81_FR_44811 81 FR 44680 - Qualification of Drivers; Exemption Applications; Vision

81 FR 44680 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 131 (July 8, 2016)

Page Range44680-44682
FR Document2016-16198

FMCSA announces its decision to exempt 19 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 131 (Friday, July 8, 2016)
[Federal Register Volume 81, Number 131 (Friday, July 8, 2016)]
[Notices]
[Pages 44680-44682]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16198]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0345]


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

DATES: The exemptions were granted January 21, 2016. The exemptions 
expire on January 21, 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 December 21, 2015, FMCSA published a notice of receipt of 
exemption applications from certain individuals, and requested comments 
from the public (80 FR 79414). That notice listed 19 applicants' case 
histories. The 19 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 19 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:

[[Page 44681]]

    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 19 
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, central serous chorioretinopathy, central 
vision loss, complete loss of vision, optic atrophy, optic neuropathy, 
partial optic atrophy, phthisis, prosthetic eye, pseudophakia, 
refractive amblyopia, and retinal detachment. In most cases, their eye 
conditions were not recently developed. Ten 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 5 to 42 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 19 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 38 
years. In the past three years, no drivers were involved in crashes, 
and 2 drivers were convicted of moving violations in a CMV.
    The qualifications, experience, and medical condition of each 
applicant were stated and discussed in detail in the December 21, 2015 
notice (80 FR 79414).

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the vision requirement in 49 CFR 391.41(b)(10) if the exemption is 
likely to achieve an equivalent or greater level of safety than would 
be achieved without the exemption. Without the exemption, applicants 
will continue to be restricted to intrastate driving. With the 
exemption, applicants can drive in interstate commerce. Thus, our 
analysis focuses on whether an equal or greater level of safety is 
likely to be achieved by permitting each of these drivers to drive in 
interstate commerce as opposed to restricting him or her to driving in 
intrastate commerce.
    To evaluate the effect of these exemptions on safety, FMCSA 
considered the medical reports about the applicants' vision as well as 
their driving records and experience with the vision deficiency.
    To qualify for an exemption from the vision requirement, FMCSA 
requires a person to present verifiable evidence that he/she has driven 
a commercial vehicle safely with the vision deficiency for the past 3 
years. Recent driving performance is especially important in evaluating 
future safety, according to several research studies designed to 
correlate past and future driving performance. Results of these studies 
support the principle that the best predictor of future performance by 
a driver is his/her past record of crashes and traffic violations. 
Copies of the studies may be found at Docket Number FMCSA-1998-3637.
    FMCSA believes it can properly apply the principle to monocular 
drivers, because data from the Federal Highway Administration's (FHWA) 
former waiver study program clearly demonstrate the driving performance 
of experienced monocular drivers in the program is better than that of 
all CMV drivers collectively (See 61 FR 13338, 13345, March 26, 1996). 
The fact that experienced monocular drivers demonstrated safe driving 
records in the waiver program supports a conclusion that other 
monocular drivers, meeting the same qualifying conditions as those 
required by the waiver program, are also likely to have adapted to 
their vision deficiency and will continue to operate safely.
    The first major research correlating past and future performance 
was done in England by Greenwood and Yule in 1920. Subsequent studies, 
building on that model, concluded that crash rates for the same 
individual exposed to certain risks for two different time periods vary 
only slightly (See Bates and Neyman, University of California 
Publications in Statistics, April 1952). Other studies demonstrated 
theories of predicting crash proneness from crash history coupled with 
other factors. These factors--such as age, sex, geographic location, 
mileage driven and conviction history--are used every day by insurance 
companies and motor vehicle bureaus to predict the probability of an 
individual experiencing future crashes (See Weber, Donald C., 
``Accident Rate Potential: An Application of Multiple Regression 
Analysis of a Poisson Process,'' Journal of American Statistical 
Association, June 1971). A 1964 California Driver Record Study prepared 
by the California Department of Motor Vehicles concluded that the best 
overall crash predictor for both concurrent and nonconcurrent events is 
the number of single convictions. This study used 3 consecutive years 
of data, comparing the experiences of drivers in the first 2 years with 
their experiences in the final year.
    Applying principles from these studies to the past 3-year record of 
the 19 applicants, no drivers were involved in crashes, and 2 drivers 
were convicted of moving violations in a CMV. All the applicants 
achieved a record of safety while driving with their vision impairment, 
demonstrating the likelihood that they have adapted their driving 
skills to accommodate their condition. As the applicants' ample driving 
histories with their vision deficiencies are good predictors of future 
performance, FMCSA concludes their ability to drive safely can be 
projected into the future.
    We believe that the applicants' intrastate driving experience and 
history provide an adequate basis for predicting their ability to drive 
safely in interstate commerce. Intrastate driving, like interstate 
operations, involves substantial driving on highways on the interstate 
system and on other roads built to interstate standards. Moreover, 
driving in congested urban areas exposes the driver to more pedestrian 
and vehicular traffic than exists on interstate highways. Faster 
reaction to traffic and traffic signals is generally required because 
distances between them are more compact. These conditions tax visual 
capacity and

