81_FR_52668 81 FR 52516 - Qualification of Drivers; Exemption Applications; Vision

81 FR 52516 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 152 (August 8, 2016)

Page Range52516-52518
FR Document2016-18733

FMCSA announces its decision to exempt 22 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 152 (Monday, August 8, 2016)
[Federal Register Volume 81, Number 152 (Monday, August 8, 2016)]
[Notices]
[Pages 52516-52518]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18733]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0351]


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

DATES: The exemptions were granted April 28, 2016. The exemptions 
expire on April 28, 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 March 28, 2016, FMCSA published a notice of receipt of exemption 
applications from certain individuals, and requested comments from the 
public (81 FR 17237). That notice listed 22 applicants' case histories. 
The 22 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 two-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 22 applications on their merits 
and made a determination to grant exemptions to each of them.

III. Vision and Driving Experience of the Applicants

    The vision requirement in the FMCSRs provides: A person is 
physically qualified to drive a commercial motor vehicle if that person 
has distant visual acuity of at least 20/40 (Snellen) in each eye 
without corrective lenses or visual acuity separately corrected to 20/
40 (Snellen) or better with corrective lenses, distant binocular acuity 
of a least 20/40 (Snellen) in both eyes with or without corrective 
lenses, field of vision of at least 70[deg] in the horizontal meridian 
in each eye, and the ability to recognize the colors of traffic signals 
and devices showing red, green, and amber (49 CFR 391.41(b)(10)).
    FMCSA recognizes that some drivers do not meet the vision 
requirement but have adapted their driving to accommodate their 
limitation and demonstrated their ability to drive safely. The 22 
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, aphakia, central scotoma, complete loss 
of vision, corneal scar, macular scar, open angle glaucoma, optic nerve 
damage, prosthetic eye, retinal detachment, and strabismic amblyopia. 
In most cases, their eye conditions were not recently developed. 
Fifteen of the applicants were either born with their vision 
impairments or have had them since childhood.
    The 7 individuals that sustained their vision conditions as adults 
have had it for a range of 5 to 30 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.

[[Page 52517]]

    While possessing a valid CDL or non-CDL, these 22 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 5 to 41 
years. In the past three years, 3 drivers were involved in crashes, and 
1 driver was convicted of a moving violation in a CMV.
    The qualifications, experience, and medical condition of each 
applicant were stated and discussed in detail in the March 28, 2016 
notice (81 FR 17237).

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 22 applicants, 3 drivers were involved in crashes, and 1 driver was 
convicted of a moving violation in a CMV. All the applicants achieved a 
record of safety while driving with their vision impairment, 
demonstrating the likelihood that they have adapted their driving 
skills to accommodate their condition. As the applicants' ample driving 
histories with their vision deficiencies are good predictors of future 
performance, FMCSA concludes their ability to drive safely can be 
projected into the future.
    We believe that the applicants' intrastate driving experience and 
history provide an adequate basis for predicting their ability to drive 
safely in interstate commerce. Intrastate driving, like interstate 
operations, involves substantial driving on highways on the interstate 
system and on other roads built to interstate standards. Moreover, 
driving in congested urban areas exposes the driver to more pedestrian 
and vehicular traffic than exists on interstate highways. Faster 
reaction to traffic and traffic signals is generally required because 
distances between them are more compact. These conditions tax visual 
capacity and driver response just as intensely as interstate driving 
conditions. The veteran drivers in this proceeding have operated CMVs 
safely under those conditions for at least 3 years, most for much 
longer. Their experience and driving records lead us to believe that 
each applicant is capable of operating in interstate commerce as safely 
as he/she has been performing in intrastate commerce. Consequently, 
FMCSA finds that exempting these applicants from the vision requirement 
in 49 CFR 391.41(b)(10) is likely to achieve a level of safety equal to 
that existing without the exemption. For this reason, the Agency is 
granting the exemptions for the 2-year period allowed by 49 U.S.C. 
31136(e) and 31315 to the 22 applicants listed in the notice of March 
28, 2016 (81 FR 17237).
    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 22 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 three comments in this proceeding. Austen Barlow 
stated she is in favor of granting the exemptions because she believes 
these

[[Page 52518]]

drivers will exercise more caution than those who meet the standards. 
Roy Hegland stated that he is in favor of granting the exemptions based 
on the professional experience of his daughter who has a vision 
deficiency. An anonymous commenter stated that they are against 
granting the exemptions because of safety concerns related to the 
vision deficiencies of the drivers, specifically regarding depth 
perception of the drivers and larger blind spots while operating CMVs. 
As stated in section four of this notice, medical evaluations from each 
driver, their driving records, driving experience with the vision 
deficiency, and safety concerns, are all considered when determining if 
an exemption should be granted. Studies pertaining to the efficacy of 
these considerations are also referenced in section four.

