81_FR_48635 81 FR 48493 - Qualification of Drivers; Exemption Applications; Vision

81 FR 48493 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 142 (July 25, 2016)

Page Range48493-48495
FR Document2016-17458

FMCSA announces its decision to exempt 28 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 142 (Monday, July 25, 2016)
[Federal Register Volume 81, Number 142 (Monday, July 25, 2016)]
[Notices]
[Pages 48493-48495]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17458]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0347]


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 28 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 February 12, 2016. The exemptions 
expire on February 12, 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 January 12, 2016, FMCSA published a notice of receipt of 
exemption applications from certain individuals, and requested comments 
from the public (81 FR 1474). That notice listed 28 applicants' case 
histories. The 28 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 28 applications on their merits 
and made a determination to grant exemptions to each of them.

III. Vision and Driving Experience of the Applicants

    The vision requirement in the FMCSRs provides:
    A person is physically qualified to drive a commercial motor 
vehicle if that person has distant visual acuity of at least 20/40 
(Snellen) in each eye without corrective lenses or visual acuity 
separately corrected to 20/40 (Snellen) or better with corrective 
lenses, distant binocular acuity of a least 20/40 (Snellen) in both 
eyes with or without corrective lenses, field of vision of at least 
70[deg] in the horizontal meridian in each eye, and the ability to 
recognize the colors of traffic signals and devices showing red, green, 
and amber (49 CFR 391.41(b)(10)).
    FMCSA recognizes that some drivers do not meet the vision 
requirement but have adapted their driving to accommodate their vision 
limitation and demonstrated their ability to drive safely. The 28 
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 age-related macular degeneration, amblyopia, 
complete loss of vision, corneal scar, embryonic cataract, macular 
scar, optic atrophy, optic nerve damage, prosthetic eye, reduced 
vision, refractive amblyopia, retinal detachment, and strabismic 
amblyopia. In most cases, their eye conditions were not recently 
developed. Nineteen of the applicants were either

[[Page 48494]]

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 6 to 44 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 28 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 59 
years. In the past three years, no drivers were involved in crashes, 
and 3 drivers were convicted of moving violations in a CMV.
    The qualifications, experience, and medical condition of each 
applicant were stated and discussed in detail in the January 12, 2016 
notice (81 FR 1474).

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 28 applicants, no drivers were involved in crashes, and 3 drivers 
were convicted of moving violations in a CMV. All the applicants 
achieved a record of safety while driving with their vision impairment, 
demonstrating the likelihood that they have adapted their driving 
skills to accommodate their condition. As the applicants' ample driving 
histories with their vision deficiencies are good predictors of future 
performance, FMCSA concludes their ability to drive safely can be 
projected into the future.
    We believe that the applicants' intrastate driving experience and 
history provide an adequate basis for predicting their ability to drive 
safely in interstate commerce. Intrastate driving, like interstate 
operations, involves substantial driving on highways on the interstate 
system and on other roads built to interstate standards. Moreover, 
driving in congested urban areas exposes the driver to more pedestrian 
and vehicular traffic than exists on interstate highways. Faster 
reaction to traffic and traffic signals is generally required because 
distances between them are more compact. These conditions tax visual 
capacity and driver response just as intensely as interstate driving 
conditions. The veteran drivers in this proceeding have operated CMVs 
safely under those conditions for at least 3 years, most for much 
longer. Their experience and driving records lead us to believe that 
each applicant is capable of operating in interstate commerce as safely 
as he/she has been performing in intrastate commerce. Consequently, 
FMCSA finds that exempting these applicants from the vision requirement 
in 49 CFR 391.41(b)(10) is likely to achieve a level of safety equal to 
that existing without the exemption. For this reason, the Agency is 
granting the exemptions for the 2-year period allowed by 49 U.S.C. 
31136(e) and 31315 to the 28 applicants listed in the notice of January 
12, 2016 (81 FR 1474).
    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 28 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

[[Page 48495]]

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 28 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)):

