81_FR_74701 81 FR 74494 - Qualification of Drivers; Exemption Applications; Vision

81 FR 74494 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 207 (October 26, 2016)

Page Range74494-74496
FR Document2016-25859

FMCSA announces its decision to exempt 18 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 207 (Wednesday, October 26, 2016)
[Federal Register Volume 81, Number 207 (Wednesday, October 26, 2016)]
[Notices]
[Pages 74494-74496]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25859]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0033]


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 18 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 29, 2016. The exemptions 
expire on September 29, 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 29, 2016, FMCSA published a notice of receipt of 
exemption applications from certain individuals, and requested comments 
from the public (81 FR 59266). That notice listed 18 applicants' case 
histories. The 18 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 18 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 18 
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, prosthetic eye, cataract, complete loss 
of vision, congenital coloboma, macular scar, and retinal detachment. 
In most cases, their eye conditions were not recently developed. 
Fifteen 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 them for a range of 9 to 27 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 18 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 40 
years. In the past three years, 3 drivers were involved in crashes and 
no drivers were

[[Page 74495]]

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 29, 2016, 
notice (81 FR 59266).

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 18 applicants, 3 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 18 applicants listed in the notice of August 
29, 2016 (81 FR 59266.
    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 18 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 3 comments in this proceeding. Patrick Strupp 
stated, ``Philip Clements is a safe driver with great vision and depth 
perception.'' Tishara Price stated that she believes the general public 
and the companies that employ drivers who hold vision exemptions are 
put at risk due to drivers' visual limitations. FMCSA monitors the 
driving records of all drivers who hold vision exemptions to ensure 
they are meeting safety standards. For additional information

[[Page 74496]]

on the basis for exemption determination, please refer to section IV of 
the August 29, 2016 notice (81 FR 59266). Deb Carlson stated that the 
state of Minnesota has no concerns with issuing George R. Morehouse an 
exemption. Additionally, Ms. Carlson noted that Curtis L. Shannon has 
held a CDL since April 25, 2015. FMCSA does not require drivers to hold 
a CDL and instead looks at each individual's experience driving CMVs, 
as defined in part FR 390.5 in the Federal Motor Carrier Safety 
Regulations, and any crashes and moving violations in their driving 
history. For additional information on the basis for exemption 
determination, please refer to section II, section III, and section IV 
of the August 29, 2016, notice (81 FR 59266).

IV. Conclusion

    Based upon its evaluation of the 18 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):

Gregory M. Anderson (NY)
Richard D. Auger (CA)
Theodore N. Belcher (VA)
Darrin E. Bogert (NY)
Michael S. Buck (IN)
Jose D. Chavez (MD)
Philip J. Clements (WI)
Alfonso P. Echevarria (GA)
Samuel R. Graziano (PA)
Zagar E. Melvin (GA)
George R. Morehouse (MN)
Robert H. Nelson, III (VA)
Salvador Sanchez (CA)
Randal J. Shabloski (PA)
Curtis L. Shannon (MN)
Ricardo N. Vargas (CA)
Johnny Watson (GA)
Harold F. White, Jr. (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: October 18, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-25859 Filed 10-25-16; 8:45 am]
 BILLING CODE 4910-EX-P



                                                    74494                     Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / Notices