VI. Conclusion

    Based upon its evaluation of the 22 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)):

Lee R. Boykin (TX)
Donald Carrillo (NM)
Carl F. Cryer (AL)
Steven W. Day (MO)
Roger M. Dunaway (KY)
Horace N. Goss (TX)
Matt A. Guilmain (NH)
Hugo N. Gutierrez (IN)
Edward R. Hunt (NC)
William J. Kanaris (NY)
Harvey Klein (NJ)
Ronnie L. McHugh (KS)
Walter J. Musty (MN)
John O'Boyle (PA)
Michael L. Robinson (MO)
Donald P. Ruckinger (PA)
Mark A. Sanders (OK)
Michael J. Scarano (NJ)
Edward P. Schrader II (WA)
Charles H. Strople (MA)
Eddie Walker (NC)
Trent Wipf (SC)

    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 29, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-18733 Filed 8-5-16; 8:45 am]
BILLING CODE 4910-EX-P



                                                  52516                         Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Notices

                                                  following screen. Choose whether you                    a level of safety that is equivalent to or            evaluated the 22 applications on their
                                                  are submitting your comment as an                       greater than the level of safety                      merits and made a determination to
                                                  individual or on behalf of a third party                maintained without the exemptions for                 grant exemptions to each of them.
                                                  and then submit. If you submit your                     these CMV drivers.
                                                                                                                                                                III. Vision and Driving Experience of
                                                  comments by mail or hand delivery,                      DATES: The exemptions were granted                    the Applicants
                                                  submit them in an unbound format, no                    April 28, 2016. The exemptions expire
                                                  larger than 81⁄2 by 11 inches, suitable for             on April 28, 2018.                                       The vision requirement in the
                                                  copying and electronic filing. If you                   FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                FMCSRs provides: A person is
                                                  submit comments by mail and would                       Christine A. Hydock, Chief, Medical                   physically qualified to drive a
                                                  like to know that they reached the                      Programs Division, (202) 366–4001,                    commercial motor vehicle if that person
                                                  facility, please enclose a stamped, self-               fmcsamedical@dot.gov, FMCSA,                          has distant visual acuity of at least 20/
                                                  addressed postcard or envelope.                         Department of Transportation, 1200                    40 (Snellen) in each eye without
                                                     FMCSA will consider all comments                                                                           corrective lenses or visual acuity
                                                                                                          New Jersey Avenue SE., Room W64–
                                                  and material received during the                                                                              separately corrected to 20/40 (Snellen)
                                                                                                          113, Washington, DC 20590–0001.
                                                  comment period. FMCSA may issue a                                                                             or better with corrective lenses, distant
                                                  final determination at any time after the               Office hours are 8:30 a.m. to 5 p.m., e.t.,
                                                                                                          Monday through Friday, except Federal                 binocular acuity of a least 20/40
                                                  close of the comment period.                                                                                  (Snellen) in both eyes with or without
                                                                                                          holidays. If you have questions
                                                  Viewing Comments and Documents                          regarding viewing or submitting                       corrective lenses, field of vision of at
                                                                                                          material to the docket, contact Docket                least 70° in the horizontal meridian in
                                                     To view comments, as well as                                                                               each eye, and the ability to recognize
                                                  documents mentioned in this preamble                    Services, telephone (202) 366–9826.
                                                                                                                                                                the colors of traffic signals and devices
                                                  as being available in the docket, go to                 SUPPLEMENTARY INFORMATION:
                                                                                                                                                                showing red, green, and amber (49 CFR
                                                  http://www.regulations.gov and insert                                                                         391.41(b)(10)).
                                                                                                          I. Electronic Access
                                                  the docket number FMCSA–2016–0031
                                                                                                             You may see all the comments online                   FMCSA recognizes that some drivers
                                                  in the ‘‘Keyword’’ box and click
                                                                                                          through the Federal Document                          do not meet the vision requirement but
                                                  ‘‘Search.’’ Next, click ‘‘Open Docket
                                                                                                          Management System (FDMS) at http://                   have adapted their driving to
                                                  Folder’’ button and choose the
                                                                                                          www.regulations.gov.                                  accommodate their limitation and
                                                  document listed to review. If you do not
