81_FR_39215 81 FR 39100 - Qualification of Drivers; Exemption Applications; Vision

81 FR 39100 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 115 (June 15, 2016)

Page Range39100-39102
FR Document2016-14140

FMCSA announces its decision to exempt 30 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 115 (Wednesday, June 15, 2016)
[Federal Register Volume 81, Number 115 (Wednesday, June 15, 2016)]
[Notices]
[Pages 39100-39102]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14140]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0350]


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 30 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 April 16, 2016. The exemptions 
expire on April 16, 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

[[Page 39101]]

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. e.t. 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 March 16, 2016, FMCSA published a notice of receipt of exemption 
applications from certain individuals, and requested comments from the 
public (81 FR 14190). That notice listed 30 applicants' case histories. 
The 30 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 30 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 
limitation and demonstrated their ability to drive safely. The 30 
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, anisometropic amblyopia, central retinal 
scar, choroidal melanoma, complete loss of vision, corneal scarring, 
macular scar, prosthetic eye, psuedophakia, ptisis bulbi, refractive 
amblyopia, retinal detachment, temporal hemianopia, and traumatic 
glaucoma. In most cases, their eye conditions were not recently 
developed. Twenty-one of the applicants were either born with their 
vision impairments or have had them since childhood.
    The 9 individuals that sustained their vision conditions as adults 
have had it for a range of 4 to 46 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 30 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 4 to 53 
years. In the past three years, no drivers were involved in crashes, 
and 2 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 March 16, 2016 
notice (81 FR 14190).

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,

[[Page 39102]]

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 30 applicants, no drivers were involved in crashes, and 2 drivers 
were convicted of moving violations in CMVs. 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 30 applicants listed in the notice of March 
16, 2016 (81 FR 14190.
    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 30 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 30 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)):

Gary L. Bartels (TX)
Christopher Benavidez (NM)
William H. Brence (SD)
Dean B. Carrick (MI)
Jaime V. Cavazos (TX)
Jacob Dehoyos (NM)
Larry D. Fulk (MO)
Hugo A. Galvis Barrera (GA)
Harold J. Gilbert (CO)
Darrell K. Harber (MO)
Clair G. High (PA)
Robert E. Holbrook (TN)
Lowell E. Jackson (MO)
Maurice L. Kinney (NY)
Richard R. Krafczynski, Jr. (PA)
Michael S. McHale (PA)
Darin P. Milton (TN)
Myron Morehouse (MN)
Dakota J. Papsun (PA)
Raffaelo Petrillo (NJ)
William J. Powell (KY)
Cory R. Rand (NH)
Bobby W. Sanders (TN)
Logan D. Shaffer (SC)
Laurence W. Sellers (AL)
Johnny T. Solorio (CA)
Richard R. Vonderohe (IA)
William J. Watts (MT)
Russell Zelich (PA)
Frederick A. Zoeller, Jr. (NH)

    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: June 6, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-14140 Filed 6-14-16; 8:45 am]
 BILLING CODE 4910-EX-P



                                             39100                        Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Notices

