81_FR_28225 81 FR 28136 - Qualification of Drivers; Exemption Applications; Vision

81 FR 28136 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 89 (May 9, 2016)

Page Range28136-28138
FR Document2016-10891

FMCSA announces its decision to exempt 20 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 89 (Monday, May 9, 2016)
[Federal Register Volume 81, Number 89 (Monday, May 9, 2016)]
[Notices]
[Pages 28136-28138]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-10891]



[[Page 28136]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0348]


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 20 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 March 10, 2016. The exemptions 
expire on March 10, 2018.

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 February 8, 2016, FMCSA published a notice of receipt of 
exemption applications from certain individuals, and requested comments 
from the public (81 FR 6573). That notice listed 20 applicants' case 
histories. The 20 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 20 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 20 
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, complete loss of vision, corneal 
dystrophy, corneal transplant, macular degeneration, macular hole, 
optic nerve hypoplasia, prosthetic eye, refractive amblyopia, and 
retinal detachment. In most cases, their eye conditions were not 
recently developed. Twelve of the applicants were either born with 
their vision impairments or have had them since childhood.
    The 8 individuals that sustained their vision conditions as adults 
have had it for a range of 4 to 40 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 20 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 35 
years. In the past three years, 3 drivers were involved in crashes, and 
1 driver was convicted of a moving violation in a CMV.
    The qualifications, experience, and medical condition of each 
applicant were stated and discussed in detail in the February 8, 2016 
notice (81 FR 6573).

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

[[Page 28137]]

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 20 applicants, 3 drivers were involved in crashes, and 1 driver was 
convicted of a moving violation 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 20 applicants listed in the notice of 
February 8, 2016 (81 FR 6573).
    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 20 individuals consistent with the grandfathering provisions 
applied to drivers who participated in the Agency's vision waiver 
program.
    Those requirements are found at 49 CFR 391.64(b) and include the 
following:
    (1) That each individual be physically examined every year (a) by 
an ophthalmologist or optometrist who attests that the vision in the 
better eye continues to meet the requirement in 49 CFR 391.41(b)(10) 
and (b) by a medical examiner who attests that the individual is 
otherwise physically qualified under 49 CFR 391.41; (2) that each 
individual provide a copy of the ophthalmologist's or optometrist's 
report to the medical examiner at the time of the annual medical 
examination; and (3) that each individual provide a copy of the annual 
medical certification to the employer for retention in the driver's 
qualification file, or keep a copy in his/her driver's qualification 
file if he/she is self-employed. The driver must have a copy of the 
certification when driving, for presentation to a duly authorized 
Federal, State, or local enforcement official.

V. Discussion of Comments

    FMCSA received no comments in this proceeding.

VI. Conclusion

    Based upon its evaluation of the 20 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)):

Lonnie D. Barber (NC)
Thomas M. Bowman (OH)
Daniel T. Brown (OH)
Samuel S. Byler (PA)
Robert Fawcett, Jr. (PA)
James T. Friesner, Jr. (OH)
Harry J. Glynn (LA)
Jerry L. Gray (AL)
Lloyd Hinton (NY)
James M. Knef (NJ)
Cody McDonnell (OR)
Brandon J. Michalko (NY)
John L. Ratayczak (WI)
Dennis C. Rokes (IA)
Brian W. Roughton (MO)
Eric A. Simonsen (SC)
Brian S. Tuttle (KY)
Steven A. Van Raalte (IL)
Marvin L. Wernimont (IA)
Brian J. Yole (TX)

    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.


[[Page 28138]]


    Issued on: May 2, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-10891 Filed 5-6-16; 8:45 am]
 BILLING CODE 4910-EX-P



                                                  28136                           Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Notices

