81_FR_68289 81 FR 68098 - Qualification of Drivers; Exemption Applications; Vision

81 FR 68098 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 191 (October 3, 2016)

Page Range68098-68100
FR Document2016-23789

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 191 (Monday, October 3, 2016)
[Federal Register Volume 81, Number 191 (Monday, October 3, 2016)]
[Notices]
[Pages 68098-68100]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23789]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0031]


Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of final disposition.

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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 September 8, 2016. The exemptions 
expire on September 8, 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 August 8, 2016, FMCSA published a notice of receipt of exemption 
applications from certain individuals, and requested comments from the 
public (81 FR 52514). That notice listed 11 applicants' case histories. 
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, Coat's retinopathy, corneal scar, 
exotropia, and refractive amblyopia. In most cases, their eye 
conditions were not recently developed. All of the applicants were 
either born with their vision impairments or have had them since 
childhood.
    Although each applicant has one eye which does not meet the vision 
requirement in 49 CFR 391.41(b)(10),

[[Page 68099]]

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 3 to 34 
years. In the past three years, two drivers were involved in crashes 
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 August 8, 2016, 
notice (81 FR 52514).

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 11 applicants, two drivers were involved in crashes 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 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 July 
12, 2016 (81 FR 52514).
    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

[[Page 68100]]

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 12 comments in this proceeding. Brenda Hood, Shaun 
Bivens, Dana Arredondo, Brad Wright, Felicia Daza, Thomas Hood, John 
Bourne, Sherrilyn Arredondo, Nicholas Washington, Ernesto Valdespino, 
Irene Galvan, and an anonymous commenter are all in favor of granting 
Duane Brojer an exemption from the vision standard.

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)):

Daniel S. Billig (MN)
Duane N. Brojer (NM)
Jeffrey D. Davis (NC)
Paul D. Evenhouse (IL)
Jonathan W. Gibbons (IL)
Shane J. Graff (MI)
Brian D. Hoover (IA)
Michael A. Kafer (KS)
Christopher Robinson (NY)
Joshua R. Stanley (OK)
Charles F. Tibbetts (SC)

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

    Issued on: September 22, 2016.
 Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2016-23789 Filed 9-30-16; 8:45 am]
 BILLING CODE 4910-EX-P



                                                68098                        Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Notices

