81_FR_96428 81 FR 96178 - Qualification of Drivers; Exemption Applications; Vision

81 FR 96178 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 250 (December 29, 2016)

Page Range96178-96180
FR Document2016-31556

FMCSA announces its decision to exempt 12 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). They are unable to meet the vision requirement in one eye for various reasons. The exemptions will enable these individuals to operate 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 250 (Thursday, December 29, 2016)
[Federal Register Volume 81, Number 250 (Thursday, December 29, 2016)]
[Notices]
[Pages 96178-96180]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31556]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0209]


Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of final disposition.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision to exempt 12 individuals from the 
vision requirement in the Federal Motor Carrier Safety Regulations 
(FMCSRs). They are unable to meet the vision requirement in one eye for 
various reasons. The exemptions will enable these individuals to 
operate 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 70251). That notice listed 12 applicants' case 
histories. The 12 individuals applied for exemptions from the vision 
requirement in 49 CFR 391.41(b)(10), for drivers who operate CMVs in 
interstate commerce.
    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
for a 2-year period if it finds ``such exemption would likely achieve a 
level of safety that is equivalent to or greater than the level that 
would be achieved absent such exemption.'' The statute also allows the 
Agency to renew exemptions at the end of the 2-year period. 
Accordingly, FMCSA has evaluated the 12 applications on their merits 
and made a determination to grant exemptions to each of them.

III. Vision and Driving Experience of the Applicants

    The vision requirement in the FMCSRs provides:
    A person is physically qualified to drive a commercial motor 
vehicle if that person has distant visual acuity of at least 20/40 
(Snellen) in each eye without corrective lenses or visual acuity 
separately corrected to 20/40 (Snellen) or better with corrective 
lenses, distant binocular acuity of a least 20/40 (Snellen) in both 
eyes with or without corrective lenses, field of vision of at least 
70[deg] in the horizontal meridian in each eye, and the ability to 
recognize the colors of traffic signals and devices

[[Page 96179]]

showing red, green, and amber (49 CFR 391.41(b)(10)).
    FMCSA recognizes that some drivers do not meet the vision 
requirement but have adapted their driving to accommodate their 
limitation and demonstrated their ability to drive safely. The 12 
exemption applicants listed in this notice are in this category. They 
are unable to meet the vision requirement in one eye for various 
reasons, including age-related macular degeneration, amblyopia, 
complete loss of vision, corneal scar, prosthetic eye, retinal scar, 
and strabismus. In most cases, their eye conditions were not recently 
developed. Seven of the applicants were either born with their vision 
impairments or have had them since childhood.
    The 5 individuals that sustained their vision conditions as adults 
have had it for a range of 3 to 17 years.
    Although each applicant has one eye which does not meet the vision 
requirement in 49 CFR 391.41(b)(10), each has at least 20/40 corrected 
vision in the other eye, and in a doctor's opinion, has sufficient 
vision to perform all the tasks necessary to operate a CMV. Doctors' 
opinions are supported by the applicants' possession of valid 
commercial driver's licenses (CDLs) or non-CDLs to operate CMVs. Before 
issuing CDLs, States subject drivers to knowledge and skills tests 
designed to evaluate their qualifications to operate a CMV.
    All of these applicants satisfied the testing requirements for 
their State of residence. By meeting State licensing requirements, the 
applicants demonstrated their ability to operate a CMV, with their 
limited vision, to the satisfaction of the State.
    While possessing a valid CDL or non-CDL, these 12 drivers have been 
authorized to drive a CMV in intrastate commerce, even though their 
vision disqualified them from driving in interstate commerce. They have 
driven CMVs with their limited vision in careers ranging for 4 to 43 
years. In the past three years, no drivers were involved in crashes and 
no drivers were convicted of moving violations in a CMV.
    The qualifications, experience, and medical condition of each 
applicant were stated and discussed in detail in the October 11, 2016 
notice (81 FR 70251).

