81_FR_96441 81 FR 96191 - Qualification of Drivers; Exemption Applications; Vision

81 FR 96191 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

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

Page Range96191-96193
FR Document2016-31560

FMCSA announces its decision to exempt 20 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 96191-96193]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31560]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0208]


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 20 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 70253). That notice listed 20 applicants' case

[[Page 96192]]

histories. The 20 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 20 applications on their merits 
and made a determination to grant exemptions to each of them.

III. Vision and Driving Experience of the Applicants

    The vision requirement in the FMCSRs provides:
    A person is physically qualified to drive a commercial motor 
vehicle if that person has distant visual acuity of at least 20/40 
(Snellen) in each eye without corrective lenses or visual acuity 
separately corrected to 20/40 (Snellen) or better with corrective 
lenses, distant binocular acuity of a least 20/40 (Snellen) in both 
eyes with or without corrective lenses, field of vision of at least 
70[deg] in the horizontal meridian in each eye, and the ability to 
recognize the colors of traffic signals and devices showing red, green, 
and amber (49 CFR 391.41(b)(10)).
    FMCSA recognizes that some drivers do not meet the vision 
requirement but have adapted their driving to accommodate their 
limitation and demonstrated their ability to drive safely. The 20 
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, central retinal vein occlusion, central 
vision loss, chronic microcystic edema, complete loss of vision, 
corneal scarring, optic neuritis, glaucoma, macular scar, and 
prosthetic eye. In most cases, their eye conditions were not recently 
developed. Fourteen of the applicants were either born with their 
vision impairments or have had them since childhood.
    The 6 individuals that sustained their vision conditions as adults 
have had it for a range of 7 to 48 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 20 drivers have been 
authorized to drive a CMV in intrastate commerce, even though their 
vision disqualified them from driving in interstate commerce. They have 
driven CMVs with their limited vision in careers ranging for 3 to 50 
years. In the past three years, 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 70253).

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 20 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

[[Page 96193]]

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 20 applicants listed in the notice of October 
11, 2016 (81 FR 70253).
    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 20 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. Deb Carlson stated 
that the state of Minnesota has no concerns with granting Randal Aukes 
and Timothy Dougherty vision exemptions.

IV. Conclusion

    Based upon its evaluation of the 20 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):

Randal D. Aukes (MN)
Joseph A. Baker (KS)
Keith D. Blackwell (TX)
Gerald D. Bowser (PA)
Kathy J. Brown (OH)
Louis J. Cullen, Jr. (NJ)
Edwin P. Davis (OR)
Timothy J. Dougherty (MN)
Stephen R. Ehlenburg (IL)
Stanley W. Goble, Jr. (IA)
William R. Guida (PA)
Thomas H. Gysbers (WI)
Jerry L. Hayden, Jr. (IA)
John T. Mabry (FL)
Peter E. McDonnell (MA)
George P. Mendiola (CA)
Norman D. Mosely (NJ)
Joe W. Restine (OK)
Greg D. Schneckloth (IA)
Allen J. Stolz (WI)

    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 19, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-31560 Filed 12-28-16; 8:45 am]
 BILLING CODE 4910-EX-P



                                                                              Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices                                             96191

