81_FR_60286 81 FR 60117 - Qualification of Drivers; Exemption Applications; Vision

81 FR 60117 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 169 (August 31, 2016)

Page Range60117-60119
FR Document2016-20925

FMCSA announces its decision to exempt 30 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). They are unable to meet the vision requirement in one eye for various reasons. The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the prescribed vision requirement in one eye. The Agency has concluded that granting these exemptions will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions for these CMV drivers.

Federal Register, Volume 81 Issue 169 (Wednesday, August 31, 2016)
[Federal Register Volume 81, Number 169 (Wednesday, August 31, 2016)]
[Notices]
[Pages 60117-60119]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20925]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0344]


Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to exempt 30 individuals from the 
vision requirement in the Federal Motor Carrier Safety Regulations 
(FMCSRs). They are unable to meet the vision requirement in one eye for 
various reasons. The exemptions will enable these individuals to 
operate commercial motor vehicles (CMVs) in interstate commerce without 
meeting the prescribed vision requirement in one eye. The Agency has 
concluded that granting these exemptions will provide a level of safety 
that is equivalent to or greater than the level of safety maintained 
without the exemptions for these CMV drivers.

DATES: The exemptions were granted January 8, 2016. The exemptions 
expire on January 8, 2018.

FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical 
Programs Division, (202) 366-4001, [email protected], FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113, 
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t., 
Monday through Friday, except Federal holidays. If you have questions 
regarding viewing or submitting material to the docket, contact Docket 
Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Electronic Access

    You may see all the comments online through the Federal Document 
Management System (FDMS) at http://www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov and/or Room W12-140 on the 
ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

II. Background

    On December 8, 2015, FMCSA published a notice of receipt of 
exemption applications from certain individuals, and requested comments 
from the public (80 FR 76345). That notice listed 30 applicants' case 
histories. The 30 individuals applied for exemptions from the vision 
requirement in 49 CFR 391.41(b)(10), for drivers who operate CMVs in 
interstate commerce.
    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
for a 2-year period if it finds ``such exemption would likely achieve a 
level of safety that is equivalent to or greater than the level that 
would be achieved absent such exemption.'' The statute also allows the 
Agency to renew exemptions at the end of the 2-year period. 
Accordingly, FMCSA has evaluated the 30 applications on their merits 
and made a determination to grant exemptions to each of them.

III. Vision and Driving Experience of the Applicants

    The vision requirement in the FMCSRs provides:
    A person is physically qualified to drive a commercial motor 
vehicle if that person has distant visual acuity of at least 20/40 
(Snellen) in each eye without corrective lenses or visual acuity 
separately corrected to 20/40 (Snellen) or better with corrective 
lenses, distant binocular acuity of a least 20/40 (Snellen) in both 
eyes with or without corrective lenses, field of vision of at least 
70[deg] in the horizontal meridian in each eye, and the ability to 
recognize the colors of traffic signals and devices showing red, green, 
and amber (49 CFR 391.41(b)(10)).
    FMCSA recognizes that some drivers do not meet the vision 
requirement but have adapted their driving to accommodate their vision 
limitation and demonstrated their ability to drive safely. The 30 
exemption applicants listed in this notice are in this category. They 
are unable to meet the vision requirement in one eye for various 
reasons, including amblyopia, anisometropic amblyopia, chorioretinal 
scar, chronic rhegmatagenous, complete loss of vision, corneal scar, 
enucleation, glaucoma, hyperopic astigmatism, macular degeneration, 
macular hole, macular pucker, ocular damage, optic atrophy, optic nerve 
atrophy, optic neuritis, prosthetic eye, retinal detachment, retinal 
hole, retinal scar, and toxoplasmosis. In most cases, their eye 
conditions were not recently developed. Fourteen of the applicants were 
either born with their vision impairments or have had them since 
childhood.
    The 16 individuals that sustained their vision conditions as adults 
have had it for a range of 3 to 21 years.
    Although each applicant has one eye which does not meet the vision 
requirement in 49 CFR 391.41(b)(10), each has at least 20/40 corrected 
vision in the other eye, and in a doctor's opinion, has sufficient 
vision to perform all the tasks necessary to operate a CMV. Doctors' 
opinions are supported by the applicants' possession of valid 
commercial driver's licenses (CDLs) or non-CDLs to operate CMVs. Before 
issuing CDLs, States subject drivers to knowledge and skills tests 
designed to evaluate their qualifications to operate a CMV.
    All of these applicants satisfied the testing requirements for 
their State of residence. By meeting State licensing requirements, the 
applicants demonstrated their ability to operate a CMV, with their 
limited vision, to the satisfaction of the State.
    While possessing a valid CDL or non-CDL, these 30 drivers have been 
authorized to drive a CMV in intrastate commerce, even though their 
vision disqualified them from driving in interstate commerce. They have 
driven CMVs with their limited vision in careers ranging for 3 to 56 
years. In the

