81 FR 72642 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 203 (October 20, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 203 (October 20, 2016)
| Page Range | 72642-72644 | |
| FR Document | 2016-25381 |
[Federal Register Volume 81, Number 203 (Thursday, October 20, 2016)] [Notices] [Pages 72642-72644] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-25381] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2016-0206] 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 12 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 [[Page 72643]] 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 October 1, 2016. The exemptions expire on October 1, 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 31, 2016, FMCSA published a notice of receipt of exemption applications from certain individuals, and requested comments from the public (81 FR 60115). That notice listed 12 applicants' case histories. The 12 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 12 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 12 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, aniosometropia, cerebrovascular accident, complete loss of vision, glaucoma, macular scar, prosthetic eye, and retinal detachment. In most cases, their eye conditions were not recently developed. Nine of the applicants were either born with their vision impairments or have had them since childhood. The 3 individuals that sustained their vision conditions as adults have had it for a range of 7 to 30 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 12 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 50 years. In the past three years, no 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 31, 2016 notice (81 FR 60115). 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 [[Page 72644]] 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 12 applicants, no 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 12 applicants listed in the notice of August 31, 2016 (81 FR 60115). 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 12 individuals consistent with the grandfathering provisions applied to drivers who participated in the Agency's vision waiver program. Those requirements are found at 49 CFR 391.64(b) and include the following: (1) That each individual be physically examined every year (a) by an ophthalmologist or optometrist who attests that the vision in the better eye continues to meet the requirement in 49 CFR 391.41(b)(10) and (b) by a medical examiner who attests that the individual is otherwise physically qualified under 49 CFR 391.41; (2) that each individual provide a copy of the ophthalmologist's or optometrist's report to the medical examiner at the time of the annual medical examination; and (3) that each individual provide a copy of the annual medical certification to the employer for retention in the driver's qualification file, or keep a copy in his/her driver's qualification file if he/she is self-employed. The driver must have a copy of the certification when driving, for presentation to a duly authorized Federal, State, or local enforcement official. V. Discussion of Comments FMCSA received no comments in this proceeding. IV. Conclusion Based upon its evaluation of the 12 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): Timothy D. Beaulier (MI) Earl D. Edland (MN) David M. Field (NH) Jerry D. Gartman (TX) William I. Innskeep (OH) Spencer B. Jacobs (TX) Edison Joe (NM) Duane A. McCord (IL) Odilio Monterroso De Leon (TX) James M. Moore (MS) Raymond White (NC) Brian C. Wittenburg (NC) In accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be valid for 2 years unless revoked earlier by FMCSA. The exemption will be revoked if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136 and 31315. If the exemption is still effective at the end of the 2-year period, the person may apply to FMCSA for a renewal under procedures in effect at that time. Issued on: October 14, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-25381 Filed 10-19-16; 8:45 am] BILLING CODE 4910-EX-P
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MEDICAL ADVISORY CRITERIA, Driver’s License Information System exemption with respect to a person
section H. Epilepsy: § 391.41(b)(8), (CDLIS) for commercial driver’s license operating under the exemption.
paragraphs 3, 4, and 5.] (CDL) holders, and interstate and
VI. Conclusion
intrastate inspections recorded in the
III. Discussion of Comments Based upon its evaluation of the 17
Motor Carrier Management Information
FMCSA received three comments in System (MCMIS). For non-CDL holders, exemption applications, FMCSA
this proceeding. Eva Gonzales supports the Agency reviewed the driving records exempts the following drivers from the
granting seizure exemptions to drivers from the State Driver’s Licensing epilepsy/seizure standard, 49 CFR
who have maintained a safe driving Agency (SDLA). 391.41(b)(8), subject to the requirements
record. Liam McMillin expressed These 17 applicants have been cited above:
concern for the risk of seizure while seizure-free over a range of six to 36 Hamilton Barnard (CA)
driving, and stated that ‘‘motorists years while taking anti-seizure Edward J. Carder, Jr. (OH)
cannot predict when they will have medication and maintained a stable Timothy M. Crampton (CT)
their next episode’’. The Minnesota medication treatment regimen for the Henry Dennis Counts, Jr. (MD)
Department of Public Safety expressed last two years. In each case, the Michael D. Davis (ME)
support for three of the applicants applicant’s treating physician verified Charlie E. Getchell (WI)
included in this notice and concern his or her seizure history and supports Dennis R. Giles (IN)
about health issues and the driving the ability to drive commercially. A Robert W. Goddard (NH)
record of an applicant Shaen Smith. In summary of each applicant’s seizure Larry G. Hediger (IL)
response to this comment, Mr. Smith history was discussed in the May 9, Martin Lancaster (ME)
has been seizure-free over 18 years and 2016, Federal Register notice (81 FR Philip A. Logan (SC)
meets the physical qualification Eric J. McVetty (NH)
28131).
