81_FR_66906 81 FR 66718 - Qualification of Drivers; Exemption Applications; Vision

81 FR 66718 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 188 (September 28, 2016)

Page Range66718-66720
FR Document2016-23361

FMCSA announces its decision to exempt 25 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 188 (Wednesday, September 28, 2016)
[Federal Register Volume 81, Number 188 (Wednesday, September 28, 2016)]
[Notices]
[Pages 66718-66720]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23361]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0024]


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 25 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 May 13, 2016. The exemptions expire 
on May 13, 2018.

FOR FURTHER INFORMATION CONTACT: Ms. 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 April 12, 2016, FMCSA published a notice of receipt of exemption 
applications from certain individuals, and requested comments from the 
public (81 FR 21655). That notice listed 25 applicants' case histories. 
The 25 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 25 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 25 
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, branch retinal vein occlusion, choroidal 
macular scar, complete loss of vision, corneal scar, exotropia, 
incomplete macular formation, ischemic optic neuropathy, macular 
degeneration, macular scar, morning glory syndrome, optic atrophy, 
refractive amblyopia, strabismic amblyopia, and a torn iris. In most 
cases, their eye conditions were not recently developed. Seventeen of 
the applicants either were born with their vision impairments or have 
had them since childhood.
    The 8 individuals that sustained their vision conditions as adults 
have had them for a range of 4 to 31 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

[[Page 66719]]

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 25 drivers have been 
authorized to drive a CMV in intrastate commerce, even though their 
vision disqualified them from driving in interstate commerce. They have 
driven CMVs with their limited vision in careers ranging for 4 to 45 
years. In the past three years, no 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 April 12, 2016, 
notice (81 FR 21655).

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 25 applicants, no 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 25 applicants listed in the notice of April 
12, 2016, (81 FR 21655.
    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 25 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

[[Page 66720]]

Federal, State, or local enforcement official.

V. Discussion of Comments

    FMCSA received one comment in this proceeding. An anonymous 
commenter favored granting the exemptions.

VI. Conclusion

    Based upon its evaluation of the 25 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)):

Stanley W. Ahne (OK)
Marvin D. Bass (KY)
Daniel L. Castonguay (ME)
William A. Crandall, Jr. (NY)
James T. Curtis (NM)
Jacob M. Dellinger (NC)
Mark E. Dow (VT)
Richard R. Filion (VT)
Louis J. Floquet Jr. (CA)
Joshua V. Harrison (NJ)
Jason G. Joyner (KS)
Thomas M. Kaley, Jr. (PA)
William J. Krysinski (MN)
Bradley K. Linde (IA)
Pedro Martinez (NM)
Ty N. Mason (PA)
Ralph A. Milliman (IL)
Donald A. Orloski (PA)
Alan R. Piroso (NH)
Juan C. Ramirez (OH)
Erik J. Rowland (NY)
Colby T. Smith (UT)
Carl J. Warnecke (OH)
Edwin E. West (MO)
Donald E. Wojtaszek

    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: September 15, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-23361 Filed 9-27-16; 8:45 am]
BILLING CODE 4910-EX-P



                                                  66718                    Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Notices