                                                comment from all interested persons on                  DEPARTMENT OF TRANSPORTATION                          provides, to www.regulations.gov, as
                                                the exemption petitions described in                                                                          described in the system of records
                                                this notice. We will consider all                       Federal Motor Carrier Safety                          notice (DOT/ALL–14 FDMS), which can
                                                comments received before the close of                   Administration                                        be reviewed at www.dot.gov/privacy.
                                                business on the closing date indicated                  [Docket No. FMCSA–2016–0031]                          II. Background
                                                in the dates section of the notice.
                                                                                                        Qualification of Drivers; Exemption                      On August 8, 2016, FMCSA published
                                                IV. Submitting Comments                                 Applications; Vision                                  a notice of receipt of exemption
                                                                                                                                                              applications from certain individuals,
                                                   You may submit your comments and                     AGENCY: Federal Motor Carrier Safety                  and requested comments from the
                                                material online or by fax, mail, or hand                Administration (FMCSA), DOT.                          public (81 FR 52514). That notice listed
                                                delivery, but please use only one of                    ACTION: Notice of final disposition.                  11 applicants’ case histories. The 11
                                                these means. FMCSA recommends that                                                                            individuals applied for exemptions from
                                                you include your name and a mailing                     SUMMARY:    FMCSA announces its                       the vision requirement in 49 CFR
                                                address, an email address, or a phone                   decision to exempt 11 individuals from                391.41(b)(10), for drivers who operate
                                                number in the body of your document                     the vision requirement in the Federal                 CMVs in interstate commerce.
                                                so that FMCSA can contact you if there                  Motor Carrier Safety Regulations                         Under 49 U.S.C. 31136(e) and 31315,
                                                are questions regarding your                            (FMCSRs). They are unable to meet the                 FMCSA may grant an exemption for a
                                                submission.                                             vision requirement in one eye for                     2-year period if it finds ‘‘such
                                                                                                        various reasons. The exemptions will                  exemption would likely achieve a level
                                                   To submit your comment online, go to
                                                                                                        enable these individuals to operate                   of safety that is equivalent to or greater
                                                http://www.regulations.gov and in the                                                                         than the level that would be achieved
                                                                                                        commercial motor vehicles (CMVs) in
                                                search box insert the docket number                     interstate commerce without meeting                   absent such exemption.’’ The statute
                                                FMCSA–2016–0003 and click the search                    the prescribed vision requirement in                  also allows the Agency to renew
                                                button. When the new screen appears,                    one eye. The Agency has concluded that                exemptions at the end of the 2-year
                                                click on the blue ‘‘Comment Now!’’                      granting these exemptions will provide                period. Accordingly, FMCSA has
                                                button on the right hand side of the                    a level of safety that is equivalent to or            evaluated the 11 applications on their
                                                page. On the new page, enter                            greater than the level of safety                      merits and made a determination to
                                                information required including the                      maintained without the exemptions for                 grant exemptions to each of them.
                                                specific section of this document to                    these CMV drivers.                                    III. Vision and Driving Experience of
                                                which each comment applies, and                         DATES: The exemptions were granted                    the Applicants
                                                provide a reason for each suggestion or                 September 8, 2016. The exemptions
                                                recommendation. If you submit your                                                                               The vision requirement in the
                                                                                                        expire on September 8, 2018.
                                                comments by mail or hand delivery,                                                                            FMCSRs provides:
                                                                                                        FOR FURTHER INFORMATION CONTACT: Ms.                     A person is physically qualified to
                                                submit them in an unbound format, no                    Christine A. Hydock, Chief, Medical