                                             Arthur L. Bousema (CA)                                  FMCSA–2013–0170. Their exemptions                      not be consistent with the goals and
                                             Norman E. Braden (CO)                                   are effective as of January 29, 2016 and               objectives of 49 U.S.C. 31136 and 31315.
                                             Matthew W. Daggs (MO)                                   will expire on January 29, 2018.                         If the exemption is still effective at the
                                             Donald R. Date, Jr. (MD)                                  Each of these 120 applicants has                     end of the 2-year period, the person may
                                             Gordon R. Fritz (WI)                                    requested renewal of the exemption and                 apply to FMCSA for a renewal under
                                             Ronald K. Fultz (KY)                                    has submitted evidence showing that                    procedures in effect at that time.
                                             John E. Kimmet, Jr. (WA)                                the vision in the better eye continues to                Issued on: June 7, 2016.
                                             Robert C. Leathers (MO)                                 meet the requirement specified at 49
                                             Jason L. Light (ID)                                                                                            Larry W. Minor,
                                                                                                     CFR 391.41(b)(10) and that the vision
                                             Kenneth R. Murphy (WA)                                  impairment is stable. In addition, a                   Associate Administrator for Policy.
                                             Michael J. Richard (LA)                                 review of each record of safety while                  [FR Doc. 2016–14141 Filed 6–14–16; 8:45 am]
                                             Robert E. Sanders (PA)                                  driving with the respective vision                     BILLING CODE 4910–EX–P
                                             Robert A. Sherry (PA)                                   deficiencies over the past two years
                                                The drivers were included in one of                  indicates each applicant continues to
                                             the following dockets: Docket No.                       meet the vision exemption                              DEPARTMENT OF TRANSPORTATION
                                             FMCSA–2000–7918; FMCSA–2003–                            requirements.
                                             15268; FMCSA–2003–15892; FMCSA–                           These factors provide an adequate                    Federal Motor Carrier Safety
                                             2005–21711; FMCSA–2005–22194;                           basis for predicting each driver’s ability             Administration
                                             FMCSA–2005–22727. Their exemptions                      to continue to drive safely in interstate              [Docket No. FMCSA–2015–0350]
                                             are effective as of January 27, 2016 and                commerce. Therefore, FMCSA
                                             will expire on January 27, 2018.                        concludes that extending the exemption                 Qualification of Drivers; Exemption
                                                As of January 28, 2016, the following                for each renewal applicant for a period                Applications; Vision
                                             9 individuals have satisfied the                        of two years is likely to achieve a level              AGENCY: Federal Motor Carrier Safety
                                             conditions for obtaining a renewed                      of safety equal to that existing without               Administration (FMCSA), DOT.
                                             exemption from the vision requirements                  the exemption.
                                                                                                                                                            ACTION: Notice of final disposition.
                                             (74 FR 60022; 75 FR 4623; 77 FR 543;
                                                                                                     V. Conditions and Requirements
                                             78 FR 76707; 80 FR 80443):                                                                                     SUMMARY:    FMCSA announces its
                                             James J. Coffield (NM)                                     The exemptions are extended subject                 decision to exempt 30 individuals from
                                             Roy E. Crayne (WA)                                      to the following conditions: (1) That                  the vision requirement in the Federal
                                             James A. Dubay (MI)                                     each individual has a physical                         Motor Carrier Safety Regulations
                                             Donald E. Halvorson (NM)                                examination every year (a) by an                       (FMCSRs). They are unable to meet the
                                             Roger D. Kool (IA)                                      ophthalmologist or optometrist who                     vision requirement in one eye for
                                             Phillip J.C. Locke (CO)                                 attests that the vision in the better eye              various reasons. The exemptions will
                                             Brian T. Nelson (MN)                                    continues to meet the requirements in                  enable these individuals to operate
                                             Christopher M. Rivera (NM)                              49 CFR 391.41(b)(10), and (b) by a                     commercial motor vehicles (CMVs) in
                                             Robert E. Whitney (IL)                                  medical examiner who attests that the                  interstate commerce without meeting