                                                  DEPARTMENT OF TRANSPORTATION                            provides, to www.regulations.gov, as                     The 8 individuals that sustained their
                                                                                                          described in the system of records                    vision conditions as adults have had it
                                                  Federal Motor Carrier Safety                            notice (DOT/ALL–14 FDMS), which can                   for a range of 4 to 40 years.
                                                  Administration                                          be reviewed at www.dot.gov/privacy.                      Although each applicant has one eye
                                                                                                                                                                which does not meet the vision
                                                  [Docket No. FMCSA–2015–0348]                            II. Background                                        requirement in 49 CFR 391.41(b)(10),
                                                  Qualification of Drivers; Exemption                        On February 8, 2016, FMCSA                         each has at least 20/40 corrected vision
                                                  Applications; Vision                                    published a notice of receipt of                      in the other eye, and in a doctor’s
                                                                                                          exemption applications from certain                   opinion, has sufficient vision to perform
                                                  AGENCY: Federal Motor Carrier Safety                    individuals, and requested comments                   all the tasks necessary to operate a CMV.
                                                  Administration (FMCSA), DOT.                            from the public (81 FR 6573). That                    Doctors’ opinions are supported by the
                                                  ACTION: Notice of final disposition.                    notice listed 20 applicants’ case                     applicants’ possession of valid
                                                                                                          histories. The 20 individuals applied for             commercial driver’s licenses (CDLs) or
                                                  SUMMARY:    FMCSA announces its                         exemptions from the vision requirement                non-CDLs to operate CMVs. Before
                                                  decision to exempt 20 individuals from                  in 49 CFR 391.41(b)(10), for drivers who              issuing CDLs, States subject drivers to
                                                  the vision requirement in the Federal                   operate CMVs in interstate commerce.                  knowledge and skills tests designed to
                                                  Motor Carrier Safety Regulations                           Under 49 U.S.C. 31136(e) and 31315,                evaluate their qualifications to operate a
                                                  (FMCSRs). They are unable to meet the                   FMCSA may grant an exemption for a 2-                 CMV.
                                                  vision requirement in one eye for                       year period if it finds ‘‘such exemption                 All of these applicants satisfied the
                                                  various reasons. The exemptions will                    would likely achieve a level of safety                testing requirements for their State of
                                                  enable these individuals to operate                     that is equivalent to or greater than the             residence. By meeting State licensing
                                                  commercial motor vehicles (CMVs) in                     level that would be achieved absent                   requirements, the applicants
                                                  interstate commerce without meeting                     such exemption.’’ The statute also                    demonstrated their ability to operate a
                                                  the prescribed vision requirement in                    allows the Agency to renew exemptions                 CMV, with their limited vision, to the
                                                  one eye. The Agency has concluded that                  at the end of the 2-year period.                      satisfaction of the State.
                                                  granting these exemptions will provide                  Accordingly, FMCSA has evaluated the                     While possessing a valid CDL or non-
                                                  a level of safety that is equivalent to or              20 applications on their merits and                   CDL, these 20 drivers have been
                                                  greater than the level of safety                        made a determination to grant                         authorized to drive a CMV in intrastate
                                                  maintained without the exemptions for                   exemptions to each of them.                           commerce, even though their vision
                                                  these CMV drivers.                                      III. Vision and Driving Experience of                 disqualified them from driving in
                                                  DATES: The exemptions were granted                      the Applicants                                        interstate commerce. They have driven