                                                                                                             Docket: For access to the docket to                demonstrated their ability to drive
                                                  have access to the Internet, you may
                                                                                                          read background documents or                          safely. The 22 exemption applicants
                                                  view the docket online by visiting the
                                                                                                          comments, go to http://                               listed in this notice are in this category.
                                                  Docket Management Facility in Room
                                                                                                          www.regulations.gov and/or Room                       They are unable to meet the vision
                                                  W12–140 on the ground floor of the
                                                                                                          W12–140 on the ground level of the                    requirement in one eye for various
                                                  DOT West Building, 1200 New Jersey
                                                                                                          West Building, 1200 New Jersey Avenue                 reasons, including amblyopia, aphakia,
                                                  Avenue SE., Washington, DC 20590,
                                                                                                          SE., Washington, DC, between 9 a.m.                   central scotoma, complete loss of vision,
                                                  between 9 a.m. and 5 p.m., e.t., Monday
                                                                                                          and 5 p.m., Monday through Friday,                    corneal scar, macular scar, open angle
                                                  through Friday, except Federal holidays.
                                                                                                          except Federal holidays.                              glaucoma, optic nerve damage,
                                                    Issued on: July 27, 2016.                                                                                   prosthetic eye, retinal detachment, and
                                                                                                             Privacy Act: In accordance with 5
                                                  Larry W. Minor,                                                                                               strabismic amblyopia. In most cases,
                                                                                                          U.S.C. 553(c), DOT solicits comments
                                                  Associate Administrator for Policy.                     from the public to better inform its                  their eye conditions were not recently
                                                  [FR Doc. 2016–18735 Filed 8–5–16; 8:45 am]              rulemaking process. DOT posts these                   developed. Fifteen of the applicants
                                                  BILLING CODE 4910–EX–P                                  comments, without edit, including any                 were either born with their vision
                                                                                                          personal information the commenter                    impairments or have had them since
                                                                                                          provides, to www.regulations.gov, as                  childhood.
                                                  DEPARTMENT OF TRANSPORTATION                            described in the system of records                       The 7 individuals that sustained their
                                                                                                          notice (DOT/ALL–14 FDMS), which can                   vision conditions as adults have had it
                                                  Federal Motor Carrier Safety                                                                                  for a range of 5 to 30 years.
                                                  Administration                                          be reviewed at www.dot.gov/privacy.
                                                                                                                                                                   Although each applicant has one eye
                                                  [Docket No. FMCSA–2015–0351]                            II. Background                                        which does not meet the vision
                                                                                                             On March 28, 2016, FMCSA                           requirement in 49 CFR 391.41(b)(10),
                                                  Qualification of Drivers; Exemption                     published a notice of receipt of                      each has at least 20/40 corrected vision
                                                  Applications; Vision                                    exemption applications from certain                   in the other eye, and in a doctor’s
                                                  AGENCY: Federal Motor Carrier Safety                    individuals, and requested comments                   opinion, has sufficient vision to perform
                                                  Administration (FMCSA), DOT.                            from the public (81 FR 17237). That                   all the tasks necessary to operate a CMV.
                                                  ACTION: Notice of final disposition.                    notice listed 22 applicants’ case                     Doctors’ opinions are supported by the
                                                                                                          histories. The 22 individuals applied for             applicants’ possession of valid
                                                  SUMMARY:   FMCSA announces its                          exemptions from the vision requirement                commercial driver’s licenses (CDLs) or
                                                  decision to exempt 22 individuals from                  in 49 CFR 391.41(b)(10), for drivers who              non-CDLs to operate CMVs. Before
                                                  the vision requirement in the Federal                   operate CMVs in interstate commerce.                  issuing CDLs, States subject drivers to
                                                  Motor Carrier Safety Regulations                           Under 49 U.S.C. 31136(e) and 31315,                knowledge and skills tests designed to
                                                  (FMCSRs). They are unable to meet the                   FMCSA may grant an exemption for a                    evaluate their qualifications to operate a
                                                  vision requirement in one eye for                       two-year period if it finds ‘‘such                    CMV.
mstockstill on DSK3G9T082PROD with NOTICES