[[Page 44682]]

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 19 applicants listed in the notice of December 21, 2015 
(80 FR 79414).
    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 19 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 19 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)):

Raed A. Abdelrahim (NH),
Dominic A. Berube (MA),
Gary L. Best (MI),
Therron K. Billings (VA),
Lucien A. Fregeau (CT),
Michael A. Gibbons (PA),
Fred M. Hill, Jr. (LA),
Freddie H. Johnson (ID),
Timothy C. Kohn (MO),
John D. Morgan (PA),
Brian M. Olivas (TX),
Douglas Pitts (OH),
Jesus R. Ponce (NY),
Eddie R. Schaef (TX),
Brian J. Stoltie (SC),
Terry A. Strong (CA),
Michael A. Terry (IN),
Russell A. Wilkinson (FL),
Timothy W. Youngblood, Jr. (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.

    Issued on: June 28, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-16198 Filed 7-7-16; 8:45 am]
 BILLING CODE 4910-EX-P



                                                    44680                             Federal Register / Vol. 81, No. 131 / Friday, July 8, 2016 / Notices

                                                    on to explain that because the current                   FMCSA Response                                        FOR FURTHER INFORMATION CONTACT:
                                                    exception remains in the FMCSRs (40                        FMCSA responded to the question of                  Christine A. Hydock, Chief, Medical
                                                    CFR 391.41(b)(12)(ii)), they recommend                   who is qualified to be a ME in the                    Programs Division, (202) 366–4001,
                                                    guidelines be provided to MEs regarding                  National Registry of Certified Medical                fmcsamedical@dot.gov, FMCSA,
                                                    the use of narcotics.                                    Examiners final rule (77 FR 24106, April              Department of Transportation, 1200
                                                                                                             20, 2012), and is not considering a                   New Jersey Avenue SE., Room W64–
                                                    FMCSA Response                                                                                                 113, Washington, DC 20590–0001.
                                                                                                             change to the regulation in 49 CFR
                                                      Although optional use of the 391.41                    390.103, Eligibility requirements for                 Office hours are 8:30 a.m. to 5 p.m., e.t.,
                                                                                                             medical examiner certification in this                Monday through Friday, except Federal
                                                    CMV Driver Medication Form was
                                                                                                             notice. Therefore, these comments are                 holidays. If you have questions
                                                    introduced as a result of the MRB and
                                                                                                             outside the scope of this notice.                     regarding viewing or submitting
                                                    MCSAC recommendations related to the
                                                                                                               Public Comments Invited: FMCSA                      material to the docket, contact Docket
                                                    use of Schedule II medications by CMV
                                                                                                             requests that you comment on any                      Services, telephone (202) 366–9826.
                                                    drivers, the recommendation was for
                                                                                                             aspect of this information collection,                SUPPLEMENTARY INFORMATION:
                                                    FMCSA to develop a standardized form
                                                    to assist the certified ME when                          including: (1) Whether the proposed                   I. Electronic Access
                                                    reviewing prescription medications that                  collection is necessary for FMCSA to
                                                                                                             perform its functions, (2) the accuracy of               You may see all the comments online
                                                    have been disclosed during the history                                                                         through the Federal Document
                                                    and physical examination for CMV                         the estimated burden, (3) ways for the
                                                                                                             FMCSA to enhance the quality,                         Management System (FDMS) at http://
                                                    driver certification. Therefore, the form                                                                      www.regulations.gov.
                                                    was not designed to specifically address                 usefulness, and clarity of the collected
                                                                                                                                                                      Docket: For access to the docket to
                                                    Schedule II medications. The form was                    information, and (4) ways that the
                                                                                                                                                                   read background documents or
                                                    designed to address any prescription                     burden could be minimized without
                                                                                                                                                                   comments, go to http://
                                                    medications that a driver is taking that                 reducing the quality of the collected
                                                                                                                                                                   www.regulations.gov and/or Room
                                                    may impair his/her ability to safety                     information. Comments received in
                                                                                                                                                                   W12–140 on the ground level of the
                                                    operate a CMV. FMCSA is not                              response to this notice are sent to the
                                                                                                                                                                   West Building, 1200 New Jersey Avenue
                                                    considering a change in the regulations                  OMB Desk Officer to address.
                                                                                                                                                                   SE., Washington, DC, between 9 a.m.
                                                    or guidance that would prohibit or                         Issued under the authority delegated in 49          and 5 p.m., Monday through Friday,
