81_FR_66912 81 FR 66724 - Qualification of Drivers; Exemption Applications; Vision

81 FR 66724 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

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

Page Range66724-66726
FR Document2016-23355

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

Federal Register, Volume 81 Issue 188 (Wednesday, September 28, 2016)
[Federal Register Volume 81, Number 188 (Wednesday, September 28, 2016)]
[Notices]
[Pages 66724-66726]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23355]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0027]


Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of final disposition.

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

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

DATES: The exemptions were granted June 2, 2016. The exemptions expire 
on June 2, 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 May 2, 2016, FMCSA published a notice of receipt of exemption 
applications from certain individuals, and requested comments from the 
public (81 FR 26305). That notice listed 22 applicants' case histories. 
The 22

[[Page 66725]]

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 22 applications on their merits 
and made a determination to grant exemptions to each of them.

III. Vision and Driving Experience of the Applicants

    The vision requirement in the FMCSRs provides:
    A person is physically qualified to drive a commercial motor 
vehicle if that person has distant visual acuity of at least 20/40 
(Snellen) in each eye without corrective lenses or visual acuity 
separately corrected to 20/40 (Snellen) or better with corrective 
lenses, distant binocular acuity of a least 20/40 (Snellen) in both 
eyes with or without corrective lenses, field of vision of at least 
70[deg] in the horizontal meridian in each eye, and the ability to 
recognize the colors of traffic signals and devices showing red, green, 
and amber (49 CFR 391.41(b)(10)).
    FMCSA recognizes that some drivers do not meet the vision 
requirement but have adapted their driving to accommodate their 
limitation and demonstrated their ability to drive safely. The 22 
exemption applicants listed in this notice are in this category. They 
are unable to meet the vision requirement in one eye for various 
reasons, including amblyopia, cataract, chorioretinal scar, corneal 
ectasia, exotropia, macular scarring, maculopathy, prosthetic eye, 
refractive amblyopia, retinal detachment, retinal scar, and scarring. 
In most cases, their eye conditions were not recently developed. 
Thirteen of the applicants were either 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 3 to 47 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 22 drivers have been 
authorized to drive a CMV in intrastate commerce, even though their 
vision disqualified them from driving in interstate commerce. They have 
driven CMVs with their limited vision in careers ranging for 2 to 43 
years. In the past three years, 1 driver was involved in a crash and no 
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 May 2, 2016, 
notice (81 FR 26305).

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the vision requirement in 49 CFR 391.41(b)(10) if the exemption is 
likely to achieve an equivalent or greater level of safety than would 
be achieved without the exemption. Without the exemption, applicants 
will continue to be restricted to intrastate driving. With the 
exemption, applicants can drive in interstate commerce. Thus, our 
analysis focuses on whether an equal or greater level of safety is 
likely to be achieved by permitting each of these drivers to drive in 
interstate commerce as opposed to restricting him or her to driving in 
intrastate commerce.
    To evaluate the effect of these exemptions on safety, FMCSA 
considered the medical reports about the applicants' vision as well as 
their driving records and experience with the vision deficiency.
    To qualify for an exemption from the vision requirement, FMCSA 
requires a person to present verifiable evidence that he/she has driven 
a commercial vehicle safely with the vision deficiency for the past 3 
years. Recent driving performance is especially important in evaluating 
future safety, according to several research studies designed to 
correlate past and future driving performance. Results of these studies 
support the principle that the best predictor of future performance by 
a driver is his/her past record of crashes and traffic violations. 
Copies of the studies may be found at Docket Number FMCSA-1998-3637.
    FMCSA believes it can properly apply the principle to monocular 
drivers, because data from the Federal Highway Administration's (FHWA) 
former waiver study program clearly demonstrate the driving performance 
of experienced monocular drivers in the program is better than that of 
all CMV drivers collectively (See 61 FR 13338, 13345, March 26, 1996). 
The fact that experienced monocular drivers demonstrated safe driving 
records in the waiver program supports a conclusion that other 
monocular drivers, meeting the same qualifying conditions as those 
required by the waiver program, are also likely to have adapted to 
their vision deficiency and will continue to operate safely.
    The first major research correlating past and future performance 
was done in England by Greenwood and Yule in 1920. Subsequent studies, 
building on that model, concluded that crash rates for the same 
individual exposed to certain risks for two different time periods vary 
only slightly (See Bates and Neyman, University of California 
Publications in Statistics, April 1952). Other studies demonstrated 
theories of predicting crash proneness from crash history coupled with 
other factors. These factors--such as age, sex, geographic location, 
mileage driven and conviction history--are used every day by insurance 
companies and motor vehicle bureaus to predict the probability of an 
individual experiencing future crashes (See Weber, Donald C., 
``Accident Rate Potential: An Application of Multiple Regression 
Analysis of a Poisson Process,'' Journal of American Statistical 
Association, June 1971). A 1964 California Driver Record Study prepared 
by the California Department of Motor Vehicles concluded that the best 
overall crash predictor for both concurrent and nonconcurrent events is 
the number of single convictions. This study used 3 consecutive years 
of data, comparing the experiences of drivers in the first 2 years with 
their experiences in the final year.
    Applying principles from these studies to the past 3-year record of 
the 22 applicants, 1 driver was involved in a crash, and no 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

