81_FR_90285 81 FR 90046 - Qualification of Drivers; Exemption Applications; Vision

81 FR 90046 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 239 (December 13, 2016)

Page Range90046-90048
FR Document2016-29824

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 239 (Tuesday, December 13, 2016)
[Federal Register Volume 81, Number 239 (Tuesday, December 13, 2016)]
[Notices]
[Pages 90046-90048]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29824]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0207]


Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt 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 November 11, 2016. The exemptions 
expire on November 11, 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., e.t., 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 October 11, 2016, FMCSA published a notice of receipt of 
exemption applications from certain individuals, and requested comments 
from the public (81 FR 70248). 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

[[Page 90047]]

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, complete loss of vision, 
exotropia, hypoexotropia, macular scar, optic atrophy, retinal 
detachment, and retinal scar. In most cases, their eye conditions were 
not recently developed. Sixteen of the applicants were either born with 
their vision impairments or have had them since childhood.
    The 2 individuals that sustained their vision conditions as adults 
have had it for a range of 22 to 32 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 45 
years. In the past three years, 1 driver was involved in a crash, and 1 
driver was convicted of a moving violation in a CMV.
    The qualifications, experience, and medical condition of each 
applicant were stated and discussed in detail in the October 11, 2016 
notice (81 FR 70248).

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, 1 driver was involved in a crash and 1 driver was 
convicted of a moving violation 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 October 
11, 2016 (81 FR 70248).
    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

[[Page 90048]]

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 1 comment in this proceeding. Joshua H. stated that 
Tracy L. Neal holds a license in Mississippi and not Michigan.

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):

Joshua A. Akshar (NY)
Elijah A. Allen, Jr. (AR)
Tanner H. Brooks (MS)
Brian E. Broux (CA)
Alvin J. Dannenmann (DE)
Wayne L. Dorbert (PA)
Roger D. Ellsworth Jr. (NC)
Gregory L. Frisch (CA)
Josh Gallant Jr. (SC)
John P. Grum (PA)
Dillon L. Hendren (SC)
Roger E. Kadolph (IA)
Jay D. May (CO)
Tracy L. Neal (MS)
Edward P. Paloskey Jr. (PA)
Jesse R. Parker (LA)
Christopher A. Stewart (GA)
Emejildo Vargas (MA)

    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: December 2, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-29824 Filed 12-12-16; 8:45 am]
 BILLING CODE 4910-EX-P



                                               90046                      Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Notices