                                                  March 10, 2016. The exemptions expire                                                                         CMVs with their limited vision in
                                                                                                             The vision requirement in the                      careers ranging for 3 to 35 years. In the
                                                  on March 10, 2018.
                                                                                                          FMCSRs provides:                                      past three years, 3 drivers were involved
                                                  FOR FURTHER INFORMATION CONTACT:                           A person is physically qualified to                in crashes, and 1 driver was convicted
                                                  Christine A. Hydock, Chief, Medical                     drive a commercial motor vehicle if that              of a moving violation in a CMV.
                                                  Programs Division, (202) 366–4001,                      person has distant visual acuity of at                   The qualifications, experience, and
                                                  fmcsamedical@dot.gov, FMCSA,                            least 20/40 (Snellen) in each eye                     medical condition of each applicant
                                                  Department of Transportation, 1200                      without corrective lenses or visual                   were stated and discussed in detail in
                                                  New Jersey Avenue SE., Room W64–                        acuity separately corrected to 20/40                  the February 8, 2016 notice (81 FR
                                                  113, Washington, DC 20590–0001.                         (Snellen) or better with corrective                   6573).
                                                  Office hours are 8:30 a.m. to 5 p.m., e.t.,             lenses, distant binocular acuity of a least
                                                  Monday through Friday, except Federal                   20/40 (Snellen) in both eyes with or                  IV. Basis for Exemption Determination
                                                  holidays. If you have questions                         without corrective lenses, field of vision              Under 49 U.S.C. 31136(e) and 31315,
                                                  regarding viewing or submitting                         of at least 70° in the horizontal meridian            FMCSA may grant an exemption from
                                                  material to the docket, contact Docket                  in each eye, and the ability to recognize             the vision requirement in 49 CFR
                                                  Services, telephone (202) 366–9826.                     the colors of traffic signals and devices             391.41(b)(10) if the exemption is likely
                                                  SUPPLEMENTARY INFORMATION:                              showing red, green, and amber (49 CFR                 to achieve an equivalent or greater level
                                                                                                          391.41(b)(10)).                                       of safety than would be achieved
                                                  I. Electronic Access                                       FMCSA recognizes that some drivers                 without the exemption. Without the
                                                     You may see all the comments online                  do not meet the vision requirement but                exemption, applicants will continue to
                                                  through the Federal Document                            have adapted their driving to                         be restricted to intrastate driving. With
                                                  Management System (FDMS) at http://                     accommodate their vision limitation                   the exemption, applicants can drive in
                                                  www.regulations.gov.                                    and demonstrated their ability to drive               interstate commerce. Thus, our analysis
                                                     Docket: For access to the docket to                  safely. The 20 exemption applicants                   focuses on whether an equal or greater
                                                  read background documents or                            listed in this notice are in this category.           level of safety is likely to be achieved by
                                                  comments, go to http://                                 They are unable to meet the vision                    permitting each of these drivers to drive
                                                  www.regulations.gov and/or Room                         requirement in one eye for various                    in interstate commerce as opposed to
                                                  W12–140 on the ground level of the                      reasons, including amblyopia, complete                restricting him or her to driving in
                                                  West Building, 1200 New Jersey Avenue                   loss of vision, corneal dystrophy,                    intrastate commerce.
                                                  SE., Washington, DC, between 9 a.m.                     corneal transplant, macular                             To evaluate the effect of these
                                                  and 5 p.m., Monday through Friday,                      degeneration, macular hole, optic nerve               exemptions on safety, FMCSA
mstockstill on DSK3G9T082PROD with NOTICES