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 12 applicants, no drivers were involved in crashes and no drivers 
were convicted of a 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

[[Page 96180]]

the 2-year period allowed by 49 U.S.C. 31136(e) and 31315 to the 12 
applicants listed in the notice of October 11, 2016 (81 FR 70251.
    We recognize that the vision of an applicant may change and affect 
his/her ability to operate a CMV as safely as in the past. As a 
condition of the exemption, therefore, FMCSA will impose requirements 
on the 12 individuals consistent with the grandfathering provisions 
applied to drivers who participated in the Agency's vision waiver 
program.
    Those requirements are found at 49 CFR 391.64(b) and include the 
following: (1) That each individual be physically examined every year 
(a) by an ophthalmologist or optometrist who attests that the vision in 
the better eye continues to meet the requirement in 49 CFR 
391.41(b)(10) and (b) by a medical examiner who attests that the 
individual is otherwise physically qualified under 49 CFR 391.41; (2) 
that each individual provide a copy of the ophthalmologist's or 
optometrist's report to the medical examiner at the time of the annual 
medical examination; and (3) that each individual provide a copy of the 
annual medical certification to the employer for retention in the 
driver's qualification file, or keep a copy in his/her driver's 
qualification file if he/she is self-employed. The driver must have a 
copy of the certification when driving, for presentation to a duly 
authorized Federal, State, or local enforcement official.

V. Discussion of Comments

    FMCSA received no comments in this proceeding.

IV. Conclusion

    Based upon its evaluation of the 12 exemption applications, FMCSA 
exempts the following drivers from the vision requirement in 49 CFR 
391.41(b)(10), subject to the requirements cited above 49 CFR 
391.64(b):
    Robert A. Andersen (CA), Daniel L. Bawden (IL), Kelly L. Ewing 
(PA), Joseph G. Fischer (MO), Nylo K. Helberg (ND), J. Willard Keener 
(PA), Billy R. McLaurin (DE), Jason R. Raml (SD), Alfred L. Robinson 
(AR), Jerry L. Smith (VA), Danny R. Tate (VA), Larry K. Zielinski (OR).
    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 15, 2016.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-31556 Filed 12-28-16; 8:45 am]
 BILLING CODE 4910-EX-P



                                                    96178                     Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices

                                                    persons with ITDM from operating                        determination at any time after the close             SUPPLEMENTARY INFORMATION:
                                                    CMVs in interstate commerce in 49 CFR                   of the comment period.
                                                                                                                                                                  I. Electronic Access
                                                    391.41(b)(3). The final decision to grant
                                                                                                            Viewing Comments and Documents                           You may see all the comments online
                                                    an exemption to each of these
                                                    individuals was made on the merits of                      To view comments, as well as any                   through the Federal Document
                                                    each case and made only after careful                   documents mentioned in this preamble,                 Management System (FDMS) at http://
                                                    consideration of the comments received                  go to http://www.regulations.gov and in               www.regulations.gov.
                                                    to its notices of applications. The                     the search box insert the docket number                  Docket: For access to the docket to
                                                    notices of applications stated in detail                FMCSA–2008–0071; FMCSA–2012–                          read background documents or
                                                    the medical condition of each applicant                 0044; FMCSA–2012–0107; FMCSA–                         comments, go to http://
                                                    for an exemption from rule prohibiting                  2014–0015; FMCSA–2014–0016 and                        www.regulations.gov and/or Room
                                                    persons with ITDM from operating                        click ‘‘Search.’’ Next, click ‘‘Open                  W12–140 on the ground level of the
                                                    CMVs in interstate commerce. That                       Docket Folder’’ and you will find all                 West Building, 1200 New Jersey Avenue
                                                    information is available by consulting                  documents and comments related to this                SE., Washington, DC, between 9 a.m.
                                                    the above cited Federal Register                        notice.                                               and 5 p.m., e.t., Monday through Friday,
                                                    publications.                                             Issued on: December 19, 2016.
                                                                                                                                                                  except Federal holidays.
                                                      Interested parties or organizations                                                                            Privacy Act: In accordance with 5
                                                                                                            Larry W. Minor,
                                                    possessing information that would                                                                             U.S.C. 553(c), DOT solicits comments
                                                                                                            Associate Administrator for Policy.                   from the public to better inform its
                                                    otherwise show that any, or all, of these               [FR Doc. 2016–31545 Filed 12–28–16; 8:45 am]
                                                    drivers are not currently achieving the                                                                       rulemaking process. DOT posts these
                                                    statutory level of safety should
                                                                                                            BILLING CODE 4910–EX–P                                comments, without edit, including any
                                                    immediately notify FMCSA. The                                                                                 personal information the commenter
                                                    Agency will evaluate any adverse                                                                              provides, to www.regulations.gov, as
                                                                                                            DEPARTMENT OF TRANSPORTATION                          described in the system of records
                                                    evidence submitted and, if safety is
                                                    being compromised or if continuation of                                                                       notice (DOT/ALL–14 FDMS), which can
                                                                                                            Federal Motor Carrier Safety
                                                    the exemption would not be consistent                                                                         be reviewed at www.dot.gov/privacy.
                                                                                                            Administration
                                                    with the goals and objectives of 49                                                                           II. Background
                                                                                                            [Docket No. FMCSA–2016–0209]
                                                    U.S.C. 31136(e) and 31315, FMCSA will                                                                            On October 11, 2016, FMCSA
                                                    take immediate steps to revoke the                      Qualification of Drivers; Exemption                   published a notice of receipt of
                                                    exemption of a driver.                                  Applications; Vision                                  exemption applications from certain
                                                    Submitting Comments                                                                                           individuals, and requested comments
                                                                                                            AGENCY: Federal Motor Carrier Safety
                                                                                                                                                                  from the public (81 FR 70251). That
                                                       You may submit your comments and                     Administration (FMCSA), DOT.
                                                                                                                                                                  notice listed 12 applicants’ case
                                                    material online or by fax, mail, or hand                ACTION: Notice of final disposition.                  histories. The 12 individuals applied for