                                                    requirements. To ensure compliance                      FOR FURTHER INFORMATION CONTACT:     Ms.                 A person is physically qualified to
                                                    with the LEAP pilot program by                          Christine A. Hydock, Chief, Medical                   drive a commercial motor vehicle if that
                                                    participating LPAs, FHWA will conduct                   Programs Division, (202) 366–4001,                    person has distant visual acuity of at
                                                    audits, reviews, and/or assessments                     fmcsamedical@dot.gov, FMCSA,                          least 20/40 (Snellen) in each eye
                                                    during the pilot program. Such audits                   Department of Transportation, 1200                    without corrective lenses or visual
                                                    will be in addition to any of FHWA’s                    New Jersey Avenue SE., Room W64–                      acuity separately corrected to 20/40
                                                    other stewardship and oversight                         113, Washington, DC 20590–0001.                       (Snellen) or better with corrective
                                                    responsibilities relating to the LEAP                   Office hours are 8:30 a.m. to 5 p.m., e.t.,           lenses, distant binocular acuity of a least
                                                    pilot program, as well as any other                     Monday through Friday, except Federal                 20/40 (Snellen) in both eyes with or
                                                    projects and/or other activities carried                holidays. If you have questions                       without corrective lenses, field of vision
                                                    out under the LEAP pilot program.                       regarding viewing or submitting                       of at least 70° in the horizontal meridian
                                                      The FHWA will assess the                              material to the docket, contact Docket                in each eye, and the ability to recognize
                                                    partnership developed under this pilot                  Services, telephone (202) 366–9826.                   the colors of traffic signals and devices
                                                    program in accordance with existing                     SUPPLEMENTARY INFORMATION:                            showing red, green, and amber (49 CFR
                                                    requirements. The FHWA may                                                                                    391.41(b)(10)).
                                                    terminate the agreement and/or pilot                    I. Electronic Access
                                                                                                                                                                     FMCSA recognizes that some drivers
                                                    program at any time or for any reason                      You may see all the comments online                do not meet the vision requirement but
                                                    consistent with 2 CFR 200.339,                          through the Federal Document                          have adapted their driving to
                                                    including, but not limited to, inadequate               Management System (FDMS) at http://                   accommodate their limitation and
                                                    LPA performance or inadequate FHWA                      www.regulations.gov.                                  demonstrated their ability to drive
                                                    resources to administer the LEAP pilot                     Docket: For access to the docket to                safely. The 18 exemption applicants
                                                    program. The participating LPA may                      read background documents or                          listed in this notice are in this category.
                                                    also terminate the pilot program upon                   comments, go to http://                               They are unable to meet the vision
                                                    FHWA’s receipt of a 90-day notice from                  www.regulations.gov and/or Room                       requirement in one eye for various
                                                    both the LPA and State DOT.                             W12–140 on the ground level of the                    reasons, including amblyopia,
                                                                                                            West Building, 1200 New Jersey Avenue                 prosthetic eye, cataract, complete loss of
                                                      Authority: 23 U.S.C. 502; Sec. 1420, Pub.
                                                    L. 114–94, 129 Stat.1423; 49 CFR 1.85.
                                                                                                            SE., Washington, DC, between 9 a.m.                   vision, congenital coloboma, macular
                                                                                                            and 5 p.m., Monday through Friday,                    scar, and retinal detachment. In most
                                                      Issued on: October 21, 2016.                          except Federal holidays.                              cases, their eye conditions were not
                                                    Gregory G. Nadeau,                                         Privacy Act: In accordance with 5                  recently developed. Fifteen of the
                                                    Administrator, Federal Highway                          U.S.C. 553(c), DOT solicits comments                  applicants were either born with their
                                                    Administration.                                         from the public to better inform its                  vision impairments or have had them
                                                    [FR Doc. 2016–25894 Filed 10–25–16; 8:45 am]            rulemaking process. DOT posts these                   since childhood.
                                                    BILLING CODE 4910–22–P                                  comments, without edit, including any                    The 3 individuals that sustained their
                                                                                                            personal information the commenter                    vision conditions as adults have had