David W. Anderson (OR)
Charles H. Baim (PA)
Troy C. Blackburn (OH)
Johnnie E. Byler (PA)
Raymond E. Catanio (NJ)
Dana L. Colberg (OR)
Peter D. Costas (NY)
Darrin G. Davis (WI)
Rene Hernandez Gonzalez (FL)
Johnnie W. Hines, Jr. (FL)
Dean L. Knutson (SD)
Melvin L. Lester (MS)
Gerald R. Metzler (PA)
Kory M. Nelson (MD)
Douglas L. Peterson (WI)
Ramon S. Puente (IA)
Dennis W. Rhoades (VT)
Jose H. Rivas (NM)
Joseph T. Saba (MN)
LeRoy W. Scharkey (MN)
Roger H. Schwisow (NE)
Walton W. Smith, Jr. (VA)
Dustin W. Tharp (IA)
Aaron D. Tillman (DE)
Larry J. Weber (WI)
Richard N. Wescott (ME)
Oscar M. Wilkins (ME)
Rodney W. Wright (PA)

    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: July 19, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-17458 Filed 7-22-16; 8:45 am]
BILLING CODE 4910-EX-P



                                                                                  Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Notices                                             48493

                                                  to restore more natural water flow to                    DEPARTMENT OF TRANSPORTATION                          provides, to www.regulations.gov, as
                                                  Everglades National Park and Florida                                                                           described in the system of records
                                                  Bay for the purpose of restoring habitat                 Federal Motor Carrier Safety                          notice (DOT/ALL–14 FDMS), which can
                                                  within the Park and ecological                           Administration                                        be reviewed at www.dot.gov/privacy.
                                                  connectivity between the Park and                        [Docket No. FMCSA–2015–0347]                          II. Background
                                                  Water Conservation Areas. The project
                                                  limits are between milepost 13.87 and                    Qualification of Drivers; Exemption                      On January 12, 2016, FMCSA
                                                  24.62 (west of Krome Avenue). This                       Applications; Vision                                  published a notice of receipt of
                                                  project will not add through lanes. The                                                                        exemption applications from certain
                                                  project will remove approximately 5.5                    AGENCY: Federal Motor Carrier Safety                  individuals, and requested comments
                                                  miles of existing 2-lane roadway fill                    Administration (FMCSA), DOT.                          from the public (81 FR 1474). That
                                                  embankment and construct an equal                        ACTION: Notice of final disposition.                  notice listed 28 applicants’ case
                                                  length of 2-lane bridging to replace the                                                                       histories. The 28 individuals applied for
                                                  removed embankment. Remaining                            SUMMARY:    FMCSA announces its                       exemptions from the vision requirement
                                                  roadway and fill embankment will be                      decision to exempt 28 individuals from                in 49 CFR 391.41(b)(10), for drivers who
                                                  slightly raised in elevation. Corps                      the vision requirement in the Federal                 operate CMVs in interstate commerce.
                                                  Individual Permit SAJ–2014–01231                         Motor Carrier Safety Regulations                         Under 49 U.S.C. 31136(e) and 31315,
                                                  issued April 6, 2015, and is available at                (FMCSRs). They are unable to meet the                 FMCSA may grant an exemption for a 2-
                                                  http://geo.usace.army.mil/egis/                          vision requirement in one eye for                     year period if it finds ‘‘such exemption
                                                  f?p=340:9:0::NO.                                         various reasons. The exemptions will                  would likely achieve a level of safety
                                                                                                           enable these individuals to operate                   that is equivalent to or greater than the
                                                     6. Project Location: Brevard County,                  commercial motor vehicles (CMVs) in
                                                  Palm Bay Parkway Southern                                                                                      level that would be achieved absent
                                                                                                           interstate commerce without meeting                   such exemption.’’ The statute also
                                                  Interchange at I–95. Financial Project                   the prescribed vision requirement in
                                                  No: 426904–1–22–01 and 426904–1–22–                                                                            allows the Agency to renew exemptions
                                                                                                           one eye. The Agency has concluded that                at the end of the 2-year period.
                                                  02. Project Type: The project builds a                   granting these exemptions will provide
                                                  new interchange that will directly                                                                             Accordingly, FMCSA has evaluated the
                                                                                                           a level of safety that is equivalent to or            28 applications on their merits and
                                                  connect the Palm Bay Parkway and                         greater than the level of safety
                                                  Micco Road to I–95 just south of the                                                                           made a determination to grant
                                                                                                           maintained without the exemptions for                 exemptions to each of them.
                                                  City of Palm Bay in Brevard County.                      these CMV drivers.