                                                larger than 81⁄2 by 11 inches, suitable for                                                                   drive a commercial motor vehicle if that
                                                                                                        Programs Division, (202) 366–4001,                    person has distant visual acuity of at
                                                copying and electronic filing. If you                   fmcsamedical@dot.gov, FMCSA,                          least 20/40 (Snellen) in each eye
                                                submit comments by mail and would                       Department of Transportation, 1200                    without corrective lenses or visual
                                                like to know that they reached the                      New Jersey Avenue SE., Room W64–                      acuity separately corrected to 20/40
                                                facility, please enclose a stamped, self-               113, Washington, DC 20590–0001.                       (Snellen) or better with corrective
                                                addressed postcard or envelope.                         Office hours are 8:30 a.m. to 5 p.m., e.t.,           lenses, distant binocular acuity of a least
                                                   We will consider all comments and                    Monday through Friday, except Federal                 20/40 (Snellen) in both eyes with or
                                                material received during the comment                    holidays. If you have questions                       without corrective lenses, field of vision
                                                period. FMCSA may issue a final                         regarding viewing or submitting                       of at least 70° in the horizontal meridian
                                                determination any time after the close of               material to the docket, contact Docket                in each eye, and the ability to recognize
                                                the comment period.                                     Services, telephone (202) 366–9826.                   the colors of traffic signals and devices
                                                                                                        SUPPLEMENTARY INFORMATION:                            showing red, green, and amber (49 CFR
                                                V. Viewing Comments and Documents                                                                             391.41(b)(10)).
                                                                                                        I. Electronic Access
                                                                                                                                                                 FMCSA recognizes that some drivers
                                                  To view comments, as well as any                         You may see all the comments online                do not meet the vision requirement but
                                                documents mentioned in this preamble,                   through the Federal Document                          have adapted their driving to
                                                go to http://www.regulations.gov and in                 Management System (FDMS) at http://                   accommodate their limitation and
                                                the search box insert the docket number                 www.regulations.gov.                                  demonstrated their ability to drive
                                                FMCSA–2016–0003 and click ‘‘Search.’’                      Docket: For access to the docket to                safely. The 11 exemption applicants
                                                Next, click ‘‘Open Docket Folder’’ and                  read background documents or                          listed in this notice are in this category.
                                                you will find all documents and                         comments, go to http://                               They are unable to meet the vision
                                                comments related to this notice.                        www.regulations.gov and/or Room                       requirement in one eye for various
                                                  Issued on: September 21, 2016.                        W12–140 on the ground level of the                    reasons, including amblyopia, Coat’s
                                                Larry W. Minor,
                                                                                                        West Building, 1200 New Jersey Avenue                 retinopathy, corneal scar, exotropia, and
                                                                                                        SE., Washington, DC, between 9 a.m.                   refractive amblyopia. In most cases,
                                                Associate Administrator for Policy.
                                                                                                        and 5 p.m., Monday through Friday,
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                                                                              their eye conditions were not recently
                                                [FR Doc. 2016–23790 Filed 9–30–16; 8:45 am]             except Federal holidays.                              developed. All of the applicants were
                                                BILLING CODE 4910–EX–P                                     Privacy Act: In accordance with 5                  either born with their vision
                                                                                                        U.S.C. 553(c), DOT solicits comments                  impairments or have had them since
                                                                                                        from the public to better inform its                  childhood.
                                                                                                        rulemaking process. DOT posts these                      Although each applicant has one eye
                                                                                                        comments, without edit, including any                 which does not meet the vision
                                                                                                        personal information the commenter                    requirement in 49 CFR 391.41(b)(10),


