experience with the               consecutive years of data, comparing the
                                                    not recently developed. Twenty-six of                   vision deficiency.                                    experiences of drivers in the first 2 years
                                                    the applicants were either born with                       To qualify for an exemption from the               with their experiences in the final year.
                                                    their vision impairments or have had                    vision requirement, FMCSA requires a                     Applying principles from these
                                                    them since childhood.                                   person to present verifiable evidence                 studies to the past 3-year record of the
                                                       The 10 individuals that sustained                    that he/she has driven a commercial                   36 applicants, 2 drivers were involved
                                                    their vision conditions as adults have                  vehicle safely with the vision deficiency             in crashes, and 3 drivers were convicted
                                                    had it for a range of 2 to 54 years.                    for the past 3 years. Recent driving                  of moving violations in a CMV. All the
                                                       Although each applicant has one eye                  performance is especially important in                applicants achieved a record of safety
                                                    which does not meet the vision                          evaluating future safety, according to                while driving with their vision
                                                    requirement in 49 CFR 391.41(b)(10),                    several research studies designed to                  impairment, demonstrating the
                                                    each has at least 20/40 corrected vision                correlate past and future driving                     likelihood that they have adapted their
                                                    in the other eye, and in a doctor’s                     performance. Results of these studies                 driving skills to accommodate their
                                                    opinion, has sufficient vision to perform               support the principle that the best                   condition. As the applicants’ ample
                                                    all the tasks necessary to operate a CMV.               predictor of future performance by a                  driving histories with their vision
                                                    Doctors’ opinions are supported by the                  driver is his/her past record of crashes              deficiencies are good predictors of
                                                    applicants’ possession of valid                         and traffic violations. Copies of the                 future performance, FMCSA concludes
                                                    commercial driver’s licenses (CDLs) or                  studies may be found at Docket Number                 their ability to drive safely can be
                                                    non-CDLs to operate CMVs. Before                        FMCSA–1998–3637.                                      projected into the future.
                                                    issuing CDLs, States subject drivers to                    FMCSA believes it can properly apply                  We believe that the applicants’
                                                    knowledge and skills tests designed to                  the principle to monocular drivers,                   intrastate driving experience and history
                                                    evaluate their qualifications to operate a              because data from the Federal Highway                 provide an adequate basis for predicting
                                                    CMV.                                                    Administration’s (FHWA) former waiver                 their ability to drive safely in interstate
                                                       All of these applicants satisfied the                study program clearly demonstrate the                 commerce. Intrastate driving, like
                                                    testing requirements for their State of                 driving performance of experienced                    interstate operations, involves
                                                    residence. By meeting State licensing                   monocular drivers in the program is                   substantial driving on highways on the
                                                    requirements, the applicants                            better than that of all CMV drivers                   interstate system and on other roads
                                                    demonstrated their ability to operate a                 collectively (See 61 FR 13338, 13345,                 built to interstate standards. Moreover,
                                                    CMV, with their limited vision, to the                  March 26, 1996). The fact that                        driving in congested urban areas
                                                    satisfaction of the State.                              experienced monocular drivers                         exposes the driver to more pedestrian
                                                       While possessing a valid CDL or non-                 demonstrated safe driving records in the              and vehicular traffic than exists on
                                                    CDL, these 36 drivers have been                         waiver program supports a conclusion                  interstate highways. Faster reaction to
                                                    authorized to drive a CMV in intrastate                 that other monocular drivers, meeting                 traffic and traffic signals is generally
                                                    commerce, even though their vision                      the same qualifying conditions as those               required because distances between
                                                    disqualified them from driving in                       required by the waiver program, are also              them are more compact. These
                                                    interstate commerce. They have driven                   likely to have adapted to their vision                conditions tax visual capacity and
                                                    CMVs with their limited vision in                       deficiency and will continue to operate               driver response just as intensely as
                                                    careers ranging for 3 to 54 years. In the               safely.                                               interstate driving conditions. The
                                                    past three years, 2 drivers were involved                  The first major research correlating               veteran drivers in this proceeding have
                                                    in crashes, and 3 drivers were convicted                past and future performance was done                  operated CMVs safely under those
                                                    of moving violations in CMVs.                           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
                                                    the November 2, 2015 notice (80 FR                      certain risks for two different time                  interstate commerce as safely as he/she
                                                    67476).                                                 periods vary only slightly (See Bates                 has been performing in intrastate
                                                                                                            and Neyman, University of California                  commerce. Consequently, FMCSA finds
                                                    IV. Basis for Exemption Determination                   Publications in Statistics, April 1952).              that exempting these applicants from
                                                      Under 49 U.S.C. 31136(e) and 31315,                   Other studies demonstrated theories of                the vision requirement in 49 CFR
                                                    FMCSA may grant an exemption from                       predicting crash proneness from crash                 391.41(b)(10) is likely to achieve a level
                                                    the vision requirement in 49 CFR                        history coupled with other factors.                   of safety equal to that existing without
                                                    391.41(b)(10) if the exemption is likely                These factors—such as age, sex,                       the exemption. For this reason, the
                                                    to achieve an equivalent or greater level               geographic location, mileage driven and               Agency is granting the exemptions for
                                                    of safety than would be achieved                        conviction history—are used every day                 the 2-year period allowed by 49 U.S.C.