                                                    delivery, but please use only one of
                                                                                                            SUMMARY:    FMCSA announces its                       exemptions from the vision requirement
                                                    these means. FMCSA recommends that
                                                                                                            decision to exempt 12 individuals from                in 49 CFR 391.41(b)(10), for drivers who
                                                    you include your name and a mailing
                                                                                                            the vision requirement in the Federal                 operate CMVs in interstate commerce.
                                                    address, an email address, or a phone                                                                            Under 49 U.S.C. 31136(e) and 31315,
                                                    number in the body of your document                     Motor Carrier Safety Regulations
                                                                                                            (FMCSRs). They are unable to meet the                 FMCSA may grant an exemption for a 2-
                                                    so that FMCSA can contact you if there                                                                        year period if it finds ‘‘such exemption
                                                    are questions regarding your                            vision requirement in one eye for
                                                                                                            various reasons. The exemptions will                  would likely achieve a level of safety
                                                    submission.                                                                                                   that is equivalent to or greater than the
                                                       To submit your comment online, go to                 enable these individuals to operate
                                                                                                            commercial motor vehicles (CMVs) in                   level that would be achieved absent
                                                    http://www.regulations.gov and in the                                                                         such exemption.’’ The statute also
                                                    search box insert the docket numbers                    interstate commerce without meeting
                                                                                                            the prescribed vision requirement in                  allows the Agency to renew exemptions
                                                    FMCSA–2008–0071; FMCSA–2012–                                                                                  at the end of the 2-year period.
                                                    0044; FMCSA–2012–0107; FMCSA–                           one eye. The Agency has concluded that
                                                                                                            granting these exemptions will provide                Accordingly, FMCSA has evaluated the
                                                    2014–0015; FMCSA–2014–0016 and                                                                                12 applications on their merits and
                                                    click the search button. When the new                   a level of safety that is equivalent to or
                                                                                                            greater than the level of safety                      made a determination to grant
                                                    screen appears, click on the blue                                                                             exemptions to each of them.
                                                    ‘‘Comment Now!’’ button on the right                    maintained without the exemptions for
                                                    hand side of the page. On the new page,                 these CMV drivers.                                    III. Vision and Driving Experience of
                                                    enter information required including the                DATES: The exemptions were granted                    the Applicants
                                                    specific section of this document to                    November 11, 2016. The exemptions                        The vision requirement in the
                                                    which each comment applies, and                         expire on November 11, 2018.                          FMCSRs provides:
                                                    provide a reason for each suggestion or                 FOR FURTHER INFORMATION CONTACT: Ms.                     A person is physically qualified to
                                                    recommendation. If you submit your                      Christine A. Hydock, Chief, Medical                   drive a commercial motor vehicle if that
                                                    comments by mail or hand delivery,                      Programs Division, (202) 366–4001,                    person has distant visual acuity of at
                                                    submit them in an unbound format, no                    fmcsamedical@dot.gov, FMCSA,                          least 20/40 (Snellen) in each eye
                                                    larger than 81⁄2 by 11 inches, suitable for             Department of Transportation, 1200                    without corrective lenses or visual
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    copying and electronic filing. If you                   New Jersey Avenue SE., Room W64–                      acuity separately corrected to 20/40
                                                    submit comments by mail and would                       113, Washington, DC 20590–0001.                       (Snellen) or better with corrective
                                                    like to know that they reached the                      Office hours are 8:30 a.m. to 5 p.m., e.t.,           lenses, distant binocular acuity of a least
                                                    facility, please enclose a stamped, self-               Monday through Friday, except Federal                 20/40 (Snellen) in both eyes with or
                                                    addressed postcard or envelope.                         holidays. If you have questions                       without corrective lenses, field of vision
                                                       We will consider all comments and                    regarding viewing or submitting                       of at least 70° in the horizontal meridian
                                                    material received during the comment                    material to the docket, contact Docket                in each eye, and the ability to recognize
                                                    period. FMCSA may issue a final                         Services, telephone (202) 366–9826.                   the colors of traffic signals and devices