                                                                                                            provides, to www.regulations.gov, as                  them for a range of 9 to 27 years.
                                                    DEPARTMENT OF TRANSPORTATION                            described in the system of records                       Although each applicant has one eye
                                                                                                            notice (DOT/ALL–14 FDMS), which can                   which does not meet the vision
                                                    Federal Motor Carrier Safety                            be reviewed at www.dot.gov/privacy.
                                                    Administration                                                                                                requirement in 49 CFR 391.41(b)(10),
                                                                                                            II. Background                                        each has at least 20/40 corrected vision
                                                    [Docket No. FMCSA–2016–0033]                                                                                  in the other eye, and in a doctor’s
                                                                                                               On August 29, 2016, FMCSA
                                                                                                            published a notice of receipt of                      opinion, has sufficient vision to perform
                                                    Qualification of Drivers; Exemption
                                                                                                            exemption applications from certain                   all the tasks necessary to operate a CMV.
                                                    Applications; Vision
                                                                                                            individuals, and requested comments                   Doctors’ opinions are supported by the
                                                    AGENCY: Federal Motor Carrier Safety                    from the public (81 FR 59266). That                   applicants’ possession of valid
                                                    Administration (FMCSA), DOT.                            notice listed 18 applicants’ case                     commercial driver’s licenses (CDLs) or
                                                    ACTION: Notice of final disposition.                    histories. The 18 individuals applied for             non-CDLs to operate CMVs. Before
                                                                                                            exemptions from the vision requirement                issuing CDLs, States subject drivers to
                                                    SUMMARY:    FMCSA announces its                         in 49 CFR 391.41(b)(10), for drivers who              knowledge and skills tests designed to
                                                    decision to exempt 18 individuals from                  operate CMVs in interstate commerce.                  evaluate their qualifications to operate a
                                                    the vision requirement in the Federal                      Under 49 U.S.C. 31136(e) and 31315,                CMV.
                                                    Motor Carrier Safety Regulations                        FMCSA may grant an exemption for a 2-                    All of these applicants satisfied the
                                                    (FMCSRs). They are unable to meet the                   year period if it finds ‘‘such exemption              testing requirements for their State of
                                                    vision requirement in one eye for                       would likely achieve a level of safety                residence. By meeting State licensing
                                                    various reasons. The exemptions will                    that is equivalent to or greater than the             requirements, the applicants
                                                    enable these individuals to operate                     level that would be achieved absent                   demonstrated their ability to operate a
                                                    commercial motor vehicles (CMVs) in                     such exemption.’’ The statute also                    CMV, with their limited vision, to the
                                                    interstate commerce without meeting                     allows the Agency to renew exemptions                 satisfaction of the State.
                                                    the prescribed vision requirement in                    at the end of the 2-year period.                         While possessing a valid CDL or non-
                                                    one eye. The Agency has concluded that                                                                        CDL, these 18 drivers have been
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            Accordingly, FMCSA has evaluated the
                                                    granting these exemptions will provide                  18 applications on their merits and                   authorized to drive a CMV in intrastate
                                                    a level of safety that is equivalent to or              made a determination to grant                         commerce, even though their vision
                                                    greater than the level of safety                        exemptions to each of them.                           disqualified them from driving in
                                                    maintained without the exemptions for                                                                         interstate commerce. They have driven
                                                    these CMV drivers.                                      III. Vision and Driving Experience of                 CMVs with their limited vision in
                                                    DATES: The exemptions were granted                      the Applicants                                        careers ranging for 3 to 40 years. In the
                                                    September 29, 2016. The exemptions                         The vision requirement in the                      past three years, 3 drivers were involved
                                                    expire on September 29, 2018.                           FMCSRs provides:                                      in crashes and no drivers were