                                                    advise the ME regarding Schedule II                      CFR 1.87 on: June 30, 2016.                           except Federal holidays.
                                                    medications at this time. Therefore,                     G. Kelly Regal,                                          Privacy Act: In accordance with 5
                                                    these comments are outside of the scope                  Associate Administrator, Office of Research           U.S.C. 553(c), DOT solicits comments
                                                    of this notice.                                          and Information Technology.                           from the public to better inform its
                                                                                                             [FR Doc. 2016–16199 Filed 7–7–16; 8:45 am]            rulemaking process. DOT posts these
                                                    2. Qualifications of the ME                              BILLING CODE 4910–EX–P                                comments, without edit, including any
                                                                                                                                                                   personal information the commenter
                                                      Several commenters stated that a ME
                                                                                                                                                                   provides, to www.regulations.gov, as
                                                    might not be qualified to make a
                                                                                                             DEPARTMENT OF TRANSPORTATION                          described in the system of records
                                                    medical qualification decision if the
                                                                                                                                                                   notice (DOT/ALL–14 FDMS), which can
                                                    driver uses Schedule II medications,                     Federal Motor Carrier Safety                          be reviewed at www.dot.gov/privacy.
                                                    because of a lack of training in                         Administration
                                                    pharmacology.                                                                                                  II. Background
                                                                                                             [Docket No. FMCSA–2015–0345]
                                                      OOIDA stated that the personal                                                                                  On December 21, 2015, FMCSA
                                                    physician is best equipped to review a                   Qualification of Drivers; Exemption                   published a notice of receipt of
                                                    driver’s medical history and suggested                   Applications; Vision                                  exemption applications from certain
                                                    that a personal physician be the one to                                                                        individuals, and requested comments
                                                    review the driver’s medical history and                  AGENCY: Federal Motor Carrier Safety                  from the public (80 FR 79414). That
                                                    make the decision whether a medication                   Administration (FMCSA), DOT.                          notice listed 19 applicants’ case
                                                    will adversely affect the driver’s ability               ACTION: Notice of final disposition.                  histories. The 19 individuals applied for
                                                    to safely operate a CMV.                                                                                       exemptions from the vision requirement
                                                                                                             SUMMARY:    FMCSA announces its                       in 49 CFR 391.41(b)(10), for drivers who
                                                      Dr. Hegmann advocated for                              decision to exempt 19 individuals from                operate CMVs in interstate commerce.
                                                    implementation of the MRB’s                              the vision requirement in the Federal                    Under 49 U.S.C. 31136(e) and 31315,
                                                    recommendation that ME eligibility be                    Motor Carrier Safety Regulations                      FMCSA may grant an exemption for a 2-
                                                    limited to those medically trained (i.e.,                (FMCSRs). They are unable to meet the                 year period if it finds ‘‘such exemption
                                                    MD, DO, PA and NPs). He stated that                      vision requirement in one eye for                     would likely achieve a level of safety
                                                    the concept that these medically                         various reasons. The exemptions will                  that is equivalent to or greater than the
                                                    untrained examiners can make an                          enable these individuals to operate                   level that would be achieved absent
                                                    informed judgment about driver                           commercial motor vehicles (CMVs) in                   such exemption.’’ The statute also
                                                    impairment from narcotics, assess how                    interstate commerce without meeting                   allows the Agency to renew exemptions
                                                    opioids may interact with other                          the prescribed vision requirement in                  at the end of the 2-year period.
                                                    medications, provide guidance to truck                   one eye. The Agency has concluded that
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                   Accordingly, FMCSA has evaluated the
                                                    drivers, and judge fitness to drive is                   granting these exemptions will provide                19 applications on their merits and
                                                    factually false. Dr. Hegmann feels that                  a level of safety that is equivalent to or            made a determination to grant
                                                    FMCSA does not rely on                                   greater than the level of safety                      exemptions to each of them.
                                                    recommendations of the MRB and will                      maintained without the exemptions for
                                                    selectively use whichever source of                      these CMV drivers.                                    III. Vision and Driving Experience of
                                                    guidance is least restrictive which is                   DATES: The exemptions were granted                    the Applicants
                                                    directly contrary to the central, stated                 January 21, 2016. The exemptions                         The vision requirement in the
                                                    purpose of the Agency.                                   expire on January 21, 2018.                           FMCSRs provides:


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                                                                                      Federal Register / Vol. 81, No. 131 / Friday, July 8, 2016 / Notices                                            44681

                                                       A person is physically qualified to                   past three years, no drivers were                     deficiency and will continue to operate
                                                    drive a commercial motor vehicle if that                 involved in crashes, and 2 drivers were               safely.
                                                    person has distant visual acuity of at                   convicted of moving violations in a                      The first major research correlating
                                                    least 20/40 (Snellen) in each eye                        CMV.                                                  past and future performance was done
                                                    without corrective lenses or visual                        The qualifications, experience, and                 in England by Greenwood and Yule in
                                                    acuity separately corrected to 20/40                     medical condition of each applicant                   1920. Subsequent studies, building on
                                                    (Snellen) or better with corrective                      were stated and discussed in detail in                that model, concluded that crash rates
                                                    lenses, distant binocular acuity of a least              the December 21, 2015 notice (80 FR                   for the same individual exposed to
                                                    20/40 (Snellen) in both eyes with or                     79414).                                               certain risks for two different time
                                                    without corrective lenses, field of vision                                                                     periods vary only slightly (See Bates
                                                    of at least 70° in the horizontal meridian               IV. Basis for Exemption Determination                 and Neyman, University of California
                                                    in each eye, and the ability to recognize                   Under 49 U.S.C. 31136(e) and 31315,                Publications in Statistics, April 1952).
                                                    the colors of traffic signals and devices                FMCSA may grant an exemption from                     Other studies demonstrated theories of
                                                    showing red, green, and amber (49 CFR                    the vision requirement in 49 CFR                      predicting crash proneness from crash
                                                    391.41(b)(10)).                                          391.41(b)(10) if the exemption is likely              history coupled with other factors.
                                                       FMCSA recognizes that some drivers                    to achieve an equivalent or greater level             These factors—such as age, sex,
                                                    do not meet the vision requirement but                   of safety than would be achieved                      geographic location, mileage driven and
                                                    have adapted their driving to                            without the exemption. Without the                    conviction history—are used every day
                                                    accommodate their vision limitation                      exemption, applicants will continue to                by insurance companies and motor
                                                    and demonstrated their ability to drive                  be restricted to intrastate driving. With             vehicle bureaus to predict the
                                                    safely. The 19 exemption applicants                      the exemption, applicants can drive in                probability of an individual
                                                    listed in this notice are in this category.              interstate commerce. Thus, our analysis               experiencing future crashes (See Weber,
                                                    They are unable to meet the vision                       focuses on whether an equal or greater                Donald C., ‘‘Accident Rate Potential: An
                                                    requirement in one eye for various                       level of safety is likely to be achieved by           Application of Multiple Regression
                                                    reasons, including amblyopia, central                    permitting each of these drivers to drive             Analysis of a Poisson Process,’’ Journal
                                                    serous chorioretinopathy, central vision                 in interstate commerce as opposed to                  of American Statistical Association,
                                                    loss, complete loss of vision, optic                     restricting him or her to driving in                  June 1971). A 1964 California Driver
                                                    atrophy, optic neuropathy, partial optic                 intrastate commerce.                                  Record Study prepared by the California
                                                    atrophy, phthisis, prosthetic eye,                          To evaluate the effect of these                    Department of Motor Vehicles
                                                    pseudophakia, refractive amblyopia,                      exemptions on safety, FMCSA                           concluded that the best overall crash
                                                    and retinal detachment. In most cases,                                                                         predictor for both concurrent and
                                                                                                             considered the medical reports about
                                                    their eye conditions were not recently                                                                         nonconcurrent events is the number of
                                                                                                             the applicants’ vision as well as their
                                                    developed. Ten of the applicants were                                                                          single convictions. This study used 3
                                                                                                             driving records and experience with the