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                                                                              Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices                                            96179

                                                    showing red, green, and amber (49 CFR                   of safety than would be achieved                      conviction history—are used every day
                                                    391.41(b)(10)).                                         without the exemption. Without the                    by insurance companies and motor
                                                       FMCSA recognizes that some drivers                   exemption, applicants will continue to                vehicle bureaus to predict the
                                                    do not meet the vision requirement but                  be restricted to intrastate driving. With             probability of an individual
                                                    have adapted their driving to                           the exemption, applicants can drive in                experiencing future crashes (See Weber,
                                                    accommodate their limitation and                        interstate commerce. Thus, our analysis               Donald C., ‘‘Accident Rate Potential: An
                                                    demonstrated their ability to drive                     focuses on whether an equal or greater                Application of Multiple Regression
                                                    safely. The 12 exemption applicants                     level of safety is likely to be achieved by           Analysis of a Poisson Process,’’ Journal
                                                    listed in this notice are in this category.             permitting each of these drivers to drive             of American Statistical Association,
                                                    They are unable to meet the vision                      in interstate commerce as opposed to                  June 1971). A 1964 California Driver
                                                    requirement in one eye for various                      restricting him or her to driving in                  Record Study prepared by the California
                                                    reasons, including age-related macular                  intrastate commerce.                                  Department of Motor Vehicles
                                                    degeneration, amblyopia, complete loss                     To evaluate the effect of these                    concluded that the best overall crash
                                                    of vision, corneal scar, prosthetic eye,                exemptions on safety, FMCSA                           predictor for both concurrent and
                                                    retinal scar, and strabismus. In most                   considered the medical reports about                  nonconcurrent events is the number of
                                                    cases, their eye conditions were not                    the applicants’ vision as well as their               single convictions. This study used 3
                                                    recently developed. Seven of the                        driving records and experience with the               consecutive years of data, comparing the
                                                    applicants were either born with their                  vision deficiency.                                    experiences of drivers in the first 2 years
                                                    vision impairments or have had them                        To qualify for an exemption from the               with their experiences in the final year.
                                                    since childhood.                                        vision requirement, FMCSA requires a                     Applying principles from these
                                                       The 5 individuals that sustained their               person to present verifiable evidence                 studies to the past 3-year record of the
                                                    vision conditions as adults have had it                 that he/she has driven a commercial                   12 applicants, no drivers were involved
                                                    for a range of 3 to 17 years.                           vehicle safely with the vision deficiency             in crashes and no drivers were
                                                       Although each applicant has one eye                  for the past 3 years. Recent driving                  convicted of a moving violations in a
                                                    which does not meet the vision                          performance is especially important in                CMV. All the applicants achieved a
                                                    requirement in 49 CFR 391.41(b)(10),                    evaluating future safety, according to                record of safety while driving with their
                                                    each has at least 20/40 corrected vision                several research studies designed to                  vision impairment, demonstrating the
                                                    in the other eye, and in a doctor’s                     correlate past and future driving                     likelihood that they have adapted their
                                                    opinion, has sufficient vision to perform               performance. Results of these studies                 driving skills to accommodate their
                                                    all the tasks necessary to operate a CMV.               support the principle that the best                   condition. As the applicants’ ample
                                                    Doctors’ opinions are supported by the                  predictor of future performance by a                  driving histories with their vision
                                                    applicants’ possession of valid                         driver is his/her past record of crashes              deficiencies are good predictors of
                                                    commercial driver’s licenses (CDLs) or                  and traffic violations. Copies of the                 future performance, FMCSA concludes
                                                    non-CDLs to operate CMVs. Before                        studies may be found at Docket Number                 their ability to drive safely can be
                                                    issuing CDLs, States subject drivers to                 FMCSA–1998–3637.                                      projected into the future.
                                                    knowledge and skills tests designed to                     FMCSA believes it can properly apply                  We believe that the applicants’
                                                    evaluate their qualifications to operate a              the principle to monocular drivers,                   intrastate driving experience and history
                                                    CMV.                                                    because data from the Federal Highway                 provide an adequate basis for predicting
                                                       All of these applicants satisfied the                Administration’s (FHWA) former waiver                 their ability to drive safely in interstate
                                                    testing requirements for their State of                 study program clearly demonstrate the                 commerce. Intrastate driving, like
                                                    residence. By meeting State licensing                   driving performance of experienced                    interstate operations, involves
                                                    requirements, the applicants                            monocular drivers in the program is                   substantial driving on highways on the
                                                    demonstrated their ability to operate a                 better than that of all CMV drivers                   interstate system and on other roads
                                                    CMV, with their limited vision, to the                  collectively (See 61 FR 13338, 13345,                 built to interstate standards. Moreover,
                                                    satisfaction of the State.                              March 26, 1996). The fact that                        driving in congested urban areas
                                                       While possessing a valid CDL or non-                 experienced monocular drivers                         exposes the driver to more pedestrian
                                                    CDL, these 12 drivers have been                         demonstrated safe driving records in the              and vehicular traffic than exists on
                                                    authorized to drive a CMV in intrastate                 waiver program supports a conclusion                  interstate highways. Faster reaction to
                                                    commerce, even though their vision                      that other monocular drivers, meeting                 traffic and traffic signals is generally
                                                    disqualified them from driving in                       the same qualifying conditions as those               required because distances between
                                                    interstate commerce. They have driven                   required by the waiver program, are also              them are more compact. These
                                                    CMVs with their limited vision in                       likely to have adapted to their vision                conditions tax visual capacity and
                                                    careers ranging for 4 to 43 years. In the               deficiency and will continue to operate               driver response just as intensely as
                                                    past three years, no drivers were                       safely.                                               interstate driving conditions. The
                                                    involved in crashes and no drivers were                    The first major research correlating               veteran drivers in this proceeding have
                                                    convicted of moving violations in a                     past and future performance was done                  operated CMVs safely under those
                                                    CMV.                                                    in England by Greenwood and Yule in                   conditions for at least 3 years, most for
                                                       The qualifications, experience, and                  1920. Subsequent studies, building on                 much longer. Their experience and
                                                    medical condition of each applicant                     that model, concluded that crash rates                driving records lead us to believe that
                                                    were stated and discussed in detail in                  for the same individual exposed to                    each applicant is capable of operating in
                                                                                                            certain risks for two different time                  interstate commerce as safely as he/she
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    the October 11, 2016 notice (81 FR
                                                    70251).                                                 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


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                                                    96180                     Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices

                                                    the 2-year period allowed by 49 U.S.C.                  (3) continuation of the exemption would               2004–18885; FMCSA–2005–21254;
                                                    31136(e) and 31315 to the 12 applicants                 not be consistent with the goals and                  FMCSA–2006–24783; FMCSA–2008–
                                                    listed in the notice of October 11, 2016                objectives of 49 U.S.C. 31136 and 31315.              0106; FMCSA–2008–0231; FMCSA–
                                                    (81 FR 70251.                                             If the exemption is still effective at the          2008–0266; FMCSA–2008–0292;
                                                       We recognize that the vision of an                   end of the 2-year period, the person may              FMCSA–2009–0219; FMCSA–2010–
                                                    applicant may change and affect his/her                 apply to FMCSA for a renewal under                    0082; FMCSA–2010–0114; FMCSA–
                                                    ability to operate a CMV as safely as in                procedures in effect at that time.                    2010–0161; FMCSA–2010–0187;
                                                    the past. As a condition of the                           Issued on: December 15, 2016.                       FMCSA–2010–0327; FMCSA–2011–
                                                    exemption, therefore, FMCSA will                                                                              0124; FMCSA–2011–0380; FMCSA–
                                                                                                            Larry W. Minor,
                                                    impose requirements on the 12                                                                                 2012–0160; FMCSA–2012–0214;
                                                    individuals consistent with the                         Associate Administrator for Policy.                   FMCSA–2012–0215; FMCSA–2012–
                                                    grandfathering provisions applied to                    [FR Doc. 2016–31556 Filed 12–28–16; 8:45 am]          0279; FMCSA–2012–0280; FMCSA–
                                                    drivers who participated in the                         BILLING CODE 4910–EX–P                                2014–0003; FMCSA–2014–0005;
                                                    Agency’s vision waiver program.                                                                               FMCSA–2014–0006; FMCSA–2014–
                                                       Those requirements are found at 49                                                                         0010; FMCSA–2014–0011; FMCSA–
                                                    CFR 391.64(b) and include the                           DEPARTMENT OF TRANSPORTATION                          2014–0296; FMCSA–2014–0298], using
                                                    following: (1) That each individual be                                                                        any of the following methods:
                                                    physically examined every year (a) by                   Federal Motor Carrier Safety                            • Federal eRulemaking Portal: Go to
                                                    an ophthalmologist or optometrist who                   Administration                                        http://www.regulations.gov. Follow the
                                                    attests that the vision in the better eye               [Docket No. FMCSA–1998–3637; FMCSA–                   on-line instructions for submitting
                                                    continues to meet the requirement in 49                 2000–7006; FMCSA–2000–7363; FMCSA–                    comments.
                                                    CFR 391.41(b)(10) and (b) by a medical                  2004–18885; FMCSA–2005–21254; FMCSA–                    • Mail: Docket Management Facility;
                                                    examiner who attests that the individual                2006–24783; FMCSA–2008–0106; FMCSA–                   U.S. Department of Transportation, 1200
                                                    is otherwise physically qualified under                 2008–0231; FMCSA–2008–0266; FMCSA–                    New Jersey Avenue SE., West Building
                                                                                                            2008–0292; FMCSA–2009–0219; FMCSA–                    Ground Floor, Room W12–140,
                                                    49 CFR 391.41; (2) that each individual                 2010–0082; FMCSA–2010–0114; FMCSA–
                                                    provide a copy of the ophthalmologist’s                                                                       Washington, DC 20590–0001.
                                                                                                            2010–0161; FMCSA–2010–0187; FMCSA–
                                                    or optometrist’s report to the medical                  2010–0327; FMCSA–2011–0124; FMCSA–
                                                                                                                                                                    • Hand Delivery or Courier: West
                                                    examiner at the time of the annual                      2011–0380; FMCSA–2012–0160; FMCSA–                    Building Ground Floor, Room W12–140,
                                                    medical examination; and (3) that each                  2012–0214; FMCSA–2012–0215; FMCSA–                    1200 New Jersey Avenue SE.,
                                                    individual provide a copy of the annual                 2012–0279; FMCSA–2012–0280; FMCSA–                    Washington, DC, between 9 a.m. and 5
                                                    medical certification to the employer for               2014–0003; FMCSA–2014–0005; FMCSA–                    p.m., e.t., Monday through Friday,
                                                    retention in the driver’s qualification                 2014–0006; FMCSA–2014–0010; FMCSA–                    except Federal Holidays.
                                                    file, or keep a copy in his/her driver’s                2014–0011; FMCSA–2014–0296; FMCSA–                      • Fax: 1–202–493–2251.
                                                    qualification file if he/she is self-
                                                                                                            2014–0298]                                              Instructions: Each submission must
                                                    employed. The driver must have a copy                                                                         include the Agency name and the