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                                                                              Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / Notices                                           74495

                                                    convicted of moving violations in a                        The first major research correlating               veteran drivers in this proceeding have
                                                    CMV.                                                    past and future performance was done                  operated CMVs safely under those
                                                      The qualifications, experience, and                   in England by Greenwood and Yule in                   conditions for at least 3 years, most for
                                                    medical condition of each applicant                     1920. Subsequent studies, building on                 much longer. Their experience and
                                                    were stated and discussed in detail in                  that model, concluded that crash rates                driving records lead us to believe that
                                                    the August 29, 2016, notice (81 FR                      for the same individual exposed to                    each applicant is capable of operating in
                                                    59266).                                                 certain risks for two different time                  interstate commerce as safely as he/she
                                                                                                            periods vary only slightly (See Bates                 has been performing in intrastate
                                                    IV. Basis for Exemption Determination                   and Neyman, University of California                  commerce. Consequently, FMCSA finds
                                                       Under 49 U.S.C. 31136(e) and 31315,                  Publications in Statistics, April 1952).              that exempting these applicants from
                                                    FMCSA may grant an exemption from                       Other studies demonstrated theories of                the vision requirement in 49 CFR
                                                    the vision requirement in 49 CFR                        predicting crash proneness from crash                 391.41(b)(10) is likely to achieve a level
                                                    391.41(b)(10) if the exemption is likely                history coupled with other factors.                   of safety equal to that existing without
                                                    to achieve an equivalent or greater level               These factors—such as age, sex,                       the exemption. For this reason, the
                                                    of safety than would be achieved                        geographic location, mileage driven and               Agency is granting the exemptions for
                                                    without the exemption. Without the                      conviction history—are used every day                 the 2-year period allowed by 49 U.S.C.
                                                    exemption, applicants will continue to                  by insurance companies and motor                      31136(e) and 31315 to the 18 applicants
                                                    be restricted to intrastate driving. With               vehicle bureaus to predict the                        listed in the notice of August 29, 2016
                                                    the exemption, applicants can drive in                  probability of an individual                          (81 FR 59266.
                                                    interstate commerce. Thus, our analysis                 experiencing future crashes (See Weber,                  We recognize that the vision of an
                                                    focuses on whether an equal or greater                  Donald C., ‘‘Accident Rate Potential: An              applicant may change and affect his/her
                                                    level of safety is likely to be achieved by             Application of Multiple Regression                    ability to operate a CMV as safely as in
                                                    permitting each of these drivers to drive               Analysis of a Poisson Process,’’ Journal              the past. As a condition of the
                                                    in interstate commerce as opposed to                    of American Statistical Association,                  exemption, therefore, FMCSA will
                                                    restricting him or her to driving in                    June 1971). A 1964 California Driver                  impose requirements on the 18
                                                    intrastate commerce.                                    Record Study prepared by the California               individuals consistent with the
                                                       To evaluate the effect of these                      Department of Motor Vehicles                          grandfathering provisions applied to
                                                    exemptions on safety, FMCSA                             concluded that the best overall crash                 drivers who participated in the
                                                    considered the medical reports about                    predictor for both concurrent and                     Agency’s vision waiver program.
                                                                                                            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
                                                                                                            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                     18 applicants, 3 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 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
                                                    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 3 comments in this
                                                    better than that of all CMV drivers                     interstate system and on other roads                  proceeding. Patrick Strupp stated,
                                                    collectively (See 61 FR 13338, 13345,                   built to interstate standards. Moreover,              ‘‘Philip Clements is a safe driver with
                                                    March 26, 1996). The fact that                          driving in congested urban areas                      great vision and depth perception.’’
                                                    experienced monocular drivers                           exposes the driver to more pedestrian                 Tishara Price stated that she believes the
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    demonstrated safe driving records in the                and vehicular traffic than exists on                  general public and the companies that
                                                    waiver program supports a conclusion                    interstate highways. Faster reaction to               employ drivers who hold vision
                                                    that other monocular drivers, meeting                   traffic and traffic signals is generally              exemptions are put at risk due to
                                                    the same qualifying conditions as those                 required because distances between                    drivers’ visual limitations. FMCSA
                                                    required by the waiver program, are also                them are more compact. These                          monitors the driving records of all
                                                    likely to have adapted to their vision                  conditions tax visual capacity and                    drivers who hold vision exemptions to
                                                    deficiency and will continue to operate                 driver response just as intensely as                  ensure they are meeting safety
                                                    safely.                                                 interstate driving conditions. The                    standards. For additional information


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                                                    74496                     Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / Notices

