81_FR_66919 81 FR 66731 - Qualification of Drivers; Exemption Applications; Vision

81 FR 66731 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

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

Page Range66731-66732
FR Document2016-23362

FMCSA announces its decision to exempt 11 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 66731-66732]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23362]



[[Page 66731]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0025]


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 11 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 21647). That notice listed case histories of 11 
applicants. The 11 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 11 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 11 
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, complete loss of vision, corneal opacity, 
decreased vision, macular atrophy, macular degeneration, macular scar, 
optic atrophy, and pigment epithelia detachment. In most cases, their 
eye conditions were not recently developed. Six of the applicants were 
either born with their vision impairments or have had them since 
childhood.
    The 5 individuals that sustained their vision conditions as adults 
have had them for a range of 4 to 34 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 11 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 40 
years. In the past three years, no drivers were involved in crashes and 
no drivers were convicted of moving violations in CMVs.
    The qualifications, experience, and medical condition of each 
applicant were stated and discussed in detail in the April 12, 2016 
notice (81 FR 21647).

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

[[Page 66732]]

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 11 applicants, no drivers were involved in crashes and no drivers 
were convicted of moving violations in CMVs. 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 11 applicants listed in the notice of April 
12, 2016 (81 FR 21647.
    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 11 individuals consistent with the grandfathering provisions 
applied to drivers who participated in the Agency's vision waiver 
program.
    Those requirements are found at 49 CFR 391.64(b) and include the 
following: (1) That each individual be physically examined every year 
(a) by an ophthalmologist or optometrist who attests that the vision in 
the better eye continues to meet the requirement in 49 CFR 
391.41(b)(10) and (b) by a medical examiner who attests that the 
individual is otherwise physically qualified under 49 CFR 391.41; (2) 
that each individual provide a copy of the ophthalmologist's or 
optometrist's report to the medical examiner at the time of the annual 
medical examination; and (3) that each individual provide a copy of the 
annual medical certification to the employer for retention in the 
driver's qualification file, or keep a copy in his/her driver's 
qualification file if he/she is self-employed. The driver must have a 
copy of the certification when driving, for presentation to a duly 
authorized Federal, State, or local enforcement official.

V. Discussion of Comments

    FMCSA received one comments in this proceeding. Susan Vaulet stated 
that she is in favor of granting the exemptions.

IV. Conclusion

    Based upon its evaluation of the 11 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)):

Jose R. Arroyo (CA)
Ronald H. Carey (PA)
Valentin S. Chernyy (NE)
Danny R. Floyd (OH)
Claudia E. Gerez-Bentacourt (TX)
Andy R. Junod (TX)
Roger W. Kerns III (IA)
Gary C. Maxwell (OH)
Scott A. Palmer (NY)
Richard G. Roberts (CA)
Michael R. Tipton (IL)

    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. 2016-23362 Filed 9-27-16; 8:45 am]
BILLING CODE 4910-EX-P



                                                                          Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Notices                                            66731