                                                    John Darden                                             business on the closing date indicated                ACTION:   Notice of final disposition.
                                                      Mr. Darden is a 41 year-old driver in                 in the dates section of the notice.
                                                                                                                                                                  SUMMARY:    FMCSA announces its
                                                    California. He has a history of a seizure               IV. Submitting Comments                               decision to exempt 20 individuals from
                                                    disorder and his last seizure was in                                                                          the vision requirement in the Federal
                                                    1996. He takes anti-seizure medication                     You may submit your comments and
                                                                                                            material online or by fax, mail, or hand              Motor Carrier Safety Regulations
                                                    with the dosage and frequency                                                                                 (FMCSRs). They are unable to meet the
                                                    remaining the same since that time. His                 delivery, but please use only one of
                                                                                                            these means. FMCSA recommends that                    vision requirement in one eye for
                                                    physician states that he is supportive of                                                                     various reasons. The exemptions will
                                                    Mr. Darden receiving an exemption.                      you include your name and a mailing
                                                                                                            address, an email address, or a phone                 enable these individuals to operate
                                                    William Harden                                          number in the body of your document                   commercial motor vehicles (CMVs) in
                                                                                                            so that FMCSA can contact you if there                interstate commerce without meeting
                                                      Mr. Harden is a 32 year-old driver in                                                                       the prescribed vision requirement in
                                                    New York. He has a history of a seizure                 are questions regarding your
                                                                                                            submission.                                           one eye. The Agency has concluded that
                                                    disorder and his last seizure was in                                                                          granting these exemptions will provide
                                                    2001. He takes anti-seizure medication                     To submit your comment online, go to
                                                                                                            http://www.regulations.gov and in the                 a level of safety that is equivalent to or
                                                    with the dosage and frequency                                                                                 greater than the level of safety
                                                    remaining the same since that time. His                 search box insert the docket number
                                                                                                            ‘‘FMCSA–2016–0313’’ and click the                     maintained without the exemptions for
                                                    physician states that he is supportive of                                                                     these CMV drivers.
                                                    Mr. Harden receiving an exemption.                      search button. When the new screen
                                                                                                            appears, click on the blue ‘‘Comment                  DATES: The exemptions were granted
                                                    Bradley H. Hollister                                    Now!’’ button on the right hand side of               November 11, 2016. The exemptions
                                                       Mr. Hollister is a 59 year-old class A               the page. On the new page, enter                      expire on November 11, 2018.
                                                    CDL holder in Pennsylvania. He has a                    information required including the                    FOR FURTHER INFORMATION CONTACT: Ms.
                                                    history of a seizure disorder and his last              specific section of this document to                  Christine A. Hydock, Chief, Medical
                                                    seizure was in 1989. He takes anti-                     which each comment applies, and                       Programs Division, (202) 366–4001,
                                                    seizure medication with the dosage and                  provide a reason for each suggestion or               fmcsamedical@dot.gov, FMCSA,
                                                    frequency remaining the same since that                 recommendation. If you submit your                    Department of Transportation, 1200
                                                    time. His physician states that he is                   comments by mail or hand delivery,                    New Jersey Avenue SE., Room W64–
                                                    supportive of Mr. Hollister receiving an                submit them in an unbound format, no                  113, Washington, DC 20590–0001.
                                                    exemption.                                              larger than 81⁄2 by 11 inches, suitable for           Office hours are 8:30 a.m. to 5 p.m., e.t.,
                                                                                                            copying and electronic filing. If you                 Monday through Friday, except Federal
                                                    Michael Merical                                                                                               holidays. If you have questions
                                                                                                            submit comments by mail and would