standards to drive commercially. His Donald John Richmond (SC)
five-year driving record includes no The Agency acknowledges the
potential consequences of a driver Shaen Smith (MN)
violations or accidents and the Agency Kevin Lee Sprinkle (NC)
has reviewed his ten-year driving experiencing a seizure while operating a
CMV. However, the Agency believes the Patrick Trimbo (MN)
history and concludes that he meets the Alan Washabaugh (PA)
requisite level of safety to drive drivers granted this exemption have
demonstrated that they are unlikely to In accordance with 49 U.S.C.
commercially within the terms and
have a seizure and their medical 31315(b)(1), each exemption is valid for
conditions of his exemption.
condition does not pose a risk to public two years unless revoked earlier by
IV. Basis for Exemption Determination safety. FMCSA. The exemption will be revoked
Under 49 U.S.C. 31136(e) and Consequently, FMCSA finds that in if the following occurs: (1) The
31315(b), FMCSA may grant an each case exempting these applicants individual fails to comply with the
exemption from the epilepsy/seizure from the epilepsy/seizure standard in 49 terms and conditions of the exemption;
standard in 49 CFR 391.41(b)(8) if the CFR 391.41(b)(8) is likely to achieve a (2) the exemption has resulted in a
exemption is likely to achieve an level of safety equal to that existing lower level of safety than was
equivalent or greater level of safety than without the exemption. maintained prior to being granted; or (3)
would be achieved without the continuation of the exemption would
IV. Conditions and Requirements not be consistent with the goals and
exemption. The exemption allows the
applicants to operate CMVs in interstate The terms and conditions of the objectives of 49 U.S.C. 31136 and 31315.
commerce. exemption are provided to the Issued on: October 12, 2016.
In reaching the decision to grant these applicants in the exemption document Larry W. Minor,
exemption requests, FMCSA considered and includes the following: (1) Each Associate Administrator for Policy.
the 2007 recommendations of the driver must remain seizure-free and
[FR Doc. 2016–25387 Filed 10–19–16; 8:45 am]
Agency’s Medical Expert Panel (MEP). maintain a stable treatment during the
BILLING CODE 4910–EX–P
The January 15, 2013, Federal Register two-year exemption period; (2) each
notice (78 FR 3069) provides the current driver must submit annual reports from
MEP recommendations, which is the their treating physicians attesting to the DEPARTMENT OF TRANSPORTATION
criteria the Agency uses to grant seizure stability of treatment and that the driver
exemptions. has remained seizure-free; (3) each Federal Motor Carrier Safety
The Agency’s decision regarding these driver must undergo an annual medical Administration
exemption applications is based on an examination by a certified Medical
individualized assessment of each Examiner, as defined by 49 CFR 390.5; [Docket No. FMCSA–2016–0206]
applicant’s medical information, and (4) each driver must provide a copy
Qualification of Drivers; Exemption
including the root cause of the of the annual medical certification to
Applications; Vision
respective seizure(s) and medical the employer for retention in the
information about the applicant’s driver’s qualification file, or keep a copy AGENCY: Federal Motor Carrier Safety
seizure history, the length of time that of his/her driver’s qualification file if Administration (FMCSA), DOT.
has elapsed since the individual’s last he/she is self-employed. The driver ACTION: Notice of final disposition.
seizure, the stability of each individual’s must also have a copy of the exemption
treatment regimen and the duration of when driving, for presentation to a duly SUMMARY: FMCSA announces its
mstockstill on DSK3G9T082PROD with NOTICES
time on or off of anti-seizure authorized Federal, State, or local decision to exempt 12 individuals from
medication. In addition, the Agency enforcement official. the vision requirement in the Federal
reviewed the treating clinician’s Motor Carrier Safety Regulations
V. Preemption
medical opinion related to the ability of (FMCSRs). They are unable to meet the
the driver to safely operate a CMV with During the period the exemption is in vision requirement in one eye for
a history of seizure and each applicant’s effect, no State shall enforce any law or various reasons. The exemptions will
driving record found in the Commercial regulation that conflicts with this enable these individuals to operate
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better than that of all CMV drivers interstate system and on other roads V. Discussion of Comments
collectively (See 61 FR 13338, 13345, built to interstate standards. Moreover, FMCSA received no comments in this
March 26, 1996). The fact that driving in congested urban areas proceeding.