                                                    either born with their vision                                                                                  consecutive years of data, comparing the
                                                                                                             vision deficiency.
                                                    impairments or have had them since                                                                             experiences of drivers in the first 2 years
                                                    childhood. The 9 individuals that                           To qualify for an exemption from the               with their experiences in the final year.
                                                    sustained their vision conditions as                     vision requirement, FMCSA requires a                     Applying principles from these
                                                    adults have had it for a range of 5 to 42                person to present verifiable evidence                 studies to the past 3-year record of the
                                                    years.                                                   that he/she has driven a commercial                   19 applicants, no drivers were involved
                                                       Although each applicant has one eye                   vehicle safely with the vision deficiency             in crashes, and 2 drivers were convicted
                                                    which does not meet the vision                           for the past 3 years. Recent driving                  of moving violations in a CMV. All the
                                                    requirement in 49 CFR 391.41(b)(10),                     performance is especially important in                applicants achieved a record of safety
                                                    each has at least 20/40 corrected vision                 evaluating future safety, according to                while driving with their vision
                                                    in the other eye, and in a doctor’s                      several research studies designed to                  impairment, demonstrating the
                                                    opinion, has sufficient vision to perform                correlate past and future driving                     likelihood that they have adapted their
                                                    all the tasks necessary to operate a CMV.                performance. Results of these studies                 driving skills to accommodate their
                                                    Doctors’ opinions are supported by the                   support the principle that the best                   condition. As the applicants’ ample
                                                    applicants’ possession of valid                          predictor of future performance by a                  driving histories with their vision
                                                    commercial driver’s licenses (CDLs) or                   driver is his/her past record of crashes              deficiencies are good predictors of
                                                    non-CDLs to operate CMVs. Before                         and traffic violations. Copies of the                 future performance, FMCSA concludes
                                                    issuing CDLs, States subject drivers to                  studies may be found at Docket Number                 their ability to drive safely can be
                                                    knowledge and skills tests designed to                   FMCSA–1998–3637.                                      projected into the future.
                                                    evaluate their qualifications to operate a                  FMCSA believes it can properly apply                  We believe that the applicants’
                                                    CMV.                                                     the principle to monocular drivers,                   intrastate driving experience and history
                                                       All of these applicants satisfied the                 because data from the Federal Highway                 provide an adequate basis for predicting
                                                    testing requirements for their State of                  Administration’s (FHWA) former waiver                 their ability to drive safely in interstate
                                                    residence. By meeting State licensing                    study program clearly demonstrate the                 commerce. Intrastate driving, like
                                                    requirements, the applicants                             driving performance of experienced                    interstate operations, involves
                                                    demonstrated their ability to operate a                  monocular drivers in the program is                   substantial driving on highways on the
                                                    CMV, with their limited vision, to the                   better than that of all CMV drivers                   interstate system and on other roads
                                                    satisfaction of the State.                               collectively (See 61 FR 13338, 13345,                 built to interstate standards. Moreover,
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                       While possessing a valid CDL or non-                  March 26, 1996). The fact that                        driving in congested urban areas
                                                    CDL, these 19 drivers have been                          experienced monocular drivers                         exposes the driver to more pedestrian
                                                    authorized to drive a CMV in intrastate                  demonstrated safe driving records in the              and vehicular traffic than exists on
                                                    commerce, even though their vision                       waiver program supports a conclusion                  interstate highways. Faster reaction to
                                                    disqualified them from driving in                        that other monocular drivers, meeting                 traffic and traffic signals is generally
                                                    interstate commerce. They have driven                    the same qualifying conditions as those               required because distances between
                                                    CMVs with their limited vision in                        required by the waiver program, are also              them are more compact. These
                                                    careers ranging for 3 to 38 years. In the                likely to have adapted to their vision                conditions tax visual capacity and