                                                  various reasons. The exemptions will                    exemption would likely achieve a level                   All of these applicants satisfied the
                                                  enable these individuals to operate                     of safety that is equivalent to or greater            testing requirements for their State of
                                                  commercial motor vehicles (CMVs) in                     than the level that would be achieved                 residence. By meeting State licensing
                                                  interstate commerce without meeting                     absent such exemption.’’ The statute                  requirements, the applicants
                                                  the prescribed vision requirement in                    also allows the Agency to renew                       demonstrated their ability to operate a
                                                  one eye. The Agency has concluded that                  exemptions at the end of the 2-year                   CMV, with their limited vision, to the
                                                  granting these exemptions will provide                  period. Accordingly, FMCSA has                        satisfaction of the State.


                                             VerDate Sep<11>2014   22:23 Aug 05, 2016   Jkt 238001   PO 00000   Frm 00120   Fmt 4703   Sfmt 4703   E:\FR\FM\08AUN1.SGM   08AUN1


                                                                                Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Notices                                            52517

                                                    While possessing a valid CDL or non-                  demonstrated safe driving records in the              and vehicular traffic than exists on
                                                  CDL, these 22 drivers have been                         waiver program supports a conclusion                  interstate highways. Faster reaction to
                                                  authorized to drive a CMV in intrastate                 that other monocular drivers, meeting                 traffic and traffic signals is generally
                                                  commerce, even though their vision                      the same qualifying conditions as those               required because distances between
                                                  disqualified them from driving in                       required by the waiver program, are also              them are more compact. These
                                                  interstate commerce. They have driven                   likely to have adapted to their vision                conditions tax visual capacity and
                                                  CMVs with their limited vision in                       deficiency and will continue to operate               driver response just as intensely as
                                                  careers ranging for 5 to 41 years. In the               safely.                                               interstate driving conditions. The
                                                  past three years, 3 drivers were involved                  The first major research correlating               veteran drivers in this proceeding have
                                                  in crashes, and 1 driver was convicted                  past and future performance was done                  operated CMVs safely under those
                                                  of a moving violation in a CMV.                         in England by Greenwood and Yule in                   conditions for at least 3 years, most for
                                                    The qualifications, experience, and                   1920. Subsequent studies, building on                 much longer. Their experience and
                                                  medical condition of each applicant                     that model, concluded that crash rates                driving records lead us to believe that
                                                  were stated and discussed in detail in                  for the same individual exposed to                    each applicant is capable of operating in
                                                  the March 28, 2016 notice (81 FR                        certain risks for two different time                  interstate commerce as safely as he/she
                                                  17237).                                                 periods vary only slightly (See Bates                 has been performing in intrastate
                                                                                                          and Neyman, University of California                  commerce. Consequently, FMCSA finds
                                                  IV. Basis for Exemption Determination
                                                                                                          Publications in Statistics, April 1952).              that exempting these applicants from
                                                    Under 49 U.S.C. 31136(e) and 31315,                   Other studies demonstrated theories of                the vision requirement in 49 CFR
                                                  FMCSA may grant an exemption from                       predicting crash proneness from crash                 391.41(b)(10) is likely to achieve a level
                                                  the vision requirement in 49 CFR                        history coupled with other factors.                   of safety equal to that existing without
                                                  391.41(b)(10) if the exemption is likely                These factors—such as age, sex,                       the exemption. For this reason, the
                                                  to achieve an equivalent or greater level               geographic location, mileage driven and               Agency is granting the exemptions for
                                                  of safety than would be achieved                        conviction history—are used every day                 the 2-year period allowed by 49 U.S.C.
                                                  without the exemption. Without the                      by insurance companies and motor                      31136(e) and 31315 to the 22 applicants
                                                  exemption, applicants will continue to                  vehicle bureaus to predict the                        listed in the notice of March 28, 2016
                                                  be restricted to intrastate driving. With               probability of an individual                          (81 FR 17237).
                                                  the exemption, applicants can drive in                  experiencing future crashes (See Weber,                  We recognize that the vision of an
                                                  interstate commerce. Thus, our analysis                 Donald C., ‘‘Accident Rate Potential: An              applicant may change and affect his/her
                                                  focuses on whether an equal or greater                  Application of Multiple Regression                    ability to operate a CMV as safely as in