[[Page 66726]]

their ability to drive safely can be projected into the future.
    We believe that the applicants' intrastate driving experience and 
history provide an adequate basis for predicting their ability to drive 
safely in interstate commerce. Intrastate driving, like interstate 
operations, involves substantial driving on highways on the interstate 
system and on other roads built to interstate standards. Moreover, 
driving in congested urban areas exposes the driver to more pedestrian 
and vehicular traffic than exists on interstate highways. Faster 
reaction to traffic and traffic signals is generally required because 
distances between them are more compact. These conditions tax visual 
capacity and driver response just as intensely as interstate driving 
conditions. The veteran drivers in this proceeding have operated CMVs 
safely under those conditions for at least 3 years, most for much 
longer. Their experience and driving records lead us to believe that 
each applicant is capable of operating in interstate commerce as safely 
as he/she has been performing in intrastate commerce. Consequently, 
FMCSA finds that exempting these applicants from the vision requirement 
in 49 CFR 391.41(b)(10) is likely to achieve a level of safety equal to 
that existing without the exemption. For this reason, the Agency is 
granting the exemptions for the 2-year period allowed by 49 U.S.C. 
31136(e) and 31315 to the 22 applicants listed in the notice of April 
12, 2016 (81 FR 26305.
    We recognize that the vision of an applicant may change and affect 
his/her ability to operate a CMV as safely as in the past. As a 
condition of the exemption, therefore, FMCSA will impose requirements 
on the 22 individuals consistent with the grandfathering provisions 
applied to drivers who participated in the Agency's vision waiver 
program.
    Those requirements are found at 49 CFR 391.64(b) and include the 
following: (1) That each individual be physically examined every year 
(a) by an ophthalmologist or optometrist who attests that the vision in 
the better eye continues to meet the requirement in 49 CFR 
391.41(b)(10) and (b) by a medical examiner who attests that the 
individual is otherwise physically qualified under 49 CFR 391.41; (2) 
that each individual provide a copy of the ophthalmologist's or 
optometrist's report to the medical examiner at the time of the annual 
medical examination; and (3) that each individual provide a copy of the 
annual medical certification to the employer for retention in the 
driver's qualification file, or keep a copy in his/her driver's 
qualification file if he/she is self-employed. The driver must have a 
copy of the certification when driving, for presentation to a duly 
authorized Federal, State, or local enforcement official.

V. Discussion of Comments

    FMCSA received no comments in this proceeding.

IV. Conclusion

    Based upon its evaluation of the 22 exemption applications, FMCSA 
exempts the following drivers from the vision requirement in 49 CFR 
391.41(b)(10), subject to the requirements cited above (49 CFR 
391.64(b)):

Michael J. Baca (NM)
Felix Barajas Ramirez (IL)
Curtis W. Bottorf (PA)
Ronnie E. Boyd (MN)
Laurence R. Casey (MA)
Jon C. Dillon (MN)
Richard W. Ellis (IA)
Shorty Ellis (NC)
Gregory T. Garris (OK)
James R. Hammond (OH)
Russell P. Kosinko (PA)
Christopher B. Liston (TN)
Larry D. Miller (MO)
Mickael P. Miller (LA)
Benny D. Patterson (OH)
James A. Patterson (OH)
Jose R. Pitre Rodriguez (FL)
John Rueckert (SD)
Joseph W. Schmit (NE)
Douglas R. Strickland (NC)
Vladimir Szudor (FL)
Marvin S. Zimmerman (PA)