                                                  Corps Individual Permit SAJ–2009–                                                                              III. Vision and Driving Experience of
                                                                                                           DATES: The exemptions were granted
                                                  01907 issued February 4, 2016, (DOT–                                                                           the Applicants
                                                  5–FPN–426904–1–22–01), and is                            February 12, 2016. The exemptions
                                                  available at http://geo.usace.army.mil/                  expire on February 12, 2018.                             The vision requirement in the
                                                  egis/f?p=340:9:0::NO.                                    FOR FURTHER INFORMATION CONTACT:                      FMCSRs provides:
                                                                                                           Christine A. Hydock, Chief, Medical                      A person is physically qualified to
                                                     7. Project Location: Martin and Palm
                                                                                                           Programs Division, (202) 366–4001,                    drive a commercial motor vehicle if that
                                                  Beach Counties, SR 710 (from SR 76 to
                                                                                                           fmcsamedical@dot.gov, FMCSA,                          person has distant visual acuity of at
                                                  Blue Heron Blvd. at I–95). Project type:
                                                                                                           Department of Transportation, 1200                    least 20/40 (Snellen) in each eye
                                                  Adds capacity to SR 710 and provides
                                                                                                           New Jersey Avenue SE., Room W64–                      without corrective lenses or visual
                                                  a new urban interchange at Northlake
                                                                                                           113, Washington, DC 20590–0001.                       acuity separately corrected to 20/40
                                                  Boulevard. Corps Individual Permit
                                                                                                           Office hours are 8:30 a.m. to 5 p.m., e.t.,           (Snellen) or better with corrective
                                                  SAJ–2013–02593 issued September 17,
                                                                                                           Monday through Friday, except Federal                 lenses, distant binocular acuity of a least
                                                  2014, and is available at http://
                                                                                                           holidays. If you have questions                       20/40 (Snellen) in both eyes with or
                                                  geo.usace.army.mil/egis/
                                                                                                           regarding viewing or submitting                       without corrective lenses, field of vision
                                                  f?p=340:9:0::NO.
                                                                                                           material to the docket, contact Docket                of at least 70° in the horizontal meridian
                                                     8. Project Location: Starke, Bradford                 Services, telephone (202) 366–9826.                   in each eye, and the ability to recognize
                                                  County, US 301 (from CR 227 to CR                        SUPPLEMENTARY INFORMATION:                            the colors of traffic signals and devices
                                                  233). Project type: Provides a 4 lane,                                                                         showing red, green, and amber (49 CFR
                                                  limited-access 7.3 mile bypass around                    I. Electronic Access                                  391.41(b)(10)).
                                                  the City of Starke. Corps Individual                        You may see all the comments online                   FMCSA recognizes that some drivers
                                                  Permit SAJ–2013–00113 issued March                       through the Federal Document                          do not meet the vision requirement but
                                                  4, 2016 (DOT–2–FPN 208001), and is                       Management System (FDMS) at http://                   have adapted their driving to
                                                  available at http://geo.usace.army.mil/                  www.regulations.gov.                                  accommodate their vision limitation
                                                  egis/f?p=340:9:0::NO.                                       Docket: For access to the docket to                and demonstrated their ability to drive
                                                  (Catalog of Federal Domestic Assistance                  read background documents or                          safely. The 28 exemption applicants
                                                  Program Number 20.205, Highway Planning                  comments, go to http://                               listed in this notice are in this category.
                                                  and Construction. The regulations                        www.regulations.gov and/or Room                       They are unable to meet the vision
                                                  implementing Executive Order 12372                       W12–140 on the ground level of the                    requirement in one eye for various
                                                  regarding intergovernmental consultation on              West Building, 1200 New Jersey Avenue                 reasons, including age-related macular
                                                  Federal programs and activities apply to this            SE., Washington, DC, between 9 a.m.                   degeneration, amblyopia, complete loss
                                                  program.)                                                and 5 p.m., Monday through Friday,                    of vision, corneal scar, embryonic
mstockstill on DSK3G9T082PROD with NOTICES