                                                  level of safety is likely to be achieved by             Analysis of a Poisson Process,’’ Journal              the past. As a condition of the
                                                  permitting each of these drivers to drive               of American Statistical Association,                  exemption, therefore, FMCSA will
                                                  in interstate commerce as opposed to                    June 1971). A 1964 California Driver                  impose requirements on the 22
                                                  restricting him or her to driving in                    Record Study prepared by the California               individuals consistent with the
                                                  intrastate commerce.                                    Department of Motor Vehicles                          grandfathering provisions applied to
                                                    To evaluate the effect of these                       concluded that the best overall crash                 drivers who participated in the
                                                  exemptions on safety, FMCSA                             predictor for both concurrent and                     Agency’s vision waiver program.
                                                  considered the medical reports about                    nonconcurrent events is the number of                    Those requirements are found at 49
                                                  the applicants’ vision as well as their                 single convictions. This study used 3                 CFR 391.64(b) and include the
                                                  driving records and experience with the                 consecutive years of data, comparing the              following:
                                                  vision deficiency.                                      experiences of drivers in the first 2 years              (1) That each individual be physically
                                                    To qualify for an exemption from the                  with their experiences in the final year.             examined every year (a) by an
                                                  vision requirement, FMCSA requires a                       Applying principles from these                     ophthalmologist or optometrist who
                                                  person to present verifiable evidence                   studies to the past 3-year record of the              attests that the vision in the better eye
                                                  that he/she has driven a commercial                     22 applicants, 3 drivers were involved                continues to meet the requirement in 49
                                                  vehicle safely with the vision deficiency               in crashes, and 1 driver was convicted                CFR 391.41(b)(10) and (b) by a medical
                                                  for the past 3 years. Recent driving                    of a moving violation in a CMV. All the               examiner who attests that the individual
                                                  performance is especially important in                  applicants achieved a record of safety                is otherwise physically qualified under
                                                  evaluating future safety, according to                  while driving with their vision                       49 CFR 391.41; (2) that each individual
                                                  several research studies designed to                    impairment, demonstrating the                         provide a copy of the ophthalmologist’s
                                                  correlate past and future driving                       likelihood that they have adapted their               or optometrist’s report to the medical
                                                  performance. Results of these studies                   driving skills to accommodate their                   examiner at the time of the annual
                                                  support the principle that the best                     condition. As the applicants’ ample                   medical examination; and (3) that each
                                                  predictor of future performance by a                    driving histories with their vision                   individual provide a copy of the annual
                                                  driver is his/her past record of crashes                deficiencies are good predictors of                   medical certification to the employer for
                                                  and traffic violations. Copies of the                   future performance, FMCSA concludes                   retention in the driver’s qualification
                                                  studies may be found at Docket Number                   their ability to drive safely can be                  file, or keep a copy in his/her driver’s
                                                  FMCSA–1998–3637.                                        projected into the future.                            qualification file if he/she is self-
                                                    FMCSA believes it can properly apply                     We believe that the applicants’                    employed. The driver must have a copy
                                                  the principle to monocular drivers,                     intrastate driving experience and history             of the certification when driving, for
                                                  because data from the Federal Highway                   provide an adequate basis for predicting              presentation to a duly authorized
                                                  Administration’s (FHWA) former waiver                   their ability to drive safely in interstate
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                                                                                Federal, State, or local enforcement
                                                  study program clearly demonstrate the                   commerce. Intrastate driving, like                    official.
                                                  driving performance of experienced                      interstate operations, involves
                                                  monocular drivers in the program is                     substantial driving on highways on the                V. Discussion of Comments
                                                  better than that of all CMV drivers                     interstate system and on other roads                    FMCSA received three comments in
                                                  collectively (See 61 FR 13338, 13345,                   built to interstate standards. Moreover,              this proceeding. Austen Barlow stated
                                                  March 26, 1996). The fact that                          driving in congested urban areas                      she is in favor of granting the
                                                  experienced monocular drivers                           exposes the driver to more pedestrian                 exemptions because she believes these


                                             VerDate Sep<11>2014   22:23 Aug 05, 2016   Jkt 238001   PO 00000   Frm 00121   Fmt 4703   Sfmt 4703   E:\FR\FM\08AUN1.SGM   08AUN1