                                                       Mr. Merical is a 27 year-old class A                 like to know that they reached the                    regarding viewing or submitting
                                                    CDL holder in New York. He has a                        facility, please enclose a stamped, self-             material to the docket, contact Docket
                                                    history of epilepsy and his last seizure                addressed postcard or envelope.                       Services, telephone (202) 366–9826.
                                                    was in 2006. He takes anti-seizure                         We will consider all comments and                  SUPPLEMENTARY INFORMATION:
                                                    medication with the dosage and                          materials received during the comment                 I. Electronic Access
                                                    frequency remaining the same since that                 period. FMCSA may issue a final
                                                    time. His physician states that he is                   determination any time after the close of                You may see all the comments online
                                                    supportive of Mr. Merical receiving an                  the comment period.                                   through the Federal Document
                                                    exemption.                                                                                                    Management System (FDMS) at http://
                                                                                                            V. Viewing Comments and Documents                     www.regulations.gov.
                                                    Elvin Paul Morgan                                                                                                Docket: For access to the docket to
                                                                                                              To view comments, as well as any
                                                       Mr. Morgan is a 49 year-old class B                  documents mentioned in this preamble,                 read background documents or
                                                    CDL holder in California. He has a                      go to http://www.regulations.gov and in               comments, go to http://
                                                    history of a seizure disorder and his last              the search box insert the docket number               www.regulations.gov and/or Room
                                                    seizure was in 2000. He takes anti-                     FMCSA–2016–0313 and click ‘‘Search.’’                 W12–140 on the ground level of the
                                                    seizure medication with the dosage and                  Next, click ‘‘Open Docket Folder’’ and                West Building, 1200 New Jersey Avenue
                                                    frequency remaining the same since that                 you will find all documents and                       SE., Washington, DC, between 9 a.m.
                                                    time. His physician states that he is                   comments related to this notice.                      and 5 p.m., e.t., Monday through Friday,
                                                    supportive of Mr. Morgan receiving an                                                                         except Federal holidays.
                                                                                                              Issued on: December 21, 2016.                          Privacy Act: In accordance with 5
                                                    exemption.
                                                                                                            Larry W. Minor,                                       U.S.C. 553(c), DOT solicits comments
                                                    Clarence D. Jones                                       Associate Administrator for Policy.                   from the public to better inform its
                                                       Mr. Jones is a 74 year-old class A CDL               [FR Doc. 2016–31544 Filed 12–28–16; 8:45 am]          rulemaking process. DOT posts these
                                                    holder in Virginia. He has a history of                 BILLING CODE 4910–EX–P                                comments, without edit, including any
                                                    a seizure disorder and his last seizure                                                                       personal information the commenter
                                                    was in 1996. He has been off of anti-                                                                         provides, to www.regulations.gov, as
                                                    seizure medication since that time. His                 DEPARTMENT OF TRANSPORTATION                          described in the system of records
                                                    physician states that he is supportive of                                                                     notice (DOT/ALL–14 FDMS), which can
                                                                                                            Federal Motor Carrier Safety
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Mr. Jones receiving an exemption.                                                                             be reviewed at www.dot.gov/privacy.
                                                                                                            Administration
                                                    III. Request for Comments                                                                                     II. Background
                                                       In accordance with 49 U.S.C. 31136(e)                [Docket No. FMCSA–2016–0208]                             On October 11, 2016, FMCSA
                                                    and 31315, FMCSA requests public                        Qualification of Drivers; Exemption                   published a notice of receipt of
                                                    comment from all interested persons on                  Applications; Vision                                  exemption applications from certain
                                                    the exemption petitions described in                                                                          individuals, and requested comments
                                                    this notice. We will consider all                       AGENCY:Federal Motor Carrier Safety                   from the public (81 FR 70253). That
                                                    comments received before the close of                   Administration (FMCSA), DOT.                          notice listed 20 applicants’ case