                                                     Authority: 23 U.S.C. 139(l)(1)                        except Federal holidays.                              cataract, macular scar, optic atrophy,
                                                                                                              Privacy Act: In accordance with 5                  optic nerve damage, prosthetic eye,
                                                  James C. Christian,                                      U.S.C. 553(c), DOT solicits comments                  reduced vision, refractive amblyopia,
                                                  Division Administrator, Federal Highway                  from the public to better inform its                  retinal detachment, and strabismic
                                                  Administration, Tallahassee, Florida.                    rulemaking process. DOT posts these                   amblyopia. In most cases, their eye
                                                  [FR Doc. 2016–17110 Filed 7–22–16; 8:45 am]              comments, without edit, including any                 conditions were not recently developed.
                                                  BILLING CODE 4910–RY–P                                   personal information the commenter                    Nineteen of the applicants were either


                                             VerDate Sep<11>2014   18:27 Jul 22, 2016   Jkt 238001   PO 00000   Frm 00119   Fmt 4703   Sfmt 4703   E:\FR\FM\25JYN1.SGM   25JYN1


                                                  48494                           Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Notices

                                                  born with their vision impairments or                       To qualify for an exemption from the               experiences of drivers in the first 2 years
                                                  have had them since childhood.                           vision requirement, FMCSA requires a                  with their experiences in the final year.
                                                     The 9 individuals that sustained their                person to present verifiable evidence                    Applying principles from these
                                                  vision conditions as adults have had it                  that he/she has driven a commercial                   studies to the past 3-year record of the
                                                  for a range of 6 to 44 years.                            vehicle safely with the vision deficiency             28 applicants, no drivers were involved
                                                     Although each applicant has one eye                   for the past 3 years. Recent driving                  in crashes, and 3 drivers were convicted
                                                  which does not meet the vision                           performance is especially important in                of moving violations in a CMV. All the
                                                  requirement in 49 CFR 391.41(b)(10),                     evaluating future safety, according to                applicants achieved a record of safety
                                                  each has at least 20/40 corrected vision                 several research studies designed to                  while driving with their vision
                                                  in the other eye, and in a doctor’s                      correlate past and future driving                     impairment, demonstrating the
                                                  opinion, has sufficient vision to perform                performance. Results of these studies                 likelihood that they have adapted their
                                                  all the tasks necessary to operate a CMV.                support the principle that the best                   driving skills to accommodate their
                                                  Doctors’ opinions are supported by the                   predictor of future performance by a                  condition. As the applicants’ ample
                                                  applicants’ possession of valid                          driver is his/her past record of crashes              driving histories with their vision
                                                  commercial driver’s licenses (CDLs) or                   and traffic violations. Copies of the                 deficiencies are good predictors of
                                                  non-CDLs to operate CMVs. Before                         studies may be found at Docket Number                 future performance, FMCSA concludes
                                                  issuing CDLs, States subject drivers to                  FMCSA–1998–3637.                                      their ability to drive safely can be
                                                  knowledge and skills tests designed to                      FMCSA believes it can properly apply               projected into the future.
                                                  evaluate their qualifications to operate a               the principle to monocular drivers,                      We believe that the applicants’
                                                  CMV.                                                     because data from the Federal Highway                 intrastate driving experience and history
                                                     All of these applicants satisfied the                                                                       provide an adequate basis for predicting
                                                                                                           Administration’s (FHWA) former waiver
                                                  testing requirements for their State of                                                                        their ability to drive safely in interstate
                                                                                                           study program clearly demonstrate the
                                                  residence. By meeting State licensing                                                                          commerce. Intrastate driving, like
                                                                                                           driving performance of experienced
                                                  requirements, the applicants                                                                                   interstate operations, involves
                                                                                                           monocular drivers in the program is
                                                  demonstrated their ability to operate a                                                                        substantial driving on highways on the
                                                                                                           better than that of all CMV drivers
                                                  CMV, with their limited vision, to the                                                                         interstate system and on other roads
                                                                                                           collectively (See 61 FR 13338, 13345,
                                                  satisfaction of the State.                                                                                     built to interstate standards. Moreover,
                                                                                                           March 26, 1996). The fact that
                                                     While possessing a valid CDL or non-                                                                        driving in congested urban areas
                                                                                                           experienced monocular drivers
                                                  CDL, these 28 drivers have been                                                                                exposes the driver to more pedestrian
                                                                                                           demonstrated safe driving records in the