[[Page 60118]]

past three years, no drivers were involved in crashes, and 4 drivers 
were convicted of moving violations in a CMV.
    The qualifications, experience, and medical condition of each 
applicant were stated and discussed in detail in the December 8, 2015 
notice (80 FR 76345).

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 30 applicants, no drivers were involved in crashes, and 4 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 30 applicants listed in the notice of 
December 8, 2015 (80 FR 76345).
    We recognize that the vision of an applicant may change and affect 
his/her ability to operate a CMV as safely as in the past. As a 
condition of the exemption, therefore, FMCSA will impose requirements 
on the 30 individuals consistent with the grandfathering provisions 
applied to drivers who participated in the Agency's vision waiver 
program.
    Those requirements are found at 49 CFR 391.64(b) and include the 
following: (1) That each individual be physically examined every year 
(a) by an ophthalmologist or optometrist who attests that the vision in 
the better eye continues to meet the requirement in 49 CFR 
391.41(b)(10) and (b) by a medical examiner who attests that the 
individual is otherwise physically qualified under 49 CFR 391.41; (2) 
that each individual provide a copy of the ophthalmologist's or 
optometrist's report to the medical examiner at the time of the annual 
medical examination; and (3) that each individual provide a copy of the 
annual medical certification to the employer for retention in the 
driver's qualification file, or keep a copy in his/her driver's 
qualification file if he/she is self-employed. The driver must have a 
copy of the certification when driving, for presentation to a duly 
authorized Federal, State, or local enforcement official.

V. Discussion of Comments

    FMCSA received one comment in this proceeding. Johnny Campbell, 
having known Franklin Tso professionally for 25 years, is in favor of 
granting Mr. Tso and exemption from the vision standard.

IV. Conclusion

    Based upon its evaluation of the 30 exemption applications, FMCSA 
exempts the following drivers from the

[[Page 60119]]

vision requirement in 49 CFR 391.41(b)(10), subject to the requirements 
cited above (49 CFR 391.64(b)):

Thomas G. Ashbrook (NY)
Howard D. Barton (IN)
Bryan Borrowman (UT)
George R. Cornell (OH)
Bruce J. Dowd (CT)
Raul A. Gonzalez (CA)
Calvin N. Gregory, Jr. (MD)
Thomas E. Gross (PA)
Ethan A. Hale (KY)
Steven G. Hall (NC)
Jason F. Huddleston (TX)
David A. Luke (NE)
Raymond J. Mannarino (NY)
Samuel T. Mazza, Jr. (CT)
Ralph S. Miller (VA)
John M. Moore (PA)
Samuel M. Mosman (WA)
Josh D. Nichols (IL)
John P. Pitts (AZ)
Alexander L. Resh (PA)
August Roberts, Jr. (NC)
Phillip D. Satterfield (GA)
Fred Schmidt (IL)
Robert L. Simpson (NC)
Franklin Tso (NM)
Keith D. Turnbow (MO)
James L. Urbach (PA)
Eric C. Weidley (PA)
Jackie G. Wells (VA)
Charles T. Whitehead (NC)

    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: August 19, 2016.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-20925 Filed 8-30-16; 8:45 am]
 BILLING CODE 4910-EX-P



                                                                             Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Notices                                            60117