    In accordance with 49 U.S.C. 31136(e) and 31315, each exemption 
will be valid for 2 years unless revoked earlier by FMCSA. The 
exemption will be revoked if: (1) The person fails to comply with the 
terms and conditions of the exemption; (2) the exemption has resulted 
in a lower level of safety than was maintained before it was granted; 
or (3) continuation of the exemption would not be consistent with the 
goals and objectives of 49 U.S.C. 31136 and 31315.
    If the exemption is still effective at the end of the 2-year 
period, the person may apply to FMCSA for a renewal under procedures in 
effect at that time.

    Issued on: September 19, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-23355 Filed 9-27-16; 8:45 am]
 BILLING CODE 4910-EX-P



                                                  66724                   Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Notices

                                                  and vehicular traffic than exists on                    comment submitted was not related to                  ACTION:   Notice of final disposition.
                                                  interstate highways. Faster reaction to                 this notice.
                                                  traffic and traffic signals is generally                                                                      SUMMARY:    FMCSA announces its
                                                                                                          IV. Conclusion                                        decision to exempt 22 individuals from
                                                  required because distances between
                                                  them are more compact. These                               Based upon its evaluation of the 23                the vision requirement in the Federal
                                                  conditions tax visual capacity and                      exemption applications, FMCSA                         Motor Carrier Safety Regulations
                                                  driver response just as intensely as                    exempts the following drivers from the                (FMCSRs). They are unable to meet the
                                                  interstate driving conditions. The                      vision requirement in 49 CFR                          vision requirement in one eye for
                                                  veteran drivers in this proceeding have                 391.41(b)(10), subject to the                         various reasons. The exemptions will
                                                  operated CMVs safely under those                        requirements cited above (49 CFR                      enable these individuals to operate
                                                  conditions for at least 3 years, most for               391.64(b)):                                           commercial motor vehicles (CMVs) in
                                                                                                                                                                interstate commerce without meeting
                                                  much longer. Their experience and                       Patrick R. Beallis (IL)
                                                                                                                                                                the prescribed vision requirement in
                                                  driving records lead us to believe that                 Gary A. Brown (PA)
                                                                                                                                                                one eye. The Agency has concluded that
                                                  each applicant is capable of operating in               Dudley G. Diebold (CT)
                                                                                                                                                                granting these exemptions will provide
                                                  interstate commerce as safely as he/she                 David L. Evers (MN)
                                                                                                                                                                a level of safety that is equivalent to or
                                                  has been performing in intrastate                       John M. Harris (MS)
                                                                                                                                                                greater than the level of safety
                                                  commerce. Consequently, FMCSA finds                     Raymond E. Hogue (PA)
                                                                                                                                                                maintained without the exemptions for
                                                  that exempting these applicants from                    Michael E. Jones (IL)                                 these CMV drivers.
                                                  the vision requirement in 49 CFR                        Robert L. Jones (FL)
                                                                                                                                                                DATES: The exemptions were granted
                                                  391.41(b)(10) is likely to achieve a level              Richard A. Kolodziejczyk (CT)
                                                  of safety equal to that existing without                Dean A. Lardieri (NJ)                                 June 2, 2016. The exemptions expire on
                                                  the exemption. For this reason, the                                                                           June 2, 2018.
                                                                                                          Darius R. Law (FL)
                                                  Agency is granting the exemptions for                   Robert C. Martin (WA)                                 FOR FURTHER INFORMATION CONTACT: Ms.
                                                  the 2-year period allowed by 49 U.S.C.                  Mark W. Mc Taggart (IL)                               Christine A. Hydock, Chief, Medical
                                                  31136(e) and 31315 to the 23 applicants                 Hobie S. Morse (AR)                                   Programs Division, (202) 366–4001,
                                                  listed in the notice of June 28, 2016 (81               Noel Munoz (NM)                                       fmcsamedical@dot.gov, FMCSA,
                                                  FR 42054.                                               Frank C. Newberry (ID)                                Department of Transportation, 1200
                                                                                                          Peter J. O’Connell (PA)                               New Jersey Avenue SE., Room W64–
                                                     We recognize that the vision of an
                                                                                                          James M. Paul (AL)                                    113, Washington, DC 20590–0001.
                                                  applicant may change and affect his/her
                                                                                                          Ivan Romero (IL)                                      Office hours are 8:30 a.m. to 5 p.m., e.t.,
                                                  ability to operate a CMV as safely as in
                                                                                                          Richard M. Rosales (NM)                               Monday through Friday, except Federal
                                                  the past. As a condition of the
                                                                                                          Jeffrey L. Tanner (WY)                                holidays. If you have questions
                                                  exemption, therefore, FMCSA will
                                                                                                          Steve A. Taylor (NC)                                  regarding viewing or submitting
                                                  impose requirements on the 23