                                               VerDate Sep<11>2014   18:41 Dec 28, 2016   Jkt 241001   PO 00000   Frm 00236   Fmt 4703   Sfmt 4703   E:\FR\FM\29DEN1.SGM   29DEN1


                                                    96192                     Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices

                                                    histories. The 20 individuals applied for               commercial driver’s licenses (CDLs) or                studies may be found at Docket Number
                                                    exemptions from the vision requirement                  non-CDLs to operate CMVs. Before                      FMCSA–1998–3637.
                                                    in 49 CFR 391.41(b)(10), for drivers who                issuing CDLs, States subject drivers to                  FMCSA believes it can properly apply
                                                    operate CMVs in interstate commerce.                    knowledge and skills tests designed to                the principle to monocular drivers,
                                                       Under 49 U.S.C. 31136(e) and 31315,                  evaluate their qualifications to operate a            because data from the Federal Highway
                                                    FMCSA may grant an exemption for a 2-                   CMV.                                                  Administration’s (FHWA) former waiver
                                                    year period if it finds ‘‘such exemption                   All of these applicants satisfied the              study program clearly demonstrate the
                                                    would likely achieve a level of safety                  testing requirements for their State of               driving performance of experienced
                                                    that is equivalent to or greater than the               residence. By meeting State licensing                 monocular drivers in the program is
                                                    level that would be achieved absent                     requirements, the applicants                          better than that of all CMV drivers
                                                    such exemption.’’ The statute also                      demonstrated their ability to operate a               collectively (See 61 FR 13338, 13345,
                                                    allows the Agency to renew exemptions                   CMV, with their limited vision, to the                March 26, 1996). The fact that
                                                    at the end of the 2-year period.                        satisfaction of the State.                            experienced monocular drivers
                                                    Accordingly, FMCSA has evaluated the                       While possessing a valid CDL or non-               demonstrated safe driving records in the
                                                    20 applications on their merits and                     CDL, these 20 drivers have been                       waiver program supports a conclusion
                                                    made a determination to grant                           authorized to drive a CMV in intrastate               that other monocular drivers, meeting
                                                    exemptions to each of them.                             commerce, even though their vision                    the same qualifying conditions as those
                                                                                                            disqualified them from driving in                     required by the waiver program, are also
                                                    III. Vision and Driving Experience of                   interstate commerce. They have driven                 likely to have adapted to their vision
                                                    the Applicants                                          CMVs with their limited vision in                     deficiency and will continue to operate
                                                       The vision requirement in the                        careers ranging for 3 to 50 years. In the             safely.
                                                    FMCSRs provides:                                        past three years, 1 driver was involved                  The first major research correlating
                                                       A person is physically qualified to                  in a crash, and 1 driver was convicted                past and future performance was done
                                                    drive a commercial motor vehicle if that                of a moving violation in a CMV.                       in England by Greenwood and Yule in
                                                    person has distant visual acuity of at                     The qualifications, experience, and                1920. Subsequent studies, building on
                                                    least 20/40 (Snellen) in each eye                       medical condition of each applicant                   that model, concluded that crash rates
                                                    without corrective lenses or visual                     were stated and discussed in detail in                for the same individual exposed to
                                                    acuity separately corrected to 20/40                    the October 11, 2016 notice (81 FR                    certain risks for two different time
                                                    (Snellen) or better with corrective                     70253).                                               periods vary only slightly (See Bates
                                                    lenses, distant binocular acuity of a least                                                                   and Neyman, University of California
                                                    20/40 (Snellen) in both eyes with or                    IV. Basis for Exemption Determination
                                                                                                                                                                  Publications in Statistics, April 1952).
                                                    without corrective lenses, field of vision                Under 49 U.S.C. 31136(e) and 31315,                 Other studies demonstrated theories of
                                                    of at least 70° in the horizontal meridian              FMCSA may grant an exemption from                     predicting crash proneness from crash
                                                    in each eye, and the ability to recognize               the vision requirement in 49 CFR                      history coupled with other factors.
                                                    the colors of traffic signals and devices               391.41(b)(10) if the exemption is likely              These factors—such as age, sex,
                                                    showing red, green, and amber (49 CFR                   to achieve an equivalent or greater level             geographic location, mileage driven and
                                                    391.41(b)(10)).                                         of safety than would be achieved                      conviction history—are used every day
                                                       FMCSA recognizes that some drivers                   without the exemption. Without the                    by insurance companies and motor
                                                    do not meet the vision requirement but                  exemption, applicants will continue to                vehicle bureaus to predict the
                                                    have adapted their driving to                           be restricted to intrastate driving. With             probability of an individual
                                                    accommodate their limitation and                        the exemption, applicants can drive in                experiencing future crashes (See Weber,
                                                    demonstrated their ability to drive                     interstate commerce. Thus, our analysis               Donald C., ‘‘Accident Rate Potential: An
                                                    safely. The 20 exemption applicants                     focuses on whether an equal or greater                Application of Multiple Regression
                                                    listed in this notice are in this category.             level of safety is likely to be achieved by           Analysis of a Poisson Process,’’ Journal
                                                    They are unable to meet the vision                      permitting each of these drivers to drive             of American Statistical Association,
                                                    requirement in one eye for various                      in interstate commerce as opposed to                  June 1971). A 1964 California Driver
                                                    reasons, including amblyopia, central                   restricting him or her to driving in                  Record Study prepared by the California
                                                    retinal vein occlusion, central vision                  intrastate commerce.                                  Department of Motor Vehicles
                                                    loss, chronic microcystic edema,                          To evaluate the effect of these                     concluded that the best overall crash
                                                    complete loss of vision, corneal                        exemptions on safety, FMCSA                           predictor for both concurrent and
                                                    scarring, optic neuritis, glaucoma,                     considered the medical reports about                  nonconcurrent events is the number of
                                                    macular scar, and prosthetic eye. In                    the applicants’ vision as well as their               single convictions. This study used 3
                                                    most cases, their eye conditions were                   driving records and experience with the               consecutive years of data, comparing the
                                                    not recently developed. Fourteen 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 6 individuals that sustained their               that he/she has driven a commercial                   20 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 7 to 48 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
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    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