                                                    on the basis for exemption                              DEPARTMENT OF TRANSPORTATION                          or Ms. Kim Toone, Information
                                                    determination, please refer to section IV                                                                     Collection Clearance Officer, Office of
                                                    of the August 29, 2016 notice (81 FR                    Federal Railroad Administration                       Information Technology, RAD–20,
                                                    59266). Deb Carlson stated that the state               [Docket No. FRA–2016–0002–N–24]                       Federal Railroad Administration, 1200
                                                    of Minnesota has no concerns with                                                                             New Jersey Avenue SE., Mail Stop 35,
                                                    issuing George R. Morehouse an                          Proposed Agency Information                           Washington, DC 20590 (telephone: (202)
                                                    exemption. Additionally, Ms. Carlson                    Collection Activities; Comment                        493–6132). (These telephone numbers
                                                    noted that Curtis L. Shannon has held                   Request                                               are not toll free.)
                                                    a CDL since April 25, 2015. FMCSA                                                                             SUPPLEMENTARY INFORMATION: The PRA,
                                                    does not require drivers to hold a CDL                  AGENCY: Federal Railroad                              44 U.S.C. 3501–3520, and its
                                                    and instead looks at each individual’s                  Administration (FRA), U.S. Department                 implementing regulations, 5 CFR part
                                                    experience driving CMVs, as defined in                  of Transportation.                                    1320, require Federal agencies to
                                                    part FR 390.5 in the Federal Motor                      ACTION: Notice and request for                        provide 60-days’ notice to the public to
                                                    Carrier Safety Regulations, and any                     comments.                                             allow comment on information
                                                    crashes and moving violations in their                                                                        collection activities before seeking OMB
                                                                                                            SUMMARY:    Under the Paperwork
                                                    driving history. For additional                                                                               approval to implement them. 44 U.S.C.
                                                                                                            Reduction Act of 1995 (PRA) and its
                                                    information on the basis for exemption                                                                        3506(c)(2)(A); 5 CFR 1320.8(d)(1),
                                                                                                            implementing regulations, FRA seeks                   1320.10(e)(1), 1320.12(a). Specifically,
                                                    determination, please refer to section II,
                                                                                                            approval of proposed information                      FRA invites interested respondents to
                                                    section III, and section IV of the August
                                                                                                            collection activities listed below. Before            comment on the following summary of
                                                    29, 2016, notice (81 FR 59266).
                                                                                                            submitting these information collection               proposed information collection
                                                    IV. Conclusion                                          requests (ICRs) to the Office of                      activities regarding: (1) Whether the
                                                       Based upon its evaluation of the 18                  Management and Budget (OMB) for                       information collection activities are
                                                    exemption applications, FMCSA                           approval, FRA is soliciting public                    necessary for FRA to properly execute
                                                    exempts the following drivers from the                  comment on specific aspects of the                    its functions, including whether the
                                                    vision requirement in 49 CFR                            activities, which are identified in this              activities will have practical utility; (2)
                                                    391.41(b)(10), subject to the                           notice.                                               the accuracy of FRA’s estimates of the
                                                    requirements cited above 49 CFR                         DATES:  Comments must be received no                  burden of the information collection
                                                    391.64(b):                                              later than December 27, 2016.                         activities, including the validity of the
                                                    Gregory M. Anderson (NY)                                ADDRESSES: Submit written comments                    methodology and assumptions used to
                                                    Richard D. Auger (CA)                                   on any or all of the following proposed               determine the estimates; (3) ways for
                                                    Theodore N. Belcher (VA)                                activities by mail to either: Mr. Robert              FRA to enhance the quality, utility, and
                                                    Darrin E. Bogert (NY)                                   Brogan, Information Collection                        clarity of the information being
                                                    Michael S. Buck (IN)                                    Clearance Officer, Office of Railroad                 collected; and (4) ways for FRA to
                                                    Jose D. Chavez (MD)                                     Safety, Regulatory Analysis Division,                 minimize the burden of information
                                                    Philip J. Clements (WI)                                 Federal Railroad Administration, RRS–                 collection activities on the public by
                                                    Alfonso P. Echevarria (GA)                              21, 1200 New Jersey Avenue SE., Mail                  automated, electronic, mechanical, or
                                                    Samuel R. Graziano (PA)                                 Stop 25, Washington, DC 20590; or Ms.                 other technological collection
                                                    Zagar E. Melvin (GA)                                    Kim Toone, Information Collection                     techniques and other forms of
                                                    George R. Morehouse (MN)                                Clearance Officer, Office of Information              information technology (e.g., permitting