                                                  authorized to drive a CMV in intrastate                                                                        and vehicular traffic than exists on
                                                                                                           waiver program supports a conclusion
                                                  commerce, even though their vision                                                                             interstate highways. Faster reaction to
                                                                                                           that other monocular drivers, meeting                 traffic and traffic signals is generally
                                                  disqualified them from driving in
                                                                                                           the same qualifying conditions as those               required because distances between
                                                  interstate commerce. They have driven
                                                                                                           required by the waiver program, are also              them are more compact. These
                                                  CMVs with their limited vision in
                                                                                                           likely to have adapted to their vision                conditions tax visual capacity and
                                                  careers ranging for 3 to 59 years. In the
                                                                                                           deficiency and will continue to operate               driver response just as intensely as
                                                  past three years, no drivers were
                                                                                                           safely.                                               interstate driving conditions. The
                                                  involved in crashes, and 3 drivers were
                                                  convicted of moving violations in a                         The first major research correlating               veteran drivers in this proceeding have
                                                  CMV.                                                     past and future performance was done                  operated CMVs safely under those
                                                     The qualifications, experience, and                   in England by Greenwood and Yule in                   conditions for at least 3 years, most for
                                                  medical condition of each applicant                      1920. Subsequent studies, building on                 much longer. Their experience and
                                                  were stated and discussed in detail in                   that model, concluded that crash rates                driving records lead us to believe that
                                                  the January 12, 2016 notice (81 FR                       for the same individual exposed to                    each applicant is capable of operating in
                                                  1474).                                                   certain risks for two different time                  interstate commerce as safely as he/she
                                                                                                           periods vary only slightly (See Bates                 has been performing in intrastate
                                                  IV. Basis for Exemption Determination                    and Neyman, University of California                  commerce. Consequently, FMCSA finds
                                                    Under 49 U.S.C. 31136(e) and 31315,                    Publications in Statistics, April 1952).              that exempting these applicants from
                                                  FMCSA may grant an exemption from                        Other studies demonstrated theories of                the vision requirement in 49 CFR
                                                  the vision requirement in 49 CFR                         predicting crash proneness from crash                 391.41(b)(10) is likely to achieve a level
                                                  391.41(b)(10) if the exemption is likely                 history coupled with other factors.                   of safety equal to that existing without
                                                  to achieve an equivalent or greater level                These factors—such as age, sex,                       the exemption. For this reason, the
                                                  of safety than would be achieved                         geographic location, mileage driven and               Agency is granting the exemptions for
                                                  without the exemption. Without the                       conviction history—are used every day                 the 2-year period allowed by 49 U.S.C.
                                                  exemption, applicants will continue to                   by insurance companies and motor                      31136(e) and 31315 to the 28 applicants
                                                  be restricted to intrastate driving. With                vehicle bureaus to predict the                        listed in the notice of January 12, 2016
                                                  the exemption, applicants can drive in                   probability of an individual                          (81 FR 1474).
                                                  interstate commerce. Thus, our analysis                  experiencing future crashes (See Weber,                  We recognize that the vision of an
                                                  focuses on whether an equal or greater                   Donald C., ‘‘Accident Rate Potential: An              applicant may change and affect his/her
                                                  level of safety is likely to be achieved by              Application of Multiple Regression                    ability to operate a CMV as safely as in
                                                  permitting each of these drivers to drive                Analysis of a Poisson Process,’’ Journal              the past. As a condition of the
                                                  in interstate commerce as opposed to                     of American Statistical Association,                  exemption, therefore, FMCSA will
                                                  restricting him or her to driving in                     June 1971). A 1964 California Driver                  impose requirements on the 28
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                                                  intrastate commerce.                                     Record Study prepared by the California               individuals consistent with the
                                                    To evaluate the effect of these                        Department of Motor Vehicles                          grandfathering provisions applied to
                                                  exemptions on safety, FMCSA                              concluded that the best overall crash                 drivers who participated in the
                                                  considered the medical reports about                     predictor for both concurrent and                     Agency’s vision waiver program.
                                                  the applicants’ vision as well as their                  nonconcurrent events is the number of                    Those requirements are found at 49
                                                  driving records and experience with the                  single convictions. This study used 3                 CFR 391.64(b) and include the
                                                  vision deficiency.                                       consecutive years of data, comparing the              following: (1) That each individual be