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                                                                             Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Notices                                             68099

                                                each has at least 20/40 corrected vision                several research studies designed to                  vision impairment, demonstrating the
                                                in the other eye, and in a doctor’s                     correlate past and future driving                     likelihood that they have adapted their
                                                opinion, has sufficient vision to perform               performance. Results of these studies                 driving skills to accommodate their
                                                all the tasks necessary to operate a CMV.               support the principle that the best                   condition. As the applicants’ ample
                                                Doctors’ opinions are supported by the                  predictor of future performance by a                  driving histories with their vision
                                                applicants’ possession of valid                         driver is his/her past record of crashes              deficiencies are good predictors of
                                                commercial driver’s licenses (CDLs) or                  and traffic violations. Copies of the                 future performance, FMCSA concludes
                                                non-CDLs to operate CMVs. Before                        studies may be found at Docket Number                 their ability to drive safely can be
                                                issuing CDLs, States subject drivers to                 FMCSA–1998–3637.                                      projected into the future.
                                                knowledge and skills tests designed to                     FMCSA believes it can properly apply                  We believe that the applicants’
                                                evaluate their qualifications to operate a              the principle to monocular drivers,                   intrastate driving experience and history
                                                CMV.                                                    because data from the Federal Highway                 provide an adequate basis for predicting
                                                   All of these applicants satisfied the                Administration’s (FHWA) former waiver                 their ability to drive safely in interstate
                                                testing requirements for their State of                 study program clearly demonstrate the                 commerce. Intrastate driving, like
                                                residence. By meeting State licensing                   driving performance of experienced                    interstate operations, involves
                                                requirements, the applicants                            monocular drivers in the program is                   substantial driving on highways on the
                                                demonstrated their ability to operate a                 better than that of all CMV drivers                   interstate system and on other roads
                                                CMV, with their limited vision, to the                  collectively (See 61 FR 13338, 13345,                 built to interstate standards. Moreover,
                                                satisfaction of the State.                              March 26, 1996). The fact that                        driving in congested urban areas
                                                   While possessing a valid CDL or non-                 experienced monocular drivers                         exposes the driver to more pedestrian
                                                CDL, these 11 drivers have been                         demonstrated safe driving records in the              and vehicular traffic than exists on
                                                authorized to drive a CMV in intrastate                 waiver program supports a conclusion                  interstate highways. Faster reaction to
                                                commerce, even though their vision                      that other monocular drivers, meeting                 traffic and traffic signals is generally
                                                disqualified them from driving in                       the same qualifying conditions as those               required because distances between
                                                interstate commerce. They have driven                   required by the waiver program, are also              them are more compact. These
                                                CMVs with their limited vision in                       likely to have adapted to their vision                conditions tax visual capacity and
                                                careers ranging for 3 to 34 years. In the               deficiency and will continue to operate               driver response just as intensely as
                                                past three years, two drivers were                      safely.                                               interstate driving conditions. The
                                                involved in crashes and no drivers were                    The first major research correlating               veteran drivers in this proceeding have
                                                convicted of moving violations in a                     past and future performance was done                  operated CMVs safely under those
                                                CMV.                                                    in England by Greenwood and Yule in                   conditions for at least 3 years, most for
                                                   The qualifications, experience, and                  1920. Subsequent studies, building on                 much longer. Their experience and
                                                medical condition of each applicant                     that model, concluded that crash rates                driving records lead us to believe that
                                                were stated and discussed in detail in                  for the same individual exposed to                    each applicant is capable of operating in
                                                the August 8, 2016, notice (81 FR                       certain risks for two different time                  interstate commerce as safely as he/she
                                                52514).                                                 periods vary only slightly (See Bates                 has been performing in intrastate
                                                                                                        and Neyman, University of California                  commerce. Consequently, FMCSA finds
                                                IV. Basis for Exemption Determination                   Publications in Statistics, April 1952).              that exempting these applicants from
                                                  Under 49 U.S.C. 31136(e) and 31315,                   Other studies demonstrated theories of                the vision requirement in 49 CFR
                                                FMCSA may grant an exemption from                       predicting crash proneness from crash                 391.41(b)(10) is likely to achieve a level
                                                the vision requirement in 49 CFR                        history coupled with other factors.                   of safety equal to that existing without
                                                391.41(b)(10) if the exemption is likely                These factors—such as age, sex,                       the exemption. For this reason, the
                                                to achieve an equivalent or greater level               geographic location, mileage driven and               Agency is granting the exemptions for
                                                of safety than would be achieved                        conviction history—are used every day                 the 2-year period allowed by 49 U.S.C.
                                                without the exemption. Without the                      by insurance companies and motor                      31136(e) and 31315 to the 11 applicants
                                                exemption, applicants will continue to                  vehicle bureaus to predict the                        listed in the notice of July 12, 2016 (81
                                                be restricted to intrastate driving. With               probability of an individual                          FR 52514).
                                                the exemption, applicants can drive in                  experiencing future crashes (See Weber,                  We recognize that the vision of an
                                                interstate commerce. Thus, our analysis                 Donald C., ‘‘Accident Rate Potential: An              applicant may change and affect his/her
                                                focuses on whether an equal or greater                  Application of Multiple Regression                    ability to operate a CMV as safely as in
                                                level of safety is likely to be achieved by             Analysis of a Poisson Process,’’ Journal              the past. As a condition of the
                                                permitting each of these drivers to drive               of American Statistical Association,                  exemption, therefore, FMCSA will
                                                in interstate commerce as opposed to                    June 1971). A 1964 California Driver                  impose requirements on the 11
                                                restricting him or her to driving in                    Record Study prepared by the California               individuals consistent with the
                                                intrastate commerce.                                    Department of Motor Vehicles                          grandfathering provisions applied to
                                                  To evaluate the effect of these                       concluded that the best overall crash                 drivers who participated in the
                                                exemptions on safety, FMCSA                             predictor for both concurrent and                     Agency’s vision waiver program.
                                                considered the medical reports about                    nonconcurrent events is the number of                    Those requirements are found at 49
                                                the applicants’ vision as well as their                 single convictions. This study used 3                 CFR 391.64(b) and include the
                                                driving records and experience with the                 consecutive years of data, comparing the              following: (1) That each individual be
                                                vision deficiency.                                      experiences of drivers in the first 2 years           physically examined every year (a) by
                                                  To qualify for an exemption from the                                                                        an ophthalmologist or optometrist who
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        with their experiences in the final year.
                                                vision requirement, FMCSA requires a                       Applying principles from these                     attests that the vision in the better eye
                                                person to present verifiable evidence                   studies to the past 3-year record of the              continues to meet the requirement in 49
                                                that he/she has driven a commercial                     11 applicants, two drivers were                       CFR 391.41(b)(10) and (b) by a medical
                                                vehicle safely with the vision deficiency               involved in crashes and no drivers were               examiner who attests that the individual
                                                for the past 3 years. Recent driving                    convicted of moving violations in a                   is otherwise physically qualified under
                                                performance is especially important in                  CMV. 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