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 12
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 391.64(b):
The first major research correlating
past and future performance was done veteran drivers in this proceeding have Timothy D. Beaulier (MI)
in England by Greenwood and Yule in operated CMVs safely under those Earl D. Edland (MN)
conditions for at least 3 years, most for David M. Field (NH)
1920. Subsequent studies, building on
much longer. Their experience and Jerry D. Gartman (TX)
that model, concluded that crash rates
driving records lead us to believe that William I. Innskeep (OH)
for the same individual exposed to
each applicant is capable of operating in Spencer B. Jacobs (TX)
certain risks for two different time Edison Joe (NM)
periods vary only slightly (See Bates interstate commerce as safely as he/she
has been performing in intrastate Duane A. McCord (IL)
and Neyman, University of California Odilio Monterroso De Leon (TX)
Publications in Statistics, April 1952). commerce. Consequently, FMCSA finds
James M. Moore (MS)
Other studies demonstrated theories of that exempting these applicants from Raymond White (NC)
predicting crash proneness from crash the vision requirement in 49 CFR Brian C. Wittenburg (NC)
history coupled with other factors. 391.41(b)(10) is likely to achieve a level
In accordance with 49 U.S.C. 31136(e)
These factors—such as age, sex, of safety equal to that existing without
and 31315, each exemption will be valid
geographic location, mileage driven and the exemption. For this reason, the
conviction history—are used every day for 2 years unless revoked earlier by
Agency is granting the exemptions for FMCSA. The exemption will be revoked
by insurance companies and motor the 2-year period allowed by 49 U.S.C.
vehicle bureaus to predict the if: (1) The person fails to comply with
31136(e) and 31315 to the 12 applicants the terms and conditions of the
probability of an individual listed in the notice of August 31, 2016
experiencing future crashes (See Weber, exemption; (2) the exemption has
(81 FR 60115). resulted in a lower level of safety than
Donald C., ‘‘Accident Rate Potential: An
Application of Multiple Regression We recognize that the vision of an was maintained before it was granted; or
Analysis of a Poisson Process,’’ Journal applicant may change and affect his/her (3) continuation of the exemption would
of American Statistical Association, ability to operate a CMV as safely as in not be consistent with the goals and
June 1971). A 1964 California Driver the past. As a condition of the objectives of 49 U.S.C. 31136 and 31315.
Record Study prepared by the California exemption, therefore, FMCSA will If the exemption is still effective at the
Department of Motor Vehicles impose requirements on the 12 end of the 2-year period, the person may
concluded that the best overall crash individuals consistent with the apply to FMCSA for a renewal under
predictor for both concurrent and grandfathering provisions applied to procedures in effect at that time.
nonconcurrent events is the number of drivers who participated in the Issued on: October 14, 2016.
single convictions. This study used 3 Agency’s vision waiver program. Larry W. Minor,
consecutive years of data, comparing the Those requirements are found at 49 Associate Administrator for Policy.
experiences of drivers in the first 2 years CFR 391.64(b) and include the [FR Doc. 2016–25381 Filed 10–19–16; 8:45 am]
with their experiences in the final year. following: (1) That each individual be BILLING CODE 4910–EX–P
Applying principles from these physically examined every year (a) by
studies to the past 3-year record of the an ophthalmologist or optometrist who
12 applicants, no drivers were involved attests that the vision in the better eye DEPARTMENT OF TRANSPORTATION
in crashes, and no drivers were
continues to meet the requirement in 49
convicted of moving violations in a Federal Motor Carrier Safety
CFR 391.41(b)(10) and (b) by a medical
CMV. All the applicants achieved a Administration
examiner who attests that the individual
record of safety while driving with their
vision impairment, demonstrating the is otherwise physically qualified under [Docket No. FMCSA–2016–0223]
likelihood that they have adapted their 49 CFR 391.41; (2) that each individual
provide a copy of the ophthalmologist’s Qualification of Drivers; Exemption
driving skills to accommodate their Applications; Diabetes Mellitus
condition. As the applicants’ ample or optometrist’s report to the medical
driving histories with their vision examiner at the time of the annual AGENCY: Federal Motor Carrier Safety
deficiencies are good predictors of medical examination; and (3) that each Administration (FMCSA).
future performance, FMCSA concludes individual provide a copy of the annual
ACTION: Notice of applications for
their ability to drive safely can be medical certification to the employer for
exemptions; request for comments.
projected into the future. retention in the driver’s qualification
mstockstill on DSK3G9T082PROD with NOTICES
We believe that the applicants’ file, or keep a copy in his/her driver’s SUMMARY: FMCSA announces receipt of
intrastate driving experience and history qualification file if he/she is self- applications from 46 individuals for
provide an adequate basis for predicting employed. The driver must have a copy exemption from the prohibition against
their ability to drive safely in interstate of the certification when driving, for persons with insulin-treated diabetes
commerce. Intrastate driving, like presentation to a duly authorized mellitus (ITDM) operating commercial
interstate operations, involves Federal, State, or local enforcement motor vehicles (CMVs) in interstate
substantial driving on highways on the official. commerce. If granted, the exemptions
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Document Created: 2016-10-21 09:58:57
Document Modified: 2016-10-21 09:58:57
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of final disposition. | |
| Dates | The exemptions were granted October 1, 2016. The exemptions expire on October 1, 2018. | |
| 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. | |
| FR Citation | 81 FR 72642 |
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