                                                  DEPARTMENT OF TRANSPORTATION                            provides, to www.regulations.gov, as                     The 5 individuals that sustained their
                                                                                                          described in the system of records                    vision conditions as adults have had
                                                  Federal Motor Carrier Safety                            notice (DOT/ALL–14 FDMS), which can                   them for a range of 4 to 34 years.
                                                  Administration                                          be reviewed at www.dot.gov/privacy.                      Although each applicant has one eye
                                                                                                                                                                which does not meet the vision
                                                  [Docket No. FMCSA–2016–0025]                            II. Background                                        requirement in 49 CFR 391.41(b)(10),
                                                  Qualification of Drivers; Exemption                        On April 12, 2016, FMCSA published                 each has at least 20/40 corrected vision
                                                  Applications; Vision                                    a notice of receipt of exemption                      in the other eye, and in a doctor’s
                                                                                                          applications from certain individuals,                opinion, has sufficient vision to perform
                                                  AGENCY: Federal Motor Carrier Safety                    and requested comments from the                       all the tasks necessary to operate a CMV.
                                                  Administration (FMCSA), DOT.                            public (81 FR 21647). That notice listed              Doctors’ opinions are supported by the
                                                  ACTION: Notice of final disposition.                    case histories of 11 applicants. The 11               applicants’ possession of valid
                                                                                                          individuals applied for exemptions from               commercial driver’s licenses (CDLs) or
                                                  SUMMARY:    FMCSA announces its                         the vision requirement in 49 CFR                      non-CDLs to operate CMVs. Before
                                                  decision to exempt 11 individuals from                  391.41(b)(10) for drivers who operate                 issuing CDLs, States subject drivers to
                                                  the vision requirement in the Federal                   CMVs in interstate commerce.                          knowledge and skills tests designed to
                                                  Motor Carrier Safety Regulations                           Under 49 U.S.C. 31136(e) and 31315,                evaluate their qualifications to operate a
                                                  (FMCSRs). They are unable to meet the                   FMCSA may grant an exemption for a 2-                 CMV.
                                                  vision requirement in one eye for                       year period if it finds ‘‘such exemption                 All of these applicants satisfied the
                                                  various reasons. The exemptions will                    would likely achieve a level of safety                testing requirements for their State of
                                                  enable these individuals to operate                     that is equivalent to or greater than the             residence. By meeting State licensing
                                                  commercial motor vehicles (CMVs) in                     level that would be achieved absent                   requirements, the applicants
                                                  interstate commerce without meeting                     such exemption.’’ The statute also                    demonstrated their ability to operate a
                                                  the prescribed vision requirement in                    allows the Agency to renew exemptions                 CMV, with their limited vision, to the
                                                  one eye. The Agency has concluded that                  at the end of the 2-year period.                      satisfaction of the State.
                                                  granting these exemptions will provide                  Accordingly, FMCSA has evaluated the                     While possessing a valid CDL or non-
                                                  a level of safety that is equivalent to or              11 applications on their merits and                   CDL, these 11 drivers have been
                                                  greater than the level of safety                        made a determination to grant                         authorized to drive a CMV in intrastate
                                                  maintained without the exemptions for                   exemptions to each of them.                           commerce, even though their vision
                                                  these CMV drivers.                                                                                            disqualified them from driving in
                                                  DATES: The exemptions were granted                      III. Vision and Driving Experience of                 interstate commerce. They have driven
                                                  May 13, 2016. The exemptions expire                     the Applicants                                        CMVs with their limited vision in
                                                  on May 13, 2018.                                           The vision requirement in the                      careers ranging for 2 to 40 years. In the
                                                                                                          FMCSRs provides:                                      past three years, no drivers were
                                                  FOR FURTHER INFORMATION CONTACT: Ms.
                                                                                                                                                                involved in crashes and no drivers were
                                                  Christine A. Hydock, Chief, Medical                        A person is physically qualified to
                                                                                                                                                                convicted of moving violations in
                                                  Programs Division, (202) 366–4001,                      drive a commercial motor vehicle if that
                                                                                                                                                                CMVs.
                                                  fmcsamedical@dot.gov, FMCSA,                            person has distant visual acuity of at                   The qualifications, experience, and
                                                  Department of Transportation, 1200                      least 20/40 (Snellen) in each eye                     medical condition of each applicant
                                                  New Jersey Avenue SE., Room W64–                        without corrective lenses or visual                   were stated and discussed in detail in
                                                  113, Washington, DC 20590–0001.                         acuity separately corrected to 20/40                  the April 12, 2016 notice (81 FR 21647).
                                                  Office hours are 8:30 a.m. to 5 p.m., e.t.,             (Snellen) or better with corrective
                                                  Monday through Friday, except Federal                   lenses, distant binocular acuity of a least           IV. Basis for Exemption Determination
                                                  holidays. If you have questions                         20/40 (Snellen) in both eyes with or                    Under 49 U.S.C. 31136(e) and 31315,
                                                  regarding viewing or submitting                         without corrective lenses, field of vision            FMCSA may grant an exemption from
                                                  material to the docket, contact Docket                  of at least 70° in the horizontal meridian            the vision requirement in 49 CFR
                                                  Services, telephone (202) 366–9826.                     in each eye, and the ability to recognize             391.41(b)(10) if the exemption is likely
                                                  SUPPLEMENTARY INFORMATION:                              the colors of traffic signals and devices             to achieve an equivalent or greater level
                                                                                                          showing red, green, and amber (49 CFR                 of safety than would be achieved
                                                  I. Electronic Access                                    391.41(b)(10)).                                       without the exemption. Without the
                                                     You may see all the comments online                     FMCSA recognizes that some drivers                 exemption, applicants will continue to
                                                  through the Federal Document                            do not meet the vision requirement but                be restricted to intrastate driving. With
                                                  Management System (FDMS) at http://                     have adapted their driving to                         the exemption, applicants can drive in
                                                  www.regulations.gov.                                    accommodate their limitation and                      interstate commerce. Thus, our analysis
                                                     Docket: For access to the docket to                  demonstrated their ability to drive                   focuses on whether an equal or greater
                                                  read background documents or                            safely. The 11 exemption applicants                   level of safety is likely to be achieved by
                                                  comments, go to http://                                 listed in this notice are in this category.           permitting each of these drivers to drive
                                                  www.regulations.gov and/or Room                         They are unable to meet the vision                    in interstate commerce as opposed to
                                                  W12–140 on the ground level of the                      requirement in one eye for various                    restricting him or her to driving in
                                                  West Building, 1200 New Jersey Avenue                   reasons, including amblyopia, complete                intrastate commerce.
                                                  SE., Washington, DC, between 9 a.m.                     loss of vision, corneal opacity,                        To evaluate the effect of these
                                                  and 5 p.m., Monday through Friday,                      decreased vision, macular atrophy,                    exemptions on safety, FMCSA
mstockstill on DSK3G9T082PROD with NOTICES