                                                    without the exemption. Without the                      by insurance companies and motor                      31136(e) and 31315 to the 36 applicants
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                                                    exemption, applicants will continue to                  vehicle bureaus to predict the                        listed in the notice of November 2, 2015
                                                    be restricted to intrastate driving. With               probability of an individual                          (80 FR 67476).
                                                    the exemption, applicants can drive in                  experiencing future crashes (See Weber,                  We recognize that the vision of an
                                                    interstate commerce. Thus, our analysis                 Donald C., ‘‘Accident Rate Potential: An              applicant may change and affect his/her
                                                    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 36


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                                                    15406                         Federal Register / Vol. 81, No. 55 / Tuesday, March 22, 2016 / Notices

                                                    individuals consistent with the                         Clark M. Robinson (SC)                                standards, design, construction, and
                                                    grandfathering provisions applied to                    Donald L. Schoendienst (MO)                           installation procedures to provide a
                                                    drivers who participated in the                         Wesley C. Slattery (KS)                               replacement switch. DTC issued two
                                                    Agency’s vision waiver program.                         James J. Slemmer, Jr. (PA)                            requests for proposals (RFPs) for
                                                       Those requirements are found at 49                   Jeffrey W. Smith (NC)                                 procurement of the switch, and received
                                                    CFR 391.64(b) and include the                           Mark R. Stevens (IA)                                  only one proposal, which was not Buy
                                                    following: (1) That each individual be                  Kevin A. Szafranski (ND)                              America-complaint. 49 U.S.C. 5323(j)(2)
                                                    physically examined every year (a) by                   Gerry W. Talbott (VA)                                 and 49 CFR 661.7(c)(2). In accordance
                                                    an ophthalmologist or optometrist who                   Raymond W. Teemer (NJ)                                with 49 U.S.C. 5323(j)(3)(A), FTA is
                                                    attests that the vision in the better eye                  In accordance with 49 U.S.C. 31136(e)              providing notice of the non-availability
                                                    continues to meet the requirement in 49                 and 31315, each exemption will be valid               waiver request and seeks public
                                                    CFR 391.41(b)(10) and (b) by a medical                  for 2 years unless revoked earlier by                 comment before deciding whether to
                                                    examiner who attests that the individual                FMCSA. The exemption will be revoked                  grant the request. If granted, the waiver
                                                    is otherwise physically qualified under                 if: (1) The person fails to comply with               would apply for the switch identified in
                                                    49 CFR 391.41; (2) that each individual                 the terms and conditions of the                       the waiver request.
                                                    provide a copy of the ophthalmologist’s                 exemption; (2) the exemption has                      DATES: Comments must be received by
                                                    or optometrist’s report to the medical                  resulted in a lower level of safety than              March 29, 2016. Late-filed comments
                                                    examiner at the time of the annual                      was maintained before it was granted; or              will be considered to the extent
                                                    medical examination; and (3) that each                  (3) continuation of the exemption would               practicable.
                                                    individual provide a copy of the annual                 not be consistent with the goals and                  ADDRESSES: Please submit your
                                                    medical certification to the employer for               objectives of 49 U.S.C. 31136 and 31315.              comments by one of the following
                                                    retention in the driver’s qualification                    If the exemption is still effective at the         means, identifying your submissions by
                                                    file, or keep a copy in his/her driver’s                end of the 2-year period, the person may              docket number FTA–2016–0005:
                                                    qualification file if he/she is self-                   apply to FMCSA for a renewal under                      1. Web site: http://
                                                    employed. The driver must have a copy                   procedures in effect at that time.                    www.regulations.gov. Follow the
                                                    of the certification when driving, for                    Issued on: March 16, 2016.                          instructions for submitting comments
                                                    presentation to a duly authorized                                                                             on the U.S. Government electronic
                                                                                                            Larry W. Minor,
                                                    Federal, State, or local enforcement                                                                          docket site.
                                                    official.                                               Associate Administrator for Policy.