                                                  except Federal holidays.                                hypoplasia, prosthetic eye, refractive                considered the medical reports about
                                                     Privacy Act: In accordance with 5                    amblyopia, and retinal detachment. In                 the applicants’ vision as well as their
                                                  U.S.C. 553(c), DOT solicits comments                    most cases, their eye conditions were                 driving records and experience with the
                                                  from the public to better inform its                    not recently developed. Twelve of the                 vision deficiency.
                                                  rulemaking process. DOT posts these                     applicants were either born with their                  To qualify for an exemption from the
                                                  comments, without edit, including any                   vision impairments or have had them                   vision requirement, FMCSA requires a
                                                  personal information the commenter                      since childhood.                                      person to present verifiable evidence


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                                                                                  Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Notices                                                28137

                                                  that he/she has driven a commercial                     20 applicants, 3 drivers were involved                continues to meet the requirement in 49
                                                  vehicle safely with the vision deficiency               in crashes, and 1 driver was convicted                CFR 391.41(b)(10) and (b) by a medical
                                                  for the past 3 years. Recent driving                    of a moving violation 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 no comments in this
                                                  collectively (See 61 FR 13338, 13345,                   built to interstate standards. Moreover,              proceeding.
                                                  March 26, 1996). The fact that                          driving in congested urban areas
                                                  experienced monocular drivers                           exposes the driver to more pedestrian                 VI. Conclusion
                                                  demonstrated safe driving records in the                and vehicular traffic than exists on                     Based upon its evaluation of the 20
                                                  waiver program supports a conclusion                    interstate highways. Faster reaction to               exemption applications, FMCSA
                                                  that other monocular drivers, meeting                   traffic and traffic signals is generally              exempts the following drivers from the
                                                  the same qualifying conditions as those                 required because distances between                    vision requirement in 49 CFR
                                                  required by the waiver program, are also                them are more compact. These                          391.41(b)(10), subject to the
                                                  likely to have adapted to their vision                  conditions tax visual capacity and                    requirements cited above (49 CFR
                                                  deficiency and will continue to operate                 driver response just as intensely as                  391.64(b)):
                                                  safely.                                                 interstate driving conditions. The                    Lonnie D. Barber (NC)
                                                     The first major research correlating                 veteran drivers in this proceeding have               Thomas M. Bowman (OH)
                                                  past and future performance was done                    operated CMVs safely under those                      Daniel T. Brown (OH)
                                                  in England by Greenwood and Yule in                     conditions for at least 3 years, most for             Samuel S. Byler (PA)
                                                  1920. Subsequent studies, building on                   much longer. Their experience and                     Robert Fawcett, Jr. (PA)
                                                  that model, concluded that crash rates                  driving records lead us to believe that               James T. Friesner, Jr. (OH)
                                                  for the same individual exposed to                      each applicant is capable of operating in             Harry J. Glynn (LA)
                                                  certain risks for two different time                    interstate commerce as safely as he/she
                                                                                                                                                                Jerry L. Gray (AL)
                                                  periods vary only slightly (See Bates                   has been performing in intrastate
                                                                                                                                                                Lloyd Hinton (NY)
                                                  and Neyman, University of California                    commerce. Consequently, FMCSA finds
                                                  Publications in Statistics, April 1952).                                                                      James M. Knef (NJ)
                                                                                                          that exempting these applicants from
                                                  Other studies demonstrated theories of                                                                        Cody McDonnell (OR)
                                                                                                          the vision requirement in 49 CFR
                                                  predicting crash proneness from crash                                                                         Brandon J. Michalko (NY)
                                                                                                          391.41(b)(10) is likely to achieve a level
                                                  history coupled with other factors.                                                                           John L. Ratayczak (WI)
                                                                                                          of safety equal to that existing without
                                                  These factors—such as age, sex,                                                                               Dennis C. Rokes (IA)
                                                                                                          the exemption. For this reason, the
                                                  geographic location, mileage driven and                                                                       Brian W. Roughton (MO)
                                                                                                          Agency is granting the exemptions for
                                                  conviction history—are used every day                                                                         Eric A. Simonsen (SC)
                                                                                                          the 2-year period allowed by 49 U.S.C.
                                                  by insurance companies and motor                        31136(e) and 31315 to the 20 applicants               Brian S. Tuttle (KY)
                                                  vehicle bureaus to predict the                          listed in the notice of February 8, 2016              Steven A. Van Raalte (IL)
                                                  probability of an individual                            (81 FR 6573).                                         Marvin L. Wernimont (IA)
                                                  experiencing future crashes (See Weber,                    We recognize that the vision of an                 Brian J. Yole (TX)
                                                  Donald C., ‘‘Accident Rate Potential: An                applicant may change and affect his/her                  In accordance with 49 U.S.C. 31136(e)
                                                  Application of Multiple Regression                      ability to operate a CMV as safely as in              and 31315, each exemption will be valid
                                                  Analysis of a Poisson Process,’’ Journal                the past. As a condition of the                       for 2 years unless revoked earlier by
                                                  of American Statistical Association,                    exemption, therefore, FMCSA will                      FMCSA. The exemption will be revoked
                                                  June 1971). A 1964 California Driver                    impose requirements on the 20                         if: (1) The person fails to comply with
                                                  Record Study prepared by the California                 individuals consistent with the                       the terms and conditions of the
                                                  Department of Motor Vehicles                            grandfathering provisions applied to                  exemption; (2) the exemption has
                                                  concluded that the best overall crash                   drivers who participated in the                       resulted in a lower level of safety than
                                                  predictor for both concurrent and                                                                             was maintained before it was granted; or
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                          Agency’s vision waiver program.
                                                  nonconcurrent events is the number of                      Those requirements are found at 49                 (3) continuation of the exemption would
                                                  single convictions. This study used 3                   CFR 391.64(b) and include the                         not be consistent with the goals and
                                                  consecutive years of data, comparing the                following:                                            objectives of 49 U.S.C. 31136 and 31315.
                                                  experiences of drivers in the first 2 years                (1) That each individual be physically                If the exemption is still effective at the
                                                  with their experiences in the final year.               examined every year (a) by an                         end of the 2-year period, the person may
                                                     Applying principles from these                       ophthalmologist or optometrist who                    apply to FMCSA for a renewal under
                                                  studies to the past 3-year record of the                attests that the vision in the better eye             procedures in effect at that time.