                                               questions, please contact Mr. William                   effective date of the finding. Comments                  Docket: For access to the docket to
                                               Winne, FHWA Office of the Chief                         may be submitted to FHWA’s Web site                   read background documents or
                                               Counsel, (202) 366–1397, or via email at                via the link provided to the waiver page              comments, go to http://
                                               William.Winne@dot.gov. Office hours                     noted above.                                          www.regulations.gov and/or Room
                                               for FHWA are from 8:00 a.m. to 4:30                       Authority: 23 U.S.C. 313; Pub. L. 110–161,          W12–140 on the ground level of the
                                               p.m., E.T., Monday through Friday,                      23 CFR 635.410                                        West Building, 1200 New Jersey Avenue
                                               except Federal holidays.                                                                                      SE., Washington, DC, between 9 a.m.
                                                                                                         Dated: December 5, 2016.
                                               SUPPLEMENTARY INFORMATION:                                                                                    and 5 p.m., e.t., Monday through Friday,
                                                                                                       Gregory G. Nadeau,                                    except Federal holidays.
                                               Electronic Access                                       Administrator, Federal Highway                           Privacy Act: In accordance with 5
                                                 An electronic copy of this document                   Administration.                                       U.S.C. 553(c), DOT solicits comments
                                               may be downloaded from the Federal                      [FR Doc. 2016–29820 Filed 12–12–16; 8:45 am]          from the public to better inform its
                                               Register’s home page at: http://                        BILLING CODE 4910–22–P                                rulemaking process. DOT posts these
                                               www.archives.gov and the Government                                                                           comments, without edit, including any
                                               Publishing Office’s database at: https://                                                                     personal information the commenter
                                               www.gpo.gov/fdsys/.                                     DEPARTMENT OF TRANSPORTATION                          provides, to www.regulations.gov, as
                                                                                                                                                             described in the system of records
                                               Background                                              Federal Motor Carrier Safety                          notice (DOT/ALL–14 FDMS), which can
                                                  The FHWA’s Buy America policy in                     Administration                                        be reviewed at www.dot.gov/privacy.
                                               23 CFR 635.410 requires a domestic
                                               manufacturing process for any steel or                  [Docket No. FMCSA–2016–0207]                          II. Background
                                               iron products (including protective                                                                              On October 11, 2016, FMCSA
                                               coatings) that are permanently                          Qualification of Drivers; Exemption
                                                                                                                                                             published a notice of receipt of
                                               incorporated in a Federal-aid                           Applications; Vision
                                                                                                                                                             exemption applications from certain
                                               construction project. The regulation also               AGENCY: Federal Motor Carrier Safety                  individuals, and requested comments
                                               provides for a waiver of the Buy                        Administration (FMCSA), DOT.                          from the public (81 FR 70248). That
                                               America requirements when the                           ACTION: Notice of final disposition.                  notice listed 18 applicants’ case
                                               application would be inconsistent with                                                                        histories. The 18 individuals applied for
                                               the public interest or when satisfactory                SUMMARY:    FMCSA announces its                       exemptions from the vision requirement
                                               quality domestic steel and iron products                decision to exempt 18 individuals from                in 49 CFR 391.41(b)(10), for drivers who
                                               are not sufficiently available. This                    the vision requirement in the Federal                 operate CMVs in interstate commerce.
                                               notice provides information regarding                   Motor Carrier Safety Regulations                         Under 49 U.S.C. 31136(e) and 31315,
                                               FHWA’s finding that a Buy America                       (FMCSRs). They are unable to meet the                 FMCSA may grant an exemption for a 2-
                                               waiver is appropriate for use of non-                   vision requirement in one eye for                     year period if it finds ‘‘such exemption
                                               domestic iron and steel components of                   various reasons. The exemptions will                  would likely achieve a level of safety
                                               trunnion bearings for emergency repair                  enable these individuals to operate                   that is equivalent to or greater than the
                                               of Willow Avenue Lift Bridge in                         commercial motor vehicles (CMVs) in                   level that would be achieved absent
                                               Cleveland, Ohio.                                        interstate commerce without meeting                   such exemption.’’ The statute also
                                                  In accordance with the Consolidated                  the prescribed vision requirement in                  allows the Agency to renew exemptions
                                               Appropriations Act, 2016 (Pub. L. 114–                  one eye. The Agency has concluded that                at the end of the 2-year period.
                                               113) and the Continuing Appropriations                  granting these exemptions will provide                Accordingly, FMCSA has evaluated the
                                               Act, 2017 (Pub. L. 114–223), FHWA                       a level of safety that is equivalent to or            18 applications on their merits and
                                               published a notice of intent to issue a                 greater than the level of safety                      made a determination to grant
                                               waiver on its Web site: http://                         maintained without the exemptions for                 exemptions to each of them.
                                               www.fhwa.dot.gov/construction/                          these CMV drivers.
                                               contracts/waivers.cfm?id=138 on                                                                               III. Vision and Driving Experience of
                                                                                                       DATES: The exemptions were granted                    the Applicants
                                               October 13th. The FHWA received no
                                                                                                       November 11, 2016. The exemptions
                                               comments in response to the                                                                                      The vision requirement in the
                                                                                                       expire on November 11, 2018.
                                               publication. Based on all the                                                                                 FMCSRs provides:
                                               information available to the agency,                    FOR FURTHER INFORMATION CONTACT: Ms.                     A person is physically qualified to
                                               FHWA concludes that there are no                        Christine A. Hydock, Chief, Medical                   drive a commercial motor vehicle if that
                                               domestic manufacturers of trunnion                      Programs Division, (202) 366–4001,                    person has distant visual acuity of at
                                               bearings for emergency repair of Willow                 fmcsamedical@dot.gov, FMCSA,                          least 20/40 (Snellen) in each eye
                                               Avenue Lift Bridge in the State of Ohio.                Department of Transportation, 1200                    without corrective lenses or visual
                                                  The Ohio State DOT, contractors, and                 New Jersey Avenue SE., Room W64–                      acuity separately corrected to 20/40
                                               subcontractors involved in the                          113, Washington, DC 20590–0001.                       (Snellen) or better with corrective
                                               procurement of bearing units, are                       Office hours are 8:30 a.m. to 5 p.m., e.t.,           lenses, distant binocular acuity of a least
                                               reminded of the need to comply with                     Monday through Friday, except Federal                 20/40 (Snellen) in both eyes with or
                                               the Cargo Preference Act in 46 CFR part                 holidays. If you have questions                       without corrective lenses, field of vision
                                               38, if applicable.                                      regarding viewing or submitting                       of at least 70° in the horizontal meridian
                                                  In accordance with the provisions of                 material to the docket, contact Docket                in each eye, and the ability to recognize
pmangrum on DSK3GDR082PROD with NOTICES