                                                The drivers were included in one of                  individual is otherwise physically                     the prescribed vision requirement in
                                             the following dockets: Docket No.                       qualified under 49 CFR 391.41; (2) that                one eye. The Agency has concluded that
                                             FMCSA–2009–0303. Their exemptions                       each individual provides a copy of the                 granting these exemptions will provide
                                             are effective as of January 28, 2016 and                ophthalmologist’s or optometrist’s                     a level of safety that is equivalent to or
                                             will expire on January 28, 2018.                        report to the medical examiner at the                  greater than the level of safety
                                                As of January 29, 2016, the following                time of the annual medical examination;                maintained without the exemptions for
                                             21 individuals have satisfied the                       and (3) that each individual provide a                 these CMV drivers.
                                             conditions for obtaining a renewed                      copy of the annual medical certification
                                                                                                                                                            DATES: The exemptions were granted
                                             exemption from the vision requirements                  to the employer for retention in the
                                                                                                     driver’s qualification file and retains a              April 16, 2016. The exemptions expire
                                             (78 FR 67454; 79 FR 4803; 80 FR 80443):
                                                                                                     copy of the certification on his/her                   on April 16, 2018.
                                             Calvin J. Barbour (NY)
                                                                                                     person while driving for presentation to               FOR FURTHER INFORMATION CONTACT:
                                             Martin D. Bellcour (WI)
                                                                                                     a duly authorized Federal, State, or local             Christine A. Hydock, Chief, Medical
                                             Walter A. Breeze (OH)
                                             Donald G. Carstensen (IA)                               enforcement official.                                  Programs Division, (202) 366–4001,
                                             Jamie D. Daniels (IA)                                                                                          fmcsamedical@dot.gov, FMCSA,
                                                                                                     VI. Conclusion                                         Department of Transportation, 1200
                                             Mark A. Farnsley (IN)
                                             Michael L. Fiamingo (PA)                                   Based upon its evaluation of the 120                New Jersey Avenue SE., Room W64–
                                             Kenric J. Fields (DE)                                   exemption applications, FMCSA renews                   113, Washington, DC 20590–0001.
                                             Randall Hjelmtveit (MN)                                 the exemptions of the aforementioned                   Office hours are 8:30 a.m. to 5 p.m., e.t.
                                             Randy G. Kinney (IL)                                    drivers from the vision requirement in                 Monday through Friday, except Federal
                                             Hector Marquez (TX)                                     49 CFR 391.41(b)(10), subject to the                   holidays. If you have questions
                                             Dennis R. Martinez (NM)                                 requirements cited above (49 CFR                       regarding viewing or submitting
                                             Fred A. Miller, Jr. (CA)                                391.64(b)).                                            material to the docket, contact Docket
                                             Joseph K. Parley (WI)                                      In accordance with 49 U.S.C. 31136(e)               Services, telephone (202) 366–9826.
                                             Robert L. Pearson (GA)                                  and 31315, each exemption will be valid                SUPPLEMENTARY INFORMATION:
                                             Ryan R. Ross (SC)                                       for 2 years unless revoked earlier by
                                                                                                                                                            I. Electronic Access
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                                             Troy M. Ruhlman (PA)                                    FMCSA. The exemption will be revoked
                                             Hershel D. Volentine (LA)                               if: (1) The person fails to comply with                  You may see all the comments online
                                             Gary D. Vollertsen (CO)                                 the terms and conditions of the                        through the Federal Document
                                             David R. Webb, Jr. (IL)                                 exemption; (2) the exemption has                       Management System (FDMS) at http://
                                             Wesley A. Willis (NJ)                                   resulted in a lower level of safety than               www.regulations.gov.
                                                The drivers were included in one of                  was maintained before it was granted; or                 Docket: For access to the docket to
                                             the following dockets: Docket No.                       (3) continuation of the exemption would                read background documents or