                                                                                                            Qualification of Drivers; Exemption                   docket number for this notice. Note that
                                                    of the certification when driving, for                  Applications; Vision
                                                    presentation to a duly authorized                                                                             DOT posts all comments received
                                                    Federal, State, or local enforcement                    AGENCY: Federal Motor Carrier Safety                  without change to http://
                                                    official.                                               Administration (FMCSA), DOT.                          www.regulations.gov, including any
                                                                                                                                                                  personal information included in a
                                                    V. Discussion of Comments                               ACTION: Notice of renewal of
                                                                                                                                                                  comment. Please see the Privacy Act
                                                                                                            exemptions; request for comments.
                                                      FMCSA received no comments in this                                                                          heading below.
                                                    proceeding.                                             SUMMARY:   FMCSA announces its                          Docket: For access to the docket to
                                                                                                            decision to renew the exemptions from                 read background documents or
                                                    IV. Conclusion                                                                                                comments, go to http://
                                                                                                            the vision requirement in the Federal
                                                       Based upon its evaluation of the 12                  Motor Carrier Safety Regulations for 75               www.regulations.gov at any time or
                                                    exemption applications, FMCSA                           individuals. FMCSA has statutory                      Room W12–140 on the ground level of
                                                    exempts the following drivers from the                  authority to exempt individuals from                  the West Building, 1200 New Jersey
                                                    vision requirement in 49 CFR                            the vision requirement if the                         Avenue SE., Washington, DC, between 9
                                                    391.41(b)(10), subject to the                           exemptions granted will not                           a.m. and 5 p.m., e.t., Monday through
                                                    requirements cited above 49 CFR                         compromise safety. The Agency has                     Friday, except Federal holidays. The
                                                    391.64(b):                                              concluded that granting these                         Federal Docket Management System
                                                       Robert A. Andersen (CA), Daniel L.                   exemption renewals will provide a level               (FDMS) is available 24 hours each day,
                                                    Bawden (IL), Kelly L. Ewing (PA),                       of safety that is equivalent to or greater            365 days each year. If you want
                                                    Joseph G. Fischer (MO), Nylo K. Helberg                 than the level of safety maintained                   acknowledgment that we received your
                                                    (ND), J. Willard Keener (PA), Billy R.                  without the exemptions for these                      comments, please include a self-
                                                    McLaurin (DE), Jason R. Raml (SD),                      commercial motor vehicle (CMV)                        addressed, stamped envelope or
                                                    Alfred L. Robinson (AR), Jerry L. Smith                 drivers.                                              postcard or print the acknowledgement
                                                    (VA), Danny R. Tate (VA), Larry K.                                                                            page that appears after submitting
                                                    Zielinski (OR).                                         DATES:  Each group of renewed                         comments on-line.
                                                       In accordance with 49 U.S.C. 31136(e)                exemptions was effective from the dates                 Privacy Act: Anyone may search the
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    and 31315, each exemption will be valid                 stated in the discussions below.                      electronic form of all comments
                                                    for 2 years unless revoked earlier by                   Comments must be received on or                       received into any of our dockets by the
                                                    FMCSA. The exemption will be revoked                    before January 30, 2017.                              name of the individual submitting the
                                                    if: (1) The person fails to comply with                 ADDRESSES: You may submit comments                    comment (or of the person signing the
                                                    the terms and conditions of the                         bearing the Federal Docket Management                 comment, if submitted on behalf of an
                                                    exemption; (2) the exemption has                        System (FDMS) numbers: [Docket No.                    association, business, labor union, etc.).
                                                    resulted in a lower level of safety than                FMCSA–1998–3637; FMCSA–2000–                          You may review DOT’s Privacy Act
                                                    was maintained before it was granted; or                7006; FMCSA–2000–7363; FMCSA–                         Statement for the Federal Docket


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Document Created: 2016-12-29 01:58:22
Document Modified: 2016-12-29 01:58:22
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 96178 

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