                                                  located south of the terminal area                      enable these individuals to operate                   that is equivalent to or greater than the
                                                  development and 750 feet west of                        commercial motor vehicles (CMVs) in                   level that would be achieved absent
                                                  Airport Road. This property is a part of                interstate commerce without meeting                   such exemption.’’ The statute also
                                                  the 749.94 acre parcel conveyed from                    the prescribed vision requirement in                  allows the Agency to renew exemptions
                                                  the United States of America with                       one eye. The Agency has concluded that                at the end of the 2-year period.
                                                  obligations to Obion County in 1947.                    granting these exemptions will provide                Accordingly, FMCSA has evaluated the
                                                    A 5.84 acre parcel was conveyed to                    a level of safety that is equivalent to or            25 applications on their merits and
                                                  Obion County as right of way for Airport                greater than the level of safety                      made a determination to grant
                                                  Road construction improvements in                       maintained without the exemptions for                 exemptions to each of them.
                                                  October 2010. This property is                          these CMV drivers.
                                                  contiguous to the airport located                                                                             III. Vision and Driving Experience of
                                                                                                          DATES: The exemptions were granted                    the Applicants
                                                  approximately 400 feet south of                         May 13, 2016. The exemptions expire
                                                  Tennessee Highway 431 along Airport                     on May 13, 2018.                                         The vision requirement in the
                                                  Road. This property is part of a 109.67                 FOR FURTHER INFORMATION CONTACT: Ms.
                                                                                                                                                                FMCSRs provides:
                                                  acre parcel conveyed from the United                    Christine A. Hydock, Chief, Medical                      A person is physically qualified to
                                                  States of America with limited                          Programs Division, (202) 366–4001,                    drive a commercial motor vehicle if that
                                                  obligations to Obion County in 1947.                    fmcsamedical@dot.gov, FMCSA,                          person has distant visual acuity of at
                                                    A 0.94 acre parcel was conveyed to                                                                          least 20/40 (Snellen) in each eye
                                                                                                          Department of Transportation, 1200
                                                  Stanley Chapel Church for                                                                                     without corrective lenses or visual
                                                                                                          New Jersey Avenue SE., Room W64–
                                                  improvements in February 2014. This                                                                           acuity separately corrected to 20/40
                                                                                                          113, Washington, DC 20590–0001.
                                                  property is non-contiguous to the                                                                             (Snellen) or better with corrective
                                                                                                          Office hours are 8:30 a.m. to 5 p.m., e.t.,
                                                  airport on Stanley Chapel Church Road                                                                         lenses, distant binocular acuity of a least
                                                                                                          Monday through Friday, except Federal
                                                  located 800 feet west of Airport Road.                                                                        20/40 (Snellen) in both eyes with or
                                                                                                          holidays. If you have questions
                                                  This property is a part of a 109.67 acre                                                                      without corrective lenses, field of vision
                                                                                                          regarding viewing or submitting
                                                  parcel conveyed from the United States
                                                                                                          material to the docket, contact Docket                of at least 70 ° in the horizontal
                                                  of America with limited obligations to                                                                        meridian in each eye, and the ability to
                                                                                                          Services, telephone (202) 366–9826.
                                                  Obion County in 1947.                                                                                         recognize the colors of traffic signals
                                                    This request will release these three                 SUPPLEMENTARY INFORMATION:
                                                                                                                                                                and devices showing red, green, and
                                                  properties from federal obligations. This               I. Electronic Access                                  amber (49 CFR 391.41(b)(10)).
                                                  action is taken under the provisions of                                                                          FMCSA recognizes that some drivers
                                                  49 U.S.C. 47107(h)(2).                                     You may see all the comments online
                                                                                                          through the Federal Document                          do not meet the vision requirement but
                                                    Any person may inspect the request                                                                          have adapted their driving to
                                                  in person at the FAA office listed above                Management System (FDMS) at http://
                                                                                                          www.regulations.gov.                                  accommodate their limitation and
                                                  under FOR FURTHER INFORMATION                                                                                 demonstrated their ability to drive
                                                  CONTACT.                                                   Docket: For access to the docket to
                                                                                                          read background documents or                          safely. The 25 exemption applicants
                                                    In addition, any person may, upon
                                                                                                          comments, go to http://                               listed in this notice are in this category.
                                                  request, inspect the request, notice and
                                                                                                          www.regulations.gov and/or Room                       They are unable to meet the vision
                                                  other documents germane to the request
                                                                                                          W12–140 on the ground level of the                    requirement in one eye for various
                                                  in person at the Everett-Stewart
                                                                                                          West Building, 1200 New Jersey Avenue                 reasons, including amblyopia, branch
                                                  Regional Airport.
                                                                                                          SE., Washington, DC, between 9 a.m.                   retinal vein occlusion, choroidal
                                                    Issued in Memphis, Tennessee, on                                                                            macular scar, complete loss of vision,
                                                  September 19, 2016.
                                                                                                          and 5 p.m., Monday through Friday,
                                                                                                          except Federal holidays.                              corneal scar, exotropia, incomplete
                                                  Tommy L. Dupree,                                                                                              macular formation, ischemic optic
                                                                                                             Privacy Act: In accordance with 5
                                                  Assistant Manager, Memphis Airports District            U.S.C. 553(c), DOT solicits comments                  neuropathy, macular degeneration,
                                                  Office, Southern Region.                                                                                      macular scar, morning glory syndrome,
                                                                                                          from the public to better inform its
                                                  [FR Doc. 2016–23425 Filed 9–27–16; 8:45 am]
                                                                                                          rulemaking process. DOT posts these                   optic atrophy, refractive amblyopia,
                                                  BILLING CODE 4910–13–P                                  comments, without edit, including any                 strabismic amblyopia, and a torn iris. In
                                                                                                          personal information the commenter                    most cases, their eye conditions were
                                                                                                          provides, to www.regulations.gov, as                  not recently developed. Seventeen of
                                                  DEPARTMENT OF TRANSPORTATION                                                                                  the applicants either were born with
                                                                                                          described in the system of records
                                                                                                          notice (DOT/ALL–14 FDMS), which can                   their vision impairments or have had
                                                  Federal Motor Carrier Safety                                                                                  them since childhood.
                                                  Administration                                          be reviewed at www.dot.gov/privacy.
                                                                                                                                                                   The 8 individuals that sustained their
                                                  [Docket No. FMCSA–2016–0024]                            II. Background                                        vision conditions as adults have had
                                                                                                            On April 12, 2016, FMCSA published                  them for a range of 4 to 31 years.
                                                  Qualification of Drivers; Exemption                     a notice of receipt of exemption                         Although each applicant has one eye
                                                  Applications; Vision                                    applications from certain individuals,                which does not meet the vision
                                                  AGENCY: Federal Motor Carrier Safety                    and requested comments from the                       requirement in 49 CFR 391.41(b)(10),
                                                  Administration (FMCSA), DOT.                            public (81 FR 21655). That notice listed              each has at least 20/40 corrected vision
                                                  ACTION: Notice of final disposition.                    25 applicants’ case histories. The 25                 in the other eye, and in a doctor’s
                                                                                                          individuals applied for exemptions from               opinion, has sufficient vision to perform
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                                                  SUMMARY:   FMCSA announces its                          the vision requirement in 49 CFR                      all the tasks necessary to operate a CMV.
                                                  decision to exempt 25 individuals from                  391.41(b)(10), for drivers who operate                Doctors’ opinions are supported by the
                                                  the vision requirement in the Federal                   CMVs in interstate commerce.                          applicants’ possession of valid
                                                  Motor Carrier Safety Regulations                          Under 49 U.S.C. 31136(e) and 31315,                 commercial driver’s licenses (CDLs) or
                                                  (FMCSRs). They are unable to meet the                   FMCSA may grant an exemption for a 2-                 non-CDLs to operate CMVs. Before
                                                  vision requirement in one eye for                       year period if it finds ‘‘such exemption              issuing CDLs, States subject drivers to
                                                  various reasons. The exemptions will                    would likely achieve a level of safety                knowledge and skills tests designed to