                                        VerDate Sep<11>2014   15:15 Jun 14, 2016   Jkt 238001   PO 00000   Frm 00080   Fmt 4703   Sfmt 4703   E:\FR\FM\15JNN1.SGM   15JNN1


                                                                          Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Notices                                             39101

                                             comments, go to http://                                 They are unable to meet the vision                     interstate commerce. Thus, our analysis
                                             www.regulations.gov and/or Room                         requirement in one eye for various                     focuses on whether an equal or greater
                                             W12–140 on the ground level of the                      reasons, including amblyopia,                          level of safety is likely to be achieved by
                                             West Building, 1200 New Jersey Avenue                   anisometropic amblyopia, central retinal               permitting each of these drivers to drive
                                             SE., Washington, DC, between 9 a.m.                     scar, choroidal melanoma, complete loss                in interstate commerce as opposed to
                                             and 5 p.m. e.t. Monday through Friday,                  of vision, corneal scarring, macular scar,             restricting him or her to driving in
                                             except Federal holidays.                                prosthetic eye, psuedophakia, ptisis                   intrastate commerce.
                                                Privacy Act: In accordance with 5                    bulbi, refractive amblyopia, retinal                      To evaluate the effect of these
                                             U.S.C. 553(c), DOT solicits comments                    detachment, temporal hemianopia, and                   exemptions on safety, FMCSA
                                             from the public to better inform its                    traumatic glaucoma. In most cases, their               considered the medical reports about
                                             rulemaking process. DOT posts these                     eye conditions were not recently                       the applicants’ vision as well as their
                                             comments, without edit, including any                   developed. Twenty-one of the                           driving records and experience with the
                                             personal information the commenter                      applicants were either born with their                 vision deficiency.
                                             provides, to www.regulations.gov, as                    vision impairments or have had them                       To qualify for an exemption from the
                                             described in the system of records                      since childhood.                                       vision requirement, FMCSA requires a
                                             notice (DOT/ALL–14 FDMS), which can                        The 9 individuals that sustained their              person to present verifiable evidence
                                             be reviewed at www.dot.gov/privacy.                     vision conditions as adults have had it                that he/she has driven a commercial
                                                                                                     for a range of 4 to 46 years.                          vehicle safely with the vision deficiency
                                             II. Background                                             Although each applicant has one eye                 for the past 3 years. Recent driving
                                                On March 16, 2016, FMCSA                             which does not meet the vision                         performance is especially important in
                                             published a notice of receipt of                        requirement in 49 CFR 391.41(b)(10),                   evaluating future safety, according to
                                             exemption applications from certain                     each has at least 20/40 corrected vision               several research studies designed to
                                             individuals, and requested comments                     in the other eye, and in a doctor’s                    correlate past and future driving
                                             from the public (81 FR 14190). That                     opinion, has sufficient vision to perform              performance. Results of these studies
                                             notice listed 30 applicants’ case                       all the tasks necessary to operate a CMV.              support the principle that the best
                                             histories. The 30 individuals applied for               Doctors’ opinions are supported by the                 predictor of future performance by a
                                             exemptions from the vision requirement                  applicants’ possession of valid                        driver is his/her past record of crashes
                                             in 49 CFR 391.41(b)(10), for drivers who                commercial driver’s licenses (CDLs) or                 and traffic violations. Copies of the
                                             operate CMVs in interstate commerce.                    non-CDLs to operate CMVs. Before                       studies may be found at Docket Number
                                                Under 49 U.S.C. 31136(e) and 31315,                  issuing CDLs, States subject drivers to                FMCSA–1998–3637.
                                             FMCSA may grant an exemption for a 2-                   knowledge and skills tests designed to                    FMCSA believes it can properly apply
                                             year period if it finds ‘‘such exemption                evaluate their qualifications to operate a             the principle to monocular drivers,
                                             would likely achieve a level of safety                  CMV.                                                   because data from the Federal Highway
                                             that is equivalent to or greater than the                  All of these applicants satisfied the               Administration’s (FHWA) former waiver
                                             level that would be achieved absent                     testing requirements for their State of                study program clearly demonstrate the
                                             such exemption.’’ The statute also                      residence. By meeting State licensing                  driving performance of experienced
                                             allows the Agency to renew exemptions                   requirements, the applicants                           monocular drivers in the program is
                                             at the end of the 2-year period.                        demonstrated their ability to operate a                better than that of all CMV drivers
                                             Accordingly, FMCSA has evaluated the                    CMV, with their limited vision, to the                 collectively (See 61 FR 13338, 13345,
                                             30 applications on their merits and                     satisfaction of the State.                             March 26, 1996). The fact that
                                             made a determination to grant                              While possessing a valid CDL or non-                experienced monocular drivers
                                             exemptions to each of them.                             CDL, these 30 drivers have been                        demonstrated safe driving records in the
                                                                                                     authorized to drive a CMV in intrastate                waiver program supports a conclusion
                                             III. Vision and Driving Experience of                   commerce, even though their vision                     that other monocular drivers, meeting
                                             the Applicants                                          disqualified them from driving in                      the same qualifying conditions as those
                                                The vision requirement in the                        interstate commerce. They have driven                  required by the waiver program, are also
                                             FMCSRs provides:                                        CMVs with their limited vision in                      likely to have adapted to their vision
                                                A person is physically qualified to                  careers ranging for 4 to 53 years. In the              deficiency and will continue to operate
                                             drive a commercial motor vehicle if that                past three years, no drivers were                      safely.
                                             person has distant visual acuity of at                  involved in crashes, and 2 drivers were                   The first major research correlating
                                             least 20/40 (Snellen) in each eye                       convicted of moving violations in                      past and future performance was done
                                             without corrective lenses or visual                     CMVs.                                                  in England by Greenwood and Yule in
                                             acuity separately corrected to 20/40                       The qualifications, experience, and                 1920. Subsequent studies, building on
                                             (Snellen) or better with corrective                     medical condition of each applicant                    that model, concluded that crash rates
                                             lenses, distant binocular acuity of a least             were stated and discussed in detail in                 for the same individual exposed to
                                             20/40 (Snellen) in both eyes with or                    the March 16, 2016 notice (81 FR                       certain risks for two different time
                                             without corrective lenses, field of vision              14190).                                                periods vary only slightly (See Bates
                                             of at least 70° in the horizontal meridian                                                                     and Neyman, University of California
                                             in each eye, and the ability to recognize               IV. Basis for Exemption Determination                  Publications in Statistics, April 1952).
                                             the colors of traffic signals and devices                 Under 49 U.S.C. 31136(e) and 31315,                  Other studies demonstrated theories of
                                             showing red, green, and amber (49 CFR                   FMCSA may grant an exemption from                      predicting crash proneness from crash
                                             391.41(b)(10)).                                         the vision requirement in 49 CFR                       history coupled with other factors.
ehiers on DSK5VPTVN1PROD with NOTICES