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                                                                                  Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Notices                                           48495

                                                  physically examined every year (a) by                    the terms and conditions of the                       Legal Basis
                                                  an ophthalmologist or optometrist who                    exemption; (2) the exemption has                         FMCSA has authority under 49 U.S.C.
                                                  attests that the vision in the better eye                resulted in a lower level of safety than              31136(e) and 31315 to grant exemptions
                                                  continues to meet the requirement in 49                  was maintained before it was granted; or              from certain parts of the Federal Motor
                                                  CFR 391.41(b)(10) and (b) by a medical                   (3) continuation of the exemption would               Carrier Safety Regulations. FMCSA must
                                                  examiner who attests that the individual                 not be consistent with the goals and                  publish a notice of each exemption
                                                  is otherwise physically qualified under                  objectives of 49 U.S.C. 31136 and 31315.              request in the Federal Register [49 CFR
                                                  49 CFR 391.41; (2) that each individual                    If the exemption is still effective at the
                                                                                                                                                                 381.315(a)].
                                                  provide a copy of the ophthalmologist’s                  end of the 2-year period, the person may                 Section 5206(b)(2)(A) of the FAST Act
                                                  or optometrist’s report to the medical                   apply to FMCSA for a renewal under                    requires FMCSA to extend all
                                                  examiner at the time of the annual                       procedures in effect at that time.                    exemptions from the HOS regulations
                                                  medical examination; and (3) that each                     Issued on: July 19, 2016.                           (49 CFR part 395) that were in effect on
                                                  individual provide a copy of the annual                  Larry W. Minor,                                       the date of enactment of the Act to a
                                                  medical certification to the employer for                Associate Administrator for Policy.                   period of 5 years from the date the
                                                  retention in the driver’s qualification                                                                        exemption was granted. The exemption
                                                                                                           [FR Doc. 2016–17458 Filed 7–22–16; 8:45 am]
                                                  file, or keep a copy in his/her driver’s                                                                       may be renewed. Because this action
                                                                                                           BILLING CODE 4910–EX–P
                                                  qualification file if he/she is self-                                                                          merely implements a statutory mandate
                                                  employed. The driver must have a copy                                                                          that took effect on the date of enactment
                                                  of the certification when driving, for                                                                         of the FAST Act, notice and comment
                                                                                                           DEPARTMENT OF TRANSPORTATION
                                                  presentation to a duly authorized                                                                              are not required.
                                                  Federal, State, or local enforcement                     Federal Motor Carrier Safety
                                                  official.                                                Administration                                        DOE Exemption
                                                  V. Discussion of Comments                                                                                         From 2013 to 2015, DOE held a
                                                                                                           [Docket No. FMCSA–2012–0370]
                                                                                                                                                                 limited exemption from the mandatory
                                                    FMCSA received no comments in this                                                                           30-minute rest break requirement of 49
                                                  proceeding.                                              Hours of Service of Drivers: U.S.
                                                                                                           Department of Energy (DOE); FAST Act                  CFR 395.3(a)(3)(ii) that allowed DOE
                                                  IV. Conclusion                                           Extension of Expiration Date                          contract carriers and their drivers
                                                                                                                                                                 transporting security-sensitive
                                                     Based upon its evaluation of the 28                   AGENCY: Federal Motor Carrier Safety                  radioactive materials to be treated the
                                                  exemption applications, FMCSA                            Administration (FMCSA), DOT.                          same as drivers transporting explosives
                                                  exempts the following drivers from the                   ACTION: Notice; extension of exemption.               pursuant to § 395.1(q). As that
                                                  vision requirement in 49 CFR                                                                                   exemption neared expiration, DOE
                                                  391.41(b)(10), subject to the                            SUMMARY:    FMCSA announces the                       applied for its renewal.