                                                     FMCSA will consider all comments                     Department of Transportation, 1200                    without corrective lenses or visual
                                                  and material received during the                        New Jersey Avenue SE., Room W64–                      acuity separately corrected to 20/40
                                                  comment period. FMCSA may issue a                       113, Washington, DC 20590–0001.                       (Snellen) or better with corrective
                                                  final determination at any time after the               Office hours are 8:30 a.m. to 5 p.m., e.t.,           lenses, distant binocular acuity of a least
                                                  close of the comment period.                            Monday through Friday, except Federal                 20/40 (Snellen) in both eyes with or
                                                                                                          holidays. If you have questions                       without corrective lenses, field of vision
                                                  Viewing Comments and Documents                                                                                of at least 70° in the horizontal meridian
                                                                                                          regarding viewing or submitting
                                                     To view comments, as well as                         material to the docket, contact Docket                in 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)).
                                                  the docket number FMCSA–2016–0206                       I. Electronic Access                                     FMCSA recognizes that some drivers
                                                  in the ‘‘Keyword’’ box and click                           You may see all the comments online                do not meet the vision requirement but
                                                  ‘‘Search.’’ Next, click ‘‘Open Docket                   through the Federal Document                          have adapted their driving to
                                                  Folder’’ button and choose the                          Management System (FDMS) at http://                   accommodate their vision limitation
                                                  document listed to review. If you do not                www.regulations.gov.                                  and demonstrated their ability to drive
                                                  have access to the Internet, you may                       Docket: For access to the docket to                safely. The 30 exemption applicants
                                                  view the docket online by visiting the                  read background documents or                          listed in this notice are in this category.
                                                  Docket Management Facility in Room                      comments, go to http://                               They are unable to meet the vision
                                                  W12–140 on the ground floor of the                      www.regulations.gov and/or Room                       requirement in one eye for various
                                                  DOT West Building, 1200 New Jersey                      W12–140 on the ground level of the                    reasons, including amblyopia,
                                                  Avenue SE., Washington, DC 20590,                       West Building, 1200 New Jersey Avenue                 anisometropic amblyopia, chorioretinal
                                                  between 9 a.m. and 5 p.m., e.t., Monday                 SE., Washington, DC, between 9 a.m.                   scar, chronic rhegmatagenous, complete
                                                  through Friday, except Federal holidays.                and 5 p.m., Monday through Friday,                    loss of vision, corneal scar, enucleation,
                                                                                                          except Federal holidays.                              glaucoma, hyperopic astigmatism,
                                                    Issued on: August 19, 2016.
                                                                                                             Privacy Act: In accordance with 5                  macular degeneration, macular hole,
                                                  Larry W. Minor,
                                                                                                          U.S.C. 553(c), DOT solicits comments                  macular pucker, ocular damage, optic
                                                  Associate Administrator for Policy.                     from the public to better inform its                  atrophy, optic nerve atrophy, optic
                                                  [FR Doc. 2016–20932 Filed 8–30–16; 8:45 am]             rulemaking process. DOT posts these                   neuritis, prosthetic eye, retinal
                                                  BILLING CODE 4910–EX–P                                  comments, without edit, including any                 detachment, retinal hole, retinal scar,
                                                                                                          personal information the commenter                    and toxoplasmosis. In most cases, their
                                                                                                          provides, to www.regulations.gov, as                  eye conditions were not recently
                                                  DEPARTMENT OF TRANSPORTATION                            described in the system of records                    developed. Fourteen of the applicants
                                                                                                          notice (DOT/ALL–14 FDMS), which can                   were either born with their vision
                                                  Federal Motor Carrier Safety                                                                                  impairments or have had them since
                                                  Administration                                          be reviewed at www.dot.gov/privacy.