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                                                                              Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices                                          96193

                                                    their ability to drive safely can be                    qualification file if he/she is self-                 DEPARTMENT OF TRANSPORTATION
                                                    projected into the future.                              employed. The driver must have a copy
                                                       We believe that the applicants’                      of the certification when driving, for                Federal Motor Carrier Safety
                                                    intrastate driving experience and history               presentation to a duly authorized                     Administration
                                                    provide an adequate basis for predicting                Federal, State, or local enforcement
                                                                                                                                                                  [Docket No. FMCSA–2016–0011]
                                                    their ability to drive safely in interstate             official.
                                                    commerce. Intrastate driving, like                                                                            Qualification of Drivers; Exemption
                                                    interstate operations, involves                         V. Discussion of Comments
                                                                                                                                                                  Applications; Epilepsy and Seizure
                                                    substantial driving on highways on the                    FMCSA received 1 comment in this                    Disorders
                                                    interstate system and on other roads                    proceeding. Deb Carlson stated that the
                                                    built to interstate standards. Moreover,                state of Minnesota has no concerns with               AGENCY: Federal Motor Carrier Safety
                                                    driving in congested urban areas                        granting Randal Aukes and Timothy                     Administration (FMCSA), DOT.
                                                    exposes the driver to more pedestrian                   Dougherty vision exemptions.                          ACTION: Notice of applications for
                                                    and vehicular traffic than exists on                                                                          exemption; request for comments.
                                                    interstate highways. Faster reaction to                 IV. Conclusion
                                                    traffic and traffic signals is generally                  Based upon its evaluation of the 20                 SUMMARY:    FMCSA announces receipt of
                                                    required because distances between                      exemption applications, FMCSA                         applications from six individuals for an
                                                    them are more compact. These                            exempts the following drivers from the                exemption from the prohibition in the
                                                    conditions tax visual capacity and                      vision requirement in 49 CFR                          Federal Motor Carrier Safety
                                                    driver response just as intensely as                    391.41(b)(10), subject to the                         Regulations (FMCSRs) against persons
                                                    interstate driving conditions. The                      requirements cited above 49 CFR                       with a clinical diagnosis of epilepsy or
                                                    veteran drivers in this proceeding have                 391.64(b):                                            any other condition that is likely to
                                                    operated CMVs safely under those                                                                              cause a loss of consciousness or any loss
                                                    conditions for at least 3 years, most for               Randal D. Aukes (MN)                                  of ability to control a commercial motor
                                                    much longer. Their experience and                       Joseph A. Baker (KS)                                  vehicle (CMV) to drive in interstate
                                                    driving records lead us to believe that                 Keith D. Blackwell (TX)                               commerce. If granted, the exemptions
                                                    each applicant is capable of operating in               Gerald D. Bowser (PA)                                 would enable these individuals who
                                                    interstate commerce as safely as he/she                                                                       have had one or more seizures and are
                                                    has been performing in intrastate                       Kathy J. Brown (OH)
                                                                                                                                                                  taking anti-seizure medication to
                                                    commerce. Consequently, FMCSA finds                     Louis J. Cullen, Jr. (NJ)                             operate CMVs in interstate commerce.
                                                    that exempting these applicants from                    Edwin P. Davis (OR)                                   DATES: Comments must be received on
                                                    the vision requirement in 49 CFR                        Timothy J. Dougherty (MN)                             or before January 30, 2017.
                                                    391.41(b)(10) is likely to achieve a level              Stephen R. Ehlenburg (IL)                             ADDRESSES: You may submit comments
                                                    of safety equal to that existing without
                                                    the exemption. For this reason, the                     Stanley W. Goble, Jr. (IA)                            bearing the Federal Docket Management