                                                                                                          Donald P. Winters (VA)                                material to the docket, contact Docket
                                                  individuals consistent with the
                                                                                                             In accordance with 49 U.S.C. 31136(e)              Services, telephone (202) 366–9826.
                                                  grandfathering provisions applied to
                                                  drivers who participated in the                         and 31315, each exemption will be valid               SUPPLEMENTARY INFORMATION:
                                                  Agency’s vision waiver program.                         for 2 years unless revoked earlier by                 I. Electronic Access
                                                     Those requirements are found at 49                   FMCSA. The exemption will be revoked
                                                                                                                                                                   You may see all the comments online
                                                  CFR 391.64(b) and include the                           if: (1) The person fails to comply with
                                                                                                                                                                through the Federal Document
                                                  following: (1) That each individual be                  the terms and conditions of the
                                                                                                                                                                Management System (FDMS) at http://
                                                  physically examined every year (a) by                   exemption; (2) the exemption has
                                                                                                                                                                www.regulations.gov.
                                                  an ophthalmologist or optometrist who                   resulted in a lower level of safety than
                                                                                                                                                                   Docket: For access to the docket to
                                                  attests that the vision in the better eye               was maintained before it was granted; or
                                                                                                                                                                read background documents or
                                                  continues to meet the requirement in 49                 (3) continuation of the exemption would
                                                                                                                                                                comments, go to http://
                                                  CFR 391.41(b)(10) and (b) by a medical                  not be consistent with the goals and
                                                                                                                                                                www.regulations.gov and/or Room
                                                  examiner who attests that the individual                objectives of 49 U.S.C. 31136 and 31315.
                                                                                                                                                                W12–140 on the ground level of the
                                                  is otherwise physically qualified under                    If the exemption is still effective at the
                                                                                                                                                                West Building, 1200 New Jersey Avenue
                                                  49 CFR 391.41; (2) that each individual                 end of the 2-year period, the person may
                                                                                                                                                                SE., Washington, DC, between 9 a.m.
                                                  provide a copy of the ophthalmologist’s                 apply to FMCSA for a renewal under
                                                                                                                                                                and 5 p.m., Monday through Friday,
                                                  or optometrist’s report to the medical                  procedures in effect at that time.
                                                                                                                                                                except Federal holidays.
                                                  examiner at the time of the annual                        Issued on: September 15, 2016.                         Privacy Act: In accordance with 5
                                                  medical examination; and (3) that each                  Larry W. Minor,                                       U.S.C. 553(c), DOT solicits comments
                                                  individual provide a copy of the annual                 Associate Administrator for Policy.                   from the public to better inform its
                                                  medical certification to the employer for               [FR Doc. 2016–23359 Filed 9–27–16; 8:45 am]           rulemaking process. DOT posts these
                                                  retention in the driver’s qualification                                                                       comments, without edit, including any
                                                                                                          BILLING CODE 4910–EX–P
                                                  file, or keep a copy in his/her driver’s                                                                      personal information the commenter
                                                  qualification file if he/she is self-                                                                         provides, to www.regulations.gov, as
                                                  employed. The driver must have a copy                   DEPARTMENT OF TRANSPORTATION                          described in the system of records
                                                  of the certification when driving, for                                                                        notice (DOT/ALL–14 FDMS), which can
                                                  presentation to a duly authorized                       Federal Motor Carrier Safety                          be reviewed at www.dot.gov/privacy.
                                                  Federal, State, or local enforcement
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                          Administration
                                                  official.                                                                                                     II. Background
                                                                                                          [Docket No. FMCSA–2016–0027]                             On May 2, 2016, FMCSA published a
                                                  V. Discussion of Comments
                                                                                                          Qualification of Drivers; Exemption                   notice of receipt of exemption
                                                    FMCSA received 2 comments in this                     Applications; Vision                                  applications from certain individuals,
                                                  proceeding. Deb Carlson states that the                                                                       and requested comments from the
                                                  state of Minnesota is in favor of granting              AGENCY:Federal Motor Carrier Safety                   public (81 FR 26305). That notice listed
                                                  David L. Evers the exemption. The other                 Administration (FMCSA), DOT.                          22 applicants’ case histories. The 22