                                                                                                                                                                childhood.
                                                  [Docket No. FMCSA–2015–0344]                            II. Background                                           The 16 individuals that sustained
                                                                                                             On December 8, 2015, FMCSA                         their vision conditions as adults have
                                                  Qualification of Drivers; Exemption                     published a notice of receipt of                      had it for a range of 3 to 21 years.
                                                  Applications; Vision                                    exemption applications from certain                      Although each applicant has one eye
                                                                                                          individuals, and requested comments                   which does not meet the vision
                                                  AGENCY: Federal Motor Carrier Safety                                                                          requirement in 49 CFR 391.41(b)(10),
                                                  Administration (FMCSA), DOT.                            from the public (80 FR 76345). That
                                                                                                          notice listed 30 applicants’ case                     each has at least 20/40 corrected vision
                                                  ACTION: Notice of final disposition.                                                                          in the other eye, and in a doctor’s
                                                                                                          histories. The 30 individuals applied for
                                                                                                          exemptions from the vision requirement                opinion, has sufficient vision to perform
                                                  SUMMARY:    FMCSA announces its
                                                                                                          in 49 CFR 391.41(b)(10), for drivers who              all the tasks necessary to operate a CMV.
                                                  decision to exempt 30 individuals from
                                                                                                          operate CMVs in interstate commerce.                  Doctors’ opinions are supported by the
                                                  the vision requirement in the Federal
                                                                                                             Under 49 U.S.C. 31136(e) and 31315,                applicants’ possession of valid
                                                  Motor Carrier Safety Regulations
                                                                                                          FMCSA may grant an exemption for a 2-                 commercial driver’s licenses (CDLs) or
                                                  (FMCSRs). They are unable to meet the
                                                                                                          year period if it finds ‘‘such exemption              non-CDLs to operate CMVs. Before
                                                  vision requirement in one eye for
                                                                                                          would likely achieve a level of safety                issuing CDLs, States subject drivers to
                                                  various reasons. The exemptions will
                                                                                                          that is equivalent to or greater than the             knowledge and skills tests designed to
                                                  enable these individuals to operate
                                                                                                          level that would be achieved absent                   evaluate their qualifications to operate a
                                                  commercial motor vehicles (CMVs) in
                                                                                                          such exemption.’’ The statute also                    CMV.
                                                  interstate commerce without meeting                                                                              All of these applicants satisfied the
                                                  the prescribed vision requirement in                    allows the Agency to renew exemptions
                                                                                                          at the end of the 2-year period.                      testing requirements for their State of
                                                  one eye. The Agency has concluded that                                                                        residence. By meeting State licensing
                                                  granting these exemptions will provide                  Accordingly, FMCSA has evaluated the
                                                                                                          30 applications on their merits and                   requirements, the applicants
                                                  a level of safety that is equivalent to or                                                                    demonstrated their ability to operate a
                                                  greater than the level of safety                        made a determination to grant
                                                                                                          exemptions to each of them.                           CMV, with their limited vision, to the
                                                  maintained without the exemptions for                                                                         satisfaction of the State.
                                                  these CMV drivers.                                      III. Vision and Driving Experience of                    While possessing a valid CDL or non-
mstockstill on DSK3G9T082PROD with NOTICES