                                                  except Federal holidays.                                macular degeneration, macular scar,                   considered the medical reports about
                                                     Privacy Act: In accordance with 5                    optic atrophy, and pigment epithelia                  the applicants’ vision as well as their
                                                  U.S.C. 553(c), DOT solicits comments                    detachment. In most cases, their eye                  driving records and experience with the
                                                  from the public to better inform its                    conditions were not recently developed.               vision deficiency.
                                                  rulemaking process. DOT posts these                     Six of the applicants were either born                  To qualify for an exemption from the
                                                  comments, without edit, including any                   with their vision impairments or have                 vision requirement, FMCSA requires a
                                                  personal information the commenter                      had them since childhood.                             person to present verifiable evidence


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                                                  66732                   Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Notices

                                                  that he/she has driven a commercial                     11 applicants, no drivers were involved               CFR 391.41(b)(10) and (b) by a medical
                                                  vehicle safely with the vision deficiency               in crashes and no drivers were                        examiner who attests that the individual
                                                  for the past 3 years. Recent driving                    convicted of moving violations in                     is otherwise physically qualified under
                                                  performance is especially important in                  CMVs. All the applicants achieved a                   49 CFR 391.41; (2) that each individual
                                                  evaluating future safety, according to                  record of safety while driving with their             provide a copy of the ophthalmologist’s
                                                  several research studies designed to                    vision impairment, demonstrating the                  or optometrist’s report to the medical
                                                  correlate past and future driving                       likelihood that they have adapted their               examiner at the time of the annual
                                                  performance. Results of these studies                   driving skills to accommodate their                   medical examination; and (3) that each
                                                  support the principle that the best                     condition. As the applicants’ ample                   individual provide a copy of the annual
                                                  predictor of future performance by a                    driving histories with their vision                   medical certification to the employer for
                                                  driver is his/her past record of crashes                deficiencies are good predictors of                   retention in the driver’s qualification
                                                  and traffic violations. Copies of the                   future performance, FMCSA concludes                   file, or keep a copy in his/her driver’s
                                                  studies may be found at Docket Number                   their ability to drive safely can be                  qualification file if he/she is self-
                                                  FMCSA–1998–3637.                                        projected into the future.                            employed. The driver must have a copy
                                                     FMCSA believes it can properly apply                    We believe that the applicants’                    of the certification when driving, for
                                                  the principle to monocular drivers,                     intrastate driving experience and history             presentation to a duly authorized
                                                  because data from the Federal Highway                   provide an adequate basis for predicting              Federal, State, or local enforcement
                                                  Administration’s (FHWA) former waiver                   their ability to drive safely in interstate           official.
                                                  study program clearly demonstrate the                   commerce. Intrastate driving, like
                                                  driving performance of experienced                      interstate operations, involves                       V. Discussion of Comments
                                                  monocular drivers in the program is                     substantial driving on highways on the                  FMCSA received one comments in
                                                  better than that of all CMV drivers                     interstate system and on other roads                  this proceeding. Susan Vaulet stated
                                                  collectively (See 61 FR 13338, 13345,                   built to interstate standards. Moreover,              that she is in favor of granting the
                                                  March 26, 1996). The fact that                          driving in congested urban areas                      exemptions.
                                                  experienced monocular drivers                           exposes the driver to more pedestrian
                                                  demonstrated safe driving records in the                and vehicular traffic than exists on                  IV. Conclusion
                                                  waiver program supports a conclusion                    interstate highways. Faster reaction to                 Based upon its evaluation of the 11
                                                  that other monocular drivers, meeting                   traffic and traffic signals is generally
                                                                                                                                                                exemption applications, FMCSA
                                                  the same qualifying conditions as those                 required because distances between
                                                                                                                                                                exempts the following drivers from the
                                                  required by the waiver program, are also                them are more compact. These
                                                                                                                                                                vision requirement in 49 CFR
                                                  likely to have adapted to their vision                  conditions tax visual capacity and
                                                                                                                                                                391.41(b)(10), subject to the