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                                                    44682                             Federal Register / Vol. 81, No. 131 / Friday, July 8, 2016 / Notices

                                                    driver response just as intensely as                     Raed A. Abdelrahim (NH),                              Control Point (CP) BATH, at Milepost
                                                    interstate driving conditions. The                       Dominic A. Berube (MA),                               (MP) SP 172.29, on the NS Frankfort
                                                    veteran drivers in this proceeding have                  Gary L. Best (MI),                                    District, at Muncie, IN. Switch 1723 will
                                                    operated CMVs safely under those                         Therron K. Billings (VA),                             be converted to a hand-operated switch.
                                                    conditions for at least 3 years, most for                Lucien A. Fregeau (CT),                               The existing 120RC signal at BATH will
                                                    much longer. Their experience and                        Michael A. Gibbons (PA),                              be moved southeast so that the new
                                                    driving records lead us to believe that                  Fred M. Hill, Jr. (LA),                               hand-operated switch will be outside
                                                    each applicant is capable of operating in                Freddie H. Johnson (ID),                              the CP limits. The switch is to be
                                                    interstate commerce as safely as he/she                  Timothy C. Kohn (MO),                                 converted to a hand-operated switch to
                                                    has been performing in intrastate                        John D. Morgan (PA),                                  improve operations at this location.
                                                    commerce. Consequently, FMCSA finds                      Brian M. Olivas (TX),                                   A copy of the petition, as well as any
                                                    that exempting these applicants from                     Douglas Pitts (OH),                                   written communications concerning the
                                                    the vision requirement in 49 CFR                         Jesus R. Ponce (NY),                                  petition, is available for review online at
                                                    391.41(b)(10) is likely to achieve a level               Eddie R. Schaef (TX),                                 www.regulations.gov and in person at
                                                    of safety equal to that existing without                 Brian J. Stoltie (SC),                                the U.S. Department of Transportation’s
                                                    the exemption. For this reason, the                      Terry A. Strong (CA),                                 (DOT) Docket Operations Facility, 1200
                                                    Agency is granting the exemptions for                    Michael A. Terry (IN),                                New Jersey Avenue SE., W12–140,
                                                    the 2-year period allowed by 49 U.S.C.                   Russell A. Wilkinson (FL),                            Washington, DC 20590. The Docket
                                                    31136(e) and 31315 to the 19 applicants                  Timothy W. Youngblood, Jr. (TX)                       Operations Facility is open from 9 a.m.
                                                    listed in the notice of December 21,                        In accordance with 49 U.S.C. 31136(e)              to 5 p.m., Monday through Friday,
                                                    2015 (80 FR 79414).                                      and 31315, each exemption will be valid               except Federal Holidays.
                                                       We recognize that the vision of an                    for 2 years unless revoked earlier by                   Interested parties are invited to
                                                    applicant may change and affect his/her                  FMCSA. The exemption will be revoked                  participate in these proceedings by
                                                    ability to operate a CMV as safely as in                 if: (1) The person fails to comply with               submitting written views, data, or
                                                    the past. As a condition of the                          the terms and conditions of the                       comments. FRA does not anticipate
                                                    exemption, therefore, FMCSA will                         exemption; (2) the exemption has                      scheduling a public hearing in
                                                    impose requirements on the 19                            resulted in a lower level of safety than              connection with these proceedings since
                                                    individuals consistent with the                          was maintained before it was granted; or              the facts do not appear to warrant a
                                                    grandfathering provisions applied to                     (3) continuation of the exemption would               hearing. If any interested party desires
                                                    drivers who participated in the                          not be consistent with the goals and                  an opportunity for oral comment, they
                                                    Agency’s vision waiver program.                          objectives of 49 U.S.C. 31136 and 31315.              should notify FRA, in writing, before
                                                       Those requirements are found at 49                       If the exemption is still effective at the         the end of the comment period and
                                                    CFR 391.64(b) and include the                            end of the 2-year period, the person may              specify the basis for their request.
                                                    following: (1) That each individual be                   apply to FMCSA for a renewal under                      All communications concerning these
                                                    physically examined every year (a) by                    procedures in effect at that time.                    proceedings should identify the