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                                                68100                        Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Notices

                                                or optometrist’s report to the medical                  DEPARTMENT OF TRANSPORTATION                            • Fax: 202–493–2251.
                                                examiner at the time of the annual                                                                              • Mail: Docket Operations Facility,
                                                medical examination; and (3) that each                  Federal Railroad Administration                       U.S. Department of Transportation, 1200
                                                individual provide a copy of the annual                 [Docket Number FRA–2016–0094]
                                                                                                                                                              New Jersey Avenue SE., W12–140,
                                                medical certification to the employer for                                                                     Washington, DC 20590.
                                                retention in the driver’s qualification                 Notice of Application for Approval of                   • Hand Delivery: 1200 New Jersey
                                                file, or keep a copy in his/her driver’s                Discontinuance or Modification of a                   Avenue SE., W12–140, Washington, DC
                                                qualification file if he/she is self-                   Railroad Signal System                                20590, between 9 a.m. and 5 p.m.,
                                                employed. The driver must have a copy                                                                         Monday through Friday, except Federal
                                                of the certification when driving, for                    In accordance with part 235 of Title                Holidays.
                                                presentation to a duly authorized                       49 of the Code of Federal Regulations                   Communications received by
                                                Federal, State, or local enforcement                    (CFR) and 49 U.S.C. 20502(a), this                    November 17, 2016 will be considered
                                                official.                                               document provides the public notice                   by FRA before final action is taken.
                                                                                                        that by a document dated September 9,                 Comments received after that date will
                                                V. Discussion of Comments                               2016, Union Pacific Railroad Company                  be considered as far as practicable.
                                                  FMCSA received 12 comments in this                    (UP) petitioned the Federal Railroad                    Anyone is able to search the
                                                proceeding. Brenda Hood, Shaun                          Administration (FRA) seeking approval                 electronic form of any written
                                                Bivens, Dana Arredondo, Brad Wright,                    for the discontinuance or modification                communications and comments
                                                Felicia Daza, Thomas Hood, John                         of a signal system. FRA assigned the                  received into any of our dockets by the
                                                Bourne, Sherrilyn Arredondo, Nicholas                   petition Docket Number FRA–2016–                      name of the individual submitting the
                                                Washington, Ernesto Valdespino, Irene                   0094.                                                 comment (or signing the document, if
                                                                                                          Applicant: Union Pacific Railroad                   submitted on behalf of an association,
                                                Galvan, and an anonymous commenter
                                                                                                        Company, Mr. Kevin D. Hicks, AVP                      business, labor union, etc.). In
                                                are all in favor of granting Duane Brojer
                                                                                                        Engineering-Design, 1400 Douglas                      accordance with 5 U.S.C. 553(c), DOT
                                                an exemption from the vision standard.
                                                                                                        Street, Mail Stop 0910, Omaha, NE                     solicits comments from the public to
                                                IV. Conclusion                                          68179.                                                better inform its processes. DOT posts
                                                                                                          UP seeks approval of the                            these comments, without edit, including
                                                  Based upon its evaluation of the 11                   discontinuance of Control Point D120,
                                                exemption applications, FMCSA                                                                                 any personal information the
                                                                                                        Milepost 119.7, on the Chester                        commenter provides, to
                                                exempts the following drivers from the                  Subdivision, St. Louis Service Unit
                                                vision requirement in 49 CFR                                                                                  www.regulations.gov, as described in
                                                                                                        Division at Thebes, IL. Two crossovers                the system of records notice (DOT/ALL–
                                                391.41(b)(10), subject to the                           and four signals on the main tracks will
                                                requirements cited above (49 CFR                                                                              14 FDMS), which can be reviewed at
                                                                                                        be removed and will be replaced with                  www.dot.gov/privacy. See also https://
                                                391.64(b)):                                             regenerative repeaters. The reason given              www.regulations.gov/privacyNotice for