                                                  52518                         Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Notices

                                                  drivers will exercise more caution than                   Issued on: July 29, 2016.                           follow to establish, maintain, or enforce
                                                  those who meet the standards. Roy                       Larry W. Minor,                                       routing designations for the transport of
                                                  Hegland stated that he is in favor of                   Associate Administrator for Policy.                   placardable quantities of NRHM are set
                                                  granting the exemptions based on the                    [FR Doc. 2016–18733 Filed 8–5–16; 8:45 am]            forth in 49 CFR part 397, subpart C.
                                                  professional experience of his daughter                 BILLING CODE 4910–EX–P
                                                                                                                                                                Subpart D of part 397 sets out the
                                                  who has a vision deficiency. An                                                                               requirements for designating preferred
                                                  anonymous commenter stated that they                                                                          routes for HRCQ/RAM shipments as an
                                                  are against granting the exemptions                     DEPARTMENT OF TRANSPORTATION                          alternative, or in addition, to Interstate
                                                  because of safety concerns related to the                                                                     System highways. For HRCQ/RAM
                                                  vision deficiencies of the drivers,                     Federal Motor Carrier Safety                          shipments, § 397.101 defines a preferred
                                                  specifically regarding depth perception                 Administration                                        route as an Interstate Highway for which
                                                  of the drivers and larger blind spots                                                                         no alternative route is designated by the
                                                  while operating CMVs. As stated in                      National Hazardous Materials Route                    State; a route specifically designated by
                                                  section four of this notice, medical                    Registry Revisions and Procedures                     the State; or both. See § 397.65 for the
                                                  evaluations from each driver, their                     AGENCY: Federal Motor Carrier Safety                  definition of ‘‘NRHM’’ and ‘‘routing
                                                  driving records, driving experience with                Administration (FMCSA), Department                    designations.’’
                                                  the vision deficiency, and safety                                                                                Under a delegation from the
                                                                                                          of Transportation (DOT).
                                                  concerns, are all considered when                                                                             Secretary,1 FMCSA has authority to
                                                                                                          ACTION: Notice                                        implement 49 U.S.C. 5112.
                                                  determining if an exemption should be
                                                  granted. Studies pertaining to the                      SUMMARY:   This notice provides the most                 Currently, 49 CFR part 397, subpart C,
                                                  efficacy of these considerations are also               current revisions to the National                     (Routing of NRHM) and subpart D
                                                  referenced in section four.                             Hazardous Materials Route Registry                    (Routing of Class 7 RAM) address the
                                                                                                          (NHMRR) and procedures to facilitate                  routing requirements and procedures
                                                  VI. Conclusion                                                                                                that State and tribal government are
                                                                                                          the update of the NHMRR by State and
                                                     Based upon its evaluation of the 22                  Tribal government routing agencies. The               required to follow. Section 397.73
                                                  exemption applications, FMCSA                           NHMRR is a listing, as reported by                    establishes public information and
                                                  exempts the following drivers from the                  States and Tribal governments, of all                 reporting requirements for NRHM.
                                                  vision requirement in 49 CFR                                                                                  States or Tribal governments are
                                                                                                          designated and restricted road and
                                                  391.41(b)(10), subject to the                                                                                 required to furnish information
                                                                                                          preferred highway routes for
                                                  requirements cited above (49 CFR                                                                              regarding any new or changed routes to
                                                                                                          transportation of highway route
                                                  391.64(b)):                                                                                                   FMCSA within 60 days after
                                                                                                          controlled quantities (HRCQ) of Class 7
                                                  Lee R. Boykin (TX)                                                                                            establishment. Under 49 CFR 397.103, a
                                                                                                          radioactive materials (RAM) (HRCQ/
                                                  Donald Carrillo (NM)                                                                                          State routing designation for HRCQ/
                                                                                                          RAM) and non-radioactive hazardous