                                                    an ophthalmologist or optometrist who                                                                          appropriate docket number and may be
                                                    attests that the vision in the better eye                  Issued on: June 28, 2016.                           submitted by any of the following
                                                    continues to meet the requirement in 49                  Larry W. Minor,                                       methods:
                                                    CFR 391.41(b)(10) and (b) by a medical                   Associate Administrator for Policy.                     • Web site: http://
                                                    examiner who attests that the individual                 [FR Doc. 2016–16198 Filed 7–7–16; 8:45 am]            www.regulations.gov. Follow the online
                                                    is otherwise physically qualified under                  BILLING CODE 4910–EX–P                                instructions for submitting comments.
                                                    49 CFR 391.41; (2) that each individual                                                                          • Fax: 202–493–2251.
                                                    provide a copy of the ophthalmologist’s                                                                          • Mail: Docket Operations Facility,
                                                    or optometrist’s report to the medical                   DEPARTMENT OF TRANSPORTATION                          U.S. Department of Transportation, 1200
                                                    examiner at the time of the annual                                                                             New Jersey Avenue SE., W12–140,
                                                    medical examination; and (3) that each                   Federal Railroad Administration                       Washington, DC 20590.
                                                    individual provide a copy of the annual                  [Docket Number FRA–2016–0059]
                                                                                                                                                                     • Hand Delivery: 1200 New Jersey
                                                    medical certification to the employer for                                                                      Avenue SE., Room W12–140,
                                                    retention in the driver’s qualification                  Notice of Application for Approval of                 Washington, DC 20590, between 9 a.m.
                                                    file, or keep a copy in his/her driver’s                 Discontinuance or Modification of a                   and 5 p.m., Monday through Friday,
                                                    qualification file if he/she is self-                    Railroad Signal System                                except Federal Holidays.
                                                    employed. The driver must have a copy                                                                            Communications received by August
                                                    of the certification when driving, for                     In accordance with part 235 of Title                22, 2016 will be considered by FRA
                                                    presentation to a duly authorized                        49 Code of Federal Regulations (CFR)                  before final action is taken. Comments
                                                    Federal, State, or local enforcement                     and 49 U.S.C. 20502(a), this document                 received after that date will be
                                                    official.                                                provides the public notice that by a                  considered as far as practicable.
                                                                                                             document dated May 25, 2016, Norfolk                    Anyone is able to search the
                                                    V. Discussion of Comments                                Southern Railway (NS) petitioned the                  electronic form of any written
                                                      FMCSA received no comments in this                     Federal Railroad Administration (FRA)                 communications and comments
                                                    proceeding.                                              seeking approval for the discontinuance               received into any of our dockets by the
                                                                                                             or modification of a signal system. FRA               name of the individual submitting the
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    VI. Conclusion                                           assigned the petition Docket Number                   comment (or signing the document, if
                                                      Based upon its evaluation of the 19                    FRA–2016–0059.                                        submitted on behalf of an association,
                                                    exemption applications, FMCSA                              Applicant: Norfolk Southern Railway,                business, labor union, etc.). In
                                                    exempts the following drivers from the                   Mr. B. L. Sykes, Chief Engineer, C&S                  accordance with 5 U.S.C. 553(c), DOT
                                                    vision requirement in 49 CFR                             Engineering, 1200 Peachtree Street NE.,               solicits comments from the public to
                                                    391.41(b)(10), subject to the                            Atlanta, GA 30309.                                    better inform its processes. DOT posts
                                                    requirements cited above (49 CFR                           NS seeks approval of the modification               these comments, without edit, including
                                                    391.64(b)):                                              of power-operated Switch 1723 at                      any personal information the


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Document Created: 2016-07-08 00:17:46
Document Modified: 2016-07-08 00:17:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of final disposition.
DatesThe exemptions were granted January 21, 2016. The exemptions expire on January 21, 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 44680 

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