                                                Daniel S. Billig (MN)                                   for the proposed discontinuance is to                 the privacy notice of regulations.gov.
                                                Duane N. Brojer (NM)                                    expedite train movements in the area
                                                                                                        and to make the switch renewal portion                Robert C. Lauby,
                                                Jeffrey D. Davis (NC)
                                                                                                        of a 2017 track project unnecessary.                  Associate Administrator for Railroad Safety,
                                                Paul D. Evenhouse (IL)                                                                                        Chief Safety Officer.
                                                                                                          A copy of the petition, as well as any
                                                Jonathan W. Gibbons (IL)                                written communications concerning the                 [FR Doc. 2016–23795 Filed 9–30–16; 8:45 am]
                                                Shane J. Graff (MI)                                     petition, is available for review online at           BILLING CODE 4910–06–P
                                                Brian D. Hoover (IA)                                    www.regulations.gov and in person at
                                                Michael A. Kafer (KS)                                   the U.S. Department of Transportation’s
                                                                                                        (DOT) Docket Operations Facility, 1200                DEPARTMENT OF TRANSPORTATION
                                                Christopher Robinson (NY)
                                                Joshua R. Stanley (OK)                                  New Jersey Avenue SE., W12–140,
                                                                                                        Washington, DC 20590. The Docket                      Federal Railroad Administration
                                                Charles F. Tibbetts (SC)                                Operations Facility is open from 9 a.m.               Railworthiness Directive for Certain
                                                   In accordance with 49 U.S.C. 31136(e)                to 5 p.m., Monday through Friday,                     Railroad Tank Cars Equipped With
                                                and 31315, each exemption will be valid                 except Federal Holidays.                              Bottom Outlet Valve Assembly and
                                                for 2 years unless revoked earlier by                     Interested parties are invited to
                                                                                                                                                              Constructed by American Railcar
                                                FMCSA. The exemption will be revoked                    participate in these proceedings by
                                                                                                                                                              Industries and ACF Industries
                                                if: (1) The person fails to comply with                 submitting written views, data, or
                                                the terms and conditions of the                         comments. FRA does not anticipate                     AGENCY:  Federal Railroad
                                                exemption; (2) the exemption has                        scheduling a public hearing in                        Administration (FRA) Department of
                                                resulted in a lower level of safety than                connection with these proceedings since               Transportation (DOT).
                                                was maintained before it was granted; or                the facts do not appear to warrant a                  ACTION: Notice of issuance and
                                                (3) continuation of the exemption would                 hearing. If any interested party desires              availability of Railworthiness Directive.
                                                not be consistent with the goals and                    an opportunity for oral comment, they
                                                objectives of 49 U.S.C. 31136 and 31315.                should notify FRA, in writing, before                 SUMMARY:   On September 30, 2016, FRA
                                                   If the exemption is still effective at the           the end of the comment period and                     issued a Railworthiness Directive
                                                end of the 2-year period, the person may                specify the basis for their request.                  (Directive or RWD) to all owners of
                                                                                                                                                              Department of Transportation (DOT)
sradovich on DSK3GMQ082PROD with NOTICES




                                                apply to FMCSA for a renewal under                        All communications concerning these
                                                procedures in effect at that time.                      proceedings should identify the                       specification 111 general purpose tank
                                                                                                        appropriate docket number and may be                  cars. This document announces FRA’s
                                                  Issued on: September 22, 2016.                                                                              issuance of the RWD and its availability
                                                                                                        submitted by any of the following
                                                Larry W. Minor,                                         methods:                                              on FRA’s Web site.
                                                Associate Administrator for Policy.                       • Web site: http://                                 FOR FURTHER INFORMATION CONTACT:
                                                [FR Doc. 2016–23789 Filed 9–30–16; 8:45 am]             www.regulations.gov. Follow the online                Larry Strouse, General Engineer,
                                                BILLING CODE 4910–EX–P                                  instructions for submitting comments.                 Hazardous Materials Division, Office of


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Document Created: 2018-02-13 14:11:45
Document Modified: 2018-02-13 14:11:45
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 September 8, 2016. The exemptions expire on September 8, 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 68098 

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