                                                    Robert H. Nelson, III (VA)                                                                                    electronic submission of responses). See
                                                                                                            Technology, RAD–20, Federal Railroad
                                                    Salvador Sanchez (CA)                                                                                         44 U.S.C. 3506(c)(2)(A)(i)–(iv); 5 CFR
                                                                                                            Administration, 1200 New Jersey
                                                    Randal J. Shabloski (PA)                                                                                      1320.8(d)(1)(i)–(iv).
                                                    Curtis L. Shannon (MN)                                  Avenue SE., Mail Stop 35, Washington,
                                                                                                            DC 20590. Commenters requesting FRA                      FRA believes that soliciting public
                                                    Ricardo N. Vargas (CA)                                                                                        comment will promote its efforts to
                                                    Johnny Watson (GA)                                      to acknowledge receipt of their
                                                                                                            respective comments must include a                    reduce the administrative and
                                                    Harold F. White, Jr. (SC)                                                                                     paperwork burdens associated with the
                                                                                                            self-addressed stamped postcard stating,
                                                       In accordance with 49 U.S.C. 31136(e)                                                                      collection of information that Federal
                                                                                                            ‘‘Comments on OMB Control Number
                                                    and 31315, each exemption will be valid                                                                       regulations mandate. In summary, FRA
                                                                                                            2130—New.’’ Alternatively, comments
                                                    for 2 years unless revoked earlier by                                                                         reasons that comments received will
                                                                                                            may be faxed to (202) 493–6216 or (202)
                                                    FMCSA. The exemption will be revoked                                                                          advance three objectives: (1) Reduce
                                                                                                            493–6497, or emailed to Mr. Brogan at
                                                    if: (1) The person fails to comply with                                                                       reporting burdens; (2) ensure that it
                                                                                                            Robert.Brogan@dot.gov, or Ms. Toone at
                                                    the terms and conditions of the                                                                               organizes information collection
                                                                                                            Kim.Toone@dot.gov. Please refer to the
                                                    exemption; (2) the exemption has                                                                              requirements in a ‘‘user-friendly’’ format
                                                                                                            assigned OMB control number in any
                                                    resulted in a lower level of safety than                                                                      to improve the use of such information;
                                                                                                            correspondence submitted. FRA will
                                                    was maintained before it was granted; or                                                                      and (3) accurately assess the resources
                                                                                                            summarize comments received in
                                                    (3) continuation of the exemption would                                                                       expended to retrieve and produce
                                                                                                            response to this notice in a subsequent
                                                    not be consistent with the goals and                                                                          information requested. See 44 U.S.C.
                                                                                                            notice and include them in its
                                                    objectives of 49 U.S.C. 31136 and 31315.                                                                      3501.
                                                                                                            information collection submission to                     Below is a brief summary of currently
                                                       If the exemption is still effective at the
                                                                                                            OMB for approval.
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    end of the 2-year period, the person may                                                                      approved information collection
                                                    apply to FMCSA for a renewal under                      FOR FURTHER INFORMATION CONTACT: Mr.                  activities that FRA will submit for
                                                    procedures in effect at that time.                      Robert Brogan, Information Collection                 clearance by OMB as required under the
                                                                                                            Clearance Officer, Office of Railroad                 PRA:
                                                      Issued on: October 18, 2016.                          Safety, Regulatory Safety Analysis                       Title: Accident/Incident Reporting
                                                    Larry W. Minor,                                         Division, RRS–21, Federal Railroad                    and Recordkeeping.
                                                    Associate Administrator for Policy.                     Administration, 1200 New Jersey                          OMB Control Number: 2130–0500.
                                                    [FR Doc. 2016–25859 Filed 10–25–16; 8:45 am]            Avenue SE., Mail Stop 25, Washington,                    Abstract: The collection of
                                                    BILLING CODE 4910–EX–P                                  DC 20590 (telephone: (202) 493–6292)                  information is due to the railroad


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Document Created: 2016-10-26 02:17:50
Document Modified: 2016-10-26 02:17:50
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of final disposition.
DatesThe exemptions were granted September 29, 2016. The exemptions expire on September 29, 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 74494 

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