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                                                  28138                           Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Notices

                                                    Issued on: May 2, 2016.                               on-line instructions for submitting                   the vision requirements in 49 CFR
                                                  Larry W. Minor,                                         comments.                                             391.41(b)(10), which applies to drivers
                                                  Associate Administrator for Policy.                       • Mail: Docket Management Facility;                 of CMVs in interstate commerce, for a
                                                  [FR Doc. 2016–10891 Filed 5–6–16; 8:45 am]              U.S. Department of Transportation, 1200               two-year period if it finds ‘‘such
                                                  BILLING CODE 4910–EX–P
                                                                                                          New Jersey Avenue SE., West Building                  exemption would likely achieve a level
                                                                                                          Ground Floor, Room W12–140,                           of safety that is equivalent to or greater
                                                                                                          Washington, DC 20590–0001.                            than the level that would be achieved
                                                  DEPARTMENT OF TRANSPORTATION                              • Hand Delivery or Courier: West                    absent such exemption.’’ The
                                                                                                          Building Ground Floor, Room W12–140,                  procedures for requesting an exemption
                                                  Federal Motor Carrier Safety                            1200 New Jersey Avenue SE.,                           (including renewals) are set out in 49
                                                  Administration                                          Washington, DC, between 9 a.m. and 5                  CFR part 381.
                                                                                                          p.m., Monday through Friday, except
                                                  [Docket No. FMCSA–1999–6480; FMCSA–                     Federal Holidays.                                     Exemption Decision
                                                  2000–7363; FMCSA–2004–17195; FMCSA–                       • Fax: 1–202–493–2251.                                 This notice addresses 43 individuals
                                                  2005–23099; FMCSA–2007–0071; FMCSA–
                                                                                                            Instructions: Each submission must                  who have requested renewal of their
                                                  2009–0011; FMCSA–2009–0291; FMCSA–
                                                  2009–0303; FMCSA–2010–0050; FMCSA–
                                                                                                          include the Agency name and the                       exemptions in accordance with FMCSA
                                                  2011–0379; FMCSA–2011–0380; FMCSA–                      docket number for this notice. Note that              procedures. FMCSA has evaluated these
                                                  2012–0040; FMCSA–2012–0104; FMCSA–                      DOT posts all comments received                       43 applications for renewal on their
                                                  2013–0174; FMCSA–2014–0002; FMCSA–                      without change to http://                             merits and decided to extend each
                                                  2014–0003; FMCSA–2014–0004; FMCSA–                      www.regulations.gov, including any                    exemption for a renewable two-year
                                                  2014–0005]                                              personal information included in a                    period. Each individual is identified
                                                                                                          comment. Please see the Privacy Act                   according to the renewal date.
                                                  Qualification of Drivers; Exemption                     heading below.                                           The exemptions are extended subject
                                                  Applications; Vision                                      Docket: For access to the docket to                 to the following conditions: (1) That
                                                  AGENCY: Federal Motor Carrier Safety                    read background documents or                          each individual has a physical
                                                  Administration (FMCSA), DOT.                            comments, go to http://                               examination every year (a) by an
                                                                                                          www.regulations.gov at any time or                    ophthalmologist or optometrist who
                                                  ACTION: Notice of renewal of
                                                                                                          Room W12–140 on the ground level of                   attests that the vision in the better eye
                                                  exemptions; request for comments.                       the West Building, 1200 New Jersey                    continues to meet the requirements in
                                                  SUMMARY:   FMCSA announces its                          Avenue SE., Washington, DC, between 9                 49 CFR 391.41(b)(10), and (b) by a
                                                  decision to renew the exemptions from                   a.m. and 5 p.m., Monday through                       medical examiner who attests that the
                                                  the vision requirement in the Federal                   Friday, except Federal holidays. The                  individual is otherwise physically
                                                  Motor Carrier Safety Regulations for 43                 Federal Docket Management System                      qualified under 49 CFR 391.41; (2) that
                                                  individuals. FMCSA has statutory                        (FDMS) is available 24 hours each day,                each individual provides a copy of the
                                                  authority to exempt individuals from                    365 days each year. If you want                       ophthalmologist’s or optometrist’s