                                                  deficiency and will continue to operate                 driver response just as intensely as
                                                                                                                                                                requirements cited above (49 CFR
                                                  safely.                                                 interstate driving conditions. The
                                                     The first major research correlating                                                                       391.64(b)):
                                                                                                          veteran drivers in this proceeding have
                                                  past and future performance was done                    operated CMVs safely under those                      Jose R. Arroyo (CA)
                                                  in England by Greenwood and Yule in                     conditions for at least 3 years, most for             Ronald H. Carey (PA)
                                                  1920. Subsequent studies, building on                   much longer. Their experience and                     Valentin S. Chernyy (NE)
                                                  that model, concluded that crash rates                  driving records lead us to believe that               Danny R. Floyd (OH)
                                                  for the same individual exposed to                      each applicant is capable of operating in
                                                  certain risks for two different time                    interstate commerce as safely as he/she               Claudia E. Gerez-Bentacourt (TX)
                                                  periods vary only slightly (See Bates                   has been performing in intrastate                     Andy R. Junod (TX)
                                                  and Neyman, University of California                    commerce. Consequently, FMCSA finds                   Roger W. Kerns III (IA)
                                                  Publications in Statistics, April 1952).                that exempting these applicants from                  Gary C. Maxwell (OH)
                                                  Other studies demonstrated theories of                  the vision requirement in 49 CFR                      Scott A. Palmer (NY)
                                                  predicting crash proneness from crash                   391.41(b)(10) is likely to achieve a level            Richard G. Roberts (CA)
                                                  history coupled with other factors.                     of safety equal to that existing without
                                                  These factors—such as age, sex,                                                                               Michael R. Tipton (IL)
                                                                                                          the exemption. For this reason, the
                                                  geographic location, mileage driven and                 Agency is granting the exemptions for                    In accordance with 49 U.S.C. 31136(e)
                                                  conviction history—are used every day                   the 2-year period allowed by 49 U.S.C.                and 31315, each exemption will be valid
                                                  by insurance companies and motor                        31136(e) and 31315 to the 11 applicants               for 2 years unless revoked earlier by
                                                  vehicle bureaus to predict the                          listed in the notice of April 12, 2016 (81            FMCSA. The exemption will be revoked
                                                  probability of an individual                            FR 21647.                                             if: (1) The person fails to comply with
                                                  experiencing future crashes (See Weber,                    We recognize that the vision of an                 the terms and conditions of the
                                                  Donald C., ‘‘Accident Rate Potential: An                applicant may change and affect his/her               exemption; (2) the exemption has
                                                  Application of Multiple Regression                      ability to operate a CMV as safely as in              resulted in a lower level of safety than
                                                  Analysis of a Poisson Process,’’ Journal                the past. As a condition of the                       was maintained before it was granted; or
                                                  of American Statistical Association,                    exemption, therefore, FMCSA will                      (3) continuation of the exemption would
                                                  June 1971). A 1964 California Driver                    impose requirements on the 11                         not be consistent with the goals and
                                                  Record Study prepared by the California                 individuals consistent with the                       objectives of 49 U.S.C. 31136 and 31315.
                                                  Department of Motor Vehicles                            grandfathering provisions applied to                     If the exemption is still effective at the
                                                  concluded that the best overall crash                   drivers who participated in the                       end of the 2-year period, the person may
                                                  predictor for both concurrent and                       Agency’s vision waiver program.
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                                                                                apply to FMCSA for a renewal under
                                                  nonconcurrent events is the number of                      Those requirements are found at 49                 procedures in effect at that time.
                                                  single convictions. This study used 3                   CFR 391.64(b) and include the
                                                                                                          following: (1) That each individual be                  Issued on: September 15, 2016.
                                                  consecutive years of data, comparing the
                                                  experiences of drivers in the first 2 years             physically examined every year (a) by                 Larry W. Minor,
                                                  with their experiences in the final year.               an ophthalmologist or optometrist who                 Associate Administrator for Policy.
                                                     Applying principles from these                       attests that the vision in the better eye             [FR Doc. 2016–23362 Filed 9–27–16; 8:45 am]
                                                  studies to the past 3-year record of the                continues to meet the requirement in 49               BILLING CODE 4910–EX–P




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Document Created: 2016-09-28 01:08:03
Document Modified: 2016-09-28 01:08:03
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 66731 

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