                                             VerDate Sep<11>2014   18:04 Sep 27, 2016   Jkt 238001   PO 00000   Frm 00105   Fmt 4703   Sfmt 4703   E:\FR\FM\28SEN1.SGM   28SEN1


                                                                          Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Notices                                            66725

                                                  individuals applied for exemptions from                 commercial driver’s licenses (CDLs) or                studies may be found at Docket Number
                                                  the vision requirement in 49 CFR                        non-CDLs to operate CMVs. Before                      FMCSA–1998–3637.
                                                  391.41(b)(10), for drivers who operate                  issuing CDLs, States subject drivers to                  FMCSA believes it can properly apply
                                                  CMVs in interstate commerce.                            knowledge and skills tests designed to                the principle to monocular drivers,
                                                    Under 49 U.S.C. 31136(e) and 31315,                   evaluate their qualifications to operate a            because data from the Federal Highway
                                                  FMCSA may grant an exemption for a                      CMV.                                                  Administration’s (FHWA) former waiver
                                                  2-year period if it finds ‘‘such                           All of these applicants satisfied the              study program clearly demonstrate the
                                                  exemption would likely achieve a level                  testing requirements for their State of               driving performance of experienced
                                                  of safety that is equivalent to or greater              residence. By meeting State licensing                 monocular drivers in the program is
                                                  than the level that would be achieved                   requirements, the applicants                          better than that of all CMV drivers
                                                  absent such exemption.’’ The statute                    demonstrated their ability to operate a               collectively (See 61 FR 13338, 13345,
                                                  also allows the Agency to renew                         CMV, with their limited vision, to the                March 26, 1996). The fact that
                                                  exemptions at the end of the 2-year                     satisfaction of the State.                            experienced monocular drivers
                                                  period. Accordingly, FMCSA has                             While possessing a valid CDL or non-               demonstrated safe driving records in the
                                                  evaluated the 22 applications on their                  CDL, these 22 drivers have been                       waiver program supports a conclusion
                                                  merits and made a determination to                      authorized to drive a CMV in intrastate               that other monocular drivers, meeting
                                                  grant exemptions to each of them.                       commerce, even though their vision                    the same qualifying conditions as those
                                                                                                          disqualified them from driving in                     required by the waiver program, are also
                                                  III. Vision and Driving Experience of
                                                                                                          interstate commerce. They have driven                 likely to have adapted to their vision
                                                  the Applicants
                                                                                                          CMVs with their limited vision in                     deficiency and will continue to operate
                                                     The vision requirement in the                                                                              safely.
                                                                                                          careers ranging for 2 to 43 years. In the
                                                  FMCSRs provides:                                                                                                 The first major research correlating
                                                     A person is physically qualified to                  past three years, 1 driver was involved
                                                                                                                                                                past and future performance was done
                                                  drive a commercial motor vehicle if that                in a crash and no drivers were convicted
                                                                                                                                                                in England by Greenwood and Yule in
                                                  person has distant visual acuity of at                  of moving violations in a CMV.
                                                                                                                                                                1920. Subsequent studies, building on
                                                  least 20/40 (Snellen) in each eye                          The qualifications, experience, and
                                                                                                                                                                that model, concluded that crash rates
                                                  without corrective lenses or visual                     medical condition of each applicant                   for the same individual exposed to
                                                  acuity separately corrected to 20/40                    were stated and discussed in detail in                certain risks for two different time
                                                  (Snellen) or better with corrective                     the May 2, 2016, notice (81 FR 26305).                periods vary only slightly (See Bates
                                                  lenses, distant binocular acuity of a least             IV. Basis for Exemption Determination                 and Neyman, University of California
                                                  20/40 (Snellen) in both eyes with or                                                                          Publications in Statistics, April 1952).
                                                  without corrective lenses, field of vision                Under 49 U.S.C. 31136(e) and 31315,                 Other studies demonstrated theories of