                                                    Agency is granting the exemptions for                   William R. Guida (PA)                                 System (FDMS) Docket No. FMCSA–
                                                    the 2-year period allowed by 49 U.S.C.                  Thomas H. Gysbers (WI)                                2016–0011 using any of the following
                                                    31136(e) and 31315 to the 20 applicants                                                                       methods:
                                                                                                            Jerry L. Hayden, Jr. (IA)
                                                    listed in the notice of October 11, 2016                                                                        • Federal eRulemaking Portal: Go to
                                                                                                            John T. Mabry (FL)                                    http://www.regulations.gov. Follow the
                                                    (81 FR 70253).
                                                       We recognize that the vision of an                   Peter E. McDonnell (MA)                               online instructions for submitting
                                                    applicant may change and affect his/her                 George P. Mendiola (CA)                               comments.
                                                    ability to operate a CMV as safely as in                Norman D. Mosely (NJ)                                   • Mail: Docket Management Facility;
                                                    the past. As a condition of the                         Joe W. Restine (OK)                                   U.S. Department of Transportation, 1200
                                                    exemption, therefore, FMCSA will                                                                              New Jersey Avenue SE., West Building
                                                                                                            Greg D. Schneckloth (IA)                              Ground Floor, Room W12–140,
                                                    impose requirements on the 20
                                                    individuals consistent with the                         Allen J. Stolz (WI)                                   Washington, DC 20590–0001.
                                                    grandfathering provisions applied to                       In accordance with 49 U.S.C. 31136(e)                • Hand Delivery: West Building
                                                    drivers who participated in the                         and 31315, each exemption will be valid               Ground Floor, Room W12–140, 1200
                                                    Agency’s vision waiver program.                         for 2 years unless revoked earlier by                 New Jersey Avenue SE., Washington,
                                                       Those requirements are found at 49                   FMCSA. The exemption will be revoked                  DC, between 9 a.m. and 5 p.m. e.t.,
                                                    CFR 391.64(b) and include the                           if: (1) The person fails to comply with               Monday through Friday, except Federal
                                                    following: (1) That each individual be                  the terms and conditions of the                       Holidays.
                                                    physically examined every year (a) by                   exemption; (2) the exemption has                        • Fax: 1–202–493–2251.
                                                    an ophthalmologist or optometrist who                   resulted in a lower level of safety than                Instructions: Each submission must
                                                    attests that the vision in the better eye               was maintained before it was granted; or              include the Agency name and the
                                                    continues to meet the requirement in 49                 (3) continuation of the exemption would               docket number(s) for this notice. Note
                                                    CFR 391.41(b)(10) and (b) by a medical                  not be consistent with the goals and                  that all comments received will be
                                                    examiner who attests that the individual                objectives of 49 U.S.C. 31136 and 31315.              posted without change to http://
                                                    is otherwise physically qualified under                    If the exemption is still effective at the         www.regulations.gov, including any
                                                    49 CFR 391.41; (2) that each individual                                                                       personal information provided. Please
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                                                                                                            end of the 2-year period, the person may
                                                    provide a copy of the ophthalmologist’s                 apply to FMCSA for a renewal under                    see the Privacy Act heading below for
                                                    or optometrist’s report to the medical                  procedures in effect at that time.                    further information.
                                                    examiner at the time of the annual                                                                              Docket: For access to the docket to
                                                    medical examination; and (3) that each                    Issued on: December 19, 2016.                       read background documents or
                                                    individual provide a copy of the annual                 Larry W. Minor,                                       comments, go to http://
                                                    medical certification to the employer for               Associate Administrator for Policy.                   www.regulations.gov at any time or
                                                    retention in the driver’s qualification                 [FR Doc. 2016–31560 Filed 12–28–16; 8:45 am]          Room W12–140 on the ground level of
                                                    file, or keep a copy in his/her driver’s                BILLING CODE 4910–EX–P                                the West Building, 1200 New Jersey


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Document Created: 2016-12-29 01:58:35
Document Modified: 2016-12-29 01:58:35
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 96191 

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