                                             VerDate Sep<11>2014   18:04 Sep 27, 2016   Jkt 238001   PO 00000   Frm 00099   Fmt 4703   Sfmt 4703   E:\FR\FM\28SEN1.SGM   28SEN1


                                                                          Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Notices                                            66719

                                                  evaluate their qualifications to operate a              because data from the Federal Highway                 provide an adequate basis for predicting
                                                  CMV.                                                    Administration’s (FHWA) former waiver                 their ability to drive safely in interstate
                                                    All of these applicants satisfied the                 study program clearly demonstrate the                 commerce. Intrastate driving, like
                                                  testing requirements for their State of                 driving performance of experienced                    interstate operations, involves
                                                  residence. By meeting State licensing                   monocular drivers in the program is                   substantial driving on highways on the
                                                  requirements, the applicants                            better than that of all CMV drivers                   interstate system and on other roads
                                                  demonstrated their ability to operate a                 collectively (See 61 FR 13338, 13345,                 built to interstate standards. Moreover,
                                                  CMV, with their limited vision, to the                  March 26, 1996). The fact that                        driving in congested urban areas
                                                  satisfaction of the State.                              experienced monocular drivers                         exposes the driver to more pedestrian
                                                    While possessing a valid CDL or non-                  demonstrated safe driving records in the              and vehicular traffic than exists on
                                                  CDL, these 25 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 4 to 45 years. In the               safely.                                               interstate driving conditions. The
                                                  past three years, no drivers were                          The first major research correlating               veteran drivers in this proceeding have
                                                  involved in crashes and 1 driver was                    past and future performance was done                  operated CMVs safely under those
                                                  convicted of a moving violation in a                    in England by Greenwood and Yule in                   conditions for at least 3 years, most for
                                                  CMV.                                                    1920. Subsequent studies, building on                 much longer. Their experience and
                                                    The qualifications, experience, and                   that model, concluded that crash rates                driving records lead us to believe that
                                                  medical condition of each applicant                     for the same individual exposed to                    each applicant is capable of operating in
                                                  were stated and discussed in detail in                  certain risks for two different time                  interstate commerce as safely as he/she
                                                  the April 12, 2016, notice (81 FR 21655).               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
                                                                                                          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 25 applicants
                                                  exemption, applicants will continue to                  vehicle bureaus to predict the                        listed in the notice of April 12, 2016, (81
                                                  be restricted to intrastate driving. With               probability of an individual                          FR 21655.
                                                  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 25
                                                  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: (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                     25 applicants, no drivers were involved               CFR 391.41(b)(10) and (b) by a medical
                                                  vehicle safely with the vision deficiency               in crashes and 1 driver was convicted of              examiner who attests that the individual
                                                  for the past 3 years. Recent driving                    a moving violation 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
mstockstill on DSK3G9T082PROD with NOTICES