                                                  of at least 70° in the horizontal meridian              FMCSA may grant an exemption from                     predicting crash proneness from crash
                                                  in each eye, and the ability to recognize               the vision requirement in 49 CFR                      history coupled with other factors.
                                                  the colors of traffic signals and devices               391.41(b)(10) if the exemption is likely              These factors—such as age, sex,
                                                  showing red, green, and amber (49 CFR                   to achieve an equivalent or greater level             geographic location, mileage driven and
                                                  391.41(b)(10)).                                         of safety than would be achieved                      conviction history—are used every day
                                                     FMCSA recognizes that some drivers                   without the exemption. Without the                    by insurance companies and motor
                                                  do not meet the vision requirement but                  exemption, applicants will continue to                vehicle bureaus to predict the
                                                  have adapted their driving to                           be restricted to intrastate driving. With             probability of an individual
                                                  accommodate their limitation and                        the exemption, applicants can drive in                experiencing future crashes (See Weber,
                                                  demonstrated their ability to drive                     interstate commerce. Thus, our analysis               Donald C., ‘‘Accident Rate Potential: An
                                                  safely. The 22 exemption applicants                     focuses on whether an equal or greater                Application of Multiple Regression
                                                  listed in this notice are in this category.             level of safety is likely to be achieved by           Analysis of a Poisson Process,’’ Journal
                                                  They are unable to meet the vision                      permitting each of these drivers to drive             of American Statistical Association,
                                                  requirement in one eye for various                      in interstate commerce as opposed to                  June 1971). A 1964 California Driver
                                                  reasons, including amblyopia, cataract,                 restricting him or her to driving in                  Record Study prepared by the California
                                                  chorioretinal scar, corneal ectasia,                    intrastate commerce.                                  Department of Motor Vehicles
                                                  exotropia, macular scarring,                              To evaluate the effect of these                     concluded that the best overall crash
                                                  maculopathy, prosthetic eye, refractive                 exemptions on safety, FMCSA                           predictor for both concurrent and
                                                  amblyopia, retinal detachment, retinal                  considered the medical reports about                  nonconcurrent events is the number of
                                                  scar, and scarring. In most cases, their                the applicants’ vision as well as their               single convictions. This study used 3
                                                  eye conditions were not recently                        driving records and experience with the               consecutive years of data, comparing the
                                                  developed. Thirteen of the applicants                   vision deficiency.                                    experiences of drivers in the first 2 years
                                                  were either born with their vision                        To qualify for an exemption from the                with their experiences in the final year.
                                                  impairments or have had them since                      vision requirement, FMCSA requires a                     Applying principles from these
                                                  childhood.                                              person to present verifiable evidence                 studies to the past 3-year record of the
                                                     The 8 individuals that sustained their               that he/she has driven a commercial                   22 applicants, 1 driver was involved in
                                                  vision conditions as adults have had                    vehicle safely with the vision deficiency             a crash, and no drivers were convicted
                                                  them for a range of 3 to 47 years.                      for the past 3 years. Recent driving                  of moving violations in a CMV. All the
                                                     Although each applicant has one eye                  performance is especially important in                applicants achieved a record of safety
                                                  which does not meet the vision                          evaluating future safety, according to                while driving with their vision
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                                                  requirement in 49 CFR 391.41(b)(10),                    several research studies designed to                  impairment, demonstrating the
                                                  each has at least 20/40 corrected vision                correlate past and future driving                     likelihood that they have adapted their
                                                  in the other eye, and in a doctor’s                     performance. Results of these studies                 driving skills to accommodate their
                                                  opinion, has sufficient vision to perform               support the principle that the best                   condition. As the applicants’ ample
                                                  all the tasks necessary to operate a CMV.               predictor of future performance by a                  driving histories with their vision
                                                  Doctors’ opinions are supported by the                  driver is his/her past record of crashes              deficiencies are good predictors of
                                                  applicants’ possession of valid                         and traffic violations. Copies of the                 future performance, FMCSA concludes