                                                  DATES: The exemptions were granted                      the Applicants                                        CDL, these 30 drivers have been
                                                  January 8, 2016. The exemptions expire                     The vision requirement in the                      authorized to drive a CMV in intrastate
                                                  on January 8, 2018.                                     FMCSRs provides:                                      commerce, even though their vision
                                                  FOR FURTHER INFORMATION CONTACT:                           A person is physically qualified to                disqualified them from driving in
                                                  Christine A. Hydock, Chief, Medical                     drive a commercial motor vehicle if that              interstate commerce. They have driven
                                                  Programs Division, (202) 366–4001,                      person has distant visual acuity of at                CMVs with their limited vision in
                                                  fmcsamedical@dot.gov, FMCSA,                            least 20/40 (Snellen) in each eye                     careers ranging for 3 to 56 years. In the


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                                                  60118                      Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Notices

                                                  past three years, no drivers were                       deficiency and will continue to operate               driver response just as intensely as
                                                  involved in crashes, and 4 drivers were                 safely.                                               interstate driving conditions. The
                                                  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 December 8, 2015 notice (80 FR                      for the same individual exposed to                    each applicant is capable of operating in
                                                  76345).                                                 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 30 applicants
                                                  be restricted to intrastate driving. With               vehicle bureaus to predict the                        listed in the notice of December 8, 2015
                                                  the exemption, applicants can drive in                  probability of an individual                          (80 FR 76345).
                                                  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 30
                                                  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
                                                                                                          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: (1) That each individual be
                                                  vision deficiency.
                                                                                                          experiences of drivers in the first 2 years           physically examined every year (a) by
                                                     To qualify for an exemption from the                 with their experiences in the final year.             an ophthalmologist or optometrist who
                                                  vision requirement, FMCSA requires a                       Applying principles from these                     attests that the vision in the better eye
                                                  person to present verifiable evidence                   studies to the past 3-year record of the              continues to meet the requirement in 49
                                                  that he/she has driven a commercial                     30 applicants, no drivers were involved               CFR 391.41(b)(10) and (b) by a medical
                                                  vehicle safely with the vision deficiency               in crashes, and 4 drivers were convicted              examiner who attests that the individual
                                                  for the past 3 years. Recent driving                    of moving violations in a CMV. All the                is otherwise physically qualified under
                                                  performance is especially important in                  applicants achieved a record of safety                49 CFR 391.41; (2) that each individual
                                                  evaluating future safety, according to                  while driving with their vision                       provide a copy of the ophthalmologist’s
                                                  several research studies designed to                    impairment, demonstrating the                         or optometrist’s report to the medical
                                                  correlate past and future driving                       likelihood that they have adapted their               examiner at the time of the annual
                                                  performance. Results of these studies                   driving skills to accommodate their                   medical examination; and (3) that each
                                                  support the principle that the best                     condition. As the applicants’ ample                   individual provide a copy of the annual
                                                  predictor of future performance by a                    driving histories with their vision                   medical certification to the employer for
                                                  driver is his/her past record of crashes                deficiencies are good predictors of                   retention in the driver’s qualification
                                                  and traffic violations. Copies of the                   future performance, FMCSA concludes                   file, or keep a copy in his/her driver’s
                                                  studies may be found at Docket Number                   their ability to drive safely can be                  qualification file if he/she is self-
                                                  FMCSA–1998–3637.                                        projected into the future.                            employed. The driver must have a copy
                                                     FMCSA believes it can properly apply                    We believe that the applicants’                    of the certification when driving, for
                                                  the principle to monocular drivers,                     intrastate driving experience and history             presentation to a duly authorized
                                                  because data from the Federal Highway                   provide an adequate basis for predicting              Federal, State, or local enforcement
                                                  Administration’s (FHWA) former waiver                   their ability to drive safely in interstate           official.
                                                  study program clearly demonstrate the                   commerce. Intrastate driving, like
                                                  driving performance of experienced                      interstate operations, involves                       V. Discussion of Comments
                                                  monocular drivers in the program is                     substantial driving on highways on the                  FMCSA received one comment in this
                                                  better than that of all CMV drivers                     interstate system and on other roads                  proceeding. Johnny Campbell, having
                                                  collectively (See 61 FR 13338, 13345,                   built to interstate standards. Moreover,              known Franklin Tso professionally for
                                                  March 26, 1996). The fact that                          driving in congested urban areas
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                                                                                                                                                                25 years, is in favor of granting Mr. Tso
                                                  experienced monocular drivers                           exposes the driver to more pedestrian                 and exemption from the vision
                                                  demonstrated safe driving records in the                and vehicular traffic than exists on                  standard.
                                                  waiver program supports a conclusion                    interstate highways. Faster reaction to
                                                  that other monocular drivers, meeting                   traffic and traffic signals is generally              IV. Conclusion
                                                  the same qualifying conditions as those                 required because distances between                      Based upon its evaluation of the 30
                                                  required by the waiver program, are also                them are more compact. These                          exemption applications, FMCSA
                                                  likely to have adapted to their vision                  conditions tax visual capacity and                    exempts the following drivers from the


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                                                                             Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Notices                                                 60119