                                                  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


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                                                  66720                    Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Notices

                                                  Federal, State, or local enforcement                    DEPARTMENT OF TRANSPORTATION                          provides, to www.regulations.gov, as
                                                  official.                                                                                                     described in the system of records
                                                                                                          Federal Motor Carrier Safety                          notice (DOT/ALL–14 FDMS), which can
                                                  V. Discussion of Comments                               Administration                                        be reviewed at www.dot.gov/privacy.
                                                    FMCSA received one comment in this                    [Docket No. FMCSA–2016–0028]                          II. Background
                                                  proceeding. An anonymous commenter
                                                  favored granting the exemptions.                        Qualification of Drivers; Exemption                      On June 16, 2016, FMCSA published
                                                                                                          Applications; Vision                                  a notice of receipt of exemption
                                                  VI. Conclusion                                                                                                applications from certain individuals,
                                                    Based upon its evaluation of the 25                   AGENCY: Federal Motor Carrier Safety                  and requested comments from the
                                                                                                          Administration (FMCSA), DOT.                          public (81 FR 39320). That notice listed
                                                  exemption applications, FMCSA
                                                                                                          ACTION: Notice of final disposition.                  37 applicants’ case histories. The 37
                                                  exempts the following drivers from the
                                                                                                                                                                individuals applied for exemptions from
                                                  vision requirement in 49 CFR
                                                                                                          SUMMARY:    FMCSA announces its                       the vision requirement in 49 CFR
                                                  391.41(b)(10), subject to the
                                                                                                          decision to exempt 37 individuals from                391.41(b)(10), for drivers who operate
                                                  requirements cited above (49 CFR
                                                                                                          the vision requirement in the Federal                 CMVs in interstate commerce.
                                                  391.64(b)):                                                                                                      Under 49 U.S.C. 31136(e) and 31315,
                                                                                                          Motor Carrier Safety Regulations
                                                  Stanley W. Ahne (OK)                                    (FMCSRs). They are unable to meet the                 FMCSA may grant an exemption for a 2-
                                                  Marvin D. Bass (KY)                                     vision requirement in one eye for                     year period if it finds ‘‘such exemption
                                                  Daniel L. Castonguay (ME)                               various reasons. The exemptions will                  would likely achieve a level of safety
                                                                                                          enable these individuals to operate                   that is equivalent to or greater than the
                                                  William A. Crandall, Jr. (NY)                                                                                 level that would be achieved absent
                                                                                                          commercial motor vehicles (CMVs) in
                                                  James T. Curtis (NM)                                    interstate commerce without meeting                   such exemption.’’ The statute also
                                                  Jacob M. Dellinger (NC)                                 the prescribed vision requirement in                  allows the Agency to renew exemptions
                                                  Mark E. Dow (VT)                                        one eye. The Agency has concluded that                at the end of the 2-year period.
                                                  Richard R. Filion (VT)                                  granting these exemptions will provide                Accordingly, FMCSA has evaluated the
                                                                                                          a level of safety that is equivalent to or            37 applications on their merits and
                                                  Louis J. Floquet Jr. (CA)
                                                                                                          greater than the level of safety                      made a determination to grant
                                                  Joshua V. Harrison (NJ)                                                                                       exemptions to each of them.
                                                                                                          maintained without the exemptions for
                                                  Jason G. Joyner (KS)                                    these CMV drivers.                                    III. Vision and Driving Experience of
                                                  Thomas M. Kaley, Jr. (PA)                               DATES: The exemptions were granted                    the Applicants
                                                  William J. Krysinski (MN)                               July 18, 2016. The exemptions expire on
                                                                                                                                                                   The vision requirement in the
                                                  Bradley K. Linde (IA)                                   July 19, 2018.