                                               section 117 of the SAFETEA–LU                           Services, telephone (202) 366–9826.                   the colors of traffic signals and devices
                                               Technical Corrections Act of 2008 (Pub.                 SUPPLEMENTARY INFORMATION:                            showing red, green, and amber (49 CFR
                                               L. 110–244, 122 Stat. 1572), FHWA is                                                                          391.41(b)(10)).
                                               providing this notice as its finding that               I. Electronic Access                                     FMCSA recognizes that some drivers
                                               a waiver of Buy America requirements                      You may see all the comments online                 do not meet the vision requirement but
                                               is appropriate. The FHWA invites                        through the Federal Document                          have adapted their driving to
                                               public comment on this finding for an                   Management System (FDMS) at http://                   accommodate their limitation and
                                               additional 15 days following the                        www.regulations.gov.                                  demonstrated their ability to drive


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                                                                          Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Notices                                            90047

                                               safely. The 18 exemption applicants                     permitting each of these drivers to drive             of American Statistical Association,
                                               listed in this notice are in this category.             in interstate commerce as opposed to                  June 1971). A 1964 California Driver
                                               They are unable to meet the vision                      restricting him or her to driving in                  Record Study prepared by the California
                                               requirement in one eye for various                      intrastate commerce.                                  Department of Motor Vehicles
                                               reasons, including amblyopia, complete                     To evaluate the effect of these                    concluded that the best overall crash
                                               loss of vision, exotropia, hypoexotropia,               exemptions on safety, FMCSA                           predictor for both concurrent and
                                               macular scar, optic atrophy, retinal                    considered the medical reports about                  nonconcurrent events is the number of
                                               detachment, and retinal scar. In most                   the applicants’ vision as well as their               single convictions. This study used 3
                                               cases, their eye conditions were not                    driving records and experience with the               consecutive years of data, comparing the
                                               recently developed. Sixteen of the                      vision deficiency.                                    experiences of drivers in the first 2 years
                                               applicants were either born with their                     To qualify for an exemption from the               with their experiences in the final year.
                                               vision impairments or have had them                     vision requirement, FMCSA requires a                     Applying principles from these
                                               since childhood.                                        person to present verifiable evidence                 studies to the past 3-year record of the
                                                  The 2 individuals that sustained their               that he/she has driven a commercial                   18 applicants, 1 driver was involved in
                                               vision conditions as adults have had it                 vehicle safely with the vision deficiency             a crash and 1 driver was convicted of a
                                               for a range of 22 to 32 years.                          for the past 3 years. Recent driving                  moving violation in a CMV. All the
                                                  Although each applicant has one eye                  performance is especially important in                applicants achieved a record of safety
                                               which does not meet the vision                          evaluating future safety, according to                while driving with their vision
                                               requirement in 49 CFR 391.41(b)(10),                    several research studies designed to                  impairment, demonstrating the
                                               each has at least 20/40 corrected vision                correlate past and future driving                     likelihood that they have adapted their
                                               in the other eye, and in a doctor’s                     performance. Results of these studies                 driving skills to accommodate their
                                               opinion, has sufficient vision to perform               support the principle that the best                   condition. As the applicants’ ample
                                               all the tasks necessary to operate a CMV.               predictor of future performance by a                  driving histories with their vision
                                               Doctors’ opinions are supported by the                  driver is his/her past record of crashes              deficiencies are good predictors of
                                               applicants’ possession of valid                         and traffic violations. Copies of the                 future performance, FMCSA concludes
                                               commercial driver’s licenses (CDLs) or                  studies may be found at Docket Number                 their ability to drive safely can be
                                               non-CDLs to operate CMVs. Before                        FMCSA–1998–3637.                                      projected into the future.
                                               issuing CDLs, States subject drivers to                    FMCSA believes it can properly apply                  We believe that the applicants’
                                               knowledge and skills tests designed to                  the principle to monocular drivers,                   intrastate driving experience and history
                                               evaluate their qualifications to operate a              because data from the Federal Highway                 provide an adequate basis for predicting