                                                  vision requirement in 49 CFR                            SUMMARY:    In compliance with the                    ADDRESSES:   Send comments regarding
                                                  391.41(b)(10), subject to the                           Paperwork Reduction Act of 1995 (44                   the burden estimate, including
                                                  requirements cited above (49 CFR                        U.S.C. 3501 et seq.), this notice                     suggestions for reducing the burden, to
                                                  391.64(b)):                                             announces that the Information                        the Office of Management and Budget,
                                                  Thomas G. Ashbrook (NY)                                 Collection Request (ICR) abstracted                   Attention: Desk Officer for the Office of
                                                  Howard D. Barton (IN)                                   below is being forwarded to the Office                the Secretary of Transportation, 725
                                                  Bryan Borrowman (UT)                                    of Management and Budget (OMB) for                    17th Street NW., Washington, DC
                                                  George R. Cornell (OH)                                  review and comments. A Federal                        20503.Comments are invited on:
                                                  Bruce J. Dowd (CT)                                      Register Notice with a 60-day comment                 Whether the proposed collection of
                                                  Raul A. Gonzalez (CA)                                   period soliciting comments on the                     information is necessary for the proper
                                                  Calvin N. Gregory, Jr. (MD)                             following information collection was                  performance of the functions of the
                                                  Thomas E. Gross (PA)                                    published on June 2, 2016 (Federal                    Department, including whether the
                                                  Ethan A. Hale (KY)                                      Register 35440, Vol. 81, No.106).                     information will have practical utility;
                                                  Steven G. Hall (NC)                                     DATES: Comments must be submitted on                  the accuracy of the Department’s
                                                  Jason F. Huddleston (TX)                                or before September 30, 2016.                         estimate of the burden of the proposed
                                                  David A. Luke (NE)                                                                                            information collection; ways to enhance
                                                                                                          FOR FURTHER INFORMATION CONTACT:
                                                  Raymond J. Mannarino (NY)                                                                                     the quality, utility and clarity of the
                                                                                                          Barbara Jackson, 202–366–0615,
                                                  Samuel T. Mazza, Jr. (CT)                                                                                     information to be collected; and ways to
                                                                                                          Maritime Administration, Department of
                                                  Ralph S. Miller (VA)                                                                                          minimize the burden of the collection of
                                                                                                          Transportation, 1200 New Jersey
                                                  John M. Moore (PA)                                                                                            information on respondents, including
                                                                                                          Avenue SE., W26–494, Washington, DC
                                                  Samuel M. Mosman (WA)                                                                                         the use of automated collection
                                                                                                          20590.
                                                  Josh D. Nichols (IL)                                                                                          techniques or other forms of information
                                                                                                          SUPPLEMENTARY INFORMATION:                            technology.
                                                  John P. Pitts (AZ)
                                                                                                             Title: Generic Clearance for the
                                                  Alexander L. Resh (PA)                                                                                          Authority: The Paperwork Reduction Act
                                                                                                          Collection of Qualitative Feedback on
                                                  August Roberts, Jr. (NC)                                                                                      of 1995; 44 U.S.C. Chapter 35, as amended;
                                                                                                          Maritime Administration Service                       and 49 CFR 1.93.
                                                  Phillip D. Satterfield (GA)
                                                                                                          Delivery.
                                                  Fred Schmidt (IL)                                                                                               By Order of the Maritime Administrator.
                                                                                                             OMB Control Number: 2133–0546.
                                                  Robert L. Simpson (NC)                                                                                          Dated: August 23, 2016.
                                                                                                             Type of Request: Renewal of a
                                                  Franklin Tso (NM)                                                                                             T. Mitchell Hudson, Jr.
                                                                                                          Previously Approved Information
                                                  Keith D. Turnbow (MO)
                                                                                                          Collection.                                           Secretary, Maritime Administration.
                                                  James L. Urbach (PA)
                                                                                                             Abstract: This collection of                       [FR Doc. 2016–20872 Filed 8–30–16; 8:45 am]
                                                  Eric C. Weidley (PA)
                                                                                                          information is necessary to enable the                BILLING CODE 4910–81–P
                                                  Jackie G. Wells (VA)