                                                                                                                                                                FMCSRs provides:
                                                  Pedro Martinez (NM)                                     FOR FURTHER INFORMATION CONTACT: Ms.                     A person is physically qualified to
                                                  Ty N. Mason (PA)                                        Christine A. Hydock, Chief, Medical                   drive a commercial motor vehicle if that
                                                  Ralph A. Milliman (IL)                                  Programs Division, (202) 366–4001,                    person has distant visual acuity of at
                                                                                                          fmcsamedical@dot.gov, FMCSA,                          least 20/40 (Snellen) in each eye
                                                  Donald A. Orloski (PA)                                  Department of Transportation, 1200                    without corrective lenses or visual
                                                  Alan R. Piroso (NH)                                     New Jersey Avenue SE., Room W64–                      acuity separately corrected to 20/40
                                                  Juan C. Ramirez (OH)                                    113, Washington, DC 20590–0001.                       (Snellen) or better with corrective
                                                  Erik J. Rowland (NY)                                    Office hours are 8:30 a.m. to 5 p.m., e.t.,           lenses, distant binocular acuity of a least
                                                  Colby T. Smith (UT)                                     Monday through Friday, except Federal                 20/40 (Snellen) in both eyes with or
                                                                                                          holidays. If you have questions                       without corrective lenses, field of vision
                                                  Carl J. Warnecke (OH)
                                                                                                          regarding viewing or submitting                       of at least 70° in the horizontal meridian
                                                  Edwin E. West (MO)                                      material to the docket, contact Docket                in each eye, and the ability to recognize
                                                  Donald E. Wojtaszek                                     Services, telephone (202) 366–9826.                   the colors of traffic signals and devices
                                                     In accordance with 49 U.S.C. 31136(e)                SUPPLEMENTARY INFORMATION:                            showing red, green, and amber (49 CFR
                                                  and 31315, each exemption will be valid                                                                       391.41(b)(10)).
                                                                                                          I. Electronic Access                                     FMCSA recognizes that some drivers
                                                  for 2 years unless revoked earlier by
                                                  FMCSA. The exemption will be revoked                       You may see all the comments online                do not meet the vision requirement but
                                                  if: (1) The person fails to comply with                 through the Federal Document                          have adapted their driving to
                                                  the terms and conditions of the                         Management System (FDMS) at http://                   accommodate their limitation and
                                                  exemption; (2) the exemption has                        www.regulations.gov.                                  demonstrated their ability to drive
                                                  resulted in a lower level of safety than                   Docket: For access to the docket to                safely. The 37 exemption applicants
                                                  was maintained before it was granted; or                read background documents or                          listed in this notice are in this category.
                                                  (3) continuation of the exemption would                 comments, go to http://                               They are unable to meet the vision
                                                  not be consistent with the goals and                    www.regulations.gov and/or Room                       requirement in one eye for various
                                                  objectives of 49 U.S.C. 31136 and 31315.                W12–140 on the ground level of the                    reasons, including amblyopia, cataract,
                                                     If the exemption is still effective at the           West Building, 1200 New Jersey Avenue                 central serous chorioretinopathy,
                                                  end of the 2-year period, the person may                SE., Washington, DC, between 9 a.m.                   complete loss of vision, corneal scar,
                                                                                                          and 5 p.m., Monday through Friday,                    dense corneal scar, macular scar,
mstockstill on DSK3G9T082PROD with NOTICES




                                                  apply to FMCSA for a renewal under
                                                  procedures in effect at that time.                      except Federal holidays.                              macular telangiectasia, optic nerve
                                                                                                             Privacy Act: In accordance with 5                  damage, optic nerve hypoplasia,
                                                    Issued on: September 15, 2016.                        U.S.C. 553(c), DOT solicits comments                  phthisis bulbi, prosthetic eye, ptosis,
                                                  Larry W. Minor,                                         from the public to better inform its                  refractive amblyopia, retinal
                                                  Associate Administrator for Policy.                     rulemaking process. DOT posts these                   detachment, strabismic amblyopia, and
                                                  [FR Doc. 2016–23361 Filed 9–27–16; 8:45 am]             comments, without edit, including any                 vision loss. In most cases, their eye
                                                  BILLING CODE 4910–EX–P                                  personal information the commenter                    conditions were not recently developed.


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Document Created: 2016-09-28 01:08:50
Document Modified: 2016-09-28 01:08:50
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 May 13, 2016. The exemptions expire on May 13, 2018.
ContactMs. 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.
FR Citation81 FR 66718 

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