                                                  requirements cited above (49 CFR                         extension of the hours-of-service (HOS)                  FMCSA reviewed DOE’s request and
                                                  391.64(b)):                                              exemption granted to the U.S.                         the public comments and reaffirmed its
                                                  David W. Anderson (OR)                                   Department of Energy (DOE) on June 30,                previous conclusion that allowing these
                                                  Charles H. Baim (PA)                                     2015, for certain commercial motor                    drivers to count on-duty time
                                                  Troy C. Blackburn (OH)                                   vehicle (CMV) drivers. The Agency                     ‘‘attending’’ their CMVs toward the
                                                  Johnnie E. Byler (PA)                                    extends the expiration date of the                    required 30-minute break, would
                                                  Raymond E. Catanio (NJ)                                  exemption to June 29, 2020 in response                promote safety at least as effectively as
                                                  Dana L. Colberg (OR)                                     to section 5206(b)(2)(A) of the ‘‘Fixing              the break itself. The notice renewing the
                                                  Peter D. Costas (NY)                                     America’s Surface Transportation Act’’                DOE exemption was published on June
                                                  Darrin G. Davis (WI)                                     (FAST Act). That section extends the                  22, 2015 [80 FR 35703].
                                                  Rene Hernandez Gonzalez (FL)                             expiration date of all HOS exemptions                    The substance of the 2015 exemption
                                                  Johnnie W. Hines, Jr. (FL)                               in effect on the date of enactment to 5               is not affected by this extension. The
                                                  Dean L. Knutson (SD)                                     years from the date of issuance of the                DOE exemption covers only the 30-
                                                  Melvin L. Lester (MS)                                    exemptions. The DOE exemption from                    minute break requirement [49 CFR
                                                  Gerald R. Metzler (PA)                                   the Agency’s 30-minute rest break                     395.3(a)(3)(ii)] and is restricted to
                                                  Kory M. Nelson (MD)                                      requirement is limited to DOE’s contract              contract motor carriers and their drivers
                                                  Douglas L. Peterson (WI)                                 motor carriers and their employee-                    employed by DOE transporting security-
                                                  Ramon S. Puente (IA)                                     drivers engaged in the transportation of              sensitive radioactive materials. On each
                                                  Dennis W. Rhoades (VT)                                   security-sensitive radioactive materials.             trip, the drivers are allowed to use 30
                                                  Jose H. Rivas (NM)                                       The Agency previously determined that                 minutes or more of ‘‘attendance time’’ to
                                                  Joseph T. Saba (MN)                                      CMV operations under this exemption                   meet the requirements for a rest break in
                                                  LeRoy W. Scharkey (MN)                                   would likely achieve a level of safety                the manner provided in 49 CFR
                                                  Roger H. Schwisow (NE)                                   equivalent to or greater than the level of            395.1(q), provided they perform no
                                                  Walton W. Smith, Jr. (VA)                                safety that would be obtained in the                  other on-duty activities during the rest
                                                  Dustin W. Tharp (IA)                                     absence of the exemption.                             break.
                                                  Aaron D. Tillman (DE)                                    DATES: This limited exemption is                         The FMCSA does not believe the
                                                  Larry J. Weber (WI)                                      effective from June 30, 2015, through                 safety record of any driver operating
                                                  Richard N. Wescott (ME)                                  June 29, 2020.                                        under this exemption will deteriorate.
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                                                  Oscar M. Wilkins (ME)                                    FOR FURTHER INFORMATION CONTACT: Mr.                  However, should deterioration in safety
                                                  Rodney W. Wright (PA)                                    Thomas Yager, Chief, FMCSA Driver                     occur, FMCSA will take all steps
                                                     In accordance with 49 U.S.C. 31136(e)                 and Carrier Operations Division; Office               necessary to protect the public interest,
                                                  and 31315, each exemption will be valid                  of Carrier, Driver and Vehicle Safety                 including revocation of the exemption.
                                                  for 2 years unless revoked earlier by                    Standards; Telephone: 614–942–6477.                   The FMCSA has the authority to
                                                  FMCSA. The exemption will be revoked                     Email: MCPSD@dot.gov.                                 terminate the exemption at any time the
                                                  if: (1) The person fails to comply with                  SUPPLEMENTARY INFORMATION:                            Agency has the data/information to


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Document Created: 2016-07-23 02:00:21
Document Modified: 2016-07-23 02:00:21
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 February 12, 2016. The exemptions expire on February 12, 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 48493 

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