                                                                                                          Agency to garner customer and
                                                  Charles T. Whitehead (NC)
                                                                                                          stakeholder feedback in an efficient,
                                                     In accordance with 49 U.S.C. 31136(e)                timely manner, in accordance with our                 DEPARTMENT OF TRANSPORTATION
                                                  and 31315, each exemption will be valid                 commitment to improving service
                                                  for 2 years unless revoked earlier by                   delivery. The information collected                   Pipeline and Hazardous Materials
                                                  FMCSA. The exemption will be revoked                    from our customers and stakeholders                   Safety Administration
                                                  if: (1) The person fails to comply with                 will help ensure that users have an
                                                  the terms and conditions of the                                                                               Hazardous Materials: Notice of
                                                                                                          effective, efficient, and satisfying
                                                  exemption; (2) the exemption has                                                                              Applications for Special Permits
                                                                                                          experience with the Agency’s programs.
                                                  resulted in a lower level of safety than                This feedback will provide insights into              AGENCY:  Pipeline and Hazardous
                                                  was maintained before it was granted; or                customer or stakeholder perceptions,                  Materials Safety Administration
                                                  (3) continuation of the exemption would                 experiences and expectations, provide                 (PHMSA), DOT.
                                                  not be consistent with the goals and                    an early warning of issues with service,              ACTION: List of Applications for
                                                  objectives of 49 U.S.C. 31136 and 31315.                or focus attention on areas where                     Modification of Special Permit.
                                                     If the exemption is still effective at the           communication, training or changes in
                                                  end of the 2-year period, the person may                operations might improve delivery of                  SUMMARY:   In accordance with the
                                                  apply to FMCSA for a renewal under                      products or services. These collections               procedures governing the application
                                                  procedures in effect at that time.                      will allow for ongoing, collaborative and             for, and the processing of, special
                                                    Issued on: August 19, 2016.                           actionable communications between the                 permits from the Department of
                                                  Larry W. Minor,                                         Agency and its customers and                          Transportation’s Hazardous Material
                                                                                                          stakeholders. It will also allow feedback             Regulations (49 CFR part 107, subpart
                                                  Associate Administrator for Policy.
                                                                                                          to contribute directly to the                         B), notice is hereby given that the Office
                                                  [FR Doc. 2016–20925 Filed 8–30–16; 8:45 am]                                                                   of Hazardous Materials Safety has
                                                                                                          improvement of program management.
                                                  BILLING CODE 4910–EX–P
                                                                                                             Affected Public: Individuals and                   received the application described
                                                                                                          Households, Businesses and                            herein. Each mode of transportation for
                                                                                                          Organizations, State, Local or Tribal                 which a particular special permit is
                                                  DEPARTMENT OF TRANSPORTATION                                                                                  requested is indicated by a number in
                                                                                                          Government.
                                                  [Docket No. DOT–MARAD–2016–0087]                           Average Expected Annual Number of                  the ‘‘Nature of Application’’ portion of
                                                                                                                                                                the table below as follows: 1—Motor
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                                                                                                          Activities: 15.
                                                  Request for Comments of a Previously                       Estimated Number of Respondents:                   vehicle, 2—Rail freight, 3—Cargo vessel,
                                                  Approved Information Collection                         5900.                                                 4—Cargo aircraft only, 5—Passenger-
                                                                                                             Estimated Number of Responses:                     carrying aircraft.
                                                  AGENCY: Maritime Administration
                                                                                                          5900.                                                 DATES: Comments must be received on
                                                  (MARAD).
                                                                                                             Annual Estimated Total Annual                      or before September 30, 2016.
                                                  ACTION: Notice and request for
                                                                                                          Burden Hours: 1758.                                   ADDRESS COMMENTS TO: Record Center,
                                                  comments.
                                                                                                             Frequency of Response: Once.                       Pipeline and Hazardous Materials Safety


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Document Created: 2018-02-02 12:15:16
Document Modified: 2018-02-02 12:15:16
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of final disposition.
DatesThe exemptions were granted January 8, 2016. The exemptions expire on January 8, 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 60117 

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