                                                FMCSA recognizes that some drivers                   391.41(b)(10) if the exemption is likely               These factors—such as age, sex,
                                             do not meet the vision requirement but                  to achieve an equivalent or greater level              geographic location, mileage driven and
                                             have adapted their driving to                           of safety than would be achieved                       conviction history—are used every day
                                             accommodate their limitation and                        without the exemption. Without the                     by insurance companies and motor
                                             demonstrated their ability to drive                     exemption, applicants will continue to                 vehicle bureaus to predict the
                                             safely. The 30 exemption applicants                     be restricted to intrastate driving. With              probability of an individual
                                             listed in this notice are in this category.             the exemption, applicants can drive in                 experiencing future crashes (See Weber,


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                                             39102                        Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Notices

                                             Donald C., ‘‘Accident Rate Potential: An                   We recognize that the vision of an                  William J. Powell (KY)
                                             Application of Multiple Regression                      applicant may change and affect his/her                Cory R. Rand (NH)
                                             Analysis of a Poisson Process,’’ Journal                ability to operate a CMV as safely as in               Bobby W. Sanders (TN)
                                             of American Statistical Association,                    the past. As a condition of the                        Logan D. Shaffer (SC)
                                             June 1971). A 1964 California Driver                    exemption, therefore, FMCSA will                       Laurence W. Sellers (AL)
                                             Record Study prepared by the California                 impose requirements on the 30                          Johnny T. Solorio (CA)
                                             Department of Motor Vehicles                            individuals consistent with the                        Richard R. Vonderohe (IA)
                                             concluded that the best overall crash                   grandfathering provisions applied to                   William J. Watts (MT)
                                             predictor for both concurrent and                       drivers who participated in the                        Russell Zelich (PA)
                                                                                                                                                            Frederick A. Zoeller, Jr. (NH)
                                             nonconcurrent events is the number of                   Agency’s vision waiver program.
                                             single convictions. This study used 3                      Those requirements are found at 49                     In accordance with 49 U.S.C. 31136(e)
                                             consecutive years of data, comparing the                CFR 391.64(b) and include the                          and 31315, each exemption will be valid
                                             experiences of drivers in the first 2 years             following:                                             for 2 years unless revoked earlier by
                                             with their experiences in the final year.                  (1) That each individual be physically              FMCSA. The exemption will be revoked
                                                Applying principles from these                       examined every year (a) by an                          if: (1) The person fails to comply with
                                             studies to the past 3-year record of the                ophthalmologist or optometrist who                     the terms and conditions of the
                                             30 applicants, no drivers were involved                 attests that the vision in the better eye              exemption; (2) the exemption has
                                             in crashes, and 2 drivers were convicted                continues to meet the requirement in 49                resulted in a lower level of safety than
                                             of moving violations in CMVs. All the                   CFR 391.41(b)(10) and (b) by a medical                 was maintained before it was granted; or
                                             applicants achieved a record of safety                  examiner who attests that the individual               (3) continuation of the exemption would
                                             while driving with their vision                         is otherwise physically qualified under                not be consistent with the goals and
                                             impairment, demonstrating the                           49 CFR 391.41; (2) that each individual                objectives of 49 U.S.C. 31136 and 31315.
                                                                                                     provide a copy of the ophthalmologist’s                   If the exemption is still effective at the
                                             likelihood that they have adapted their
                                                                                                     or optometrist’s report to the medical                 end of the 2-year period, the person may
                                             driving skills to accommodate their
                                                                                                     examiner at the time of the annual                     apply to FMCSA for a renewal under
                                             condition. As the applicants’ ample
                                                                                                     medical examination; and (3) that each                 procedures in effect at that time.
                                             driving histories with their vision
                                             deficiencies are good predictors of                     individual provide a copy of the annual                  Issued on: June 6, 2016.
                                             future performance, FMCSA concludes                     medical certification to the employer for              Larry W. Minor,
                                             their ability to drive safely can be                    retention in the driver’s qualification                Associate Administrator for Policy.
                                             projected into the future.                              file, or keep a copy in his/her driver’s               [FR Doc. 2016–14140 Filed 6–14–16; 8:45 am]
                                                We believe that the applicants’                      qualification file if he/she is self-                  BILLING CODE 4910–EX–P