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                                                  66726                   Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Notices

                                                  their ability to drive safely can be                    qualification file if he/she is self-                 DEPARTMENT OF TRANSPORTATION
                                                  projected into the future.                              employed. The driver must have a copy
                                                     We believe that the applicants’                      of the certification when driving, for                Federal Motor Carrier Safety
                                                  intrastate driving experience and history               presentation to a duly authorized                     Administration
                                                  provide an adequate basis for predicting                Federal, State, or local enforcement                  [Docket No. FMCSA–2016–0030]
                                                  their ability to drive safely in interstate             official.
                                                  commerce. Intrastate driving, like                                                                            Qualification of Drivers; Exemption
                                                  interstate operations, involves                         V. Discussion of Comments
                                                                                                                                                                Applications; Vision
                                                  substantial driving on highways on the                    FMCSA received no comments in this
                                                  interstate system and on other roads                    proceeding.                                           AGENCY: Federal Motor Carrier Safety
                                                  built to interstate standards. Moreover,                                                                      Administration (FMCSA), DOT.
                                                  driving in congested urban areas                        IV. Conclusion                                        ACTION: Notice of final disposition.
                                                  exposes the driver to more pedestrian                     Based upon its evaluation of the 22
                                                  and vehicular traffic than exists on                                                                          SUMMARY:    FMCSA announces its
                                                                                                          exemption applications, FMCSA
                                                  interstate highways. Faster reaction to                                                                       decision to exempt 18 individuals from
                                                                                                          exempts the following drivers from the
                                                  traffic and traffic signals is generally                                                                      the vision requirement in the Federal
                                                                                                          vision requirement in 49 CFR
                                                  required because distances between                                                                            Motor Carrier Safety Regulations
                                                                                                          391.41(b)(10), subject to the
                                                  them are more compact. These                                                                                  (FMCSRs). They are unable to meet the
                                                                                                          requirements cited above (49 CFR
                                                  conditions tax visual capacity and                                                                            vision requirement in one eye for
                                                                                                          391.64(b)):
                                                  driver response just as intensely as                                                                          various reasons. The exemptions will
                                                  interstate driving conditions. The                      Michael J. Baca (NM)                                  enable these individuals to operate
                                                  veteran drivers in this proceeding have                 Felix Barajas Ramirez (IL)                            commercial motor vehicles (CMVs) in
                                                  operated CMVs safely under those                        Curtis W. Bottorf (PA)                                interstate commerce without meeting
                                                  conditions for at least 3 years, most for                                                                     the prescribed vision requirement in
                                                  much longer. Their experience and                       Ronnie E. Boyd (MN)                                   one eye. The Agency has concluded that
                                                  driving records lead us to believe that                 Laurence R. Casey (MA)                                granting these exemptions will provide
                                                  each applicant is capable of operating in               Jon C. Dillon (MN)                                    a level of safety that is equivalent to or
                                                  interstate commerce as safely as he/she                 Richard W. Ellis (IA)                                 greater than the level of safety
                                                  has been performing in intrastate                       Shorty Ellis (NC)                                     maintained without the exemptions for
                                                  commerce. Consequently, FMCSA finds                                                                           these CMV drivers.
                                                  that exempting these applicants from                    Gregory T. Garris (OK)
                                                                                                                                                                DATES: The exemptions were granted
                                                  the vision requirement in 49 CFR                        James R. Hammond (OH)                                 August 12, 2016. The exemptions expire
                                                  391.41(b)(10) is likely to achieve a level              Russell P. Kosinko (PA)                               on August 12, 2018.
                                                  of safety equal to that existing without                Christopher B. Liston (TN)                            FOR FURTHER INFORMATION CONTACT:
                                                  the exemption. For this reason, the