                                               CMV.                                                    Administration’s (FHWA) former waiver                 their ability to drive safely in interstate
                                                  All of these applicants satisfied the                study program clearly demonstrate the                 commerce. Intrastate driving, like
                                               testing requirements for their State of                 driving performance of experienced                    interstate operations, involves
                                               residence. By meeting State licensing                   monocular drivers in the program is                   substantial driving on highways on the
                                               requirements, the applicants                            better than that of all CMV drivers                   interstate system and on other roads
                                               demonstrated their ability to operate a                 collectively (See 61 FR 13338, 13345,                 built to interstate standards. Moreover,
                                               CMV, with their limited vision, to the                  March 26, 1996). The fact that                        driving in congested urban areas
                                               satisfaction of the State.                              experienced monocular drivers                         exposes the driver to more pedestrian
                                                  While possessing a valid CDL or non-                 demonstrated safe driving records in the              and vehicular traffic than exists on
                                               CDL, these 18 drivers have been                         waiver program supports a conclusion                  interstate highways. Faster reaction to
                                               authorized to drive a CMV in intrastate                 that other monocular drivers, meeting                 traffic and traffic signals is generally
                                               commerce, even though their vision                      the same qualifying conditions as those               required because distances between
                                               disqualified them from driving in                       required by the waiver program, are also              them are more compact. These
                                               interstate commerce. They have driven                   likely to have adapted to their vision                conditions tax visual capacity and
                                               CMVs with their limited vision in                       deficiency and will continue to operate               driver response just as intensely as
                                               careers ranging for 3 to 45 years. In the               safely.                                               interstate driving conditions. The
                                               past three years, 1 driver was involved                    The first major research correlating               veteran drivers in this proceeding have
                                               in a crash, and 1 driver was convicted                  past and future performance was done                  operated CMVs safely under those
                                               of a moving violation in a CMV.                         in England by Greenwood and Yule in                   conditions for at least 3 years, most for
                                                  The qualifications, experience, and                  1920. Subsequent studies, building on                 much longer. Their experience and
                                               medical condition of each applicant                     that model, concluded that crash rates                driving records lead us to believe that
                                               were stated and discussed in detail in                  for the same individual exposed to                    each applicant is capable of operating in
                                               the October 11, 2016 notice (81 FR                      certain risks for two different time                  interstate commerce as safely as he/she
                                               70248).                                                 periods vary only slightly (See Bates                 has been performing in intrastate
                                                                                                       and Neyman, University of California                  commerce. Consequently, FMCSA finds
                                               IV. Basis for Exemption Determination                   Publications in Statistics, April 1952).              that exempting these applicants from
                                                 Under 49 U.S.C. 31136(e) and 31315,                   Other studies demonstrated theories of                the vision requirement in 49 CFR
                                               FMCSA may grant an exemption from                       predicting crash proneness from crash                 391.41(b)(10) is likely to achieve a level
                                               the vision requirement in 49 CFR                        history coupled with other factors.                   of safety equal to that existing without
                                               391.41(b)(10) if the exemption is likely                These factors—such as age, sex,                       the exemption. For this reason, the
                                               to achieve an equivalent or greater level               geographic location, mileage driven and               Agency is granting the exemptions for
pmangrum on DSK3GDR082PROD with NOTICES




                                               of safety than would be achieved                        conviction history—are used every day                 the 2-year period allowed by 49 U.S.C.
                                               without the exemption. Without the                      by insurance companies and motor                      31136(e) and 31315 to the 18 applicants
                                               exemption, applicants will continue to                  vehicle bureaus to predict the                        listed in the notice of October 11, 2016
                                               be restricted to intrastate driving. With               probability of an individual                          (81 FR 70248).
                                               the exemption, applicants can drive in                  experiencing future crashes (See Weber,                  We recognize that the vision of an
                                               interstate commerce. Thus, our analysis                 Donald C., ‘‘Accident Rate Potential: An              applicant may change and affect his/her
                                               focuses on whether an equal or greater                  Application of Multiple Regression                    ability to operate a CMV as safely as in
                                               level of safety is likely to be achieved by             Analysis of a Poisson Process,’’ Journal              the past. As a condition of the