                                             intrastate driving experience and history               employed. The driver must have a copy
                                             provide an adequate basis for predicting                of the certification when driving, for
                                             their ability to drive safely in interstate             presentation to a duly authorized                      DEPARTMENT OF TRANSPORTATION
                                             commerce. Intrastate driving, like                      Federal, State, or local enforcement
                                             interstate operations, involves                         official.                                              Federal Railroad Administration
                                             substantial driving on highways on the                  V. Discussion of Comments
                                             interstate system and on other roads                                                                           Petition for Approval of Product Safety
                                             built to interstate standards. Moreover,                  FMCSA received no comments in this                   Plan
                                             driving in congested urban areas                        proceeding.
                                                                                                                                                               In accordance with part 211 of Title
                                             exposes the driver to more pedestrian                   IV. Conclusion                                         49 of the Code of Federal Regulations
                                             and vehicular traffic than exists on                       Based upon its evaluation of the 30                 (CFR), this document provides the
                                             interstate highways. Faster reaction to                 exemption applications, FMCSA                          public notice that by a document dated
                                             traffic and traffic signals is generally                exempts the following drivers from the                 May 12, 2016, CSX Transportation
                                             required because distances between                      vision requirement in 49 CFR                           (CSX) has petitioned the Federal
                                             them are more compact. These                            391.41(b)(10), subject to the                          Railroad Administration (FRA) for
                                             conditions tax visual capacity and                      requirements cited above (49 CFR                       approval of its Product Safety Plan
                                             driver response just as intensely as                    391.64(b)):                                            (PSP) for its ElectroBlox Wayside
                                             interstate driving conditions. The                                                                             Interface Unit (WIU). FRA assigned the
                                             veteran drivers in this proceeding have                 Gary L. Bartels (TX)
                                                                                                                                                            petition Docket Number FRA–2010–
                                             operated CMVs safely under those                        Christopher Benavidez (NM)
                                                                                                     William H. Brence (SD)                                 0028.
                                             conditions for at least 3 years, most for                                                                         The PSP submitted is intended to
                                                                                                     Dean B. Carrick (MI)
                                             much longer. Their experience and                       Jaime V. Cavazos (TX)                                  meet the requirements prescribed in 49
                                             driving records lead us to believe that                 Jacob Dehoyos (NM)                                     CFR part 236, subpart H–Standards for
                                             each applicant is capable of operating in               Larry D. Fulk (MO)                                     Processor-Based Signal and Train
                                             interstate commerce as safely as he/she                 Hugo A. Galvis Barrera (GA)                            Control Systems, in 49 CFR 236.907 and
                                             has been performing in intrastate                       Harold J. Gilbert (CO)                                 49 CFR 236.913. As such, CSX
                                             commerce. Consequently, FMCSA finds                     Darrell K. Harber (MO)                                 maintains that the ElectroBlox system
                                             that exempting these applicants from                    Clair G. High (PA)                                     was designed in a safe manner, reliably
                                             the vision requirement in 49 CFR                        Robert E. Holbrook (TN)                                executes the functions of an
                                             391.41(b)(10) is likely to achieve a level              Lowell E. Jackson (MO)                                 interoperable Positive Train Control
ehiers on DSK5VPTVN1PROD with NOTICES




                                             of safety equal to that existing without                Maurice L. Kinney (NY)                                 (PTC) wayside component, and does not
                                             the exemption. For this reason, the                     Richard R. Krafczynski, Jr. (PA)                       result in risk that exceeds the previous
                                             Agency is granting the exemptions for                   Michael S. McHale (PA)                                 condition.
                                             the 2-year period allowed by 49 U.S.C.                  Darin P. Milton (TN)                                      The ElectroBlox system is used to
                                             31136(e) and 31315 to the 30 applicants                 Myron Morehouse (MN)                                   translate discrete vital inputs into
                                             listed in the notice of March 16, 2016                  Dakota J. Papsun (PA)                                  wayside status messages that comply
                                             (81 FR 14190.                                           Raffaelo Petrillo (NJ)                                 with the Interoperable Train Control


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Document Created: 2016-06-15 02:21:19
Document Modified: 2016-06-15 02:21:19
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 April 16, 2016. The exemptions expire on April 16, 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 39100 

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