                                                                                                                                                                    2. Fax: (202) 493–2251.
                                                                                                            [FR Doc. 2016–06395 Filed 3–21–16; 8:45 am]
                                                    V. Discussion of Comments                                                                                       3. Mail: U.S. Department of
                                                                                                            BILLING CODE 4910–EX–P
                                                                                                                                                                  Transportation, 1200 New Jersey
                                                      FMCSA received no comments in this                                                                          Avenue SE., Docket Operations, M–30,
                                                    proceeding.                                                                                                   West Building, Ground Floor, Room
                                                                                                            DEPARTMENT OF TRANSPORTATION
                                                    IV. Conclusion                                                                                                W12–140, Washington, DC 20590–0001.
                                                                                                            Federal Transit Administration                          4. Hand Delivery: U.S. Department of
                                                       Based upon its evaluation of the 36                                                                        Transportation, 1200 New Jersey
                                                    exemption applications, FMCSA                           [Docket No. FTA–2016–0005]                            Avenue SE., Docket Operations, M–30,
                                                    exempts the following drivers from the                                                                        West Building, Ground Floor, Room
                                                    vision requirement in 49 CFR                            Notice of Proposed Buy America                        W12–140, Washington, DC 20590–0001
                                                    391.41(b)(10), subject to the                           Waiver for Special Trackwork Turnout                  between 9 a.m. and 5 p.m., Monday
                                                    requirements cited above (49 CFR                        Switch Components                                     through Friday, except Federal holidays.
                                                    391.64(b)):                                                                                                     Instructions: All submissions must
                                                                                                            AGENCY:    Federal Transit Administration,
                                                    Raymond H. Annis (CA)                                   DOT.                                                  make reference to the ‘‘Federal Transit
                                                    Joseph A. Basista (PA)                                                                                        Administration’’ and include docket
                                                    James T. Bauer (PA)                                     ACTION: Notice of Proposed Buy America
                                                                                                                                                                  number FTA–2016–0005. Due to the
                                                    Duane W. Brzuchalski (AZ)                               waiver and request for comment.
                                                                                                                                                                  security procedures in effect since
                                                    John D. Burns, Jr. (NY)                                 SUMMARY:   The Federal Transit                        October 2011, mail received through the
                                                    Stephen J. Calandrino (PA)                                                                                    U.S. Postal Service may be subject to
                                                                                                            Administration (FTA) received a request
                                                    Randall S. Canedy (PA)                                                                                        delays. Parties making submissions
                                                                                                            from the Detroit Transportation
                                                    Rufus A. Dennis (TN)                                                                                          responsive to this notice should
                                                    David Diamond (IL)                                      Corporation (DTC) for a Buy America
                                                                                                            non-availability waiver for the                       consider using an express mail firm to
                                                    David D. Frey (FL)                                                                                            ensure the prompt filing of any
                                                    Jason T. Glaude (ME)                                    procurement of two special trackwork
                                                                                                            turnout switch components (switch).                   submissions not filed electronically or
                                                    Patrick Griffin (OK)                                                                                          by hand. Note that all submissions
                                                    Roger J. Hansen (WI)                                    The existing switches were installed as
                                                                                                            original equipment in 1987 and                        received, including any personal
                                                    Elvin M. Hursh (PA)
                                                                                                            designed to European standards, using                 information therein, will be posted
                                                    Tommy R. Jefferies (FL)
                                                                                                            AREMA 115RE rail throughout the                       without change or alteration to http://
                                                    Jeffrey A. Keefer (OH)
                                                    Dale R. Knuppel (CO)                                    turnout with a special 60E1A1 switch                  www.regulations.gov. For more
                                                    James J. Kopesky (WI)                                   point section. The proper operation of                information, you may review DOT’s
                                                                                                            the switch is essential for the continued,            complete Privacy Act Statement in the
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                                                    Richard W. Korthanke (KS)
                                                    William E. Leimkuehler (CA)                             safe operations of DTC vehicles. DTC                  Federal Register published April 11,
                                                    Michael R. Letson (MI)                                  seeks a waiver for the switch because                 2000 (65 FR 19477), or you may visit
                                                    Jose A. Marco (TX)                                      there are no domestic manufacturers of                http://www.regulations.gov.
                                                    Cole W. McLaughlin (SD)                                 the switch. In addition, European design              FOR FURTHER INFORMATION CONTACT:
                                                    Javier R. Morales (CA)                                  and the proprietary nature of the                     Laura Ames, FTA Attorney-Advisor, at
                                                    Clarence L. Ogle (SD)                                   equipment means that alternative                      (202) 366–2743 or Laura.Ames@dot.gov.
                                                    Roy A. Quesada (PA)                                     proposers would need to first                         SUPPLEMENTARY INFORMATION: The
                                                    Rafael Quintero (TX)                                    familiarize themselves with European                  purpose of this notice is to provide


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Document Created: 2018-02-02 15:15:41
Document Modified: 2018-02-02 15:15:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of final disposition.
DatesThe exemptions were granted December 3, 2015. The exemptions expire on December 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 15404 

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