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                                               90048                      Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Notices

                                               exemption, therefore, FMCSA will                        if: (1) The person fails to comply with               contact Docket Services, telephone (202)
                                               impose requirements on the 18                           the terms and conditions of the                       366–9826.
                                               individuals consistent with the                         exemption; (2) the exemption has                      SUPPLEMENTARY INFORMATION:
                                               grandfathering provisions applied to                    resulted in a lower level of safety than
                                               drivers who participated in the                         was maintained before it was granted; or              I. Electronic Access
                                               Agency’s vision waiver program.                         (3) continuation of the exemption would                 You may see all the comments online
                                                  Those requirements are found at 49                   not be consistent with the goals and                  through the Federal Document
                                               CFR 391.64(b) and include the                           objectives of 49 U.S.C. 31136 and 31315.              Management System (FDMS) at: http://
                                               following: (1) That each individual be                     If the exemption is still effective at the
                                               physically examined every year (a) by                   end of the 2-year period, the person may                 Docket: For access to the docket to
                                               an ophthalmologist or optometrist who                   apply to FMCSA for a renewal under                    read background documents or
                                               attests that the vision in the better eye               procedures in effect at that time.                    comments, go to http//
                                               continues to meet the requirement in 49                   Issued on: December 2, 2016.                        www.regulations.gov and/or Room
                                               CFR 391.41(b)(10) and (b) by a medical                  Larry W. Minor,                                       W12–140 on the ground level of the
                                               examiner who attests that the individual                                                                      West Building, 1200 New Jersey
                                                                                                       Associate Administrator for Policy.
                                               is otherwise physically qualified under                                                                       Avenue, SE., Washington, DC, between
                                                                                                       [FR Doc. 2016–29824 Filed 12–12–16; 8:45 am]
                                               49 CFR 391.41; (2) that each individual                                                                       9 a.m. and 5 p.m., e.t., Monday through
                                                                                                       BILLING CODE 4910–EX–P
                                               provide a copy of the ophthalmologist’s                                                                       Friday, except Federal holidays.
                                               or optometrist’s report to the medical                                                                           Privacy Act: In accordance with 5
                                               examiner at the time of the annual                                                                            U.S.C. 553(c), DOT solicits comments
                                                                                                       DEPARTMENT OF TRANSPORTATION
                                               medical examination; and (3) that each                                                                        from the public to better inform its
                                               individual provide a copy of the annual                 Federal Motor Carrier Safety                          rulemaking process. DOT posts these
                                               medical certification to the employer for               Administration                                        comments, without edit, including any
                                               retention in the driver’s qualification                                                                       personal information the commenter
                                               file, or keep a copy in his/her driver’s                [Docket No. FMCSA–2001–11426; FMCSA–                  provides, to http://www.regulations.gov,
                                               qualification file if he/she is self-                   2002–12844; FMCSA–2003–16564; FMCSA–
                                                                                                       2005–22194; FMCSA–2005–22727; FMCSA–
                                                                                                                                                             as described in the system of records
                                               employed. The driver must have a copy                   2005–23099; FMCSA–2007–0071; FMCSA–                   notice (DOT/ALL–14 FDMS), which can
                                               of the certification when driving, for                  2007–27897; FMCSA–2009–0206; FMCSA–                   be reviewed at http://www.dot.gov/
                                               presentation to a duly authorized                       2009–0291; FMCSA–2009–0321; FMCSA–                    privacy.
                                               Federal, State, or local enforcement                    2011–0140; FMCSA–2011–0141; FMCSA–
                                               official.                                               2011–0325; FMCSA–2011–0365; FMCSA–
                                                                                                                                                             II. Background
                                                                                                       2011–0366; FMCSA–2013–0167; FMCSA–                       On April 7, 2016, FMCSA published
                                               V. Discussion of Comments                               2013–0168; FMCSA–2013–0169; FMCSA–                    a notice announcing its decision to
                                                 FMCSA received 1 comment in this                      2013–0170; FMCSA–2013–0174]                           renew exemptions for 91 individuals