                                                  the vision requirement if the                           acknowledgment that we received your                  report to the medical examiner at the
                                                  exemptions granted will not                             comments, please include a self-                      time of the annual medical examination;
                                                  compromise safety. The Agency has                       addressed, stamped envelope or                        and (3) that each individual provide a
                                                  concluded that granting these                           postcard or print the acknowledgement                 copy of the annual medical certification
                                                  exemption renewals will provide a level                 page that appears after submitting                    to the employer for retention in the
                                                  of safety that is equivalent to or greater              comments on-line.                                     driver’s qualification file and retains a
                                                                                                            Privacy Act: Anyone may search the                  copy of the certification on his/her
                                                  than the level of safety maintained
                                                                                                          electronic form of all comments                       person while driving for presentation to
                                                  without the exemptions for these
                                                                                                          received into any of our dockets by the               a duly authorized Federal, State, or local
                                                  commercial motor vehicle (CMV)
                                                                                                          name of the individual submitting the                 enforcement official. Each exemption
                                                  drivers.
                                                                                                          comment (or of the person signing the                 will be valid for two years unless
                                                  DATES:  Each group of renewed                           comment, if submitted on behalf of an                 rescinded earlier by FMCSA. The
                                                  exemptions are effective from the dates                 association, business, labor union, etc.).            exemption will be rescinded if: (1) The
                                                  stated in the discussions below.                        You may review DOT’s Privacy Act                      person fails to comply with the terms
                                                  Comments must be received on or                         Statement for the Federal Docket                      and conditions of the exemption; (2) the
                                                  before June 8, 2016.                                    Management System (FDMS) published                    exemption has resulted in a lower level
                                                  ADDRESSES: You may submit comments                      in the Federal Register on January 17,                of safety than was maintained before it
                                                  bearing the Federal Docket Management                   2008 (73 FR 3316).                                    was granted; or (3) continuation of the
                                                  System (FDMS) Numbers: Docket No.                       FOR FURTHER INFORMATION CONTACT:                      exemption would not be consistent with
                                                  [Docket No. FMCSA–1999–6480;                            Christine A. Hydock, Chief, Medical                   the goals and objectives of 49 U.S.C.
                                                  FMCSA–2000–7363; FMCSA–2004–                            Programs Division, Medical Programs                   31136(e) and 31315.
                                                  17195; FMCSA–2005–23099; FMCSA–                         Division, 202–366–4001,
                                                  2007–0071; FMCSA–2009–0011;                             fmcsamedical@dot.gov, FMCSA,                          Basis for Renewing Exemptions
                                                  FMCSA–2009–0291; FMCSA–2009–                            Department of Transportation, 1200                      Under 49 U.S.C. 31315(b)(1), an
                                                  0303; FMCSA–2010–0050; FMCSA–                           New Jersey Avenue SE., Room W64–                      exemption may be granted for no longer
                                                  2011–0379; FMCSA–2011–0380;                             224, Washington, DC 20590–0001.                       than two years from its approval date
                                                  FMCSA–2012–0040; FMCSA–2012–                            Office hours are from 8:30 a.m. to 5 p.m.             and may be renewed upon application
mstockstill on DSK3G9T082PROD with NOTICES




                                                  0104; FMCSA–2012–0340; FMCSA–                           Monday through Friday, except Federal                 for additional two year periods. The
                                                  2013–0174; FMCSA–2014–0002;                             holidays.                                             following group(s) of drivers will
                                                  FMCSA–2014–0003; FMCSA–2014–                            SUPPLEMENTARY INFORMATION:                            receive renewed exemptions effective in
                                                  0004; FMCSA–2014–0005], using any of                                                                          the month of June and are discussed
                                                  the following methods:                                  Background                                            below.
                                                    • Federal eRulemaking Portal: Go to                     Under 49 U.S.C. 31136(e) and 31315,                   As of June 3, 2016, and in accordance
                                                  http://www.regulations.gov. Follow the                  FMCSA may renew an exemption from                     with 49 U.S.C. 31136(e) and 31315, the


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Document Created: 2018-02-07 14:50:14
Document Modified: 2018-02-07 14:50:14
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 March 10, 2016. The exemptions expire on March 10, 2018.
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 28136 

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