                                                                                                          Larry D. Miller (MO)                                  Christine A. Hydock, Chief, Medical
                                                  Agency is granting the exemptions for
                                                                                                          Mickael P. Miller (LA)                                Programs Division, (202) 366–4001,
                                                  the 2-year period allowed by 49 U.S.C.
                                                                                                          Benny D. Patterson (OH)                               fmcsamedical@dot.gov, FMCSA,
                                                  31136(e) and 31315 to the 22 applicants
                                                                                                                                                                Department of Transportation, 1200
                                                  listed in the notice of April 12, 2016 (81              James A. Patterson (OH)
                                                  FR 26305.                                                                                                     New Jersey Avenue SE., Room W64–
                                                                                                          Jose R. Pitre Rodriguez (FL)                          113, Washington, DC 20590–0001.
                                                     We recognize that the vision of an
                                                  applicant may change and affect his/her                 John Rueckert (SD)                                    Office hours are 8:30 a.m. to 5 p.m., e.t.,
                                                  ability to operate a CMV as safely as in                Joseph W. Schmit (NE)                                 Monday through Friday, except Federal
                                                  the past. As a condition of the                         Douglas R. Strickland (NC)                            holidays. If you have questions
                                                  exemption, therefore, FMCSA will                                                                              regarding viewing or submitting
                                                                                                          Vladimir Szudor (FL)                                  material to the docket, contact Docket
                                                  impose requirements on the 22
                                                                                                          Marvin S. Zimmerman (PA)                              Services, telephone (202) 366–9826.
                                                  individuals consistent with the
                                                  grandfathering provisions applied to                       In accordance with 49 U.S.C. 31136(e)              SUPPLEMENTARY INFORMATION:
                                                  drivers who participated in the                         and 31315, each exemption will be valid
                                                                                                                                                                I. Electronic Access
                                                  Agency’s vision waiver program.                         for 2 years unless revoked earlier by
                                                     Those requirements are found at 49                   FMCSA. The exemption will be revoked                     You may see all the comments online
                                                  CFR 391.64(b) and include the                           if: (1) The person fails to comply with               through the Federal Document
                                                  following: (1) That each individual be                  the terms and conditions of the                       Management System (FDMS) at http://
                                                  physically examined every year (a) by                   exemption; (2) the exemption has                      www.regulations.gov.
                                                  an ophthalmologist or optometrist who                   resulted in a lower level of safety than                 Docket: For access to the docket to
                                                  attests that the vision in the better eye               was maintained before it was granted; or              read background documents or
                                                  continues to meet the requirement in 49                 (3) continuation of the exemption would               comments, go to http://
                                                  CFR 391.41(b)(10) and (b) by a medical                  not be consistent with the goals and                  www.regulations.gov and/or Room
                                                  examiner who attests that the individual                objectives of 49 U.S.C. 31136 and 31315.              W12–140 on the ground level of the
                                                  is otherwise physically qualified under                    If the exemption is still effective at the         West Building, 1200 New Jersey Avenue
                                                  49 CFR 391.41; (2) that each individual                 end of the 2-year period, the person may              SE., Washington, DC, between 9 a.m.
                                                  provide a copy of the ophthalmologist’s                                                                       and 5 p.m., Monday through Friday,
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                                                                                                          apply to FMCSA for a renewal under
                                                  or optometrist’s report to the medical                  procedures in effect at that time.                    except Federal holidays.
                                                  examiner at the time of the annual                                                                               Privacy Act: In accordance with 5
                                                  medical examination; and (3) that each                    Issued on: September 19, 2016.                      U.S.C. 553(c), DOT solicits comments
                                                  individual provide a copy of the annual                 Larry W. Minor,                                       from the public to better inform its
                                                  medical certification to the employer for               Associate Administrator for Policy.                   rulemaking process. DOT posts these
                                                  retention in the driver’s qualification                 [FR Doc. 2016–23355 Filed 9–27–16; 8:45 am]           comments, without edit, including any
                                                  file, or keep a copy in his/her driver’s                BILLING CODE 4910–EX–P                                personal information the commenter


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Document Created: 2016-09-28 01:07:34
Document Modified: 2016-09-28 01:07:34
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 June 2, 2016. The exemptions expire on June 2, 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 66724 

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