                                               proceeding. Joshua H. stated that Tracy                                                                       from the vision requirement in 49 CFR
                                               L. Neal holds a license in Mississippi                  Qualification of Drivers; Exemption
                                                                                                                                                             391.41(b)(10) to operate a CMV in
                                               and not Michigan.                                       Applications; Vision
                                                                                                                                                             interstate commerce and requested
                                               IV. Conclusion                                          AGENCY: Federal Motor Carrier Safety                  comments from the public (81 FR
                                                                                                       Administration (FMCSA), DOT.                          20433). The public comment period
                                                 Based upon its evaluation of the 18                   ACTION: Notice of final disposition.                  ended on May 9, 2016 and no comments
                                               exemption applications, FMCSA                                                                                 were received.
                                               exempts the following drivers from the                  SUMMARY:    FMCSA announces its                          As stated in the previous notice,
                                               vision requirement in 49 CFR                            decision to renew exemptions for 91                   FMCSA has evaluated the eligibility of
                                               391.41(b)(10), subject to the                           individuals from the vision requirement               these applicants and determined that
                                               requirements cited above 49 CFR                         in the Federal Motor Carrier Safety                   renewing these exemptions would
                                               391.64(b):                                              Regulations (FMCSRs) for interstate                   achieve a level of safety equivalent to or
                                               Joshua A. Akshar (NY)                                   commercial motor vehicle (CMV)                        greater than the level that would be
                                               Elijah A. Allen, Jr. (AR)                               drivers. The exemptions enable these                  achieved by complying with the current
                                               Tanner H. Brooks (MS)                                   individuals to continue to operate CMVs               regulation 49 CFR 391.41(b)(10).
                                               Brian E. Broux (CA)                                     in interstate commerce without meeting                   The physical qualification standard
                                               Alvin J. Dannenmann (DE)                                the vision requirement in one eye.                    for drivers regarding vision found in 49
                                               Wayne L. Dorbert (PA)                                   DATES: Each group of renewed                          CFR 391.41(b)(10) states that a person is
                                               Roger D. Ellsworth Jr. (NC)                             exemptions was effective on the dates                 physically qualified to driver a CMV if
                                               Gregory L. Frisch (CA)                                  stated in the discussions below and will              that person:
                                               Josh Gallant Jr. (SC)                                   expire on the dates stated in the                        Has distant visual acuity of at least 20/40
                                               John P. Grum (PA)                                       discussions below.                                    (Snellen) in each eye without corrective
                                               Dillon L. Hendren (SC)                                  FOR FURTHER INFORMATION CONTACT: Ms.                  lenses or visual acuity separately corrected to
                                               Roger E. Kadolph (IA)                                   Christine A. Hydock, Chief, Medical                   20/40 (Snellen) or better with corrective
                                               Jay D. May (CO)                                         Programs Division, 202–366–4001,                      lenses, distant binocular acuity of a least 20/
                                               Tracy L. Neal (MS)                                      fmcsamedical@dot.gov, FMCSA,                          40 (Snellen) in both eyes with or without
                                               Edward P. Paloskey Jr. (PA)                                                                                   corrective lenses, field of vision of at least
pmangrum on DSK3GDR082PROD with NOTICES




                                                                                                       Department of Transportation, 1200                    70° in the horizontal meridian in each eye,
                                               Jesse R. Parker (LA)                                    New Jersey Avenue SE., Room W64–                      and the ability to recognize the colors of
                                               Christopher A. Stewart (GA)                             224, Washington, DC 20590–0001.                       traffic signals and devices showing red,
                                               Emejildo Vargas (MA)                                    Office hours are from 8:30 a.m. to 5                  green, and amber.
                                                 In accordance with 49 U.S.C. 31136(e)                 p.m., e.t., Monday through Friday,
                                               and 31315, each exemption will be valid                 except Federal holidays. If you have                  III. Discussion of Comments
                                               for 2 years unless revoked earlier by                   questions regarding viewing or                          FMCSA received no comments in this
                                               FMCSA. The exemption will be revoked                    submitting material to the docket,                    preceding.


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Document Created: 2016-12-13 02:44:35
Document Modified: 2016-12-13 02:44:35
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 November 11, 2016. The exemptions expire on November 11, 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 90046 

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