                                                  Carl F. Cryer (AL)                                                                                            RAM routes (preferred routes) as an
                                                                                                          materials (NRHMs).
                                                  Steven W. Day (MO)                                                                                            alternative, or in addition, to an
                                                                                                          DATES: Effective date: August 8, 2016.                Interstate System highway, is effective
                                                  Roger M. Dunaway (KY)
                                                                                                          FOR FURTHER INFORMATION CONTACT:                      when the authorized routing agency
                                                  Horace N. Goss (TX)
                                                                                                             Mr. Vincent Babich (202) 366–4871,                 provides FMCSA with written
                                                  Matt A. Guilmain (NH)
                                                  Hugo N. Gutierrez (IN)                                  or vincent.babich@dot.gov, Hazardous                  notification, FMCSA acknowledges
                                                  Edward R. Hunt (NC)                                     Materials Division, Office of                         receipt in writing, and the route is
                                                  William J. Kanaris (NY)                                 Enforcement and Compliance, Federal                   published in FMCSA’s Hazardous
                                                  Harvey Klein (NJ)                                       Motor Carrier Safety Administration,                  Material Route Registry. The Office of
                                                  Ronnie L. McHugh (KS)                                   1200 New Jersey Ave. SE., Washington,                 Management and Budget has approved
                                                  Walter J. Musty (MN)                                    DC 20590. Office hours are from 9 a.m.                these collections of information under
                                                  John O’Boyle (PA)                                       to 5 p.m., E.T., Monday through Friday,               control number 2126–0014,
                                                  Michael L. Robinson (MO)                                except for Federal holidays.                          Transportation of Hazardous Materials,
                                                  Donald P. Ruckinger (PA)                                SUPPLEMENTARY INFORMATION:                            Highway Routing. This notice serves
                                                  Mark A. Sanders (OK)                                                                                          only to provide the most current
                                                  Michael J. Scarano (NJ)                                 Background
                                                                                                                                                                updates to the NHMRR, and to
                                                  Edward P. Schrader II (WA)                                Paragraphs (a)(2) and (b) of section                communicate to States and Tribal
                                                  Charles H. Strople (MA)                                 5112 of title 49, United States Code                  government routing agencies procedures
                                                  Eddie Walker (NC)                                       (U.S.C.) permit States and Tribal                     to facilitate timely reporting and
                                                  Trent Wipf (SC)                                         governments to designate and limit                    efficient update of the NHMRR as
                                                     In accordance with 49 U.S.C. 31136(e)                highway routes over which HRCQ/RAM                    required by 49 U.S.C. 5112 and 49 CFR
                                                  and 31315, each exemption will be valid                 and NRHM may be transported,                          part 397; it does not establish any new
                                                  for 2 years unless revoked earlier by                   provided that the State or Tribal                     public information and reporting
                                                  FMCSA. The exemption will be revoked                    government complies with standards                    requirements.
                                                  if: (1) The person fails to comply with                 prescribed by the Secretary of
                                                  the terms and conditions of the                         Transportation (the Secretary) and                    Procedural Changes
                                                  exemption; (2) the exemption has                        meets publication requirements in                       Section 33013 of the Moving Ahead
                                                  resulted in a lower level of safety than                section 5112(c). To establish standards               for Progress in the 21st Century Act of
                                                  was maintained before it was granted; or                under paragraph (b), the Secretary must               2012 (MAP–21) [Pub. L. 112–141, July 6,
mstockstill on DSK3G9T082PROD with NOTICES




                                                  (3) continuation of the exemption would                 consult with the States, and, under                   2012, 126 Stat. 405, 839] amended 49
                                                  not be consistent with the goals and                    section 5112(c), coordinate with the                  U.S.C. 5112(c), which addresses the
                                                  objectives of 49 U.S.C. 31136 and 31315.                States to publish periodically a list of              form, manner, and timetable for State
                                                     If the exemption is still effective at the           currently effective HRCQ/RAM and                      and Tribal Governments to issue and
                                                  end of the 2-year period, the person may                NRHM highway routing designations                     update routing information for
                                                  apply to FMCSA for a renewal under                      and restrictions. The requirements that
                                                  procedures in effect at that time.                      States and Tribal governments must                      1 49   CFR 1.87(d)(2).



                                             VerDate Sep<11>2014   22:23 Aug 05, 2016   Jkt 238001   PO 00000   Frm 00122   Fmt 4703   Sfmt 4703   E:\FR\FM\08AUN1.SGM     08AUN1



Document Created: 2016-08-06 03:08:09
Document Modified: 2016-08-06 03:08:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of final disposition.
DatesThe exemptions were granted April 28, 2016. The exemptions expire on April 28, 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 52516 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR